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HomeMy WebLinkAbout1986-07-01; City Council; 8528-2; Elm Avenue extensionqp-, , L, CIT"I3F CARLSBAD - AGENDI'-31LL , ,I 0 ~ --- 48# r52g-K I TITLE: IDEPT. HD. 044 07/01/86 I MTG. ELM AVENUE EXTENSION 1 3EPT. ENG RECOMMENDED ACTION: Adopt Resolution No. ,&$/q approving an agreement between the City of Carlsbad and Multitech Properties for the extension of Elm Avenue. Adopt Resolution No. qraccepting a grant deed for the extension of Elm Avenue from Mr. and Mrs. D. S. Sarkaria. ITEM EXPLANATION On July 17, 1984 the City Council authorized Tentative Map 83-20 with Condition 36a allowing for financing proposals by the developer. This agreement between the City and Multitech Properties Inc. (Helmut Kiffman, President) finalizes the current financing proposal terms under which the two parties will participate in the extension of Elm Avenue from Donna Drive east to El Camino Real. Considerable negotiations have been held between the City, the developer, and the other two land owners involved, namely the Jandro and Sarkaria parcels. Satisfactory agreements have been made with both parcel owners to permit the construction of the extension. Attached for your approval is Exhibit 3, a Resolution accepting the Grant Deed for the Sarkaria parcel. A land swap between Kiffman and Jandro after the approval of the Final Map will complete the necessary right-of- way. The City's participation in the project will be limited to an expense of $285,000.00 as contained in the agreement to be approved. Council asked to proceed with the adoption of Resolution No. authorizing the execution of the attached agree-ment (Exhibit 2 FISCAL IMPACT Funds were appropriated in the 1984-85 Capital Improvement Budget and carried forward to the 1985-86 Capital Improvement Budget. Currently the unencumbered balance in that project fund, Account No. 100-820-1840-3177, is adequate to cover the City's share of this project. EXHIBITS I. Resolution No. authorizing an agreement between the City of Carlsbad an Multitech Properties for the extension of Elm Avenue. 2. Agreement between the City of Carlsbad and Multitech Properties (attachments on file in the City Clerk's office). 3. Resolution No. a 4s- accepting a grant deed for the extension of Elm Avenue from Mr. and Mrs. D. S. Sarkaria. 4. Grant Deed dated June 5, 1986. P I i 7 4 F e 7 E s 1c 11 12 12 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR THE CONSTRUCTION OF ELM AVENUE EXTENTION FROM EL CAMINO REAL TO ITS TERMINUS AT DONNA DRIVE. WHEREAS, the City Manager and the developer have reached a mutually satisfactory agreement for the construction of the Elm Avenue extension; and WHEREAS, the City has obtained the necessary agreements from the abutting property owners; and WHEREAS, the City Council and the staff deem this improvement project to be of great worth to the citizens of Carlsbad; and WHEREAS, funding is available in the Capital Improvement Project budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council approves the agreements with Multitech Properties, Inc. for the extension of Elm Avenue and hereby authorizes the Mayor and the City Clerk to execute said agreements on their behalf. 3. Expenditure of $285,000 from the funding for Fiscal /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Year 1985/86 Capital Improvement Project No. 3177 is hereby authorized. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 1st day of July 9 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin and Chick NOES: Council Member Pettine MARY Hf/ CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Cherk (SEAL 1 AGREEKNT BEWEEN THE CITY OF CARLSBAD AND MTITECH PROPERTIES, INC. FOR THE CONSTRUCTION OF THE ELM AVENUE EXTENSION FROU EL WINO REM TO ITS EXISTING TERUINUS AT DONNA DRIVE -L- This agreement is made this day of 1986 by and between the City of Carlsbad, California, a municipal corporation hereafter called "City" and Multitech Properties, Inc., a California Corporation, hereafter called "Subdivider." RECITALS A. Subdivider is the developer of a project consisting of 195 apartment units and 73 single family residential lots for which development approvals have been given by the City Planning Comnission and the City Council (GPA/LU 84-3, ZC-304, SD84-3, CT 83-20). Approval of the development project was justified in part because the subdivider offered and agreed to provide a needed link in the City's