HomeMy WebLinkAboutCT 85-19; K W Realty Group LP; 1993-0738089; Public Facilities Fee Agreement/Release7
RECORDING REQUESTELTYAND
&HEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
lifornia 92008-l 989
“Jc # 1993-0738089
768 03-tKw-1993 1#=28 AN
) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE ; ANNETTE E;;“;; COUN;;E;ECORDER RF: :
fi”;; ld.00 32.00
1.00
Space above this line for Recorder’s use \ T \
Parcel No. 222-160-41 E 222-160-42
223-020-16 & 223-020-21 A.,.““’ AGREEMENT BElWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILlTlES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FAClLlTIES DISTRICT NO. 1
THIS AGREEMENT is entered into this S day of & ,19&
by and between K/W Realty Group a Limited Partnership, hereinafter referred to as “Developer”
whose address is 2025 W. Balboa Boulevard, 2nd Floor, Newport Beach, CA 92663 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, 92008-1989.
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 City; and
WHEREAS, Developer proposed a development project as follows: 112 unit Tentative Map
and Planned Unit Development on said Property, which development carries the proposed name
of CT 85-l 9, The Meadowlands and is hereafter referred to as “Development”; and
fq4rck 1x1 1993 -4 ofl WHEREAS, Developer filed olthe 31 day of August, 1993, with the City a request for a
tentative map extension hereinafter referred to as “Request”; and
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
Council find that all public facilities necessary to serve a development will be available concurrent
with need or such development shall cot be apprcved (said element is on file with the City Clsrk
and is incorporated by this reference); and
Form Approved
By City Council July 2,199l
Reeo # 91-194KJH 1
I
- - 769
.
WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated
July 2, 1991, on file with the Clty Clerk and Incorporated by this reference, and that the City’s
public facilities and services are at capacity and will not be available to accommodate the
additional need for public facilities and services resulting from the proposed Development; and
WHEREAS, Developer has asked the City to find that public 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 such services and facilities; and therefore, Developer proposes to
help satisfy the General Plan as Implemented by Council Policy No. 17 by payment of a public
facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein,
the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an amount not to
exceed 3.5% of the building permit valuation of the building or structures to be constructed in
the Development pursuant to the Request. The fee shall be paid prior to the issuance of building
or other construction permits for the development and shall be based on the valuation at that
time. This fee shall be in addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carisbad Municipal Code. Developer shall pay a fee for conversion
of existing building or structures into condominiums in an amount not to exceed 3.5% of the
building permit valuation at the time of conversion. The fee for a condominium conversion shall
be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47
of the Carlsbad Municipal Code. Condominium shall include community apartment or stock
cooperative. The terms “other construction permits I’, “other construction permit” and “entitlement
for use” as used in this agreement, except in reference to mobilehome sites or projects, shall not
refer to grading permits or other permits for the construction of underground or street
Form Approved
By City Council July 2,199l
Reao # 9%194lKJH
- h 770
improvements unless no other permit is necessary prior to the use or occupancy for which the
development is intended. Developer shall pay the City a public facilities fee In the sum of $1 ,150
for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid
prior to the issuance of building or other construction permits for the development. This fee shall
be in addition to any fees, dedications or improvements required according to Tiles 18, 20 or
21 of the Carisbad Municipal Code.
2. The Developer may offer to donate a site or sites for public facilities in lieu of ail
or part of the financial obligation agreed upon in Paragraph 1 above. lf Developer offers to
donate a site or sites for public facilities, the City shall consider, but is not obligated to accept
the offer. The time for donation and amount of credit against the fee shall be determined by Clty
prior to the issuance of any building or other permits. Such determination, when made, shall be-
come a part of this agreement. Sites donated under this paragraph shall not include
improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to ensure the
consistency of the Development with the City’s General Plan. If the fee is not paid as provided
herein, the City will not have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan 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 public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities
fund for the financing of public facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this and similar public facilities fees
are available.
5. City agrees to provide upon request reasonable assurances to enable Developer
to comply with any requirements of other public agencies as evidence of adequate public
facilities and services sufficient to accommodate the needs of the Development herein described.
Form Approved
By City Council Juty 2,199l
Reso d 91-194/KJH 3
771
6. Ail obligations hereunder shall terminate in the event the Request made by
Developer is not approved.
7. 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 party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the
following manners:
7.1 If notice is given to the City of 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
prepaid and certified.
7.2 lf notice Is given to Developer by personal delivery thereof to Developer or
by depositing the same In the United States Mail, enclosed in a seated envelope, addressed to
Developer at the address as many have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the benefit of, and shall
apply to, the respective successors and assigns of Developer and City, and references to
Developer or City herein shall be deemed to be a reference to and include their respective
successors and assigns without specific mention of such successors and assigns. If Developer
should cease to have any interest in the Property, all obligations of Developer hereunder shall
terminate; provided, however, that any successor to Developer’s interest in the property shall
have first assumed in writing the Developer’s obligations hereunder.
