HomeMy Public PortalAboutResolutions-2017-128
Joseph C. Judge, Lane & Waterman LLP, 220 N. Main St. #600,
THIS INSTRUMENT PREPARED BY/RETURN TO:
Davenport, IA 52801; (563) 324-3246
DEVELOPER’S AGREEMENT
THIS AGREEMENT, made by and between the City of Tiffin, Iowa, a municipal
corporation, hereinafter referred to as “City,” and TPV Commercial, LLC, an Iowa limited
liability company, hereinafter referred to as “Developer.,” and Willow Creek, LC, an Iowa
limited liability company, and Melvin R. Reed, a single person, collectively hereinafter referred
to as “Owner.” Developer will be acquiring the Subdivision from Owner. The obligations under
this Agreement shall run with the land. Upon Owner transferring title of the Subdivision,
Developer shall assume all of Owner’s obligations under this Agreement and Owner shall be
released from any and all liability or obligations under this Agreement.
SECTION 1. REQUEST FOR PLAT APPROVAL
Developer has requested that the City approve the preliminary plat, attached hereto as
Exhibit A and incorporated herein by reference, for a proposed subdivision known as Prairie
Village Commercial Development (referred to herein as the “plat”) for the real estate described
on Exhibit B, situated in Tiffin, Johnson County, Iowa. As part of this request, Owner
Developer acknowledges Willow Creek, LC and Melvin R. Reeve (“Owners”)full ownership
ofown the real estate described on Exhibit B, except for those portions owned by the City.
SECTION 2. CONDITIONS OF PLAT APPROVAL AND RIGHT TO PROCEED
The City shall approve the preliminary plat of this subdivision upon the
A.
conditions that:
The final plat(s) will conform to the preliminary plat;
1.
The construction plans will be submitted and approved;
2.
Except for public sidewalks as set forth in Section 3(C)(4), theThe public
3.
improvements for each Phase will be constructed in accordance with approved
construction plans and accepted by the City or, in the event the Developer requests and
the City agrees to the construction of the public improvements after final plat approval
for each Phase, the Developer has complied with the security requirements set forth in
Section 5.12 of the Tiffin Subdivision Ordinance and Section 7 of this Agreement; and
The Developer enters into and abides by this Agreement.
4.
The Developer further agrees that this Agreement shall be a covenant running
B.
with the land and shall be binding on the present and future owners of the property.
The Developer may not grade or otherwise disturb the earth, remove trees,
C.
construct sanitary sewer mains, storm sewer mains, water mains, streets, utilities, public or
private improvements or any buildings until the following conditions have been satisfied:
This Agreement has been fully executed by both parties, filed with the
1.
City Clerk, and approved by the City Council;
The Developer has complied with the erosion control and grading
2.
provisions set forth in Section 5 of this agreement; and
All permits required by local, state, and federal law have been applied for
3.
and issued by the appropriate authority.
Contingent upon the permitting requirements set forth in Paragraph 3 of
4.
this section being met, all necessary construction permits have been applied for and
issued by the City.
SECTION 3. DEVELOPMENT REQUIREMENTS AND PUBLIC IMPROVEMENTS
Development Standards. The subdivision shall be developed according to the
A.
preliminary subdivision plat as approved by the City and according to the plans and
specifications as approved by the City. All construction plans shall be approved before the
commencement of any work in accordance with the subdivision plat. There shall be no material
variance from the preliminary plat, or from the construction plans and specifications, unless
approved in writing by the City.
Public Improvement Standards. All improvements and facilities described in this
B.
Agreement shall be constructed and installed by the Developer according to the plans,
specifications, ordinances and standards of the City and in accordance with all applicable federal
and state laws and regulations. All required inspections shall be performed by the City Engineer
or designate. Said inspections shall consist of inspection of the work in progress but shall not
relieve or release the Developer from its responsibility to construct said improvements and
facilities pursuant to the agreed upon plans and specifications. These improvements and facilities
include but are not limited to public water system; sanitary sewer system; storm sewer and
drainageway system; site grading; underground utilities; setting for lot and block monuments;
and surveying and staking.
C. Standard Requirements. Further, the Developer agrees that:
All streets shown on the plat will be constructed of concrete paving with
1.
concrete curb and gutter, which will be shown on the construction plans, to be approved
2
by the City Engineer, and will be dedicated to the City.
