HomeMy WebLinkAboutRMHP 96-01; Carlsbad Residents Association And Keh, Abraham; 1996-0351885; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
1 City Clerk
CITY OF CARLSBAD iJ 1200 Carlsbad Village Drive
CarIsbad, California 920081989
1528
-C 8-1996-0351885 lT-JUL-~1996 ,03=41 PM
OFF.ICM RECORDS SAN DIEGO ~COUNTY RECORDER’S OFFICE GREGORY Sy;Tilt! COUN;;E;ECORDER
;;i 19hD : 34. DO
IlF: 1.00
Space above this line for Recorder’s use
par&No. 168-050-23, 168-050-24, 209-060-03
enI+ q(&
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 23 day of APRIL
by and between CARLSBAD RESIDENTS ASSOCIATION AND ABRAHAM KEH
, 19%
(name of developer-owner)
a PARTNERSHIP , hereinafter referred to as “Developer” whose address
(corporation, partnership, etc.)
is 5200 EL CAMINO REAL CARLSBAD, CALIFORNIA 92008
(street) (city, state, zip code)
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, 920081989.
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
Form Approved
By City Council July 2, 1991
Reso # 91-194KJH
1 Form 17A
per Jane Mobaldi, Rev 0111 l/96
1529
WHEREAS, Developer proposed a development project as follows:
RANCH0 CARLSBAD COUNTRY CLUB ESTATES on said
Property, which development carries the proposed name of CARLSBAD RESIDNETS ASSOCIATION
ADN ABRAHAM KEH and is
hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 23 day of APRIL 7 1922fi,
with the City a request for RESIDENTIAT, MO-HOME PARK PERMTT
“Request”; and
hereinafter referred to as
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 not be approved (said element is on file with the City Clerk and
is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated
July 2,1991, on file with the City 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:
Form Approved
By City Council July 2, 1991
Reso # 91-194/KJH
Form 17A
per Jane Mobaldi, Rev 01/l I/96
. 1530
1. The Developer shall pay to the City a public facilities fee in an amount not to exceed
1.82% 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 Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing
building or structures into condominiums in an amount not to exceed 1.82% 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 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 $598 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 Titles 18, 20 or 21 of the Carlsbad Municipal Code.
2. The Developer may offer to donate a site or sites for public facilities in lieu of all or
part of the financial obligation agreed upon in Paragraph 1 above. If 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 City prior to the
issuance of any building or other permits. Such determination, when made, shall become 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.
Form Approval
By City Council July 2, 1991
Rcso # 91-194KJH
3 Form 17A
per Jane Mobaldi, Rev 0111 I/96
1531
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.
6. All 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 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
Form Approved
By City Council July 2, 1991
Reso # 91-194KJH
4 Form 17A
per Jane Mob&Ii, Rev 01/11/96
- 1532
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, 1991
Rcao # 91-194xJH
5 Form 17A
per Jane Mobddi, Rev 01111i96
.’ ’
c . .
1533
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-O T P “Lrn -0
CITY OF CARLSBAD, a municipal
romoration of the State of California @GVl~ L LL-\i q j%q-+y ---I-----=.
(Name of Developer)
Rv -Jr J
l&AR?% OR&+&
(signature)
(print name) -
?ia&q I (iQP%W-l n kr\ PA ” (title> &*/b(a XT D. .
(print name) .
@, R.Uf
&Lts tG=AJ
for City Manager -
ATTEST:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
c
BY
(Notarial acknowledgement of execution of DEVELOPER and OWNER 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.)
Form Approved
By City Council July 2, 1991
Reso X 91-194KlH
6 Form 17
per Jane Mobaldi. Rev 01/l 1196
r ..- 1
.
. n 1534
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
.-
On ,%%v A, / 446 before me, -2r~+ (;?< JL. Notary Public, personally
appeared ,6?hhrh? r&s .+-& >/&tih [ ] personally known to me - or [ ]
proved to me on the basis of satisfactory evidence to be the pers whose na@) is/t@
subscribed to the within instrument and acknowledged to me that he/she&&$executed the same in
his/her/&& authorized capacia‘and that by his/he@ signaturen the instrument the
perso the entity upon behalf of which the perso executed the instrument.
