HomeMy WebLinkAboutNB 5 NB 5 CONST OF RD 08-15-88TO: William Huston, City Manaler
FROM: Public Works Department/Engineering Division
·
SUBJECT: '/~WARD OF CONTRACT FOR CONSTRUCTION OF JAMBOREE ROAD BETWEEN
TUSTIN RANCH ROAD AND CHAPMAN' AVENUE (NJ~q~), PHASE I
~ . ,
· :' RECOMMENDA'T I ON:
It is recommended that the City Council'
1. Award a contract to E. L. Yeager Construction Co. £or the'
above re£erenced project in the amount o£ $5,869,884.00.
2. Approve a Construction Easement Agreement with The Irvine
Company for the project.
BACKGROUND-
Bids were ·opened at.' 11:00 AM today' for this project and four bids
were received as follows:
E. L. Yeager Construction Co,
Riverside
$.5,869,884.00
C. W. Poss,. Inc.
Anaheim
7,270,087', SO
Tutor- Saliba Corporation
Sylmar
7,377,8S4.00
Colich and Sons (JV)
Gardena
7,894,257.00
The low bid bv E. L. Yeager Co.nStruction Co. is 8.7% under the
Engineer's Esiimate of $6,426,088. This project is financed with
assessment district funds from the ~Cities of Tustin and Orange.
The Irvine Company has provided the necessary right of. way. for this
project at no cost. A construction easement will provide added
area for the contractor to work adjacent to the roadway. An agree-
ment covering this easement has been reviewed by this office and the
City Attorney and is ready for Council action.
~°n~neUe~r in~° ~V~c e s Manager
WHEN RECORDED RE. ~ TO:
city of Tustin
300 Centennial Way
Tustin, CA
Attention: City Engineer
Location: Cities of
Tustin and Orange
California
CONSTRUCTION EASEMENT AGREEMENT
This CONSTRUCTION EASEMENT AGREEMENT is made as
of , 1988, by and between THE IRVINE COMPANY, a
Mich~ga4- Corporation ("IRVINE"), and the City of Tustin, a
California municipal corporation ("Grantee") .
RECITALS
A. Irvine is the fee owner of certain real property
located in the Cities of Tustin and Orange, State of California
(the "Property" ) .
B. Grantee wishes to construct certain road
improvements over the Property in accordance with the provisions
of that "Agreement for Improvement of Jamboree Road Between
Irvine Boulevard and Existing Chapman Avenue" dated July 7, 1988
(the "Jamboree Road Agreement"), between Irvine, Grantee and the
City of Orange.
AGREEMENT
For valuable consideration the parties agree as
follows:
1. Grant of Easement.
(a) Easement. Irvine hereby grants to Grantee a
nonexclusive, nontransferable easement in gross ("Easement")
over, under and and across that portion of the Property
described on Exhibit "A" and depicted on Exhibit B ("Easement
Area") for the purpose of (i) construction, installing,
maintaining and repairing permanent roadway improvements for
Jamboree Road under the plans approved for such roadway under
the Jamboree Road Agreement (the "Jamboree Road Improvements"),
(ii) vehicular and pedestrian ingress to and egress over
Irvine's Property to the Easement Area, as from time to time
directed by Irvine orally or in writing, and (iii) the doing of
such other things as are authorized or required to be done over
the Easement Area or any portion thereof by Grantee pursuant to
the other provisions of this Agreement.
Page 1
A002
(b) Character of Easement. =.~,e Easement granted
to Grantee is:
(i) Limited to Use by Grantee. The Easement
shall be specifically limited to use by Grantee and its
invitees, employees and agents, and the Easement Area shall not
be open for use by the general public.~or shall Grantee
encourage or allow use of the Easement Area by the general
public.
