HomeMy WebLinkAbout1989-06-27; City Council; Resolution 89-216-. I/ a 9
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RESOLUTION NO. g7-2/47
~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A PARKS AGREEMENT BETWEEN AVgIARA LAND ASSOCIATES LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
4 WHEREAS, the City Council of the City of Carlsbad, California,
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Exhibit A, and part hereof , is approved. 8
Limited Partnership and the City of Carlsbad which is attached hereto as 7
1. That the Parks Agreement between Aviara Land Associates 6
does hereby resolve as fol1 ows:
9 2. That the Mayor of the City of Carlsbad is hereby authorized
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Carl sbad. 11
and directed to execute said agreement for and on behalf of the City of
12 PASSED, APPROVED AND ADOPTED at a regular meeting of the City
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-7 June 1989, by the following vote to wit: I*
Council of the City of Carlsbad, California, held on the 27th day of -
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I AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
I I~ATTEST: I
ALETHA L. RA
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PARK AGREEMENT
THIS PARK AGREEMENT (the vlAgreementvl) IS ENTERED INT
this First day of June , 1989, between the CITY OF CARLSBAD
a municipal corporation of the State of California (tlcityfl), an
' AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware Limitel Partnership, (qtOwner11), which parties agree as follows:
RECITALS
A. On July 1, 1986, the City Council adopted, as Ordinancl
9810, a Growth Management Program for the City of Carlsbad (Chapter 21.40 of the Carlsbad Municipal Code the "Programft) . Thc purpose of the Program is to insure that an adequate level o public facilities and services will be provided prior to 0: concurrently with development. The Program is based on a three, tiered planning approach. First, a Citywide Facilities anc Improvement Plan identifies buildout public facility need: ("Plantt). Second, a Local Facilities Management Plan for each 01
the City's twenty-five management zones shows how the development of these zones will comply with the plan ("Zone Plant1). Third, individual project approvals must include the public facilities
required by the Plan and the Zone Plan.
B. On September 23, 1986, the City Council adopted, Resolution No. 8797, approving the Plan. The City Council alsc adopted Resolution No. 8796 which established the specific public facility performance standards to be used in the implementation of
the Program.
C. On December 22, 1987, City Council adopted Resolution No.
9322, approving the Local Facilities Management Plan for Zone 1s ("Zone 19") and Ordinance No. 9839 approving MP 177 for 2
comprehensive Master Planned Community centered around a hotel, golf course and related uses on 1,402 acres of property general11 located north of La Costa Avenue between 1-5 and El Camino Real
( ltAviaraf1 ) .
D. Zone 19 identified certain public facilities such as parks which were below the adopted performance standard and could
not accommodate any new development. The Program requires that
parks conforming to the performance standard be guaranteed before development may occur. Aviara as well as other projects in Zone
19 cannot go forward until park facilities are brought into
conformance with the standard. City and Owner have agreed to work together to meet the zone plan standards.
E. Owner will dedicate 3.2 acres of land on behalf of other property owners in Zone 19 (IIGrowth Management Park") and will advance the financing for the construction of 15 acres of park to bring Aviara into compliance with the Program and Zone 19 and to give Owner the ability to build (so long as all public facility
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performance standards are met) at an earlier time than otherwise
possible under the City's financing program.
F. The City and Owner also intend that this Agreement will Satisfy Condition No. 31 of MP-177 relating to park land dedication
by the dedication of 21.05 acres of land ("Master plan Parkgl).
G. The dedication by Owner of the Master Plan Park is based upon an estimated Land Use Density Schedule approved by city and set forth on Page 20 of MP 177 and on the dedication requirement
of Chapter 20.44 of the Carlsbad Municipal Code ("Chapter 20.4411)
as they would apply to subdivisions within Aviara. Chapter 20.44
requires the dedication of land or the payment of fees in lieu thereof for park and recreational purposes as a condition of approval of the subdivision of land. Section 20.44.110 provides an alternate procedure for satisfaction of such obligations for planned communities by the identification of park land on a master
plan and its dedication as a part of the City's community planning process, rather than as a condition of any particular subdivision. City and Owner recognize that the development of Aviara will take place over a number of years and intend to arrange for the dedication of the Master Plan Park in advance of actual need in order to ensure that the Aviara community will receive the benefits of a coordinated park program and that the park will be constructed
by City so it can be available concurrent with need. Master Plan
177 invokes this alternate procedure, and City and Owner intend to implement it in this Agreement. In order to accomplish these purposes, Owner will make the dedication in advance of the requirements of any individual subdivision. The amount of land so dedicated will be maintained on account by the City to be drawn
upon in satisfaction of the park obligations of subsequent
subdivisions within Aviara.