WITNESS my hand and official seal.
k-
<Signature of Notary)
Form Approved
By City Council July 2. 1991
Reso # 91-194KlH
Form 17
per Jane Mobaldi, Rev 01/l l/%
LEGAL DESCRIPTION - EX-HIBIT "A"
PARCEL 1: APN 209-060-06 1535
ALL THAT PORTION OF LOT B IN RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING To mp THEREOF NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,
1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT B AS SHOWN ON MAP OF RECORD OF
SURVEY NO. 517, RECORDS OF SAN DIEGO coUm-'y; THENCE SOUTH 00" 06' 00" EAST
ALONG THE WEST LINE OF SAID LOT AS SHOWN ON AFORESAID MAP, 1093.50 FEET; THENCE
SOUTH 87O 45' 00" EAST, 1133.00 FEET; THENCE SOUTH 130 12' 00" WEST 300.00 FEET;
THENCE SOUTH 81=' 29' 14" EAST, 485.00 FEET; THENCE NORTH 13O 35' 46" EAST,
950.00 FEET; THENCE NORTH 34=' 48' 58" EAST, 214.23 FEET; THENCE NORTH 13" 35'
46" EAST 400.00 FEET TO THE NORTHERLY LINE OF SAID LOT B; THENCE ALONG THE
NORTHERLY LINE OF SAID LOT, NORTH 89" 26' 35" WEST 1976.00 FEET TO THE POINT OF
BEGINNING.
PARCEL 2: PORTIONS OF APN'S 168-050-23 & 24
THAT PORTION OF LOT "E" OF RANCH0 AGUA HEDIONDA, PARTI,y IN THE CITY OF
CARLSBAD, AND PARTLY IN THE UNINCORPORATED AREA OF THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF No. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED
AS FOLLOWS:
BEGINNING AT CORNER NO. 1 OF SAID LOT "E" AS SAID CORNER IS SHOWN ON RECORD OF
SURVEY MAP NO. 6169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE TO AND ALONG THE CENTER LINE OF THE COUNTY ROAD KNOWN AS ROAD
SURVEY NO. 682, ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR
OF SAID COUNTY, NORTH 66O 36' 08" WEST (RECORD NORTH 660 57' 24" WEST) 1822.60
FEET TO THE MOST NORTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO JAKOB
WERSCHING, ET UX, RECORDED APRIL 10, 1968 AS FILE No. 59408 OF OFFICIAL RECORDS
AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHWESTERLY LINE OF SAID
LAND NORTH 29“ 58' 38" EAST (RECORD NORTH 290 37' 22" EAST) 1289.80 FEET TO THE
MOST NORTHERLY CORNER OF SAID WERSCHING LAND; THENCE SOUTH 66" 36' 08" EAST
500.00 FEET TO AN ANGLE POINT IN THE BOUNDARY OF LAND DESCRIBED UNDER PARCEL 1
OF QUIT CLAIM DEED TO THOMAS E. BURKE, RECORDED JUNE 16, 1967 AS FILE NO. 86380
OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY THEREOF, SOUTH 66O 36' 08" EAST
259.78 FEET; SOUTH 89O 00' 59" EAST (RECORD SOUTH 890 09' 42" EAST) 180.00 FEET
AND NORTH 56O 55' 40" EAST 180.11 FEET (RECORD NORTH 56" 21' 08" FAST 180.00
FEET) TO THE EASTERLY LINE OF SAID LOT "E" DISTANT THEREON NORTH O" 20' 40"
EAST 1664.64 FEET FROM CORNER NO. 1 OF SAID LOT "E"; THENCE ALONG SAID EASTERLY
LINE NORTH O" 12' 22" EAST 937.37 FEET (RECORD NORTH 00 15' 51gg EAST 937.31
FEET) TO CORNER NO. 13 OF SAID LOT "E"; THENCE ALONG THE SOUTHERLY LINE OF SAID
LOT "E" SOUTH 89O 30' 04" EAST (RECORD SOUTH 890 26' 35~ EAST) 783.26 FEET;,
THENCE NORTH 34O 44' 03" EAST 663.15 FEET To A 2 INCH IRON PIPE WITH COPPER
DISC MARKED RCE 6486; THENCE NORTH 15" 54' 25" WEST 630.45 FEET TO A POINT IN