The Developer shall provide for the installation of all electric lines, street
2.
lights, gas mains, telephone lines and other utility facilities that are necessary at the
Developer’s sole cost. Developer further agrees that all utilities shall be installed
underground.
Any decorative street lighting shall be approved by the City and installed
3.
at the Developer’s sole cost.
At such time as building construction occurs on a lot, but in no event later
4.
than five (5) years from the date the final subdivision plat is recorded for each Phase of
the development, the Developer shall install sidewalks in said subdivision abutting said
lots per the widths approved on the preliminary plat, in accordance with the plans and
specifications of the City, and subject to inspections by the City Engineer or designate,
unless otherwise shown on the plat or otherwise specified in this Agreement. The
following sidewalks shall be installed by the Developer and completed prior to final plat
approval for Phase 1: The sidewalk to be constructed along the north side of State Street.
The following sidewalks shall be installed by the Developer and completed prior to final
plat approval for Phase 2: The sidewalk to be constructed along the east side of N.
Kimberlite Street.
The Developer shall submit to the City, for approval by the City Engineer,
5.
a storm water management plan which will identify the drainage of this development and
specify the manner in which storm water, drainage and runoff will be accommodated.
The Developer agrees to dispose of all storm water through the approved storm water and
drainageway system as set forth in the storm water management plan. The design and
construction of the storm water detention basin(s), if required by the City for this
development, shall be in compliance with the City’s current storm water management
ordinances and policies.
The Developer shall provide any water, sewer, utility and drainage
6.
easements as shown on the approved final plat.
Any wells shall be abandoned in accordance with applicable local, state
7.
and federal laws and regulations.
In order to meet the requirements laid out in Section 4.08 of the Tiffin
8.
Subdivision Ordinance regarding Neighborhood Open Space Requirements, in lieu of
dedicating open space in this subdivision, the Developer shall include an additional .38 acres
of open space in the 40 acre Prairie Village Residential subdivision, which shall be
acceptable to the City. In the alternative, the Developer may pay the City $19,250 prior to
final plat approval sThe requirements set forth in Section 4.08 of the Tiffin Subdivision
Ordinance regarding Neighborhood Open Space Requirements have been waived for this
subdivision.
Developer’s Obligations. Nothing in this Agreement shall be construed to impose
D.
a requirement on the City to install the original public improvements at issue herein, nor shall the
3
Developer be deemed to be acting as the City’s agent during the original construction and
installation of the above-described improvements. The parties agree that the obligation to install
the above described public improvements herein shall be in accordance with the plans and
specifications drafted by the Developer and subject to the approval of the City. Furthermore, the
obligations shall remain on the Developer until completion by the Developer and until
acceptance by the City, as provided by law.
Sanitary Sewer Upgrade. Developer and City acknowledge that the sanitary sewer
D.E.
main located south of Highway 6 will have to be upgraded by City in order to meet the demands
of the subdivision, and other property in the area. The cost due from the Developer for this
upgrade is $616.67/acre for a total of $6,130.00, which shall be paid prior to final plat approval.
SECTION 4. PUBLIC UTILITIES
Developer agrees that it will obtain any necessary concurrence of utility or other
easements from appropriate utility companies. Developer agrees that it will provide for the
continuation of all required water, sanitary sewer and storm drainage facilities. The Developer
agrees that it will connect and use existing public water supplies in accordance with the Tiffin
Municipal Code and that the Developer will provide a plan outlining the drainage of the land and
indicating the manner in which the drainage will be accommodated and will connect to the
existing storm water sewer systems when available in accordance with the plan approved by the
City Engineer.
SECTION 5. EROSION CONTROL AND GRADING
Erosion Control. Before any utility construction is commenced or building
A.
permits are issued, the Developer shall design and implement an erosion control plan which shall
be reviewed and approved by the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. All seeded
areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion, and, if the Developer does not
comply with the erosion control plan or any supplementary instructions received from the City,
the City may take such action as it deems appropriate to control erosion and assess the costs of
such action to the Developer or the property, or both. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer’s and City’s rights or obligations hereunder.
