HomeMy WebLinkAboutMINUTES - 04122005 - 2005 RES 208 THE BOARD OF SUPERVISORS,AS THE GOVERNING BODY OF THE CONTRA COSTA
COUN'T'Y FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA
Adopted this Resolution on April 5, 2005 by the following vote:
AYES: SUPERVISORS OIOIA, PIEPHO, DESAULNIER AND UILKEMA
NOES: NONE
ABSENT: SUPERVISOR FEDERAL GLOVER
ABSTAIN: NONE RESOLUTION NO. 2005/208
Deerings Water Code, Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31
Government Code § 25526.5
SUBJECT: ADOPT Resolution No. 2005/208 approving the conveyance of an easement from Contra
Costa County Flood Control and Water Conservation District to Fairways at Deer Creek,LLC,
in connection with Subdivision 8310 [SCH: # 910113066].
Project No. 0651-6LO83A
Brentwood Area. District III.
The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and Water
Conservation District RESOLVES THAT:
The Contra Costa County Board of Supervisors adopted the City of Brentwood's Final Environmental
Impact Report on April 27, 2004.
Contra Costa County Flood Control and Water Conservation District acquired certain real property by
Deed recorded on August 28, 1964 in Volume 4692 of Official Records at Page 455, in the Brentwood area.
Fairways at Deer Creek,LLC has requested an easement over a portion of said property,described in Exhibit
"A" attached hereto, for a private storm drain low flow diversion Wier and discharge pipe, south of Spyglass
Drive. This Board DE'T'ERMINES that the conveyance of such easement is in the public's interest and will
not substantially conflict or interfere with the District's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of said easement to Fairways at
Deer Creek, LLC, pursuant to Government Code Section 25526.5, and the Chair, Board of Supervisors, is
hereby AUTHORIZED to execute a Grant of Easement on behalf of the District, in consideration for
payment received in full in the amount of$587.27.
The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the
Grantee for recording in the Office of the County Recorder.
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G:\GrpData\RealProp\2005-Files\BOs&Reso\BR.27A Spyglass Low Flow Easement.doc I hereby certify that this is a true and correct
Orig.Dept.: Public Works(R/P) copy of an action taken and entered on the
Contact: C.Pina-Sandoval(313-2012) minutes of the Beard of Supervisors on the
cc: Public Works Accounting date shown.
Public Works Records
Grantee(via R/P) ATTESTED:_ APRIL 05, 2005
Recorder(via RIP) JOHN SWEETEN,Clerk of the Board of
Community Development Dept. Supervisors and County rninistrator
Board Orders Clerk Specialist,Adm.
BY ,Deputy
RESOLUTION NO. 20051 208
EXHIBIT A
LEGAL DESCRIPTION
REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA" STATE
OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA
FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD), RECORDED ON
AUGUST 28, 1964 IN BOOK 4392 AT PANE 455, CONTRA COSTA COUNTY OFFICIAL RECORDS
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID
PARCEL LABELED AS NORTH 37°00'14" WEST 972.732 METERS (566.71 FEET) AS SAID LINE IS
SHOWN ON THE FINAL MAP OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK
427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS; THENCE ALONG LAST SAID LINE
NORTH 37000'94"WEST 75.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG LAST SAID LINE NORTH 37000'94" WEST 15.69 FEET; THENCE NORTH 00135'12" EAST
16.01 FEET; THENCE NORTH 52°31'01" EAST 27.48 FEET; THENCE NORTH 84043'38" EAST 20.87
FEET TO THE GENERALLY NORTHEASTERLY LINE OF SAID PARCEL (4692 OR 455); THENCE
ALONG LAST SAID LINE SOUTH 37000'14" EAST 17.64 FEET; THENCE. ,SOUTH 84143"38" WEST
25.81 FEET; THENCE SOUTH 52131'01"WEST 15.85 FEET; THENCE SOUTH 00035'12" WEST 96.97
FEET;THENCE SOUTH 52°59'46"WEST 6.85 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 969 SQUARE FEET MORE OR LESS.
SEE. EXHIBIT B -- PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART
HEREOF.