circulation system by constructing Elm Avenue from its existing terminus at Donna Drive to El Camino Real. The approval of the 195 apartment units and the 73 residential lots has provided the economic incentive for developer to construct the Elm Avenue extension on property located outside the subdivision boundaries. B. The tentative map for the development (CT 83-20) was conditionally approved by the City Council on June 17, 1984. No. 7673 and Planning Commission Resolution No. 2284 conditionally approving A copy of City Council Resolution tentative subdivision map for the development project are attached to this agreement and are incorporated by this reference, (see Exhibit "A" attached). By condition No. 35 of the approval Subdivider is required to dedicate full rights-of-way and slope easements and to construct Elm Avenue to secondary ' arterial standards within the Subdivision boundaries. By condition 36 of the tentative map approval Subdivider is required to dedicate full right-of-way and slope easements for Elm Avenue to secondary arterial standards, provide full street grading, a 28 foot paved section, storm drains and appurtenances thereto for Elm Avenue off-site of the subdivision from its existing terminus east of Donna Drive to the westerly boundary of the subdivision. improvements must be installed at a time deemed necessary by the City Engineer but not later then occupancy of the 121st unit. Condition 36A of the tentative map approval authorizes the Subdivider to propose and the City Council to approve an alternative plan for the financing of the dedication and improvement of Elm Avenue. Condition 36A authorizes the City Council to modify the off-site Elm Avenue improvement condition without further public hearing. On April 4, 1986 the City Council tentatively approved an alternate plan for the dedication and construction of Elm Avenue. approves the alternate plan. The off-site By this agreement the City Council accepts and C. Parties agree that construction of Elm Avenue to its full width as quickly and expeditiously as practical is essential to provide needed public facilities for City and Subdivider. 0. Easements and rights-of-way are required for construction of Elm Avenue. Subdivider will dedicate the easements and rights-of-way within the subdivision boundaries. were dedicated on the final map for CT 79-23 (CT 83-7). execution of this agreement the City and Subdivider are executing an agreement, (see Exhibit ltBl' attached) for acquisition of the remaining easements for street and other purposes required for the construction of Elm Avenue. In addition the City and subdivider are executing the City's standard subdivision improvement agreement, (see Exhibit "C" attached) for the construction of Elm Avenue. agreements are attached hereto and are incorporated by this reference. A portion of the off-site easements and rights-of-way Concurrently with the Both -2- NOW, THEREFORE in consideration of the mutual covenants contained herein, and of the recitals, it is mutually agreed by parties as follows: 1.a. Subdivider agrees to construct Elm Avenue as provided in the Subdivision Improvement Agreement which is being executed concurrently with this agreement. The improvements shall be constructed within the time period established by the subdivision improvement agreement. b. Subdivider further agrees to bear all expenses, costs, fees and charges including attorneys, engineers, appraisers, or other professional service fees incurred or charged in connection with the acquisition of the Jandro Parcel right-of-way needed for the construction of Elm Avenue as provided in the subdivision improvement agreement. The obligations of the parties regarding the use of eminent domain for acquisition of the easements necessary for the construction of Elm Avenue shall be as contained in the Agreement Between the City of Carlsbad and Multitech Properties Inc. regarding the Acquisition of Certain Easements for Street and Other Purposes as Required for Subdivision CT 83-20 which agreement is being executed concurrently with this agreement. c. The rights-of-way and easements necessary for the construction of Elm Avenue are over property referred to in this agreement as the "Sarkaria Parcel" and the "Jandro Parcel." These parcels and the general right-of-way location are shown for convenience on Exhibit nD1l which is attached hereto and is incorporated by this reference. and rights-of-way for