NOW, THEREFORE, incorporating the recitals of facts set forth
above and in consideration of the mutual covenants herein
contained, the parties agree as follows:
1. Aqreement to Dedicate. Owner agrees to dedicate to the City, for public park purposes, 24.25 acres of real property
more specifically described in Exhibit "A" attached hereto and made
a part hereof (the "park land"), together with all necessary construction and access easements for the park land as identified in Exhibit I8Bgi attached hereto and made a part hereof (the llconstruction access easements1#). The dedication of the park land
and construction access easements shall occur upon the recordation
of the first final map of property owned by Owner in Zone 19. Such property is identified in Exhibit rtC1f attached hereto and made a part hereof (the I1Property1l) . Upon notification by City, Owner
will also construct an "all weather" graded dirt road to provide
access to the park land over the construction access easement. When City advertises for bids to construct the park, Owner will dedicate an easement' for public access over and improve to City
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standards a two lane paved road to correspond with the opening 0'
the park as determined by the City Engineer for public access fro] the park land to a City street (the 'Ipublic access easement") Upon Owner's dedication of the public access easement, City wil, quitclaim to Owner the construction access easement or any portio]
thereof which is not included within the public access easement
Dedications shall be in a form acceptable to the City Attorney
free of all liens and encumbrances and be delivered with a polic:
of title insurance at no cost to city.
2. Advance Fundins of Park Improvements. Owner agree! to advance to City the sum of One Million Seven Hundred Twenty-Five Thousand Dollars ($1,725,000.00) for the construction 0: improvements upon 15 acres of the park land by delivering to Cit; a letter of credit in that amount (the "Letter of Credit"). The Letter of Credit in a form acceptable to the City Attorney shal: be issued by a financial institution acceptable to Cityls Financc Director and shall be delivered to City prior to the City Council': approval of this agreement. The obligations under the letter 0: credit shall be effective upon the City Council's approval of thc
final map for CT 85-35.
City shall provide Owner with a funding schedule for the construction of park improvements on the park land not later thal
90 days prior to the date when City will require funds. Owne: shall provide cash to City as required by the funding schedule 01 the date due. If Owner fails to provide funds as required by saic schedule, then City has the right to enforce the obligation agains.
the Letter of Credit. If construction funds are paid out of the Letter of Credit, City shall concurrently give such notices a! necessary in order to reduce the Letter of Credit by the amoun' paid. City agrees not to make any call for funds prior to Januar]
1, 1991.
3. Construction of Park Improvements. The City agree:
to use its best efforts to construct the park improvements il accordance with the Program, the Plan and Zone 19. In the even1 Owner advances funds in connection with such construction, Cit] agrees that the letter of credit may be reduced by an amouni equivalent to the funds so advanced, and City shall execute an!
further documents necessary to so reduce the letter of credit.
4. City's Repayment of Advance Fundinq. City agree! to reimburse Owner for the advance funding in the amount 0:
$1,725,000. The City shall begin repaying Owner in the amount 0:
$175,250 per year commencing on July 1, 1998 and continuin! thereafter in equal installments on July 1 of each year through an(
including July 1, 2007. No interest shall be due or paid on tht City's obligation to reimburse Owner. City will make thesf payments from public facilities fees collected from development: in the City beginning July 1, 1997. The city's general fund is no1 obligated for these payments. If the amount of such fees collectec
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is not enough to make the payments then the July 1, 2007 date wil be extended to complete owner's reimbursement. The City i budgeting Public Facility Fee funds will first cover any long ter
debt obligations, second other reimbursement agreements outstandin. on the date of this agreement and then owners' reimbursement.
5. Park Dedication Credits. Chapter 20.44 provides , formula to calculate the amount of land to be dedicated by
subdivider for park purposes. The existing standard for cornputin
said formula is based on 3.0 acres of land for each projected on thousand (1,000) persons residing in the subdivision. Thi standard may be adjusted by the City in accordance with the norma.
procedures for the amendment of the Municipal Code.