END OF DESCRIPTION
* N•IS#6630
EXHIBIT B
PLAT TO ACCOMPANY LEGAL DESCRIPTION
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Recorded at the request of:
City of Brentwood
After recording return to:
Contra Costa County
Flood Control District
Attn: C. Pira-Sandoval
255 Glacier Drive
Martinez, CA 94553
Suncal—Spyglass Drive
Parcel 19
GIANT OF EASEMENT
For good and valuable consideration, including but not limited to the agreements contained
herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political
subdivision of the State of California, (hereinafter "DISTRICT"), hereby grants to the
FAIRWAYS AT DEER CREEK, LLC, a Delaware limited liability company, (hereinafter
"GRANTEE"), a nonexclusive right to a perpetual private storm drain easement for
installing, constructing, reconstructing, removing, replacing, repairing, upgrading,
maintaining, operating and using the storm drain low flow diversion wier and discharge
pipe, south of Spyglass Drive, and appurtenances thereto, and for no other purposes
whatsoever, along and in all of the hereinafter described parcel of land situated in the
County of Contra Costa, State of California, described as follows:
FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBIT "A","B", and "C"
The foregoing grant is made subject to the following terms and conditions:
1. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to
this easement (hereinafter the "Property") is for flood control and drainage
purposes, including, but not limited to, the right to install, construct, reconstruct,
remove, replace, repair, upgrade, operate, and maintain District facilities, which
convey and store water for such purposes. GRANTEE acknowledges and agrees
that the use just described constitutes the primary use of the Property and that any
and all rights granted or implied by this Grant of Easement are secondary and
subordinate to the primary use of the Property by the DISTRICT, its successors and
assigns. GRANTEE shall not, at any time, use or permit the public to use the
easement area in any manner that will interfere with or impair the DISTRICT's
primary use of the Property. GRANTEE shall not fence said easement without the
prior written approval of the DISTRICT, and shall remove any fencing when
requested by DISTRICT to do so. GRANTEE shall not otherwise obstruct the
easement area.
2. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT's title to the
Property and agrees never to assail or resist said title.
1
3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (A) GRANTEE shall, prior
to any construction, reconstruction, remodeling, excavation, installation or plantings
within the easement area, submit specific plans and specifications to the DISTRICT
for review and approval. Such approval,together with any additional requirements to
be in the form of a written permit issued by DISTRICT to GRANTEE.
(B) GRANTEE is responsible to maintain all facilities and landscaping within the
easement area as shown in Exhibit"C". GRANTEE shall perform maintenance of
its facilities so as to prevent damage to the site. GRANTEE shall remove all debris,
trash, and silt from the facilities and legally dispose all removed material outside of
District right of way.
(C) Normal maintenance by GRANTEE of its facilities within the easement area,
including inspection and cleaning of existing facilities, shall not require prior notice
to the DISTRICT.
4. MODIFICATION, RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES:
DISTRICT reserves the right to require GRANTEE to modify its facilities,to relocate
said facilities within the easement area or, at DISTRICT's sole discretion, to remove
its facilities from the easement area at GRANTEE's sole expense. In the event that
GRANTEE fails to commence the required work within thirty days after being
directed to do so by DISTRICT, or such reasonable extension as DISTRICT may
agree to in writing, or fails to complete the required work within a time specified by
DISTRICT, DISTRICT may perform or complete the work at the expense of
GRANTEE, which expense GRANTEE agrees to pay to DISTRICT promptly upon
demand, including but not limited to engineering costs and any legal expenses
incurred to collect such costs. If GRANTEE's facilities are removed from the current
easement area GRANTEE shall promptly quitclaim to DISTRICT its interest in the
vacated easement area.
5. DAMAGE TO DISTRICT PROPERTY: Any and all DISTRICT Property, facilities,
landscaping or other improvements, removed or damaged as a result of the use of
the easement area by GRANTEE, or any other person or entity acting under
GRANTEE's direction or control, shall, at DISTRICT's discretion and direction, be
repaired or replaced by DISTRICT, with all reasonable costs and expenses to be
paid by GRANTEE (including but not limited to engineering costs and legal costs of
collecting any unpaid expenses) or shall be repaired or replaced by GRANTEE, at
the sole cost and expense of GRANTEE, equivalent to or better than their existing
condition. In the event that GRANTEE fails to commence the required work within
thirty days after being directed to do so by DISTRICT, or such reasonable extension
as DISTRICT may agree to in writing, or fails to complete the required work within a
reasonable time thereafter, DISTRICT may perform or complete the work at the
expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT
promptly upon demand, including but not limited to engineering costs and any legal
expenses incurred to collect such costs.