(ii) Nonexclusive. Irvine retains the right
to use and to grant to others the nonexclusive right to use the'
Easement Area for all lawful purposes so long as such uses, or
any of them, do not unreasonably interfere with the exercise by
Grantee of the Easement granted to it herein. Such rights shall
include, without limitation, the right to convey an easement to
the East Orange County Water District for relocation of its two
relocated water lines serving the filtration plant east of
Jamboree Road (as provided in Section 5 of the Jamboree Road
Agreement), the right to construct, relocate, maintain and use
ruadways, pipelines and utilities on, in, under, across or along
the Easement Area; the right to require persons using the
Easement to show identification to establish the legitimacy of
their use; and the right to refuse permission to pass over the
Easement Area to persons who are, in the reasonable opinion of
Irvine or its representatives, unable to establish their right
to use the Easement.
(iii) An Easement in Gross. The Easement is
an easement in gross and is personal to Grantee.
nontransferable.
(iv)
Nontransferable. The Easement is
(v) Limited to the Easement Area. Except as
specifically set forth in Paragraph 1 (a) above, nothing
contained herein shall be deemed or construed to grant to
Grantee any rights in or to any portion of .the Property other
than the Easement area.
(vi) Subject to Existinq Conditions. The
Easement is subject to all easements, covenants, conditions,
restrictions, reservations, rights and rights-of-way, of record
and apparent or of which Grantee has actual notice; and to
Irvine's use of the Property, including without limitation, its
farming and agricultural operations and activities thereon, with
which Grantee shall not interfere.
2. Construction of Roadway ImDrovements.
(a) Irvine's Approval of Plans. As set forth in
Section 1 above, Grantee shall construct the roadway within the
Easement Area. Irvine has previously approved the plans and
specifications ("plans") for the construction of the Jamboree
Page 2
Road Improvemen', No further approvals ~. ~ Irvine are
necessary unless the plans are to be modified or amended. In
such event, Grantee shall submit to Irvine for approval the
proposed modification or amendment of the plans
("modification"). The approval of Irvine with respect to such
modification shall not-be unreasonably withheld or delayed and
shall be deemed given if written notice of disapproval
specifying objections-to same is not given within 15 working
days after receipt of the proposed modification. Approval by
Irvine shall be evidenced by Irvine's initialing and returning
to Grantee one copy of such modification. If Irvine shall
disapprove of the modification, both parties shall meet and
agree upon such changes as shall be necessary to obtain the
concurrence of both parties. After a mutually satisfactory
modification is agreed upon, no changes shall be made thereto
without the prior written consent of Irvine, obtained as
provided in this paragraph.
(b) Standards for Construction. Ail construction
to be performed pursuant to this Section 2 shall be in ,~
accordance with the following:
·
(i) Ail construction shall be in accordance
with all applicable requirements of all governmental authorities
having jurisdiction and the provisions .of the Jamboree Road
Agreement.
(ii) Ail construction shall be of first-class
quality as to materials and workmanship and shall comply with
the approved plans.
(iii) Ail materials and equipment used in the
construction work shall be stored or stockpiled solely on the
Easement Area.
(iv) Irvine shall not have any responsibility
whatsoever for the construction of any improvements as hereby
permitted and required. All responsibility for the performance
of such work and conformity of such work to the approved plans
and to the requirements of all governmental authorities having
jurisdiction shall rest solely with Grantee.
(v) Grantee shall notify Irvine in writing
not less than. 5 business days prior to the date Grantee
commences its work pursuant to this Section, and Irvine shall
have the right to post and maintain notices of nonresponsibility
adjacent to the Easement Area in locations which do not
materially interfere with Grantee's work pursuant to this
Section. Upon completion of the work, Grantee shall promptly
record a notice of completion with the County Recorder of Orange
County and shall pay all claims for labor and material which
could become a lien upon the Property or any portion thereof.
Grantee shall indemnify, defend and hold harmless Irvine from
and against any and all such liens, lien claims, damages, costs
and expenses, including attorneys' fees and costs of defense,
Page 3
incurred by Irvi arising out of or resul~ ! from the work
performed by Gran=ee pursuant to this Section. Payment shall
not be a condition precedent to recovery under the foregoing
indemnity.
