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Home My WebLink About7. Vacation of Easements for McNamara Addition, Outlot B and Die CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: September 19, 2000 AGENDA ITEM: Vacation of Easements for McNamara Addition, Outlots B & D AGENDA SECTION: Public Hearing PREPARED BY: Rick Pearson, City Planner AGENDA ATTACHMENTS: Draft Resolution, Plat excerpts APPROVED BY: SUMMARY As part of the platting of the properties for the Goodyear and K.T.J. Limited Liability Partnership (Cub Foods), there are two easements that need to be vacated so that the plats can be recorded. The easements were required for the wetland west of the Rosemount National Bank (prior to regrading of the property), and an overland drainage swale from the Carrollton development to the ponding area near Wellhouse #9. Because the easements are dedicated for public use (drainage & utilities), a public hearing is required to vacate them even though they were excluded from the approved plats. RECOMMENDED ACTION: Motion to adopt a resolution causing easement vacation for McNamara Addition CITY COUNCIL ACTION: ROSEMOUNT CITY HALL 2875 — 145th Street Wes' Rosemount, MN 55068 -4997 Phone: 651- 423 -4411 Hearing Impaired 651. 423 -6219 Fax: 651- 423 -5203 AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE STATE OF MINNESOTA) COUNTY OF DAKOTA ) ss. CITY OF ROSEMOUNT ) Linda J. Jentink, being first duly sworn, deposes and says: I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On a47 ?2000, acting on behalf of the City, I posted at the City Hall, 2875 145th Street West, and deposited in the United States Post Office, Rosemount, Minnesota, a copy of the attached Notice of Public Hearing addressed to the persons listed on the attached listing at the addresses listed with their names, concerning: Vacation of drainage and utility easements on Outlot B and Outlot D of the McNamara Addition. There is delivery service by United States Mail between the place of mailing and the places so addressed. Linda J. Jentink City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this 19' day of September, 2000. I , I Notary Public • a DIANNE G. QUA s NOTARYPusw.1 My Comm'"i" EVIW St. "NO r s CITY OF ROSEMOUNT Everything's Coming Up Rosemount!! NOTICE OF PUBLIC HEARING CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA Notice of Vacation of Easements McNamara Addition TO WHOM IT MAY CONCERN: CITY HALL 2875 — 145th Street West Rosemount, MN 55068.4997 Phone: 651-423-4411 Hearing Impaired 651 - 423 -6219 Fax: 65 423 -5203 NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount, Minnesota will hold a public hearing on Tuesday, September 19, 2000, in the Council Chambers of the City Hall, 2875 145 Street West, beginning at 8:00 p.m. or as soon thereafter as possible, to consider the following: 1) Vacation of the drainage and utility easement on Outlot B of the McNamara Addition Plat signed April 4, 1997. 2) Vacation of the drainage and utility easement on Outlot D of the McNamara Addition Plat signed April 4, 1997. Persons wishing to speak on this issue are invited to attend and be heard at this scheduled public hearing. Formal written comment will also be accepted prior to the meeting dates. Dated this 6 day of September, 2000. o Linda Jentink, 6*C — Ierk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available - Please contact the City Clerk at 651- 322 -2003 or 651- 322- 6219 (TDD number) to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc. The Rosemount Town Pages AFFIDAVIT OF PUBLICATION NOTICE OF TU32Jc AFAR Chad Richardson, being duly sNvom, on oath says that he is an authorized agent and employee of the publisher of the newspaper, known as The Rosemount Town Pages, and has full knowledge of the facts which are stat- ed below: (A) The newspaper has complied with all 'of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A.01 and other ap &b�a n s, as am ed. (B) The printed F which is attached, was cut from the columns of said newspaper, and was printed and published once each week for successive eks; it was first published on Friday, the __— day of 2000 and was thereafter printed and published on every Frida , to and including Friday, the _ day of , 2000; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as beins the size and kind of type used in the composition and publication of the notice: B : Subq and worn to before me or. this Q ' " day nf • 2000. T Notary Public AFFIDAVIT - DAWN M SMITH NOTARY PUBLIC - MINNESOTA V ;_emission Expires Jan. 31, 2005 CITY OF ROSE11fOUP1T i $ COUNTY OF DAKI x" STATE OF NUNMO'TA Notice of Vacadw ofEasemeilta :, McNamar& Xddldou TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that die city Council if, the City of Rosemount., Minnesota will hold o' : hearing on Tuesday, September 19, 2000, in the Corral I Chambers of the City Hall . 