6. DAMAGE TO GRANTEE'S FACILITIES: DISTRICT shall have no responsibility for
the protection, maintenance, damage to, or removal of GRANTEE's facilities,
appurtenances or improvements,caused by or resulting from DISTRICT's use of the
2
Property or work or operation thereon. It shall be the sole responsibility of the
GRANTEE to provide and maintain adequate protection and surface markings for its
own facilities. Subject to the foregoing, if GRANTEE's properly marked, protected
and maintained facilities are damaged by the sole, active negligence or willful
misconduct of DISTRICT, DISTRICT shall repair the damage at its sole cost and
expense or, at the discretion of and upon written notice from DISTRICT, the
damage shall be repaired by GRANTEE and the pre-approved reasonable cost of
such repair shall be paid for by DISTRICT. Under no circumstance shall DISTRICT
have any liability to GRANTEE or to any other person or entity,for consequential or
special damages, or for any damages based on loss of use, revenue, profits or
business opportunities arising from or in any way relating to, any damage or
destruction of any portion of the GRANTEE's facilities. GRANTEE hereby
acknowledges that its sole remedy.for any damage to or destruction of any portion
of GRANTEE's facilities, to the extent DISTRICT is otherwise so liable under this
Grant of Easement, shall be to require DISTRICT to repair or replace the damaged
or destroyed portion or reimburse GRANTEE for GRANTEE's pre-approved
reasonable costs and expenses in repairing or replacing the damaged or destroyed
portion.
7. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non-
exclusive. This easement is subject and subordinate to all existing rights, rights of
way, licenses, reservations, franchises and easements of record, or that would be
evident from a physical inspection or accurate survey of the Property, in and to the
Property. DISTRICT shall have the right to require GRANTEE to modify, remove or
relocate its facility within the easement area or to a similar easement to be granted
to GRANTEE by DISTRICT at no cost, in a timely manner at GRANTEE's sole cost
as reasonably necessary to accommodate the DISTRICT's, or any other existing
users right to construct, replace, enlarge, repair, maintain and operate its facilities,
in the same manner as required by Section 4 of this easement, including the rights
and remedies contained therein. GRANTEE agrees to take all precautions required
to avoid damage to the facilities of the existing users. If GRANTEE damages the
facilities or improvements of any existing user, GRANTEE shall repair or replace
such facilities at GRANTEE's sole cost and expense. Nothing contained herein shall
be construed to prevent DISTRICT from granting other easements, franchises,
licenses or rights of way over said lands, provided however, that said subsequent
uses do not unreasonably prevent or obstruct GRANTEE's easement rights
hereunder.
8. INDEMNIFICATION,AS-IS CONDITION OF PROPERTY: (a) In the exercise of all
right under this easement, GRANTEE shall be responsible for any and all injury to
the public, to persons and to property arising out of or connected with GRANTEE's
use of the Property. GRANTEE shall indemnify, defend, save, protect and hold
harmless, DISTRICT, its officers, agents, employees and contractors from and
against any and all threatened or actual loss, damage (including foreseeable and
unforeseeable consequential damages), liability, claims,suits,demands,judgments,
orders, costs, fines, penalties or expense of whatever character, including but not
limited to those relating to inverse condemnation, and including attorneys' fees,
(hereinafter collectively referred to as "Liabilities")to persons or property, direct or
consequential, directly or indirectly contributed to or caused by the granting of this
easement , GRANTEE's operations,acts or omissions pursuantto this easement,or
3
the GRANTEE's use of the easement, save and except Liabilities arising through
the sole negligence or sole willful misconduct of the DISTRICT, its officers or
employees. GRANTEE acknowledges that Property subject to this easement is in a
flood control area. GRANTEE agrees that GRANTEE shall never have, claim or
assert any right or action against DISTRICT or the County of Contra Costa in the
event of damage to or disruption of GRANTEE's facilities caused or contributed to
by flooding orwater, and shall indemnify, defend, save, protect and hold DISTRICT
harmless from all Liabilities resulting from such damage or disruption.
b) GRANTEE further agrees to defend, indemnify, save, protect and hold harmless,
DISTRICT from any and all actual or threatened claims, costs, actions or
proceedings to attack, set aside, void, abrogate or annul this grant of easement or
any act or approval of DISTRICT related thereto.