3. Maintenance Obliqations.
..
(a) Maintenance and ReDair.s..Ail maintenance and'
repairs, whether ordinary or extraordinary, capital or expense
in nature, major or minor, of the Easement Area and of all
improvements constructed or installed thereon by Grantee shall
be performed by Grantee at the sole cost and expense of Grantee,
acting by, through and on behalf of Assessment District 86-2.
Ail maintenance and repairs shall be performed in such manner
and at such intervals as shall be required at all times to
maintain the Easement Area and such improvements in a
first-class condition. Without limiting the generality of the
foregoing, all rubbish, trash, garbage and other waste shall be
regularly removed from the Easement Area by Grantee and shall
not be allowed to accumulate thereon. No rubbish, trash,
garbage, refuse, debris, equipment or materials of any kind
shall be placed or abandoned by Grantee on the Easement Area.
Grantee shall indemnify, defend and hold harmless Irvine from
and against any and all liens, lien claims, damages, costs and
expenses, including attorneys' fees and costs of defense,
incurred by Irvine arising out of or resulting from the work to
'be performed by Grantee pursuant hereto, including without
limitation, the use of portions of the Property for access to
the Easement Area. Payment shall not be a condition precedent
to recovery under the foregoing indemnity.
(b) Permits. Grantee shall obtain, at its own
expense, all necessary permits and authorizations of whatever
nature from any and all governmental authorities with
jurisdiction concerning the use of the Easement Area by
Grantee. Grantee and its invitees, employees and agents shall
comply with all applicable governmental laws, regulations and
rules with respect to the use of the Easement Area.
(c) Gates. Grantee agrees that Irvine shall have
the right from time to time and at any time to require that
locked gates be maintained across any road located on the
Easement Area at such location or locations as deemed necessary
or desirable in the sole discretion of Irvine. In such event,
the gates and locks on the gates shall be purchased, installed,
maintained and repaired by Grantee at its sole cost and
expense. Both Grantee and Irvine shall be given keys, padlock
combinations or such other equipment or information as necessary
to unlock the gates, and both parties shall keep the gates
closed and locked when not in use.
4. Term. The term of this Easement Agreement shall be
from the date of recordation of this Agreement to and until the
first to occur of:
Page 4
(a)~ ompletion of the Jambor~ .(oad Improvements
and acceptance thereof by the applicable parties under the
Jamboree Road Agreement;
any reason;
(b)
Termination of the Jamboree Road Agreement for
(c) Use of the Easement for any purpose not
expressly permitted herein where such unpermitted use is not
cured within 10 days of written notice thereof from Irvine; or
(d) Cessation of the use of the Easement for a
period of 12 consecutive months, unless written notice is given
to Irvine prior to the termination of such period, of the reason
for such suspension of use and of an intention to resume such
use.
Upon termination of this Easement Agreement as provided above,
Grantee shall promptly execute and deliver to Irvine and/or the
District, in recordable form, such quitclaims or releases~as may
be necessary or desirable to confirm or effect such termination
ahd to relinquish any rights or claim of Grantee to the Easement
Area, except as specifically agreed otherwise by Irvin~ and
Grantee in writing.
5. Insurance.
(a) Grantee shall, at all times during the term of
this Easement Agreement and prior to any entry upon the
Property, require that the contractor used by Grantee to
construct the Jamboree Road Improvements obtain and maintain a
policy of comprehensive general liability insurance by the terms
of which Irvine is named as an additional insured and is
indemnified against liability for damage or injury in an amount
not less than Two Million Dollars ($2,000,000) combined single
limit bodily injury and property damage liability per
occurrence, or the actual limit of liability carried by such
contractor, whichever is greater, for the operations of such
contractor under this Easement Agreement and the acts of such
contractor and its representatives on or about the Property.
