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HomeMy WebLinkAboutCT 92-7; Carltas Company; 1993-0886034; Drainage Fee Agreement/Release. - 625 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 City Clerk CITY OF CARLSBAD Parcel No. 211-021-18. 28, 29 AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 13 THIS AGREEMENT is entered into this ,dlst day of &%a I 19s by and between Carltas Company, a California Limited Partnership hereinafter referred to as "Developer" whose address is 5600 Avenida Encinas, Suite 100, Carlsbad, CA 92008 and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City" whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of the City; and WHEREAS, Developer proposes a development project as follows: an eight lot major subdivision with one lot as a remainder parcel on said Property, which Development carries the proposed name of AGREEMENTS AC-9.frm 1 ci-9g- 7 REV. 10/29/92 ‘. ’ ‘. ,. .L 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - h Carlsbad Ranch, CT 92-07, Units I and II and is hereinafter referred to as 1'DevelopmentB8; and WHEREAS, Developer filed on the 21 day of September, 1992, with the City as a request for a tentative map and associated permits hereinafter referred to as llReguestll; and WHEREAS, on September 14, 1992 Developer entered into an agreement with the City to pay Public Facilities fees of 3.5 percent of the building permit valuation. A copy of the agreement is on file with the City Clerk and is incorporated by this reference. WHEREAS, Developer and City recognizethe correctness of the Local Facilities Management Plan for Zone 13, on file with the City Clerk and incorporated by the reference, and that the City's drainage facilities may be at or near capacity in the drainage sub-basin where this development is located, and may not be available to accommodate the additional drainage demands on such facilities and services resulting from the proposed Development; and WHEREAS, said plan for Zone 13 requires that all public facilities, including drainage, necessary to serve a development will be available in conformance with the City's adopted performance standard (said Zone Plan is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer has asked the City to find that drainage facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for AGREEMENTS AG-9.frm 2 REV. 10/29/92 ‘. ‘. . I I. . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h Q7 such services and facilities: and therefore, Developer proposes to satisfy the Local Facilities Management Plan for Zone 13 by the payment of drainage fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. That the foregoing recitals are true and correct. 2. The Developer shall pay to the City a drainage fee as required by the Local Facilities Management Plan for Zone 13 as may be detailed in said plan and incorporated by reference and as determined through the revised Master Drainage Plan necessary to provide drainage facilities in conformance with the City's Growth Management performance standard. This drainage fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 and 21 of the Carlsbad Municipal Code. 3. This agreement and the drainage fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan, the Growth Management Program and the Local Facilities Management Plan for Zone 13. If the fee is not paid as provided herein, the City will not have the funds to provide drainage facilities and services, and the Development will not be consistent with the General Plan, the Growth Management Program or the Local Facilities Management Plan for Zone 13 and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the drainage facilities fee is paid or this agreement is executed. 4. That Developer agrees to pay the drainage fees identified by the City Council as necessary to pay for the cost AGREEMENTS AG-9.frm 3 REV. 10/29/92 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A of providing the drainage improvements or facilities which are required by the Growth Management Program and the revised Master Drainage Plan, or any other provision of Chapter 21.90 of the Carlsbad Municipal Code, or any other provision of law. Payment shall be due 30 days from the date the drainage fee is established. Developer hereby waives his right to challenge said drainage fees. Developer further waives any rights to pay the drainage fees referred to herein under protest and that any protest shall immediately subject the project to the provisions ~ of Section 21.90 of the Carlsbad Municipal Code, or any provision of law. 5. Developer agrees to construct, or participate in financing the construction of public facilities and improvement identified in the citywide facilities and improvements plan or the Local Facilities Management Plan to the extent that those facilities or improvements are allocated to Deveioper's property or project and are not financed by the fees referenced hereto. 6. City agrees to deposit the drainage fees paid pursuant to this agreement in a drainage fund for the financing of drainage facilities as needed in the City of Carlsbad when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar fees are available. 7. Subject to paragraphs 3 and 4, the City agrees to issue building and other development permits pursuant to the provisions of the Carlsbad Municipal Code Title 18, 20, and 21to the extent such permit comply with applicable provisions of law. 8. In the event that the payment required by this AGREEMENTS AC-9.frm 4 REV. 10/29/92 -. *. I. . . 