THE SOUTHEASTERLY BOUNDARY OF LAND DESCRIBED IN DEED To OCEANSIDE-CARLSBAD HIGH
SCHOOL DISTRICT RECORDED NOVEMBER 27, 1970 AS FILE NO. 216959 OF OFFICIAL '
RECORDS; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY SOUTH 530 22' 17" WEST
1166.81 FEET To A 2 INCH IRON PIPE WITH COPPER DISC MARKED LS 2940 AS SAID PIPE
MGE 1 OF 3
%LEGAL DESCRIPTION - EXHIBIT "A" 1536
IS SHOWN ON RECORD OF SURVEY MAP No. 6616, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY; BEING ALSO AN ANGLE POINT IN THE BOUNDARY OF THE
LAND SHOWN ON RECORD OF SURVEY MAP NO. 6616, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY FORMED By THE COURSES "NORTH 510 47, 48" EAST
1165.49 FEET" AND "NORTH 4O 20' 50" EAST 963.88 FEET; THENCE ALONG SAID
BOUNDARY SOUTH 51" 47' 48" WEST 1165.45 FEET (RECORD 1165.79 FEET) AND SOUTH 48O
19' 29" WEST, 404.15 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID RECORD OF
SURVEY NO. 6616, THENCE CONTINUING ALONG SAID BOUNDARY AS FOLLOWS: SOUTH 65"
14' 32" WEST , 387.06 FEET; NORTH 77" 48' 20" WEST 635.06 FEET; SOUTH 65O 42' 27“
WEST 494.30 FEET; SOUTH 39O 44' 33" WEST, 339.77 FEET AND SOUTH 30° 46' 06" WEST
331.55 FEET TO THE CENTER LINE OF SAID ROAD SURVEY NO. 682; THENCE SOUTH 30°
46' 06" WEST TO THE SOUTHWESTERLY LINE OF SAID LOT "E"; THENCE SOUTH 66O 54'
57" EAST (RECORD SOUTH 67O 16' 13" EAST) TO THE SOUTHWESTERLY CORNER OF SAID
WERSCHING'S LAND; THENCE NORTH 29" 58' 38" EAST ALONG THE NORTHWESTERLY LINE
THEREOF, 10.06 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2A: PORTIONS OF APN'S 168-050-23 & 24
THAT PORTION OF LOT "E" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF
NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 1 OF SAID LOT "E" As SAID CORNER IS SHOWN ON RECORD OF
SURVEY MAP NO. 6169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE TO AND ALONG THE CENTER LINE OF THE COUNTY ROAD KNOWN As ROAD
SURVEY NO. 602, ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR
OF SAID COUNTY, NORTH 66O 36' 08" WEST (RECORD NORTH 660 57' 24" WEST) 1822.60
FEET TO THE MOST NORTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO JAICOB
WERSCHING, ET UX, RECORDED APRIL 10, 1968 AS FILE No. 59408 OF OFFICIAL
RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND NORTH 29O 58' 38"
(RECORD NORTH 290 37' 22") EAST 1289.80 FEET To THE MOST NORTHERLY CORNER OF
SAID WERSCHING LAND; THENCE SOUTH 66O 36' 08" EAST 500.00 FEET TO AN ANGLE
POINT IN THE BOUNDARY OF LAND DESCRIBED UNDER PARCEL 1 OF QUIT CLAIM DEED TO
THOMAS E. BURKE, RECORDED JUNE 16, 1967 As FILE NO. 86380 OF OFFICIAL RECORDS;
THENCE ALONG THE BOUNDARY THEREOF, SOUTH 660 36' 08" EAST 259.78 FEET; SoU'I'H 89“
00' 59" EAST (RECORD SouTH 890 09' 42" EAST) 180.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE RETRACING NORTH 89O 09' 42" WEST 180.00 FEET; NORTH 66' 36'
08" WEST 259.78 FEET; NORTH 66O 36' 08" WEST 500.00 FEET AND SOUTH 29O 37' 22"
WEST 1330.06 FEET To THE SOUTHWESTERLY LINE OF SAID LOT "E"; THENCE ALONG SAID