Such liability insurance shall include automobile liability,
personal injury, products/completed operations and broad-form
property damage. Coverage shall be stated on the certificate or
policy to be primary and any insurance carried by Irvine is
noncontributing with such policy or policies and shall include a
requirement for thirty (30) days' prior written notice to Irvine
in the event of cancellation or material change in coverage.
6. Indemnification. Grantee hereby waives on its
behalf all claims and demands against Irvine and Irvine's
directors, officers, employees, agents and representatives (the
"Indemnitees"), and each of them, for any loss, damage, injury
or claim of any kind or character to any person (including
death) or property arising from or caused by (a) construction by
Grantee of improvements on the Easement Area, (b) use of the
Page 5
Easement Area an r the Property pursuant l(a) above, by
Grantee, or (c) Performance by Grantee of i~ obligations under
this Easement Agreement. Grantee agrees to indemnify, defend
and hold harmless Irvine, the Indemnitees and each of them and
its and their property from all loss, liability, damages, costs
and expenses (including attorneyst fees) arising from or
resulting from willful acts or negligent acts or omissions of
Grantee, its officers, agents or employees in connection with
(a) construction by Grantee of improvements on the Easement
Area, (b) the use of the Easement Area and/or the Property
pursuant to l(a) above, by Grantee, or (c) performance by
Grantee o~ its obligations under this Easement Agreement.. The
foregoing indemnity shall not require payment as a condition
precedent. Notwithstanding anything to the contrary above,
nothing contained in this paragraph shall operate to relieve
Irvine from any loss, damage, injury or claim to the extent
determined by a court of competent jurisdiction to be
proximately caused by the negligence or intentional misconduct
of Irvine, the Indemnitees or any of them. For purposes of this
Section 6, Grantee shall mean Grantee, its invitees, employees,
agents or any other person claiming under G~antee.
7. ~iscellanous.
(a) Successors and Assigns. The provisions of this
Agreement shall bind and inure to the benefit of all successors,
the assigns of Grantor and the permitted assigns of Grantee
(collectively "assignee"). Any assignee of an interest
hereunder shall automatically, as of the effective date of the
assignment, (i) succeeed to the rights herein granted and (ii)
be deemed to have assumed the obligations hereunder. No such
assignment shall be deemed to relieve Grantee of its obligations
under this Agreement unless such release is in writing executed
by both parties hereto. Upon the request of either party
hereto, any assignee shall execute and acknowledge an instrument
in recordable form providing for the assumption of the
obligations of its assignor pursuant to this Agreement.
(b) Notices. Ail notices or other communications
provided for herein shall be in writing and shall be personally
served or delivered by United States mail, registered or
certified, return receipt requested, postage prepaid, addressed
as follows:
If to Grantee:
City of Tustin
300 Centennial Way
Tustin, California
Attention: City Engineer
If to Irvine:
Irvine Community
Development Company
500 Newport Center Drive
8th Floor
Newport Beach, California 92660
Attention: General Counsel
Page 6
Either party may notice to the other de~ late a difference
address for notic=s which shall be substituu~d for that-
specified above. Any notice given as provided in this paragraph
shall be deemed to have been received, if personally served, as
of the date and time of service or if deposited in the mail as
provided above, 48 hours after deposit in the mail.
(c) No Rights in Public. Nothing herein contained
shall be deemed to be a gift or dedication of any portion of the
Easement Area or the Property to or for the general public, it
being the intention of the parties hereto that this Easement
Agreement shall be strictly limited to and for the purposes
herein expressed.