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h Q9 agreement is not made when due the City may pursue any remedy, legal or equitable (including those specifically referred to herein), against the Developer and the Developer's successors, heirs, assigns and transferees. Without waiving its rights under the section, City, upon request of Developer, may allow additional time to pay the drainage fee. 9. In addition to the other remedies available to the City, it is hereby agreed that if Developer does not pay the drainage fees specified by this agreement the City may revoke the building permit for the project or may deny or revoke a Certificate of Occupancy for the project or both upon 15 days written notice to Developer of the revocation or denial. 10. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such part. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 10.1. If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage and prepared and certified. 10.2. If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as indicated in this agreement or at another place as designated to the City by the Developer in AGREEMENTS AG-9.frm 5 REV. 10/29/92 6. .. . . 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - -, QO writing, postage prepaid and certified. 11. The City shall not, nor shall any officer, employee of the City, be liable or responsible for any loss or damage happening or occurring to Developer's building for the exercise of any of the remedies provided to the City pursuant to this agreement, regardless of the nature of the loss or damage. 12. This agreement and the covenants contained herein shall be binding upon and enure to the benefit of the successors, heirs, assigns and transferees of Developer and shall run with the real property and create an equitable servitude upon the real property. 13. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied and appropriate fee paid to record a release, City shall record the release. 14. The prevailing party in any dispute between the parties shall be the right to recover from the non-prevailing party all costs and attorney's fees expanded in the course of such dispute. 15. Except as otherwise provided herein, all notices required or provided for under this agreement shall be in writing and shall be delivered in person or served by certified mail postage prepaid. Delivery of notice to Developer shall be presumed to have been made on the date of mailing regardless of receipt by Developer. Notices required to be given to Developer shall be addressed as follows: AGREEMENTS AG-9.frm 6 REV. 10/29/92 . . . : . a. ’ 1 2 3 4 5 8 7 8 9 10 11 12 13 14 ;f' 15 ._ 16 I 17 97 . 18 .- 19 * 20 21 22 23 24 I ; 25 > 26 J II 27 28 h Carltas Company 5600 Avenida Encinas, Suite 100 Carlsbad CA 92008 Executed by Developer this &day of-, ~ 1973. DEVELOPER: CITY OF CARLSBAD, a municipal corporation of the State of Carltas Company, a California California Attest: Manaoer (title and organization of signatory) ALETHA L. MU By: City Clerk (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgement of execution by DEVELOPER must be attached) (President or vice-president and.secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: v Deputy City Attorney AGREEMENTS AG-9.frm REV. 10/29/92 - State of CALTFnRNTA 632 County of SAN DIEGO On 12-I ?-I)? before me, JOYCE E. MIXOCK. NflnRY Pllw.Tp , DATE NAME, TITLE OF OFFICER - E.G., ‘JANE DOE, NOTARY PUBLIC personally appeared CHRISTOPHER C. CALKINS , NAME(S) OF SIGNER(S) #personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TITLE(S) 0 PARTNER(S) [z1 LIMITED 0 GENERAL q ATTORNEY-IN-FACT . 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR El OTHER: bfbbU+f SIGNER IS REPRESENTING: WITNESS my hand and official seal. e NAME OF PERSON(S) OR ENTII-f(IES) CARLTAS COMPANY, A &L.bl&9d&uA4ml CALIFORNIA LIMITED ’ SIGNATURE OF NOTA PARTNERSHIP . . THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT t-ttewiDcauuPQP E&s THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT - OPTIONAL SECTION - CAPACITYCLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons retying on the document. 0 INDIVIDUAL q CORPORATE OFFICER(S) Though the data requested here is not required by law. it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION l 6236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309-7184 EXHIBIT "A" LEGAL DESCRIPTION CARLSBAD TRACT 92-7 UNITS I t II ALL THAT PORTION OF LOT H OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF RECORD OF SURVEY MAP NO. 13995, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 25, 1992, AS FILE NO. 92-0762198 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY BOUNDARY THEREOF, SOUTH 0" 03' 31" WEST 1465.19 FEET; THENCE NORTH 89" 56' 29' WEST 120.00 FEET; THENCE SOUTH 0" 03' 31" WEST 160.00 FEET: THENCE SOUTH 89" 56' 29" EAST 120.00 FEET; THENCE SOUTH 0" 03' 31" WEST 110.00 FEET: THENCE SOUTH 0" 01' 34" WEST 836.92 FEET TO THE BEGINNING OF A NON-TANGENT 520.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THE RADIAL TO SAID POINT BEARS SOUTH 6" 22' 41" WEST; THENCE, LEAVING THE EASTERLY i BOUNDARY OF SAID RECORD OF SURVEY NO. 13995, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29" 20' 26" A DISTANCE OF 266.29 FEET; THENCE TANGENT TO SAID CURVE NORTH 54“ 16' 53" WEST 232.20 FEET TO THE BEGINNING OF A TANGENT 410.