2875 145 * . Suet beginning at &00 p.m. or as soot thereafter as posstble,�io consider the following: ; e.;t 1) Vacation of the e5ainage aid utility esaeintatt on - _ Outla B of the McNamara Addition signet! Apn1 4,19917 2) Vacation of the drainage and utility easeiineit on _ Outlot D of the McNamara Addition Plat signed April 4, 1997. Pa was wishing to speak on this issue are invited to attend and be heard at this scheduled public hearing. formal written comment will also be accepted prior to the meeting date&. Dated this 6 day of September. 2000. - wtinda leaink, City Clerk City of Rosemount, Dakota County. Minnesota ! Au liary aids and servicer are available - Please contact I the City CJerk at 631 -3?? -2003 or 631- 3?Z -6 (fDD mamba) to make a request. Eurmples ojaudliary aids err services may include. sign langyage inte)preter. assittim listening kit, accessible meeting location, dc. - - - 918 The Rosemount Town Pages AFFIDAVIT OF PUBLICATION Chad Richardson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper, known as The Rosemount Town Pages, and has full knowledge of the facts which are stat- ed below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A.0;and other ap ' s, as am n ed. (B) The printed E j which is attached, was cut from the columns of said newspaper, and was printed and published once each week for successive eks; it was first published on Friday, the - day of 2000 and was thereafter printed and published on every Frida , to and including Friday, the------- - - - - -- --- - - - - -- day of , 2000; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: alx:defahi;klu:nuryrst - y 1 By: 9"- Sub ibed and 5worn to before me on this day o 2000. T Notary Public Art 1L!'1Y 11 DAWN M SMITH NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2005 NOTICE OF PUBLIC HEARING CITY OF ROSE;MOUNT COUNTY OF DAKOTA STATE OF MINNESOTA Notice of Vacation of Eas menh McNamara Addidea TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount, Minnesota will hold a public hearing on Tuesday, September 19, 2000, in the Council Chambers of the City Hall , 2875 145 Street West, beginning at 8:00 p.m. or as soon thereafter as possible, to consider the following: 1) Vacation of the drainage and utility casement on Outlet B of the McNamara Addition Plat signed April 4, 1997. 2) Vacation of the drainage and utility easement on Outlet D of the McNamara Addition Plat signed April 4, 1997. Persons wishing to speak on this issue are invited to attend and be heard at this scheduled public hearing- Formal written comment will also be accepted price to the meeting dates. Dated this 0 day of September, 2000_ s/Linda Jentink, City Clerk City of Rosemount, Dakota County, Minnesota Auxiliary aids and services are available - Please contact the City Clerk at 651 - 322 -2003 or 651- 322 -6219 (TDD number) to make a request. Examples of mailiary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc. 918 ze 8 . Minnesota Real Estate Journal REPORTS Revitalizing along the river SHAKOPEE PROJECT WILL BE MIXED -USE R ecognized as one of Minnesota's pioneer Mississippi River com- munities, Shakopee's downtown fea- tures buildings that date back to the late 1800s. Until -last spring, two blocks on the west side of the city's downtown featured century-old buildings that were too run down to be restored. These buildings have been demolished to make way for a mixed -use development that is designed to celebrate the city's architecture and small -town appeal. River City Centre, an $8.4 million, mixed -use redevelopment project will convert these two blighted downtown blocks into 25,000 square feet of retail space and 54 senior housing units. The development, which involves a partnership headed by Steve Dombrovs- ki of Suntide Realty Services Inc., the city of Shakopee and the Scott County Housing and Redevelopment Authority (HRA), will feature large bay windows, wrought iron French balconies, a clock tower and a brick facade. "This development offers something different. People