(d) Attorneys' Fees. In the event that at any time
during the term of this Agreement either party hereto shall
institute any action or proceeding, including any arbitration
proceedings, against the other relating to the provisions of
this Agreement or any default or alleged default hereunder, then
the unsuccessful party in such action or proceeding shall
reimburse the successful party therein for the reasonable costs
(including court costs and attorneys' fees) incurred therein by
such successful party. /
(e) No Waiver. No waiver of any default by Grantee
shall be implied from any omission by Irvine to take any action
in respect to such default, if such default continues or is
repeated. No express wiaver of any default shall affect any
default or cover any period of time other than the default and
·
period of time specified in such express waiver. A waiver of
any default in the performance of any provision contained in
this Agreement shall not be deemed to be a waiver of any
subsequent default in the performance of the same provision or
any other provision contained herein. The consent or approval
of Irvine to or of any act or request by Grantee requiring
consent or approval shall not be deemed to waive or render
unnecessary the consent or approval to or of any subsequent
similar or actual request.
(f) Governing Law. This Agreement shall be
governed by and construed in accordance with the laws of the
State of California.
(h) Entire Agreement. This document, including
Exhibits "A" and "B" attached hereto (which are incorporated
herein by this reference), contains the entire agreement between
the parties relating to the rights granted herein and the
obligations herein assumed. Any oral representations or
modifications concerning this document shall be of no force and
effect except a subsequent modification in writing, signed by
the party to be charged.
Page 7
IN WITN WHEREOF, the parties h, executed this
Agreement the day and year first above written.
THE IRVINE COMPANY/~?
a Michigan corpor~.~J~ion
The City of Tustin, a
municipal corporation
By:
Title:
By:
Title:
Approved as to form:
James G. Rourke
City Attorney
Exhibits
A Depiction of Parcel A and the Easement Area
B Legal Description of the Channel
Page 8
STATE OF CALIFOPa.
COUNTY OF ORANGE
On this 10th day of AuKust , 1988, before me, the
undersigned a Notary Public in and' for said State, personally
appeared C.B. 01son and James R. Cavanaugh
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons who executed the within
instrument as Vice-President and Assistant Secretary,
respectively, on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary Publi6 in and for said State
~ ~ OFFICIAL SEAL
~J ,4~-~}"f'.~,'~ NINA MIRABELLA
~ ~ NOTAI~'Y PUBLIC- CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF ORANGE
On this day of , 1986, before me, the
undersigned a Notary Public in and for said State, personally
appeared personally known
to me (or proved to me on the basis of satisfactory evidence) to
be the person who executed the within instrument as
the ., respectively, on behalf of the City
of Tustin.
WITNESS my hand and official seal.
Notary Public in and for said State
Page 9
EXHIBIT "A"
LEGAL DESCRIPTION OF CONSTRUCTION EASEMENT FOR JAMBOR~. ROAD
A parcel of land lying partially in the City of Tusttn,
partially in the City of Orange and partially in the unincorpor-
ated territory of the County of Orange, all in the State of
California being portions of Blocks 16, 18, 40, 41, 42 and 66 as
shown on "Map of Irvine's Subdivision" as per map filed in Book 1,
page 88 of Miscellaneous Record Maps in the office of the County
Recorder of said county described as follows:
Beginning at a point in the Easterly boundary of Tract No.