Grading. No grading of any nature may occur on this property until a grading plan
B.
is implemented by the Developer and approved by the City. Within ninety (90) days after the
completion of any grading, the Developer shall provide the City with an “as-constructed”
grading plan and a certification by registered land surveyor or engineer that all ponds, swales and
ditches, if any, have been constructed in accordance with the plans approved by the City.
SECTION 6. PHASED DEVELOPMENT
It is anticipated that the development of the subdivision will be done in two separate
phases, Phase 1 and Phase 2. Phase 1 will involve the development of lots 1, 2 and 4 (“Phase
1”). Phase 1 will include:
4
1.The installation of State Street from the western edge of the preliminary plat to
the east up to the western edge of N. Kimberlite Street.
2.The Developer and the City will coordinate theThe specific provisions regarding
the transfer of any a portion of area currently owned by the City and located
within the Preliminary Plat to the Developer for $1.00may be addressed in the
Development Agreement the City anticipates it will enter into with the end user
of Lot 1.
3.The City and the Developer shall may enter into a separate Development
Agreement for Lots 2 and 4, which shall may provide the Developer with certain
development incentives. Further, the City shall enter into a Development
Agreement with the developer of Lot 3, which shall provide certain development
incentives to the developer of Lot 3.
Phase 1 development may commence immediately.
Phase 2 will involve the development of Lot 3 (“Phase 2”). Phase 2 development will
not commence until a traffic study has been done to determine the need for a traffic light or other
street modifications at the corner of Highway 6 and what will be N. Kimberlite Street.
Developer is not required to construct N. Kimberlite Street, and the adjoining sidewalks, nor any
other public improvement on or related solely to Lot 3 as a condition of a final plat approval for
Phase 1. All public improvement associated with N. Kimberlite Street, the adjoining sidewalks,
and the intersection of Highway 6 and N. Kimberlite St. will be done in conjunction with Phase
2. The final plat for Phase 2 shall include, at a minimum:
1.The installation of the intersection of State Street and North Kimberlite Street and
N. Kimberlite Street.
2.The City and the Developer shall may enter into a separate Development
Agreement for Lot 3, which shall may provide the Developer with certain
development incentives.
3.The City and the Developer shall coordinateion the installation of a traffic light,
turn lane off of Highway 6, or other traffic control measure as determined by a
traffic study. The City and Developer shall share the cost of any traffic light, turn
land or other traffic control measure(s), such allocation of cost to be specifically
approved by the City Council at a later date. The cost sharing may be included in
the development agreement specified in the prior paragraph.equally.
The City may refuse to approve final plats of subsequent phases if the Developer has breached
this Agreement and the breach has not been remedied.
SECTION 7. PUBLIC IMPROVEMENTS AND ASSESSMENT WAIVER
If all the public improvements and facilities, except for sidewalk construction
A.
deferred in accordance with Section 3(C)(4), are not installed and accepted by the City prior to
approval of the final plat for either Phase 1 or Phase 2, the Developer is required to either deposit
5
in escrow or file a surety bond with the City in the amount equal to the estimated costs of the
public improvements and facilities for the Phase in which Developer is requesting final plat
approval.
Developer agrees to provide to the City, as per Section 3.05 of the Tiffin
B.
Subdivision Ordinance, proper maintenance bonds satisfactory to the City, so as to insure that for
a period of three (3) years from the date of acceptance of any improvement, the Developer shall
be responsible to maintain such improvement in good repair. The City may, at its sole discretion,
accept alternative sureties to maintenance bonds to insure the workmanship of the improvements
accepted by the City.
In the event the Developer, its assigns or successors in interest, should sell or
C.
convey lots in said subdivision without having constructed the public improvements and
facilities as provided in this Agreement or without the City having accepted all public
improvements and facilities; or the Developer, its assigns or successors in interest in said
subdivision, shall fail to construct sidewalks as set forth in Section 3(C)(4), the City shall have
the right to install and construct said improvements, facilities and sidewalks. Unless City is fully
reimbursed for these costs from the escrowed money or surety bond held by the City, the costs of
said public improvements, facilities and sidewalks shall be a lien and charge against all of the
lots adjacent to or in front of the improvements, facilities and sidewalks that are constructed and
any lots which may be assessed for public improvements, facilities and sidewalks under the
provisions of Chapters 364 and 384 of the Iowa Code. It is further provided that this requirement
to construct said public improvements, facilities and sidewalks is and shall remain a lien from the
date of execution until properly released as hereinafter provided.