are bored with cookie - cutter projects. The design is very pedestrian - oriented and makes use of the 19th century architecture of the city," Dombrovski says. Symmes Maini & McKee Associ- ates /Winsor Faricy is the architect for the project, which originated in March 1996 when the Shakopee City Council approached the HRA. The project is scheduled for comple- tion in September 1998 and involves the construction of two three -story build- ings connected by a two -story skyway, which will feature a clock tower pro- jecting from its roof.. The top two floors of the complex will be 54 units of market - rate, "active" senior housing (targeted at individuals age 55 and over). The first floor of both buildings will house a total of 25,000 square feet of service- oriented retail. Dombrovski has not signed any ten- ants for the retail space yet, but says bank and restaurant tenants are likely to be among the 12 to 14 tenants in the complex. The HRA is searching for a company to manage the apartment portion of the project and plans to choose one by mid - December. There will be 52 underground park- ing stalls available to apartment tenants in addition to approximately 94 surface stalls to be shared by the retail and housing segments of the project. The housing will include 18 one -bcd- room units, 19 one - bedroom- plus -deft units, 16 two - bedroom units and one guest suite. It also will include a library and a community room. Apartment rents will range from $483 to $850 per month. "Shakopee has a large elderly popu- lation that was underserved by the hous- ing available. This development will address that need," says Scott County HRA Executive Director Bill Jaffa. City and county officials have been pursuing a downtown revitalization for nearly 30 years, according to Shakopee City Administrator Mark McNcill. 13c1'ore recent highway improvements, like the Bloomington Ferry Bridge and the Highway 169 bypass around the city, downtown Shakopee was plagued November 17. 1997 with heavy congestion from Highway 169 truck traffic. The infrastructure improvements made downtown revital- ization viable by decongesting the area. The HRA and the city of Shakopee admit that the public - private partnership working on the project is a first for them. Jaffa says having public entities involved in the project increases the amount of resources available. "As an HRA, we can do things that a private source can't or won't do because r• Pal uMU5111p oetween city, county and private sources Is behind the devel- opment of River City Centre, a mixed -use project In downtown Shakopee. r CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2000- A RESOLUTION CAUSING EASEMENT VACATION FOR McNAMARA ADDITION WHEREAS, a public hearing was scheduled and held before the City Council of the City of Rosemount on September 19, 2000 after due publication as required by law, and all interested persons were given an opportunity to be heard; and WHEREAS, it appears that it will be for the best interest of the City of Rosemount to vacate certain drainage and utility easements as they do not serve a public purpose. NOW, THEREFORE, BE IT RESOLVED, that the following drainage and utility easements are hereby vacated, to -wit: 1) Drainage and utility easement on Outlot B of the McNamara Addition Plat, signed April 4, 1997. 2) Drainage and utility easement on Outlot D of the McNamara Addition Plat, signed April 4, 1997. BE IT FURTHER RESOLVED, that the City Attorney shall prepare a notice of completion of the proceedings and necessary Quit Claim Deeds which shall contain the name of the City, identification of the vacation and a statement of the time of completion thereof, and shall present the same to the County Auditor and then file a copy with the County Recorder. ADOPTED this 19"' day of September, 2000. Cathy Busho, Mayor ATTEST: Linda J. Jentink, City Clerk Motion by: Voted in favor: Voted against: Seconded by: Member absent: CITY COPY MCNAMARA ADDITION FD. DAKOTA COUNTY C.I.M. - FD. DAKOTA COUNTY C.LM. 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X67 1S89'51'14 s 203Y24 X4 .74 R- 159.02 1 - 74148 J4 z \ a �, S/,8� S x,399.80 S 89'35 67.81 tj '22•E L' N80'0 & f jfr 1111. - a 3 8'4')q U3 ��. N 5i 14 1 14 8= ; y 6 T R A 1 L .ZO ° 1 0'00'00• �`rs O .v � fi H65 \6 1 ' I ,. 1 4 $�[ -2 g ' SEO' ��'� hp� i. "o'la r.' D,S�`'2J9 � � 1 • w 16 . i _ 4O = �_, g 580 n =17'06'51 r •t rl 8 = � 951 50 _ i 4 L= 415.91 10 40 „BO R = 1.S 1 1 r R =1392.39 N 6°35 u/ o- aro0.0 4 � .U0 D �� j R �59� ° - 1 . 