12417, as per map filed in Book 558, pages 32 through 47,
inclusive, of said Miscellaneous Maps, said point lying South
10"30'38" West, 214.46 feet along said Easterly boundary from
the Northeast corner of said Tract; thence, continuing along
the Easterly and Southerly boundary of said Tract through the
following courses:
South 10"30'38" West, 61.33 feet, Southerly along a tangent,
1662.50 foot radius curve, concave Easterly, through a central
angle of 44001'23'' a length of 1277.38 feet, South 33030'45''
East, 531.85 feet, Southeasterly along a tangent, 1812.50 foot
radius curve, concave Southwesterly, through a central angle of
06°26'17'. a length of 203.66 feet, radially to said curve,
South 62055'32'' West, 75.00 feet, Southeasterly along a 1737.50
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foot radius curve, concave Southwesterly, through a central
angle of 02°20'19# a length of 70.92 feet, radially from said
curve, North 65°15'51'' East, ?5.00, Southerly along an 1812.50
foot radius curve, concave Nesterly, through a central angle of
17~41°21" a length of 559.58 feet, and non-tangent to said curve,
North 87°05'20" Nest, 177.43 feet to a point on a non-tangent,
1647.50 foot radius curve, concave Nesterly, a radial line to
sa~d point bears North 79°31'43" East; thence, leaving said
/
Southerly boundary, Southerly along said curve, through a central
angle of 09°10'03" a length of 263.61 feet; thence, tangent to
said curve, South 01~18'14" East, 339.99 feet to a tangent,
2700.00 foot radius curve, concave Westerly; thence, Southerly
along said curve through a central angle of 14~40°14'' a length
of 691.33 feet; thence, tangent to said curve, South 13~22'00''
Nest, 789.24 feet to a tangent, 2500.00 foot radius curve,
concave Easterly; thence, Southerly along said curve through a
central angle of 08007'00.. a length of 354.16 feet; thence,
radially to said curve, North 84~45°00'' Nest, 100.00 feet to
a point on a non-tangent, 2600.00 foot radius curve, concave
Easterly, a radial line to said point bears North 84045'00..
Nest; thence, Southerly along said curve, through a central
angle of 09007'00.. a length of 413.70 feet; thence, tangent to
said curve, South 03052'00.. East, 401.18 feet to a tangent,
2800.00 foot radius curve, concave Nesterl¥; thence, Southerly
July 14, 1988
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H&A Legal No. 2004
along said curve through a central angle of 18°08'40'' a length
of 886.70 feet; thence, tangent to said curve, South 14"16'40"
Nest, 566.33 feet; thence South 75043'20" East, 200.00 feet to-a
point on a non-tangent, 2400.00 foot radius curve, concave
Easterly, a radial line to said point bears North 75"43'20" Nest;
thence, Southerly along said curve, through a central angle of
14"37'55" a length of 612.90 feet; thence, tangent to said
curve, South 00"21'15" East, 430.00 feet; thence South
89"38'45" Nest, 660.40 feet; thence South 25"18'4~" West,
450.00 feet; thence South 10"00'00" East, 600.00 feet; thence
South 54"00'00" Nest, 750.00 feet; thence South 28"30'00" East,
1000.00 feet; thence South 54"00'00" East, 600.00 feet; thence
South 41"30'06" Nest, 310.00 feet; thence North 80"41'15" Nest,
472.65 feet to a point on a non-tangent, 2750.00 foot radius
curve, concave Southeasterly, a radial line to said point bears
North 48"29'54# West; thence, Southwesterly along said curve,
through a central angle of 25"21'21" a length of 1216.99 feet;
thence, radially to said curve, South 73"51'15" East, 400.00
feet; thence South 16°08'45'' Nest, 2137.56 feet to a tangent,
6350.00 foot radius curve, concave Easterly; thence, Southerly
along said curve through a central angle of 04°51'31'' a length
of 538.47 feet; thence, tangent to said curve, South 11"17'14''
July 14, 1988
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N.0. No. 278-12
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West, 81.35 feet; thence I~EST, 305.26 feet; thence NORTH,
1100.00 feet; thence I~EST, 400.00 feet; thence SOUTH, 1000.00
feet; thence I~EST, 1200.00 feet; thence SOUTH, 1000.00 feet;
thence EAST, 550.00 feet to a point on a non-tangent, 1860.00
foot radius curve, concave Southerly, a radial line to said point
bears North 08°09'07# West; thence, Easterly along said curve,