9. 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, City shall record a
release.
Form Approved
By City Council July 2,199l
Reso # 91-194MJH
.:
- ‘--\ 772
IN WlTNESS WHEI-,-OF, this agreement is executed in San diego County, California as
of the date first written above.
DEVELOPER-OWNER: ClTY OF CARLSBAD, a municipal corporation of the
w Realty Group Limited Partnership
By: Klingbeil Development Co, General Partner
State of California
BY N/A (signature)
N/A .
(print name and title)
BY N/A
(signature)
N/A (print name and title)
By: II Development Corporation
BY
(print name and title)
BY N/A (signature)
-N/a (print name and title)
ATTEST:
APPROVED AS TO FORM: RONALD R. BALL, City Attorney 60” / ‘iL4g
By ’ Deputy City Attorney
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
Form Approved
By City Council July 2,199l
Reso i 91-194IUJH
h
. -. , - _’
h
ALL PURPOSE ACKNOWLEDGEMENT
773
_ _-- _ -___ --- _ --_-_-- ----- ----_--- _
County of Orawe
Dn 10-5-93 before me, mbin A. smithberq, NO- EQb1i.c DATE NAME, TITLE DF OFFICER, E.G. JANE DDE, NOTARY PUSUC fl CORPORATE Vice Presider
personally appeared eel S. w --------------------------~
NAMEISI DF SIGNER61
3personally known to me - OR - q 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
acknowledged to me that he/she/they executed 0 GUARDIAN/CONSERVATOR
the same in his/her/their authorized
capacityfies), and that by his/her/their
signaturefsl on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
~~~~~~S,~~~~yNTING’
ATTENTION NOTARY: Althowh the information requested Wow is OPTIONAL it c @mPmbwmCIn!wCAR
THIS CERTIFICATE Title orType of Documentj’OR THE PAYMENT OF A UE3yC AC LI ES E'ER OUTSIDE D
MUST BE ATTACHED Number of Pages Nine (9) Date of Dk.J~ent’Ock~ 5, 1993
TO THE DOCUMENT Signer(s) Other Than Named Above None nowed bv this N&am Public.
DESCRIBED AT RIGHT:
AD #I
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LEGAL DESCRIPTION
774
ORDER NO. 1074297-22
THE LARD REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:,
PARCEL 1:
ALL THAT PORTION OF THE SOUTH HALF OF SECTION 19, AND OF THE NORTHEAST QUARTER OF SECTION 30, ALL IN TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 5 OF MEADOWLARK NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4443, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN. DIEGO COUNTY, JANUARY 12, 1960; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID MAP NO. 4443 SOUTH 89O56'29" EAST, 466.22
FEET (RECORD NORTH 89O34'45" EAST, 466.27 FEET PER SAID MAP NO. 4443)
TO A POINT ON A NON-TANGENT 330.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, SAID POINT BEING ON THE WESTERLY LINE OF REDWING STREET, AS SHOWN ON RECORD OF SURVEY RAP NO. 11477, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 11, 1988
AS FILE NO. 88-064933 OF OFFICIAL RECORDS, A RADIAL LINE TO SAID POINT BEARS NORTH 76O42'07" EAST (RECORD NORTH 76OO9'35" EAST PER SAID RECORD OF SURVEY MAP); THENCE ALONG SAID BOUNDARY, SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16O12'40", A DISTANCE OF 93.37 FEET (RECORD CENTRAL ANGLE OF 16O12'05", A DISTANCE OF 93.31 PER SAID RECORD OF SURVEY RAP) TO THE BEGINNING OF A REVERSE 25.00 FOOT RADIUS CURVE; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 81OO4'34" (RECORD 81°05'15" PER
SAID RECORD OF SURVEY RAP), A DISTANCE OF 35.38 FEET; THENCE SOUTH
38O25'59" EAST (RECORD SOUTH 38O57'15" EAST PER SAID RECORD OF SURVEY