The dedication of the Master Plan Park land by Owner, pursuan' to this agreement, shall first be credited against the requiremen. for the subdivision which is the occasion of such dedication il satisfaction of that subdivision's requirement under Chapter 20.4d as it exists at the time of final map approval. The amount of lanc in excess of said requirement shall constitute a credit in favo;
of Owner to be held on account by City in reserve to be drawn upor
in satisfaction of the park dedication obligation of subsequent
subdivisions of the property as hereinafter provided. Owner wit1 the approval of City, may use any available credits to satisfy ar equal amount of park dedication requirements, as requires b] Chapter 20.44 for other residential subdivisions subsequent11 approved in Aviara. Said credits shall be on an acre for acrc
basis, the parties having agreed that each acre in Aviara is equal
in value for such purposes.
If the City Council determines that dedication of pubic park
land in addition to the site identified on Master Plan MP 177 is
necessary, the city Council may, in accordance with Chapter 20.44
require such dedication or, in lieu thereof, require park fees tc be paid. If sufficient credit exists in favor of Owner to satisfq the obligation of a subdivision, the City may elect to satisfy it
by a deduction from the available credit- In the event there is no, or insufficient credit available to satisfy the obligation or in the event City determines to reserve such credit for future
subdivisions, as a condition of the approval of any tentative map and prior to the approval of the final map, Owner shall satisfy the requirements of Chapter 20.44 for that subdivision by making the
required dedication or paying the required fees in lieu thereof as
the City Council may determine-
In the event the dedication of land pursuant to this agreement is insufficient to satisfy the requirements of Chapter 20.44 for
a future subdivision within Aviara, the City shall require
additional dedication or payment of fees to satisfy this condition.
If Aviara builds out at a lower density than estimated, the Master Plan Park land dedicated pursuant to this agreement shall remain with the City at no cost.
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Any subdivider within Aviara wanting a credit shall b4 required to obtain a letter from Owner and present it to city
authorizing the use of the credit equal to the park land dedicatio
or fee requirements of the subdivider pursuant to Chapter 20.44 a the time the final map is being processed. In no case shall cit approve a final map within Aviara unless this has occurred an sufficient park land is available to meet the subdivider requirements or the subdivider otherwise satisfies the requirement of Chapter 20.44, City shall be entitled to rely on such a lette. and Owner shall defend, indemnify and hold City harmless in an:
dispute with a subdivider concerning this agreement.
6. Park Oblisation Statement. City shall maintain i
IID1' and it shall be completed and presented to the City Counci. prior to final map approval of any subdivisions within Aviara i; order to provide an accounting of subdivision park obligations credits, and remaining park acreage. Concurrently with thc
processing of a final map for a residential subdivision in Aviara City shall prepare and make available to Owner a statemen. regarding the parks obligation for that subdivision. The statemen, shall include: (1) the amount of land required as determined b) City in accordance with Chapter 20.44 as it exists at that time;
(2) the amount of credit, if any, already on account: (3) thc balance due or credit remaining, as the case may be, on account fol
future subdivisions.
Park Credit Accounting Ledger which is attached hereto as Exhibi.
7. Lack of DeveloDment. If development within Aviari
does not go forward, or approvals for development are revoked, 01 this agreement otherwise is terminated before buildout of Aviara, title to any land dedicated shall remain in City: provided, however, that City shall not use the property for any purpose othel than those permitted in MP 177 or any amendments the City Counci: through public hearing process may make thereto. The remainin! balance of any credits not utilized shall remain on account anc
shall be available to satisfy the parks requirements, which mal
apply to any future development of the property within Aviara.
8. Permits and Awrovals. The City shall obtain, at
its sole cost and expense, any necessary permits and approvals
pertaining to the construction and improvements upon the park lanc or associated easements, including without limitation any necessarq
permits from the California Coastal Commission.
9, RePaYment for Growth Manacrement Park. City agrees
to reimburse Owner in the amount of three hundred thirty twc thousand five hundred dollars ($332,500) for Owner's dedication of the growth management park. No interest is due or will be paid on
City's reimbursement obligation. City will satisfy its obligation by repaying Owner each year commencing on July 1, 1990, the park- in-lieu fees paid by property owners subdividing land outside Aviara within Zone 19 during that year until owner has received a
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total of $332,500. Any fees collected by City in excess of tha amount will be retained by City. At build out of Zone 19 if Owne
has received less than $332,500 City shall repay Owner up to tha amount when the City Council in its sole discretion determines tha
funds are available in City's capital improvement budget for tha
purpose.