through a central angle of 17°56'57# a length of 582.69 feet;
thence, tangent to said curve, South 80~12°10# East, 59.86 feet
to a tangent, 1504.17 foot radius cdrve, concave Southerly;
thence, Easterly along said curve through a central angle of
09~32'57" a length of 250.69 feet to a tangent, 1865.00 foot
~adius compound curve, concave Southerly; thence, Easterly
along said curve, through a central angle of 01~20'13" a length
of 43.52 feet; thence, tangent to said curve, South 69~19'00''
East, 576.38 feet to a point on a non-tangent, 2500.00 foot
radius curve, concave Westerly, a radial line to said point
bears South 61°35'41" East; thence, Northerly along said curve,
through a central angle of 17~07°05'' a length of 746.92 feet;
thence, tangent to said curve, North 11~17'14" East, 501.44
feet to a tangent, 5900.00 foot radius curve, concave Easterly;
thence, Northerly along said curve through a central angle of
04~51'31'' a length of 500.31 feet; thence, tangent to said
curve, North 16°08'45'' East, 2137.56 feet to a tangent, 1900.00
foot radius curve, concave Easterly; thence, Northerly along
July 14, 1988
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;4.0. No. 278-12
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said curve through a central angle of 14"01'35" a length of
465.13 feet; thence, radially to said curve, South 59"49'40"
East, 100.00 feet to a point on a non-tangent, 1800.00 foot
radius curve, concave Southeasterly, a radial line to said
point bears North 59o49'40'' West; thence, Northeasterly along
said curve, through a cent=al angle of 11"19'46" a length of
355.92 feet; thence, tangent to said curve, North 41o30'06''
East, 200.00 feet; thence North 48~29'54'' West, 100.00 feet;
thence North 41~30'06J East, 361.79 feet to a tangent, 2250.00
foot radius curve, concave Westerly; thence, Northerly along
said curve through a central angle of ¢1"51'21" a length of
1643.67 feet; thence, tangent to said curve, North 00"21'15''
West, 1900.55 feet; thence North 89o38'45" East, 100.00 feet to
a point on a non-tangent, 1800.00 foot radius curve, concave
Easterly, a radial line to said point bears South 89"38'45"
West; thence, Northerly along said curve, through a central
angle of 14"37'55" a length of 459.68 feet; thence, tangent to
said curve, North 14"16'40" East, 566.33 feet to a tangent,
3600.00 foot radius curve, concave Westerly; thence, Northerly
along said curve through a central angle of 02"06'02" a length
of 131.98 feet; thence, non-tangent to said curve, North
89°58'45'' East, 408.29 feet to a point on a non-tangent,
4000.00 foot radius curve, concave Westerl}`, a radial line to
said point bears South 79"03'31" East; thence, Northerl}` along
Jul}, 14, 1988
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.0
said curve, through a central angle of 14"48'29'~ a length of
1033.80 feet; thence, tangent to said curve, North 03"52'00"
West, 401.18 feet to a tangent, 1400.00 foot radius curve,
concave Easterly; thence, Northerly along said curve through a
central angle of 14"24'00" a length of 351.86 feet; thence,
radially from said curve, North 79028'00" West, 400.00 feet to
a point on a non-tangent, 1800.00 foot radius curve, concave
Easterly, a radial line to said point bears North 79028'00"
West; thence, Northerly along said curve, through a central
angle of 02050'00" a length of 89.01 feet; thence, tangent to
said curve, North 13°22'00'' East, 789.24 feet; thence North
76038'00.. West, 100.00 feet to a point on a non-tangent,
3300.00 foot radius curve, concave Westerly, a radial line to
said point bears South 76038'00" East; thence, Northerly along
said curve, through a central angle of 14°40'14.. a length of
844.96 feet; thence, tangent to said curve, North 01°18'14..
West, 339.99 feet to a tangent, 2247.50 foot radius curve,
concave Westerly; thence, Northerly along said curve through a
central angle of 30°05'21.. a length of 1180.29 feet; thence,
tangent to said curve, North 31°23'35'' West, 462.59 feet to a
tangent, 2050.00 foot radius curve, concave Easterly; thence,
Northerly along said curve through a central angle of 35°08'11..
a length of 1257.15 feet; thence, radially from said curve,
North 86015'24.. West, 403.95 feet to the Point of Beginning.
July 14, 1988
Page 6 of 6
N.0. No. 278-12
H&A Legal No. 2004