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2" 23' 25" A DISTANCE OF 17.10 FEET: THENCE NON-TANGENT TO SAID CURVE NORTH 22" 29' 22" WEST 1811.48 FEET; THENCE SOUTH 67" 30' 38" WEST 1793.73 FEET; THENCE NORTH 55" 44' 21" WEST 268.47 FEET TO THE BEGINNING OF A NON-TANGENT 615 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST, A RADIAL TO SAID POINT BEARS NORTH 55" 44' 21" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27" 40' 39" A DISTANCE OF 297.08 FEET; THENCE RADIAL TO SAID CURVE NORTH 83" 25' 00" WEST 110.00 FEET TO THE BEGINNING OF A NON-TANGENT 725 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST, THE RADIAL TO SAID POINT BEARS NORTH 83" 25' 00" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29" 04' 22" A DISTANCE OF 367.88 FEET; THENCE TANGENT TO SAID CURVE SOUTH 22" 29' 22" EAST 965.50 FEET; THENCE SOUTH 20" 57' 08" EAST 211.68 FEET: THENCE SOUTH 27" 00' 30" EAST 1128.47 FEET; THENCE NORTH 63" 50' 20" EAST 631.27 FEET TO A POINT ON A NON-TANGENT 621 FOOT RADIUS CURVE, CONCAVE TO THE WEST, A RADIAL TO SAID POINT BEARS NORTH 74" 13' 31" EAST: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29" 32' 14" A DISTANCE OF 320.14 FEET; THENCE TANGENT TO SAID CURVE SOUTH 13" 45' 45" WEST 100.00 FEET TO THE BEGINNING OF A TANGENT 719 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11" 36' 42" A DISTANCE OF 145.71 FEET; THENCE TANGENT TO SAID CURVE SOUTH 2" 09' 03" WEST 160.14 FEET TO THE SOUTHERLY LINE OF SAID RECORD OF SURVEY NO. 13995; THENCE ALONG SAID SOUTHERLY LINE NORTH 87" 49' 58' WEST 1633.27 FEET: THENCE NORTH 2" 08' 40" EAST 177.33 FEET TO THE BEGINNING OF A TANGENT 643 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 80" 01' 11" A DISTANCE OF 898.02 FEET; THENCE; LEAVING THE WESTERLY LINE OF SAID RECORD OF - SURVEY NO. 13995 AND CONTINUING ALONG THE ARC OF SAID 643 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 2" 06' 34" A DISTANCE OF 23.67 FEET TO THE EASTERLY LINE OF MAP NO. 11284 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981, AS FILE NO. 81-14557 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE AND CONTINUING ALONG THE ARC OF SAID 643 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 4" 40' 28" A DISTANCE OF 52.46 FEET; THENCE TANGENT TO SAID CURVE NORTH 84" 39' 33" WEST 239.31 FEET TO THE BEGINNING OF A TANGENT 557 FOOT RADIUS CUR\'E, CONCAVE EASTERLY; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88" 08' 18" A DISTANCE OF 856.84 FEET: THENCE TANGENT TO SAID CURVE NORTH 3" 28' 45" EAST 297.30 FEET TO THE BEGINNING OF A TANGENT 643 FOOT RADIUS CURVE CONCAVE, WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25" 58' 11" A DISTANCE OF 291.44 FEET; THENCE LEAVING THE EASTERLY LINE OF SAID MAP NO. 11284, NON-TANGENT TO SAID CURVE, SOUTH 22" 29' 26" EAST 93.70 FEET TO THE WESTERLY LINE OF SAID RECORD OF SURVEY NO. 13995; THENCE ALONG SAID WESTERLY LINE NORTH 67" 30' 34" EAST 5.14 FEET TO THE BEGINNING OF A NON-TANGENT 25 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 67" 30' 34" WEST; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90" 00' 03" 39.27 FEET; THENCE TANGENT TO SAID CURVE NORTH 67" 30' 37" EAST 410.20 FEET TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;'THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89" 59' 59" A DISTANCE OF 527.79 FEET: THENCE TANGENT TO SAID CURVE NORTH 22" 29' 22" WEST r I .;. . 63@ 61.38 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 5.92 FEET TO THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22" 29' 22" WEST 79.99 FEET TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY: THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 5.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 22" 29' 22" WEST 338.88 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE, CONCAVE EASTERLY: THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 5.92 FEET TO THE BEGINNING A REVERSE 107.50 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22" 29' 22" WEST 79.99 FEET TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY: THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 5.92 FEET: THENCE TANGENT TO SAID CURVE NORTH 22" 29' 22" WEST 338.90 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE, - CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 5.92 FEET TO THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22" 29' 22" WEST 79.97 FEET TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33' 55' 23" A DISTANCE OF 63.65 FEET TC THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 5.92 FEET: THENCE TANGENT TO SAID CURVE NORTH 22" 29' 22" WEST 234.47 FEET TO THE BEGINNING OF A TANGENT 264.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY: THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63" 41' 21" A DISTANCE OF 293.46 FEET; THENCE TANGENT TO SAID CURVE NORTH 41" 11' 59" EAST 99.91 FEET TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29" 41' 08" A DISTANCE OF 174.09 FEET: THENCE TANGENT TO SAID CURVE NORTH 11" 30' 51" EAST 73.96 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90" 00' 12" A DISTANCE OF 39.27 FEET: THENCE RADIAL TO SAID CURVE NORTH 11" 31' 03" EAST 51.00 FEET TO A POINT ON THE NORTH LINE OF SAID RECORD OF SURVEY MAP NO. 13995; THENCE ALONG SAID NORTH LINE SOUTH 78" 28' 57" EAST 1286.67 FEET TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS CURVE, CONCAVE NORTHERLY; - . *+ , THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6' 24' 19" A DISTANCE OF 223.59 FEET: THENCE TANGENT TO SAID CURVE SOUTH 84" 53' 16" EAST 2170.45 FEET TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS CURVE, CONCAVE NORTHERLY: THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13" 48' 04" A DISTANCE OF 481.75 FEET; THENCE TANGENT TO SAID CURVE NORTH 81" 18' 40" EAST 322.18 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.