SOUTHWESTERLY LINE SOUTH 67" 16' 13" EAST (RECORD SOUTH 67" 10' 00" EAST)
1164.63 FEET; THENCE NORTH 23" 02' 36" EAST 33.62 FEET, MORE OR LESS, TO THE
MOST WESTERLY CORNER OF THAT PARCEL OF LAND CONVEYED TO CARROLL R. KELLY AND
WIFE, BY DEED RECORDED MAY 2, 1962 As FILE No. 75052 OF OFFICIAL RECORDS;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND NORTH 29O 37' 22" EAST (RECORD
NORTHEASTERLY) 1213.60 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT
" E " ; THENCE NORTHERLY ALONG SAID EASTERLY LINE 328.88 FEET TO A LINE WHICH
BEARS NORTH 56O 21' 08" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 56'
21' 08" WEST 180 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
EXCEPTING THAT PORTION LYING WITHIN A STRIP OF LAND 60 FEET WIDE EASTERLY AND
P&E 2 OF 3
-- L b=CRIi=‘T/&V
_-
‘E’xtf~lsl “4 a 1 1337
I SOUTHEASTERLY LINE OF SAID 60.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT CORNER NO. 1 OF SAID LOT "E" AS SAID CORNER IS SHOWN ON RECORD OF
SURVEY MAP NO. 6169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID LOT "E", NORTH 00,' 11' 00" WEST
1509.15 FEET AND NORTH 00“ 06' 00" WEST 155.43 FEET TO THE MOST NORTHERLY
CORNER OF THE LAND DESCRIBED IN DEED TO THOMAS E. BURKE, ET AL RECORDED AUGUST
4, 1965 AS FILE NO. 139037 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE ALONG THE BOUNDARY OF SAID LAND,
RETRACING ALONG THE EASTERLY LINE OF SAID LOT "E" SOUTH 00" 36' 06" EAST 155.43
FEET AND SOUTH OO" 11' 00" EAST 164.57 FEET TO AN ANGLE POINT IN THE BOUNDARY
OF SAID BURKE LAND; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 29“ 37' 22"
WEST 1213.60 FEET TO THE NORTHEASTERLY LINE OF ROAD SURVEY NO. 682.
THE SOUTHERLY TERMINUS OF THE NORTHWESTERLY LINE OF SAID 60.00 FOOT STRIP IS TO
BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE NORTHEASTERLY LINE OF SAID
ROAD SURVEY NO. 682.
PARCEL 2B: APN 209-060-03
A STRIP OF LAND 60.00 FEET WIDE LYING WITHIN LOT "E" OF THE 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, THE EASTERLY AND SOTJTHEAS TERLY LINE OF
SAID 60.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT CORNER NO. 1 OF SAID LOT "E" AS SAID CORNER IS SHOWN ON RECORD OF
SURVEY MAP NO. 6169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID LOT "E", NORTH OO" 11' 00" WEST,
1509.15 FEET AND NORTH OO" 06' 00" WEST 155.43 FEET TO THE MOST NORTHERLY
CORNER OF THE LAND DESCRIBED IN DEED TO THOMAS E. BURKE, ET AL, RECORDED AUGUST
4, 1965 AS FILE NO. 139037 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE ALONG THE BOUNDARY OF SAID LAND,
RETRACING ALONG THE EASTERLY LINE OF SAID LOT "E", SOUTH OO" 06' 00" EAST
155.43 FEET AND SOUTH OO" 11' 00" EAST 164.57 FEET TO AN ANGLE POINT IN THE
BOUNDARY OF SAID BURKE LAND; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 29'
17' 22" WEST 1213.60 FEET TO THE NORTHEASTERLY LINE OF ROAD SURVEY NO. 682.
THE SOUTHERLY TERMINUS OF THE NORTHWESTERLY LINE OF SAID 60.00 FOOT STRIP IS TO
BE PROLONGED SO AS TO TERMINATE IN THE NORTHEASTERLY LINE OF SAID ROAD SURVEY
NO. 682.
QAGE 3 OF 3