The Developer acknowledges and agrees that all lots of the subdivision are
D.
specifically benefited by the public improvements, facilities and sidewalks, and the cost of such
public improvements, facilities and sidewalks need not meet the requirements of notice, benefit
or value as provided by the law of the State of Iowa for assessing such improvements and
facilities.
SECTION 8. ENGINEERING ADMINISTRATION AND CONSTRUCTION
OBSERVATION
A. The Developer shall submit to the City, for approval by the City Engineer, plans and
specifications for the construction of improvements in the subdivision which have been prepared
by a registered professional civil engineer. The Developer shall obtain approval of the
construction plans and all necessary permits from the appropriate city, state and federal agencies
before proceeding with construction. In addition, the Developer shall cause to have its engineer
provide adequate field inspection personnel to ensure that an acceptable level of quality control
is maintained.
B. The Developer shall pay all costs of City engineering administration, which will
include review of the Developer’s final construction plans and specifications, monitoring of
construction, and consultation with the Developer and its engineer on the status, progress or
other issues regarding the project. The Developer shall pay for the reasonable construction
observation performed by the City staff or consulting City Engineer. Construction observation
6
will consist of examination of proposed public utilities, street construction and other
infrastructure improvements. The engineering administrative fee and construction observation
fees to be paid by the Developer shall be determined by the City, in part based on the standard
hourly fee schedule in effect between the City Engineer and the City on file at City Hall and in
part based on standard fees for other staff members that perform the duties noted above. The City
shall provide the appropriate supporting documentation for these fees upon request by the
Developer.
SECTION 9. RELEASE
The City agrees that when the public improvements, facilities and sidewalks required by
Section 3 of this Agreement have been installed to the satisfaction of the City, it will promptly
issue appropriate releases of various lots of the subdivision for recording in the Johnson County
Recorder’s Office so that this Agreement, or applicable portions thereof, will no longer
constitute a cloud on the title of the lots in said subdivision.
SECTION 10. DEVELOPER’S OBLIGATION AND DEFAULT
The Developer agrees and is fully obligated to perform as provided in this
A.
Agreement. The Developer is liable and responsible for each and every obligation agreed to be
undertaken pursuant to this Agreement. Failure of the Developer, its employees, agents or
assigns, to perform is not a defense for the Developer against any action to be taken by the City.
In the event of default by the Developer regarding any work to be performed by
B.
the Developer under this Agreement, the City may, at its option, perform the work and bill the
Developer for said work. The Developer shall promptly reimburse the City for any expense
incurred by the City, provided the Developer, except in an emergency as determined by the City,
is first given written notice of the work in default, and has not cured such default within fourteen
(14) days of such notice. This Agreement is an authorization for the City to act, and it shall not
be necessary for the City to seek a court order for permission to enter upon the property. When
the City does any such work, the City may, in addition to its other remedies, assess the cost in
whole or in part against all of the property located in the subdivision.
SECTION 11. AUTHORIZATION TO ENTER PREMISES
Developer grants the City, its agents, employees, officers and contractors, authorization
to enter the subdivision area to perform all work and inspections deemed appropriate and
necessary by the City in conjunction with this development.
SECTION 12. FEES
The Developer agrees to record this Agreement and to pay all necessary recording and
filing fees that accrue as a result of any work that is performed under this Agreement or made
necessary as a result of this subdivision project. A copy of this recorded Agreement will be
provided to the City.
7
SECTION 13. TIME OF PERFORMANCE
Developer shall install all required public improvements, except for sidewalk
construction deferred in accordance with Section 3(C)(4), within two (2) years from the date of
the City approval of the final plat for each of Phase 1 and Phase 2this agreement. In the event
that the Developer fails to install the required public improvements within the above-referenced
time, authorization to proceed with the development shall cease, and the Developer shall be
required to seek reauthorization and approval of this development, provided that Developer may
request an extension of time from the City. If an extension is granted, it may be conditioned upon
updating any security posted by the Developer or requiring the Developer to provide security to
reflect cost increases and extended completion date.