10. Securitv Interest. City hereby acknowledges tha Owner has assigned all its rights, title and interest in and t this Agreement to First Interstate Bank of California, a Californi
corporation ( "Banknv) pursuant to that certain Security Agreemen dated December 20, 1988 (1rAssignment1f) executed by Owner in fava
of Bank. The Assignment was executed in connection with tha certain loan from Bank to Owner in the amount of One Hundre Twenty-Five Million Dollars (125,000,000.00) secured by a Deed o Trust recorded in the Office of the County Recorder of San Dieg
County on December 20, 1988 as Instrument No. 88-661636. If Owne defaults under any of the documents executed by Owner in connectio with the Loan, and if Bank forecloses upon the property secured b the above-referenced Deed of Trust, then Bank shall be entitled t
all of Owner's rights and benefits under this Agreement provide that Bank is performing all Owner's obligations and dutie hereunder. City shall be entitled to rely on written notice fro bank that bank is entitled to exercise Owner's rights under thi agreement. Owner shall indemnify and hold City harmless from an actions taken by City in response to such notice.
11. Nonliabilitv and Indemnity. Following Owner'
dedication of the park land and the easements to the City, Owne shall not be liable for injury to any persons or damage to an property occurring on the park land or the easement, except fo injury resulting from the negligence of Owner. City shal indemnify, defend and hold harmless Owner from and against any an
all claims arising from or relating to any use of the park land o the easement by any person or party, including without limitatio the City, its agents, employees or independent contractors.
12. Entire Asreement. This Agreement shall constitut the entire agreement between the parties with respect to th subject matter hereof, superseding all negotiations, prio
discussions, preliminary agreements or understandings, written o
oral.
13. Successors and Assisns. This Agreement shall inur to the benefit of, and shall be binding upon, the assigns successors in interest, personal representatives, heirs an1
legatees of the parties hereto. Owner shall not assign its right under this agreement without the prior written approval by Cit: which shall not be unreasonably withheld.
14. Payments to Owner - Notice. Any payments by th, City to Owner hereunder shall be made payable to Aviara Lani
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Associates Limited Partnership and shall be forwarded to tk
following address, or to such other address as Owner specifies j
writing to the City Manager: c/o Hillman Properties West, Inc.
2011 Palomar Airport Road, Suite 206, Carlsbad, California, 92005
Attention: Mr. D. L. Clemens. The Owner shall notify the City j
writing each year prior to July 1 identifying to whom and whel
annual payments shall be made and the name of the person authorizc to approve use of any credits on behalf of Owner. Any payments dt to the Owner from the City shall not be made or credits give
unless such notification has been received.
15. Effective Date. This Agreement shall be effectiv
upon its approval by the City Council and executed by the Mayor c
City.
IN WITNESS WHEREOF, the parties hereto have executed thi Agreement on the day and year first above written.
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware
Limited Partnership
Ted L. Hoover, Vice Pres./Asst.
Ted L. Hoover, Vice Pres./Asst.
(Appropriate notarial acknowledgment must be attached).
CITY OF CARLSBAD, a municipa corporation of the State o
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STATE OF CALIFORNIA I I
COUNTY OF San Diego I I
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On June 21. 1989 before me, the undersigned, a Notary Public in and for s
State, personally appeared D.L. Clemens, personally known to me or proved to me the basis of satisfactory evidence to be the person who executed the within instruml as the Vice President and Ted L. Hoover personally known to me or proved to me
the basis of satisfactory evidence to be the person who executed the within instrum!
as the Vice President/Asst. Secty. of Aviara Land Company, a Delaware corporation, corporation that executed the within instrument on behalf of Aviara Land Associa
Limited Partnership, a Delaware Limited Partnership, the partnership that executed
within instrument, and acknowledged to me that such corporation executed the same such partner and that such partnership executed the same.
WITNESS my hand and official seal.