MAPI I A DISTANCE OF 60.00 FEET; THENCE LEAVING SAID BOUNDARY OF REDWING STREET, CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY, SOUTH 51O32'36." WEST, 101.04 FEET (RECORD 51OO2'45" WEST, 100.93 FEET PER SAID RECORD OF SURVEY RAP), TO THE BEGINNING OF A NON-TANGENT (TANGENT PER SAID RECORD OF SURVEY MAP) 25.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS NORTH 38O30'08" WEST; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89O56'27", A DISTANCE OF 39.24 FEET (RECORD CENTRAL ANGLE OF 90°00'OO", A DISTANCE OF 39.27 FEET PER SAID RECORD OF SURVEY RAP); THENCE NON-TANGENT (RECORD TANGENT PER SAID RECORD OF SURVEY RAP) TO SAID CURVE SOUTH 38O25'45" EAST 110.54 FEET (RECORD SOUTH 38O57'15" EAST, 110.55 FEET PER SAID RECORD OF SURVEY RAP), TO
THE BEGINNING OF A NON-TANGENT (RECORD TANGENT PER SAID RECORD OF
PAGE 13
775
ORDER NO. 1074297-22
SURVEY MAP) 170.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 51O33'12" WEST (RECORD SOUTH 51OO2'45" WEST PER SAID RECORD OF SURVEY MAP); THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16O24'41", A DISTANCE OF 48.69 FEET (RECORD CENTRAL ANGLE OF 16O23'33", A DISTANCE OF 48.64 FEET PER SAID RECORD OF SURVEY MAP) THENCE NON-TANGENT (RECORD TANGENT PER SAID RECORD OF SURVEY MAP) TO SAID CURVE SOUTH 54O52'56" EAST, 49.99 FEET (RECORD SOUTH 55O20'48" EAST, 50.00 PER SAID RECORD OF SURVEY MAP) TO THE BEGINNING OF A NON-TANGENT (RECORD TANGENT PER SAID RECORD OF SURVEY MAP), 230.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 35O09'07" EAST (RECORD SOUTH 34O39'12" WEST PER SAID RECORD OF SURVEY MAP); THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE 45O40'18", A DISTANCE OF 183.34 FEET (RECORD CENTRAL ANGLE OF 45°40'03n, A DISTANCE OF 183.32 FEET PER SAID RECORD OF SURVEY MAP); THENCE NON-TANGENT (RECORD
TANGENT PER SAID RECORD OF SURVEY MAP) TO SAID CURVE SOUTH 9°10'51"
EAST, 164.96 FEET (RECORD SOUTH 9O40'45" EAST, 165.00 FEET PER SAID RECORD OF SURVEY MAP) TO THE BEGINNING OF A NON-TANGENT (RECORD
TANGENT PER SAID RECORD OF SURVEY MAP) 50.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 8OO44'53" EAST (RECORD NORTH 8OO19'15 n EAST PER SAID RECORD OF SURVEY
M-1 i THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 36O51'48" (RECORD 36O52'10" PER SAID.RECORD OF SURVEY MAP), A DISTANCE OF 32.17 FEET TO THE BEGINNING OF A REVERSE 50.00 FOOT RADIUS CURVE; THENCE SOUTHERLY AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 126O57'53", A DISTANCE OF 110.80 FEET (RECORD CENTRAL ANGLE OF 126O52'10", A DISTANCE OF 110.71 FEET PER SAID RECORD OF SURVEY MAP); THENCE NON-TANGENT TO SAID SOUTH 09°07'30" EAST (RECORD SOUTH 09°40'45n EAST PER SAID RECORD OF SURVEY MAP), 5.08 FEET; THENCE LEAVING SAID BOUNDARY OF RECORD OF SURVEY MAP NO. 11477 NORTH 89O22'21" WEST, 30.61 FEET (RECORD NORTH 89O55 WEST, 31.11 FEET PER QUITCLAIM DEED TO CAL 4189 JOINT VENTURE, ET AL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL
28, 1989 AS FILE NO. 89-224366 OF OFFICIAL RECORDS; THENCE LEAVING THE BOUNDARY OF SAID CAL 4189 VENTURE LAND, ALONG THE BOUNDARY OF THE LAND DESCRIBED IN DEED TO MICHIO HAGIO, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 25, 1988 AS FILE NO:880 135516 OF OFFICIAL RECORDS, NORTH 12O45'38" WEST (RECORD 100.00 FOOT RADIUS CURVE PER SAID DEED) 3.35 FEET TO THE NORTHEAST CORNER OF SAID HAG10 LAND; THENCE ALONG THE NORTHERLY LINE OF SAID HAG10 LAND, NORTH 88O57'59" WEST (RECORD NORTH 89O30'38" WEST PER SAID DEED), 107.24 FEET TO THE NORTHWEST CORNER THEREOF; THENCE ALONG THE WESTERLY LINE OF SAID LAND SOUTH 08O31'44" EAST (RECORD SOUTH 09O04'23" EAST PER SAID DEED) TO THE SOUTHWEST CORNER THEREOF; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND SOUTH 88O57'59" EAST (RECORD SOUTH 89O30'38" EAST PER SAID DEED), 137.89 FEET; THENCE LEAVING THE BOUNDARY OF SAID HAG10 LAND, ALONG THE BOUNDARY OF SAID CAL 4189 VENTURE LAND, SOUTH 25O56'21" EAST (RECORD SOUTH 26O29'00" EAST PER SAID QUITCLAIM DEED) 54.61 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID
PAGE 14
:. c
ORDER NO. 1074297-22
CURVE, THROUGH A CENTRAL ANGLE OF 20°44'OOn, A DISTANCE OF 36.19 FEET; THENCE TANGENT TO SAID CURVE SOUTH 5012'21n EAST, 301.37 FEET (RECORD SOUTH 05°45'OO" WEST, 303.34 FEET PER SAID QUITCLAIM DEED); THENCE SOUTH 89O27'59" EAST ( RECORD SOUTH 89°55'OO" EAST PER SAID QUITCLAIM DEED) 537.11 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID SECTION 19 AS SHOWN ON RECORD OF SURVEY MAP NO. 9182, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 28, 1982 AS FILE NO. 82-332144 OF OFFICIAL RECORDS. SAID POINT ALSO BEING POINT "A" OF THIS DESCRIPTION; THENCE ALONG SAID EASTERLY LINE SOUTH
OO"05'19n EAST (RECORD SOUTH OO"16'OOn EAST PER SAID RECORD OF SURVEY MAP NO. 9182) 57.44 FEET TO THE NORTHEAST CORNER OF SAID SECTION 30 AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 9182; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 30 SOUTH OO"15'45" WEST (RECORD SOUTH OO"05'33" WEST PER SAID RECORD OF SURVEY MAP NO. 9182) 1457.20 FEET
TO THE NORTHEASTERLY BOUNDARY OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS; THENCE ALONG SAID
NORTHEASTERLY BOUNDARY NORTH 35O25'44" WEST 1367.03 TO THE BEGINNING
OF A NONTANGENT (TANGENT PER SAID PARCEL MAP) 3200.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH
54O34'43" WEST (RECORD SOUTH 54°34'16n‘ WEST PER SAID PARCEL MAP); THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17O35'14" A DISTANCE OF 982.26 FEET; THENCE NONTANGENT (RECORD TANGENT PER SAID PARCEL MAP) TO SAID CURVE NORTH 17°50'05" WEST 849.30 FEET (RECORD NORTH 17°50'30n NORTHWEST 848.29 FEET PER SAID PARCEL MAP); THENCE LEAVING THE BOUNDARY OF SAID PARCEL MAP SOUTH 89047'3gn EAST 182.56 FEET; THENCE NORTH OO"05'38" EAST 49.66 TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "A" HEREIN ABOVE DESCRIBED THENCE NORTH 89O27'59" WEST 36.34 FEET; THENCE SOUTH OO"05'19" WEST 50.00 FEET. TO A POINT ON THE BOUNDARY OF THE LAND DESCRIBED IN QUITCLAIM DEED TO SAID CAL 4189 JOINT VENTURE LAND, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SAID JOINT VENTURE LAND SOUTH OO"32'01" WEST (RECORD SOUTH OO"05'OO" WEST PER SAID QUITCLAIM DEER) 400.00
FEET; THENCE NORTH 89O27'59" WEST 243.04 FEET (RECORD NORTH 89°55'00n WEST 235.00 FEET PER SAID QUITCLAIM DEED); THENCE NORTH OO"32'01" WEST (RECORD NORTH OO"05'OO" EAST PER SAID QUITCLAIM DEED) 210.00 FEET; THENCE NORTH 89O27'59" WEST (RECORD NORTH 89°55'OOn WEST PER
SAID QUITCLAIM DEED) 60.00 FEET; THENCE NORTH OO"32'Oln EAST (RECORD NORTH OO"05'OO" EAST PER SAID QUITCLAIM DEED 210.00 FEET); THENCE SOUTH 89027'5gn EAST (RECORD SOUTH 89O55'00 w EAST PER SAID QUITCLAIM
DEED) 283.04 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE EASTERLY AND SOUTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 90°00'00w A DISTANCE OF 31.42 FEET
TO THE TRUE POINT OF BEGINNING.
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2. 1
I . 777
ORDER NO. 1074297022
PARCEL 2:
AN EASEMENT FOR ROAD AND PIPELINE PURPOSES OVER, ALONG AND ACROSS THAT 30 FOOT STRIP OF LAND LYING SOUTHERLY OF THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN DEED TO BELL BROS., ITS WESTERLY PROLONGATION AND LYING EASTERLY OF THE EASTERLY BOUNDARY OF THE ABOVE LAND WHICH BEARS SOUTH 5°45'OO" EAST AND LYING WESTERLY OF ROAD SURVEY NO. 454.
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