improvement and construction of Elm Avenue over the "Sarkari an parcel. City agrees to acquire the necessary easements 2. In lieu of *acquisition by eminent domain of the rights-of-way and easements for the contruction of Elm Avenue across the "Jandro" property, the City agrees to permit a land trade between Subdivider and owners of the Jandro -3- property consistent with the boundary adjustment map attached hereto as Exhibit "E" and incorporated by this reference, if Subdivider is able to negotiate that trade. City agrees that the parcel to be conveyed to Jandro may be shown as an additional lot on the final map for CT 83-20, if the land trade is completed prior to approval of the final map. of the final map for CT 83-20 then the City shall process and approve a parcel map to create the lot to be conveyed in exchange for the Elm Avenue right-of-way and easements. Subdivider. increase the density of the single family residential portion of CT 83-20 from 2.0 dwelling units per acre to 2.1 dwelling units per acre and that the increased density is consistent with the General Plan and zoning designations for the property. If the land trade is made after the approval The cost of processing the parcel map shall be borne by City agrees that the land trade as shown on Exhibit 'IF" will 3.a. City agrees to pay to Subdivider the sum of $285,000 in consideration of the Subdivider constructing Elm Avenue to full secondary arteri a1 standards. b. One hundred thousand dollars shall be paid at the time full width grading is completed by the Subdivider and accepted by the City. The balance shall be paid upon acceptance of the Elm Avenue extension by the City. agrees that it shall not unreasonably withhold acceptance of the work for the purposes of payment of the contribution and that payment may be made despite minor deficiencies in the work if such deficiencies are covered by the performance and labor and materials bonds securing subdivision improvement agreement. contribution shall not constitute acceptance of the improvements for the purposes of the subdivision improvement agreement. City Subdivider agrees that acceptance of the work for payment of City -4- 7 4. City agrees to vacate and quitclaim to Subdivider two parcels of surplus right-of-way adjoining El Camino Real and more specifically described in Exhibit "G" attached hereto and incorporated by this reference. The vacation and conveyance shall occur prior to or concurrently with the recordation of the final map for CT 83-20. In the event City determines that all or a portion of these parcels are needed for future public improvements Subdivider agrees to reconvey all or a portion of the parcels or an appropriate property interest therein to the City at no cost. It is further agreed that if the Subdivider fails to perform any of his obligations under this agreement or under the subdivision improvements agreement or the agreement for acquisition of rights-of-way the vacated parcels shall revert to the City. 5. All deeds to the City for rights-of-way and easement shall be made without liens or encumbrances. 6. It is agreed that the execution of this agreement shall not independently of other factors vest any rights in Subdivider to build the apartments or houses permitted under the development approvals for this project. If it becomes necessary to determine whether Subdivider has vested his rights in the project the determination shall be made in accordance with laws in existence at the time of the determination. 7. Subdivider acknowledges that City is developing a growth management and public facilities management system, which may result in significant changes in existing land uses and could reduce densities, and it is further acknowledged that all residential property within the property may be subject to any successful initiative land development requirements. Subdivider acknowledges that execution of the obligations of the agreement does not gain or develop any vested rights to further development or exemption from any land use or zone change and Subdivider does further hereby hold City harmless for any damages that might result from any future development or land use modifications, whether the changes and modifications are made by the City Council or through popular initiative. and should such restrictions require an allocation of permits, City agrees to afford developer the same consideration in the issuance of building permits for the 195 apartments and 73 residential lots as is given to other developers who Should the above-mentioned land use restrictions be adopted as law, have installed improvements pursuant to conditions of the development approvals. 