c) GRANTEE accepts the easement area in an "as is" physical condition, with no
warranty,guarantee, representation or liability, express or implied on the part of the
DISTRICT as to any matter, including but not limited to the physical condition of the
Property and/or the condition and/or possible uses of the land or any improvements
thereon, the condition of the soil or the geology of the soil, the condition of the air,
surface water or groundwater, the presence of known and unknown faults, the
presence of any hazardous substance, materials,or other kinds of contamination or
pollutants of any kind in the air, soil, groundwater or surface water, or the suitability
of the Property for the construction and use of the improvements thereon. It shall be
the sole responsibility of GRANTEE, at its sale cost and expense,to investigate and
determine the suitability of the soil, water, geologic, environmental and seismic
conditions of the Property for the intended use contemplated herein, and to
determine and comply with all building, planning and zoning regulations relative to
the Property and the uses to which it can be put. GRANTEE relies solely on
GRANTEE's own judgment, experience and investigations as to the present and
future condition of the Property or its suitability for GRANTEE's intended use and is
not relying in any manner on any representation or warranty by DISTRICT.
GRANTEE agrees that neither GRANTEE, its heirs,successors or assign shall ever
claim have or assert any right or action against DISTRICT for any loss, damage or
other matter arising out of or resulting from the presence of any hazardous
substance or any other condition of the Property at the commencement of the
easement or from the release of any hazardous substance in,on or around any part
of the Property or in the soil,water, subsurface strata or ambient air by any person
or entity other than the DISTRICT following the commencement of this easement.
As used herein, "hazardous substance" means any substance, material or waste
which is or may become designated, classified or regulated as being "toxic,'
"hazardous" or a "pollutant" under any federal, state or local law, regulation or
ordinance. Nothing in this section is intended in any way to restrict the right of
GRANTEE to seek contribution or indemnity from any person or entity other than
DISTRICT whose activities are a cause of any discharge, leakage, spillage or
emission of hazardous materials on or to the Property.
d) To the extent permitted by law, GRANTEE shall indemnify, defend, save, protect
and hold the DISTRICT harmless from and against any and all claims, demands,
Liabilities, expenses (including without limitation attorneys fees and consultants
fees), penalties, damages, consequential damages and losses,and costs(including
4
but not limited to the costs of any required or necessary testing, remediation, repair,
removal, cleanup or detoxification of the Property and surrounding properties and
from and against the preparation of any cleanup, remediation, closure or other
required plans whether such action is required or necessary prior to or following the
termination of the easement), of any kind or nature, to the extent caused or
contributed to by GRANTEE's operation or performance under this easement, or
GRANTEE's use, release or disposal of any hazardous substance, including all
costs, claims, damages (including property and personal injury) caused by the
uncovering, release or excavation of hazardous materials (including petroleum)as a
result of GRANTEE's construction, reconstruction, maintenance, use, replacement,
or removal of its facilities, to the extent that such activities increase the costs
attributable to the cleanup or remediation of such hazardous materials.
e) The obligations contained in this section shall survive the expiration or other
termination of this easement.
9. NO WARRANTIES: GRANTEE understands and acknowledges that DISTRICT
makes no representations, warranties or guarantees of any kind or character,
express or implied,with respect to the Property,and GRANTEE is entering into this
transaction without relying in any manner on any such representation or warranty by
DISTRICT.
10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein
continuously for a period of one year, or in the event GRANTEE abandons its
facilities or fails to use the easement for the purpose for which it is granted,then all
rights of GRANTEE in and to said lands shall thereupon cease and terminate and
shall immediately revert to and vest in DISTRICT or its successors. Upon any such
termination of GRANTEE's rights, GRANTEE shall,upon request by DISTRICT,and
at GRANTEE's sole cost and expense, remove all of its facilities from the easement
area and restore said Property to its original condition. Upon the failure of
GRANTEE to do so, this work may be performed by DISTRICT at GRANTEE's
expense, which expense GRANTEE agrees to pay to DISTRICT upon demand.
GRANTEE shall execute any Quitclaim Deeds required by DISTRICT in this regard.
11 . Na ASSIGNMENT GE EASEMENT: No rights granted hereunder shall be
transferred,apportioned or assigned without the prior written consent of DISTRICT.
12. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe
that access or other secondary rights are conveyed by this document over any of
DISTRICT's adjacent lands lying outside of the aforesaid strip of land above
described.