(Seal)
.._ . / &/(<hKkY 4 , . hL7&
NOTaY PUBLIC
STATE OF CALIFORNIA
COUNTY OF San Diego
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On June 21. 1989 before me, the undersigned, a Notary Public in and for sz
State, personally appeared D.L. Clemens, personally known to me or proved to me
the basis of satisfactory evidence to be the person who executed the within instrumc as the Vice President, and Ted L. Hoover, personally known to me or proved to me the basis of satisfactory evidence to be the person who executed the within instrumc
as the Vice President/Asst. Secty. of Republic Development Company, a Califor1
corporation, the corporation that executed the within instrument on behalf of Aviz
Land Associated Limited Partnership, a Delaware Limited Partnership, the partnersk
that executed the within instrument, and acknowledged to me that such corporati
executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
(Seal)
~-~~ ~~ OFFICIAL SEAL
NOTARY PUBLIMALIFORWU PRINCIPAL GfFlM IN SAN DIEGO XHJNTY WWEUSl&3.1S¶
KATHLEEN A. ARNOLD
NO'T~RY fL?d(/A (7 ,/' . l&,, PUBLIC
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EXHIBITIIAII
LEGAL DESCRIPTION PARCEL"A"
(PARK SITE)
That portion of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plat
thereof as shown on Record of Survey No.10774, recorded
October 30,1986 as file no. 86-494180, being more particularly described as follows:
Commencing at the southeast corner of said' Section 22; thence along the easterly line of said Section 22, North 00"33'25tt
East, 1634.46 feet to the TRUE POINT OF BEGINNING ; thence
leaving said easterly line, South 89"46'56tt West,678.27 feet; thence South 44"18806tt West,124.45 feet; thence South
89"18'06tt West,566.00 feet; thence North 19"52'40t1 East,92.87 feet; thence North 45"1O'2ltt West,54.44 feet; thence North 13°28'04tt East,60.92 feet: thence North 0O022'4Ott West,320.06 feet; thence North 12"18'081t West,92.73 feet; thence North
50"59'09tt East,201.72 feet; thence North 14"03'08tt West, 251.61 feet to a point on the northerly line of said Record of Survey No.10774 thence South 89"28'30t1 East,322.59 feet; thence leaving said northerly line South 0O"43'0Ott East,121.77 feet; thence South 49"41'33tt West,50.16 feet; thence South 10°13'08t1 West,45.76 feet; thence South 34"3O'47lt East,34.62 feet: thence South 62"22'17tt East,25.68 feet; thence South 19"35'24tt West,109.22 feet; thence North 75°32'32t1 East,110.78 feet; thence North 35°50'10tt East,100.96 feet; thence South 82"53'54" East,31.50 feet; thence North 56°01'4411 East,225.45 feet: thence North
43"54'35tt East,93.91 feet; thence North 73°18'15tt East,133.63
feet to a point on the northerly line of said Record of Survey No.10774, thence along said northerly line, South
89"28'30tt East,135.92 feet: thence leaving said northerly
line South 52"45'54It East,325.96 feet to a point on the
easterly line of said Section 22; thence along said easterly line,South 00°33'25tt West,661.79 feet to the TRUE POINT OF BEGINNING.
The hereinabove described parcel of land contains 24.250 acres.
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I 24.250 ACRES I
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TPOB /
R OF S 20774
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T12S R4W SBM
L IN€ TABLE
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Line Bearing Distance
L1 N19'52 '40 "E 92.87 ' L2 N45'10 '21 "W 54.44 I L3 N13'28 '04 "E 60.92 ' L4 NO0 ' 22 ' 40 "W 320-06 ' L5 N12'18 '08 "W 92.73 ' L6 N50'59 '09"E 201.72 ' L7 N14'03'08 "W 251.61 ' La 1'489'28 '30 "W 322.59 ' L9 N00'43 '00"W 121.77' L 10 N49'41 '33 "E 50.16 ' L 11 N10'13'08"E 45.76 ' L 12 N34'30 '47 "W 34.62 ' L 13 N62 '22 '1 7"W 25.68 ' L 14 N19'35'24 "E 109.22' L 15 N75'32 '32 "E 110.78' L 16 N35'50'IO"E 100.96 ' L 17 N82 '53 '54 "W 31.50' L 18 N56 ' 01 '44 "E 225.45 ' L 19 N43'54 '35 "E 93.91 ' L 20 12173'18 '15"E 133.63 ' L 21 N89'28 '30 "W 135.92 ' L 22 N52 ' 45 '54 "W 325.96 '
Number
SCA L
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E 1 "=200 '
PLA T TO IL LUSTRA TE LEGAL DESCRIPTIC FOR PARK SITE
ENGfNEER OF WORK:
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R.C.E. 3 2757
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EXHIBIT "B"
LEGAL DESCRIPTION
Those portions of Sections 22,26 and 27, Township 12 South Range 4 West, San Bernardino Meridian, in the City o
Carlsbad, County of San Diego, State of California, accordin
to official plat thereof as shown on Record of Survey nc
10774, recorded October 30, 1986 as file no. 86-494180, beir more particularly described as follows:
PARCEL1Vi11 (Access and Public Utility Easement)
Being a strip of land 30.00 feet in width lying 15.00 feet o each side of the following described centerline:
Commencing at the southeast corner of said Section 22; thenc
along the easterly line of said section 22, North 00'33,25
East,1634.46 feet; thence leaving said easterly line, Sout
89'46'56'l West,678.27 feet; thence South 44'18,06 West,124.45 feet; thence South 89'18t0611 West, 67.26 feet t the TRUE POINT OF BEGINNING; thence South 03'50'09
West,891.86 feet to the beginning of tangent 300.00 foo radius curve concave Northeasterly; thence Southeasterl.