8. In recognition of the substantial financial commitment required to initiate the construction of the onsite and offsite portions of Elm Avenue, the City agrees to authorize the City Engineer and City Building official to issue the building permits for the 195 apartments and 73 homes when the applicant has met all normal requirements and when the land development work of the project has been substantially started, which is agreed to be when about one-half of the project area (the apartment site, the route for Elm Avenue, and about one-third of the single-family home area) has been cleared of vegetation and alluvial material has been removed from the canyon bottoms, canyon subdrains have been installed, and approximately 50,000 cubic yards of earth-moving have been accom- plished. from completion of grading requirements pursuant to all City regulations, laws and ordinances, and pursuant to all requirements of the subdivision map and related permits. subject to the provisions of Paragraph 7 of this Agreement and any laws or policies in effect at the time the permits are issued. In no event, however, shall issuance of building permits excuse developer Issuance of building permits under this paragraph shall be 9. This agreement may not be amended except by written instrument executed by the parties hereto. 10. The terms and provisions of this agreement shall be binding upon and inure to the successors, assigns and beneficiaries of the parties. 11. Upon execution of this agreement by the parties hereto, City shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Diego. .-6- IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day and year first above written. of satisfactory evidence to be the person who executed secmmy-of the Corporation proved to me on the basis of satisfactory evidence to be o executed the within instrument as the that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature DATED: Pw.w&nw.% 1 OFFICIAL SEAL HELEN T. COOKE PRlNClPAL OFFICE IN NOTAXY PU~LIC-CALIF~JRNIA SAN DIEGO COUNTY 4 --* W8=.a......ph MY Commission Expires November 26, 7999 (This area for official nod sed) I CITY OF CARLSBAD A Municipal Corporation of the State of California By: WRY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk /I , CAT. NO. "00737 > TO 1945 CA (8-84) (Corporation! #A SUBDIVIDER HELMUT KIFFMhNN, @resident BY: TlCOR TITLE INSURANCE 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED. WHEREAS, Daljit S. and Elaine Sarkaria have submitted a Grant Deed conveying an easement to the City of Carlsbad for street purposes over a portion of Elm Avenue; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to accept said Deed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed from Daljit S. and Elaine Sarkaria, dated June 5, 1986, conveying an easement for street puproses over a portion of Elm Avenue to the City of Carlsbad which is on file with the City Clerk and is incorporated herein by reference, is accepted. 3. That the City Clerk is authorized to cause the original Deed to be recorded in the Office of the County Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 1st day of July , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, and Chick NOES: Council Member Pettine ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL MARY H. &ASLER, Mayor .- Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE -mYTRANEFERTAXs !a _I.... ...... Compuwd on the cmridnnion OT value of pmprty convyod; OR ...... Canpuwd on thecwidrrtion orvalue IN Ilona OT mcumbma runainlm at time of de. Oh& Slsmn of Dcl8r.m or Awt d"nln1ng mx - Flrm Nun. A.P.N. 167-250-16 CT 83-20 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Daljit S. Sarkaria and Elaine Sarkaria, husband and wife as community property hereby GRANT61 to The City of Carlsbad, a municipal corporation, a roadway and slope easement over, under and across the real property in the City of County of San Diego Carlsbad , State of California, described as For description of property see attached Exhibit "A" incorporated herein and made a part hereof. See Exhibit "6" incorporated herein and used as reference only. (This ara for official no9ri.l mi) 1002 (6182) .. MAIL TAX STATEMENTS As DIRECTED ABOVE EXHIBIT "A" PARCEL 1 SLOPE EASEMENT ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 11 SOUTH, FANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF ELM AVENUE BEING THE SOUTHWESTERLY TERMINUS OF AN 850.