7 -,62 .07 � 3 S -.,r ,Op = 30'00'00• k' = 629.0 �_ � 4 9 W o 00'00• te r= L. 154 45 D� c °21.39 J9 E 2S ^ a R= 1 472.3 - 30 0 .� 8,147. 1 a 9 ° I . 7 2 RS195.��. tll Nq E r w s r „ Vk OUTLOT E 3 &- '5435 7' gm .= F z gg o S34T50'59•E OUTLOT F �... n 8.47-'_ �..."'^•� 'S OW A S34'50'59 E rD 807 Zh p a J4'50'59•E W ' �.. 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I -. 50 q 60 �3� I i �1..� � E,�lEil17"S To YA M 7 /� STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF ROSEMOUNT RESOLUTION NO. 2000- RESOLUTION RELATING TO ASSIGNMENT OF SUBDIVISION AGREEMENT AND PUD AGREEMENT TO CENTEX A VD SUBDIVISION OF OUTLOT B, BLOOMFIELD ADDITION WHEREAS, CMC Heartland Partners I, Limited Partnership (the "Developer") is the developer of properties platted as Bloomfield Addition in the City of Rosemount, Minnesota; and WHEREAS, in connection with the development of the Bloomfield Addition, Developer and the City of Rosemount (the "City ") entered into a Planned Unit Development (PUD) Agreement dated July 15, 1998 (hereinafter the "PUD Agreement") and a Subdivision Agreement dated July 21, 1998 (hereinafter the "Subdivision Agreement "); and WHEREAS, under the Subdivision Agreement, Developer provided to the City a letter of credit dated February 4, 1999 in the amount of $179,000 (hereinafter the "Developer's Letter of Credit ") to secure performance by Developer of its obligations under the Subdivision Agreement and the PUD Agreement, which letter of credit expires October 1, 2000; and WHEREAS, Developer is in default of certain of its obligations under the Subdivision Agreement; and WHEREAS, Developer has requested the approval by the City of a proposed assignment of the PUD Agreement and the Subdivision Agreement to Centex Homes, a Nevada General Partnership (hereinafter "Centex'), in connection with the sale of a portion of Bloomfield Addition to Centex; and WHEREAS, Developer has petitioned the City for approval of a planned unit development and plat of a second phase of development of the Bloomfield Addition which plat was to have been known as Bloomfield Second Addition. The plat of Bloomfield Second Addition was approved by the City Council but Developer has not signed a subdivision agreement in connection with Bloomfield Second Addition or proceeded with development. During the application process, at the behest of Developer, RESOLUTION 2000- the City has incurred substantial expenses and obligations in anticipation of the development of the Bloomfield Second Addition which expenses are hereinafter set forth; and WHEREAS, because of Developer's decision not to execute a subdivision agreement or proceed with platting or development, the City has commenced two actions in Dakota County District Court to allow the City to proceed with construction of public improvements planned for Bloomfield Second Addition and to recover costs incurred by the City, to wit: Rosemount v. CMC Heartland Partners, et al. District Court File No. 19 -C6 -00 -9282 and Rosemount v. CMC Heartland Partners, et al., District Court File No. 19- C1 -00- 008704 (hereinafter the "Civil Actions "); and WHEREAS, the sale of a portion of the Bloomfield Addition to Centex requires the division of a tax parcel platted as Outlot B, Bloomfield Addition along a boundary previously approved by the City in connection with the approval of the subdivision of Bloomfield Second Addition, the legal description of which is hereinafter set forth. Developer has requested the approval by the City of this division of land; and WHEREAS, the City Council has determined that approvals of the assignments and the subdivision of land, subject to the conditions hereinafter set forth, are in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, Minnesota, as follows: The City approves the assignment of the Subdivision Agreement and the PUD Agreement to Centex and the subdivision of Outlot B, Bloomfield Addition into two parcels. Parcel one includes Phases 1 and 2, and the second parcel is the remaining property, the legal descriptions of which are on Attachment One, attached hereto and hereby made a part of this Resolution. Each and all of said approvals are conditioned on the prior occurrence of all of the following conditions: a. receipt from Centex of a substitute letter of credit, securing compliance by Centex with terms of the Subdivision