SECTION 14. NOTICES
Required notices to the Developer shall be in writing and shall either be hand delivered
to the Developer, its agents or employees, or mailed to the Developer by registered mail at the
following address:
TPV Commercial, LLC
Attn: Matthew Adam
2916 Hwy 1 NE
Iowa City, IA 52240
Notices to the City shall be in writing and shall be either hand delivered to the City
Administrator or mailed to the City by registered mail in care of the City Administrator at the
following address:
Tiffin City Administrator
300 Railroad St., P.O Box 259
Tiffin, IA 52340
_____________________
_____________________
_____________________
_____________________
Notices mailed in conformance with this section shall be deemed properly given.
SECTION 15. MISCELLANEOUS
The Developer represents and states that the plat complies with all City, state and
A.
federal laws and regulations, including but not limited to subdivision ordinances, zoning
ordinances and environmental regulations. The City may, at its option, refuse to allow
construction or development work in the subdivision until the Developer complies with the
appropriate law or regulation. Upon the City’s demand, the Developer shall cease work until
there is compliance.
Third parties shall have no recourse against the City under this Agreement.
B.
8
Breach of the terms of this Agreement by the Developer shall be grounds for
C.
denial of building permits, occupancy permits or other permits.
If any portion, section, subsection, sentence, clause, paragraph or phrase of this
D.
Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
The action or inaction of the City shall not constitute a waiver or amendment to
E.
the provisions of this Agreement. To be binding, amendments or waivers must be in writing,
signed by both parties and approved by written resolution of the City Council. The City’s failure
to promptly take legal action to enforce this Agreement shall not be a waiver or a release.
The Developer may not assign this Agreement or the obligations imposed by this
F.
Agreement without the written permission of the City Council or as otherwise provided in this
Agreement.
The Developer’s obligations under this Agreement shall continue in full force and
G.
effect even if the Developer or Owner sells a portion of the subdivision, the entire platted area, or
any part thereof.
No building permits will be issued until all public improvements associated with
H.
each Phase referenced herein have been constructed in accordance with applicable standards and
formally accepted by the City, unless an escrow agreement which is acceptable to the City is
approved by the City.
The Developer shall take out and maintain a public liability and property damage
I.
insurance policy covering personal injury, including death, and claims for property damage
which may arise out of the Developer’s work or the work of its subcontractors or by one directly
or indirectly employed by any of them.
The Developer shall record any restrictive or protective covenants for the
J.
subdivision. A copy of the recorded restrictive or protective covenants will be provided to the
City.
The Developer shall record the original copy of this agreement, with all requisite
K.
signatures, at the time the other final plat documents are recorded as required by law.
The Developer, its grantees, successors and assigns, agree that public services,
L.
including but not limited to street maintenance, snow and ice removal and solid waste collection,
will not be extended to such subdivision until the pavement is completed and accepted by the
City Council by resolution.
Plat notes and surveyor’s notes on plats serve to provide notice of how a
M.
subdivision is expected to develop. Said notes are not intended to create any vested private
interest in any stated use restriction or covenant, or create any third party beneficiaries to any
noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any
applicable public notice and approval process required by law, to alter or amend any plat note, or
to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart
9
and dedicated to for public use within the plat. The City further reserves the right, upon request
of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot
boundaries or allow said land to be replatted subject to any applicable public notice and approval
process required by law.
Pursuant to Section 5.13 of the Tiffin Subdivision Ordinance, the Developer shall,
N.
within one year from the date of the approval of the preliminary plat, submit the final plat and
required attachments to the City Clerk for Phase 1. Developer has 2 years from the date of
approval of the final plat of Phase 1 to submit the preliminary plat and required attachments for
Phase 2. The City has discretion to extend said date upon request by Developer.
The Owners shall have no right to proceed with the development of the
O.
subdivision unless it agrees, in writing, to be bound by the obligations of Developer as set forth
herein, with the consent of the City. Upon Owner transferring title to Developer, Developer may
develop the subdivision in accordance with the approved preliminary plat and this Agreement.
SECTION 16. SUCCESSORS AND ASSIGNS
This Agreement shall be a covenant running with the land and inure to the benefit of and
be binding upon the parties, their successors and assigns.