13. ENTIRE AGREEMENT: This grant of easement contains the entire agreement
between the parties hereto and shall not be modified in any manner except by an
instrument in writing executed by the parties or their respective successors in
interest.
14. CONSTRUCTION: This grant of easement shall not be construed as if it had been
prepared by one of the parties, but rather as if both parties have prepared it. The
parties to this grant of easement and their counsel have read and reviewed this
5
grant of easement and agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply to the
interpretation of this grant of easement.
15. SUCCESSORS AND ASSIGNS. This indenture and all of the covenants herein
contained shall inure to the benefit of and be binding upon the heirs, successors
and assigns of the respective parties hereto.
IN WITNESW EREOF, this Grant of Easement is signed and executed this
day of c , 200
CONTRA COSTA COUNTY FLOOD FAIRWAYS AT DEER CREEK, LLC,
CONTROL & WATER CONSERVATION A LIMITED LIABILITY COMPANY
DISTRICT
1
By
B A2 `
'Chair, 8bard of Super iisors Title:
ti
For prov<07
Silvano y Counsel
By i
Title: tvl�q I�� 2
By
Deputy
STATE OF CALIFORNIA >
COUNTY OF CONTRA COSTA )
On APRIL 05/0-53efore me, INY L. SHARP
Deputy Clerk of the Board of Supervisors,Contra Costa
County, ersonaliy appeared
SUP. GAYLP B. UP "y , who is personally
known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose
name(s)is/are subscribed to the within instrument and
acknowledged to me that he/shelthey executed the
same in his/her/their authorized capacity(ies),and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s)acted executed the instrument.
By:
Deputy Clerk
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
1�
State of California
'
County of _ _L vs- 14-Y\.Q e(e Q ss.
On =3J 0 `` before me, S- n e r T.
Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public")
personally appeared t` C2 s� AA n v f eYA
'Name(s)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
EMU 1 CAJUAN pi S
� �'131�tt to be the person(s) whose name(s) is/are
Las
�lyPublic`� subscribed to the within instrument andI
IYiyCk � acknowledged to me that he/she/they executed
EMM "pow the same in his/her/their authorized
2
capacity(ies), and that by his/her/their ,
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) '
acted, executed the instrument.
I�
WITNESS my hand and official seal
Race Notary Seat Above Si re f Notary Potl lc
I ,I
OPTIONAL
i
I, Though the information below is not required by taw, it may prove valuable to persons relying on the document ,
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
I
r: Document Date: Number of Wages:
Signer(s) Other Than Named Above:
,I
Capacity(ies) Claimed by Signer
Signer's Mame:
El Individual
MEMO
Toa of thumb ere
El Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General '
D Attorney in Fact
5
❑ TrusteeI
❑ Guardian or Conservator
Other:
Signer is Representing:
01999 National Notary Association•9350 De Soto Ave„P.O.Boa 2402•Chatsworth,CA 91313-2402•www.natlnnaimiary.org Prod.No.5907 Reorder:Cell Toll-Free 1-900-876-6827
EXHIBIT A
LEGAL DESCRIPTION
REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA
FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD), RECORDED ON
AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, CONTRA COSTA COUNTY OFFICIAL RECORDS
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID
PARCEL LABELED AS NORTH 37°00'14" WEST 172.732 METERS (566.71 FEET) AS SAID LINE IS
SHOWN ON THE FINAL MAP OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK
427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS; THENCE ALONG LAST SAID LINE
NORTH 37000'14" WEST 75.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG LAST SAID LINE NORTH 37000'14" WEST 15.69 FEET; THENCE NORTH 00035'12" EAST
16.01 FEET; THENCE NORTH 52131'01" EAST 27.48 FEET; THENCE NORTH 84043'38" EAST 20.87
FEET TO THE GENERALLY NORTHEASTERLY LINE OF SAID PARCEL (4692 OR 455); THENCE
ALONG LAST SAID LINE SOUTH 37000'14" EAST 17.64 FEET; THENCE SOUTH 84143'38" WEST
25.81 FEET; THENCE SOUTH 52131'01"WEST 15.85 FEET; THENCE SOUTH 00035'12" WEST 16.97
FEET; THENCE SOUTH 52059'46"WEST 6.85 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 969 SQUARE FEET MORE OR LESS.
SEE EXHIBIT B -- PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART
HEREOF.
END OF DESCRIPTION
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