Agreement and the PUD Agreement, in the amount of One hundred Seventy Nine Thousand Dollars ($179,000.00). b. recording of the Subdivision Agreement and the PUD Agreement prior to the sale of any properties in Bloomfield Addition to Centex. receipt by the City of reimbursement for the following costs and expenses: RESOLUTION 2000- i) capitalized interest for bonds issued and issuance costs to finance Phase II Improvements (Bloomfield Second Addition) $148,482.38. ii) engineering expenses and testing services incurred in connection with Phase II Improvements $114,231.21. iii) legal fees incurred in connection with development of Bloomfield Addition. iv) special assessments previously levied for trunk sewer improvements, and maintenance charges for street cleaning and weed control in - the amount of $1,954,987.80. d. receipt of an instrument, duly executed by an authorized representative of Ryan Contracting Co., in a form satisfactory to the City Attorney, releasing the City from all obligations arising from the contract, award of the contract, or solicitation of bids for Phase II improvements in the event the City does not proceed with construction of said improvements in accordance with the specifications therefor. In - the event the City proceeds with construction of said improvements, the City will proceed under the agreement with Ryan provided Ryan continues to be willing to honor its bid. e. receipt of a duly executed deed for Outlot D, Bloomfield Addition in a form acceptable to the City Attorney. 2. The Mayor, Clerk and Administrator are authorized and directed to draw the full amount of the Letter of Credit provided by Developer to secure performance of the PUD Agreement and the Subdivision Agreement, issued February 4, 1999 by Bank One, Illinois as Standby Letter of Credit No. STI12891 unless a substitute letter of credit is received from Centex in accordance with paragraph la above by September 22, 2000. 3. Upon satisfaction of all conditions set forth in paragraph 1 above, the City Attorney is authorized and directed to dismiss the Civil Actions without costs, disbursements or attorneys fees (other than attorneys fees included under paragraph 1 c above) to either party. 4. The approvals given in paragraph 1 shall expire and be of no further force or effect unless all conditions stated in paragraph 1 have occurred and are satisfied by 4:30 o'clock p.m., local time, October 31, 2000. Upon satisfaction of all conditions stated in paragraph 1, the City Attorney is directed to provide certification of such satisfaction upon the request of Developer or Centex. 3 RESOLUTION 2000- Adopted by the City Council of the City of Rosemount, Minnesota, the day of , 2000. ATTEST: Linda Jentink, City Clerk Motion by: Voted in favor: Voted against:_ Member absent: Cathy Busho, Mayor Seconded by: 4 ATTACHMENT ONE First Phase Lot 1 thru 3, 5, 7 thru 16 and 18, Block 1; and Lots 1 thru 9, Block 2; and Lots 1 thru 11, Block 3; and Lots 1 thru 7 and 12 thru 37, Block 4; and Lots 2 and 8 thru 85, Block 5; All in BLOOMFIELD, Dakota County, Minnesota, according to the recorded plat thereof Second Phase Outlot A, BLOOMFIELD, Dakota County, Minnesota, according to the recorded plat thereof. Those parts of Outlots B and C, BLOOMFIELD, Dakota County, Minnesota, according to the recorded plat thereof described as commencing at the Southeast comer of said Outlot B; thence South 89 degrees, 31 minutes 28 seconds West, assumed bearing along the South line of said Outlot B, 1120.49 feet to the point of beginning of the parcel to be described; thence continuing South 89 degrees 31 minutes 28 seconds West along said South line of Outlot B, 1632.36 feet, thence southwesterly 260.04 feet along the South line of said Outlot B and along a tangential curve concave to the Southeast, having a radius of 1348.24 feet and a central angle of 11 degrees 03 minutes 03 seconds; thence South 89 degrees 31 minutes 28 seconds West, along said South line of said Outlot B, not tangent to last described curve, 632.81 feet; thence North 29 degrees 17 minutes 43 seconds East, along the westerly line of said Outlots B & C, 1419.29 feet; thence southeasterly 19.01 feet along the North line of said Outlot C and along a non - tangential curve concave to the southwest having a radius of 790.00 feet; a central angle of 01 degrees 22 minutes 44 seconds and a chord which bears South 78 degrees 00 minutes 12 seconds