Dated this day of , 2017.
\[SIGNATURE PAGE TO FOLLOW\]
10
CITY OF TIFFIN, IOWA DEVELOPER
TPV COMMERCIAL, LLC
By: _______________________________ By: _______________________________
_______________________, Steve Berner, Mayor _______________,
_______________
OWNER
ATTEST: __________________________
______________Ashley Platz, City Clerk WILLOW CREEK, LC
By: _______________________________
_______________, _______________
OWNER
Melvin R. Reed
STATE OF IOWA )
) ss:
COUNTY OF ___________ )
On this ____ day of ____________, 2017, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared ______________ Steve Berner and
______________, Ashley Platz, to me personally known, and who, being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Tiffin, Iowa; that the seal
affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City Council;
and that Steve Berner and Ashley Platz ______________ and ______________ acknowledge the
execution of the instrument to be their voluntary act and deed and the voluntary act and deed of
the corporation, by it and them voluntarily executed.
NOTARY PUBLIC – STATE OF IOWA
My Commission Expires: _____________________
STATE OF IOWA, COUNTY OF ___________ ) ss:
This instrument was acknowledged before me on this ___ day of _______________,
2017, by _______________ as ________________ of TPV Commercial, LLC.
NOTARY PUBLIC – STATE OF IOWA
My Commission Expires: _______________
11
STATE OF IOWA, COUNTY OF ___________ ) ss:
This instrument was acknowledged before me on this ___ day of _______________,
2017, by _______________ as ________________ of Willow Creek, LLC.
NOTARY PUBLIC – STATE OF IOWA
My Commission Expires: _______________
STATE OF IOWA, COUNTY OF ___________ ) ss:
This instrument was acknowledged before me on this ___ day of _______________,
2017, by Melvin R. Reed, a single person.
NOTARY PUBLIC – STATE OF IOWA
My Commission Expires: _______________
12
EXHIBIT A
PRELIMINARY PLAT
See attached.
13
EXHIBIT B
LEGAL DESCRIPTION OF REAL ESTATE
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER IN SECTION
27, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, A
PORTION OF OUTLOT A AND ALL OF OUTLOT B OF WILLOW RIDGE PART ONE OF
SECTION 28, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN,
AND ALL OF OUTLOT C OF WILLOW RIDGE PART THREE AS RECORDED IN BOOK 59, PAGE
66 OF THE JOHNSON COUNTY RECORDER IN SECTION 28, TOWNSHIP 80 NORTH, RANGE 7
WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 80 NORTH, RANGE 7 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S00°57’19”E ALONG THE
WESTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, A
DISTANCE OF 162.06 FROM THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG
A CURVE TO THE RIGHT HAVING A RADIUS OF 216.00 FEET AND A CHORD BEARING OF
S88°43’14”E, AN ARC DISTANCE OF 17.42 FEET; THENCE S86°24’35”E, A DISTANCE OF 605.45
FEET; THENCE S08°35’25”W, A DISTANCE OF 628.33 FEET TO A POINT ALONG THE
NORTHERLY RIGHT OF WAY OF HIGHWAY 6; THENCE N86°28’34”W ALONG SAID
NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 572.75 FEET; THENCE S00°11’31”E ALONG
SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 14.32 FEET; THENCE N86°32’29”W
ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 98.81 FEET TO A POINT ON
THE EASTERLY RIGHT-OF-WAY OF CROELL AVENUE; THENCE N03°40’52”E ALONG SAID
EASTERLY RIGHT-OF-WAY, A DISTANCE OF 205.49 FEET TO A POINT OF CURVATURE;
THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1185.52
FEET AND A CHORD BEARING OF N02°04’57W, AN ARC DISTANCE OF 236.95 FEET; THENCE
NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1185.13 FEET
AND A CHORD BEARING OF N10°28’17”W, AN ARC DISTANCE OF 111.91 FEET; THENCE
NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET
AND A CHORD BEARING OF N13°18’51”W, AN ARC DISTANCE OF 39.04 FEET; THENCE
N76°49’47”E, A DISTANCE OF 75.75 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO
THE RIGHT HAVING A RADIUS OF 216.00 FEET AND A CHORD BEARING OF N82°53’57”E,
AN ARC DISTANCE OF 45.76 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 9.94 ACRES, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
14