along the arc of said curve through a central angle o 42"53'5211 a distance of 224.61 feet; thence South 39'03,43 East,523.58 feet to the beginning of a tangent 500.00 foo. radius curve concave Northeasterly; thence Southeasterl:
along the arc of said curve through a central angle o
08'18'0211 a distance of 72.44 feet; thence South 47'21,45
East,373.21 feet to the beginning of a tangent 300.00 foo. radius curve concave Southwesterly; thence Southeasterl: along the arc of said curve through a central angle 0.
46'39'2311 a distance of 244.29 feet; thence South 00'42f22'
East,748.70 feet to the beginning of a tangent 1000.00 food
radius curve concave Westerly: thence Southerly along the arl
of said curve through a central angle of 08*59'5711 a distancl of 157.07 feet; thence South 08'17J3511 We~t~122.59 feet to i
point of terminus, said point also being hereinafter referrec to as Point1IA1l.
The sidelines of said 30.00 foot wide strip of land to bc
shortened or extended so as to terminate in a line that bears
South 89*18/0611 West through the true point of beginning.
PARCEL1lB1l (Access and Public Utility Easement)
Beginning at the hereinabove described PointllA1l; thence Soutk
81'42/25It East,15.00 feet; thence South 04'51J521t East,92.7€ feet to the beginning of a non-tangent 670.00 foot radius curve concave Easterly, a radial line to said point bear:
North 89'27'2211 West; thence Southerly along the arc of saic
curve through a central angle of 12'09, 59" a distance of
142.27 feet; thence South 11'37f2111 Ea~t~140.59 feet to thc beginning of a tangent 1180.00 foot radius curve concave
Westerly; thence Southerly along the arc of said curve
through a central angle of 10'54t5911 a distance of 224.82 feet: thence South 00'42t2211 East,24.22 feet; thence South
89'17'3811 We~t~30.00 feet to a point hereinafter referred to as PointItBt1; thence continuing South 89'17'3811 West, 15.00
sheet 1 of 2 c *Q,
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EXHIBIT "B"
LEGAL DESCRIPTION
feet; thence North 00'42/22tt West,24.22 feet to the beginnin
of a tangent 1135.00 foot radius curve concave Westerly thence Northerly along the arc of said curve through
central angle of 10*54t59tt a distance of 216.25 feet: thenc
North 11'37/2111 West,140.59 feet to the beginning of tangent 715.00 foot radius curve concave Easterly; thenc Northerly along the arc of said curve through a central angl
of 19'54'561t a distance of 248.53 feet; thence radial to sai curve South 81*42'25t1 East,15.00 feet to the Point o Beginning.
PARCEXII~C~~ (Access and Public Utility Easement)
Being a strip of land 60.00 feet wide lying 30.00 feet 01 each side of the following described centerline:
Beginning at the hereinabove described PointllBtl; thence Soutl
00'42'221t East,179.77 feet to the beginning of a tangen?
350.00 foot radius curve concave Northeasterly; thencc Southeasterly along the arc of said curve through a centra: angle of 55'13/38" a distance of 337.36 feet; thence Soutl
55'56'0011 East,416.30 feet to the beginning of a tangeni
400.00 foot radius curve concave Southwesterly; thenct Southeasterly along the arc of said curve through a centra: angle of 09*46/001t a distance of 68.18 feet; thence Soutl
46*1OfOOt1 East,114.83 feet to the point of terminus sair point being on the Northerly Right-of-way of future Alg; Road.
The sidelines of said 60.00 foot wide strip of land to bc shortened or extended so as to terminate in the arc of 2
1151.00 foot radius cume concave Southeasterly, a radial line to said point of terminus bears North 46*10'0Ot1 West.
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