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AS SHOWN ON MAP NO. 6397 RECORDED JUNE 17, 1969 IN THE OFFICE OF THE SAID COUNTY RECORDER, A RADIAL LINE TO SAID POINT BEARS NORTH 53'02'29" WEST (NORTH 53O28'50" \JEST RECORD); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 312.54 FEET THROUGH A CENTRAL ANGLE OF 21°04'03" TO THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER: THENCE LEAVING SAID CENTERLINE ALONG SAID SOUTHERLY LINE NORTH 88O39'13" WEST 72.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 20°01'40" WEST 44.19 FEET; THENCE NORTH 57°53'07" EAST 89.67 FEET; THENCE NORTH 74°03'17" EAST 65.52 FEET; THENCE SOUTH 88°41'53" EAST 44.01 FEET; THENCE NORTH 51°40'00" EAST 54.82 FEET; THENCE NORTH 70"01'01" EAST 23.41 FEET;THENCE SOUTH 90'00 '00" EAST 24.00 FEET; THEPICE NORTH 69'34 '02" EAST 54.42 FEET; THENCE NORTH 34O09'35" EAST 33.84 FEET; THENCE NORTH 69°11'36" EAST 53.49 FEET; THENCE NORTH 82O52'30" EAST 50.68 FEET TO THE EASTERLY LINE OF THE WESTERLY 15 CHAINS OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG SA1 D EASTERLY LINE SOUTH 01'32 '57" SAID CURVE BEING CONCENTRIC WITH AND 42.00 FEET NORTHWESTERLY FROM SAID CENTERLINE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 461.17 FEET THROUGH A CENTRAL A?!GLE OF 29O37'20" TO THE TRUE POINT OF BEGINNING. WEST 56.56 FEET TO A NON-TANGENT 892.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY Sheet 1 of 3 ,' !? SLOPE EASEMENT PARCEL 2 EXHIBIT A ALL THAT PROTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF ELM AVENUE BEING THE SOUTHWESTERLY TERMINUS OF AN 850.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AS SHOWN ON MAP NO. 6397 RECORDED JUNE 17, 1969 IN THE OFFICE OF THE SAID COUNTY RECORDER, A RADIAL LINE TO SAID POINT BEARS NORTH 53'02'29" WEST (NORTH 53'28'50" WEST RECORD); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 312.54 FEET THROUGH A CENTRAL ANGLE OF 21'04'03" TO THE SOUTHERLY LINE OR SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE LEAVING SAID CENTERLINE ALONG SAID SOUTHERLY LINE SOUTH 88'39'12" EAST 51.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88'39'12" EAST 53.96 FEET; THENCE NORTH 59'57'29" EAST 86.06 FEET; THENCE SOUTH 89'38'39'' EAST 139.34 FEET TO THE EASTERLY LINE OF THE WESTERLY 15 CHAINS OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EASTERLY LINE NORTH 01'32'56'' EAST 41.79 FEET TO A NON- TANGENT 808.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; SAID CURVE BEING CONCENTRIC WITH AND 42.00 FEET SOUTHERLY FROM SAID CENTERLINE; THENCE SOUTH- WESTERLY ALONG THE ARC OF SAID CURVE 282.78 FEET THROUGH A CENTRAL ANGLE OF 20°03'09" TO THE TRUE POINT OF BEGINNING. Sheet 2 of 3 J' EXHIBIT A ROAD DEDICATION PARCEL 3 ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF ELM AVENUE BEING THE SOUTHWESTERLY TERMINUS OF AN 850.00 MAP NO. 6397 RECORDED JUNE 17, 1969 IN THE OFFICE OF THE SAID COUNTY RECORDER, A RADIAL LINE TO SAID POINT BEARS NORTH 53'02'29" WEST (NORTH 53'28'50" WEST RECORD) ; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 312.54 FEET THROUGH A CENTRAL ANGLE OF 21O04'03" TO THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE ALONG SAID SOUTHERLY LINE NORTH 88O39'12" WEST 72.69 FEET TO A NON-TANGENT 892.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY SAID CURVE BEING CONCENTRIC WITH AND 42.00 FEET NORTHWESTERLY FROM SAID CENTERLINE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 461.17 FEET THROUGH A CENTRAL ANGLE OF 29"37'20" TO THE EASTERLY LINE OF THE WESTERLY 15 CHAINS OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER THENCE ALONG SAID EASTERLY LINE SOUTH 1'32'57" WEST 42.41 FEET TO A POINT ON THE CENTERLINE OF SAID ELM 808.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY SAID CURVE BEING CONCENTRIC WITH AND 42.00 FEET SOUTHEASTERLY FROM SAID CENTERLINE; THENCE LEAVING SAID EASTERLY LINE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 282.78 FEET THROUGH A CENTRAL ANGLE OF 2OuO3'09" TO THE SAID SOUTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 88'39'13" WEST 81.72 FEET TO THE TRUE POINT OF BEGINNING, FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AS SHOWN ON AVENUE; THENCE CONTINUING SOUTH 1O32'57" WEST 42.46 FEET TO A NON-TANGENT Sheet 3 of 3 I--- I