East; thence South 77 degrees 18 minutes 50 seconds East, along tangent 564.80 feet; thence South 12 degrees 41 minutes 10 seconds West 156.55 feet; thence South 04 degrees 36 minutes 19 seconds East 48.43 feel:; thence South 70 degrees 34 minutes 48 seconds East 71.88 feet; thence South 74 degrees 02 minutes 24 seconds East A -I 148.46 feet; thence South 80 degrees 05 minutes 46 seconds East 170.61 feet; thence North 80 degrees 26 minutes 07 seconds East 229.23 feet; thence South 23 degrees 45 minutes 28 seconds East 95.19 feet; thence South 35 degrees 29 minutes 46 seconds East 184.30 feet; thence North 41 degrees 54 minutes 08 seconds East 208.85 feet; thence Southeasterly 19.85 feet along a non- tangential curve concave to the Northeast, having a radius of 320.00 feet; a central angle of 03 degrees 33 minutes 16 seconds and a chord which bears South 49 degrees 52 minutes 30 seconds East; thence South 51 degrees 39 minutes 08 seconds East, along tangent, 275.83 feet; thence southeasterly 114.33 feet along a tangential curve concave to the northeast, having a radius of 320.00 feet and a central angle of 20 degrees 27 minutes 46 seconds; thence South 72 degrees 06 minutes 54 seconds East, along tangent, 135.11 feet; thence Southwesterly 366.48 feet along a non - tangential curve, concave to the Southeast, having a radius of 1050.00 feet, a central angle of 19 degrees 59 feet 52 seconds and a chord which bears South 09 degrees 31 minutes 24 seconds West; thence South 00 degrees 28 minutes 32 seconds East, along tangent, 86.65 feet to the point of beginning. Remaining Property Outlots B and C, BLOOWIELD, Dakota County, Minnesota, according to the recorded plat thereof EXCEPT those parts described as commencing at the Southeast corner of said Outlot B; thence South 89 degrees, 31 minutes 28 seconds West, assumed bearing along the South line of said Outlot B, 1120.49 feet to the point of beginning of the parcel to be described; thence continuing South 89 degrees 31 minutes 28 seconds West along said South line of Outlot B, 1632.36 feet, thence southwesterly 260.04 feet along the South line of said Outlot B and along a tangential curve concave to the Southeast, having a radius of 1348.24 feet and a central angle of 11 degrees 03 minutes 03 seconds; thence South 89 degrees 31 minutes 28 seconds West, along said South line of said Outlot B, not tangent to last described curve, 632.81 feet; thence North 29 degrees 17 minutes 43 seconds East, along the westerly line of said Outlots B & C, 1419.29 feet; thence southeasterly 19.01 feet along the North line of said Outlot C and along a non - tangential curve concave to the southwest having a radius of 790.00 feet; a central angle of 01 degrees 22 minutes 44 seconds and a chord which bears South 78 degrees 00 minutes 12 seconds East; thence South 77 degrees 18 minutes 50 seconds East, along tangent 564.80 feet; thence South 12 degrees 41 minutes 10 seconds West 156.55 feet; thence South 04 degrees 36 minutes 19 seconds East 48.43 feet; thence South 70 degrees 34 minutes 48 seconds East 71.88 feet; thence South 74 degrees 02 minutes 24 seconds East 148.46 feet; thence South 80 degrees 05 minutes 46 seconds East 170.61 feet; thence North 80 A -I Pq a degrees 26 minutes 07 seconds East 229.23 feet; thence South 23 degrees 45 minutes 28 seconds East 95.19 feet; thence South 35 degrees 29 minutes 46 seconds East 184.30 feet; thence North 41 degrees 54 minutes 08 seconds East 208.85 feet; thence Southeasterly 19.85 feet along a non- tangential curve concave to the Northeast, having a radius of 320.00 feet; a central angle of 03 degrees 33 minutes 16 seconds and a chord which bears South 49 degrees 52 minutes 30 seconds East; thence South 51 degrees 39 minutes 08 seconds East, along tangent, 275.83 feet; thence southeasterly 114.33 feet along a tangential curve concave to the northeast, having a radius of 320.00 feet and a central angle of 20 degrees 27 minutes 46 seconds; thence South 72 degrees 06 minutes 54 seconds East, along tangent, 135.11 feet; thence Southwesterly 366.48 feet along a non - tangential curve, concave to the Southeast, having a radius of 1050.00 feet, a central angle of 19 degrees 59 feet 52 seconds and a chord which bears South 09 degrees 31 minutes 24 seconds West; thence South 00 degrees 28 minutes 32 seconds East, along tangent, 86.65 feet to the point of beginning. 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