HomeMy WebLinkAboutCDC/2007-02
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, (See companion Resolution 2007-32)
RESOLUTION NO. CDCj2007-2
RESOLUTION OF TilE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING (1) THAT CERTAIN
PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF
SAN BERNARDINO ("CITY") AND THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") RELATED TO THE
PROPERTY LOCATED AT THE NORTHERLY TERMINUS OF LITTLE
LEAGUE DRIVE AND NORTH OF NANCY LANCE (1.345 ACRES APN:
0348-121-18) ("PROPERTY"); (2) THAT CERTAIN PURCHASE AND SALE
AGREEMENT BY AND BETWEEN THE AGENCY AND GFR
ENTERPRISES, INC. (RANCHO LINE, LLC) RELATED TO THE
PROPERTY; AND (3) AUTHORIZING TilE AGENCY EXECUTIVE
DIRECTOR TO EXECUTE SAID PURCHASE AND SALE AGREEMENTS
WHEREAS, the City of San Bernardino (the "City"), is a municipal corporation and charter
11 city, duly organized and existing pursuant to the provisions of the constitution of the State of
12 California ("State"); and
13 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
14 public body, corporate and politic organized and validly existing under the laws of the State and the
15 Agency is authorized under State Law to acquire and dispose of real property; and
16 WHEREAS, the City is the current owner of that certain real property consisting of
17 approximately 1.345 acres (APN: 0348-121-18) located at the northerly terminus of Little League
18 Drive and north of Nancy Lane in the City (the "Property"), and the City desires to dispose of the
19 Property to the Agency; and
20 WHEREAS, on December 5, 2006, the City's Board of Water Commissioners declared that
21 the Property is no longer necessary for the City's use and declared the Property as "surplus
22 property" and made a recommendation to the Mayor and Common Council of the City of San
23 Bernardino ("Council") to declare the Property surplus and authorized the transfer of the Property
24 to the Agency, and that the Agency ultimately dispose of the Property to GFR Enterprises, Inc.
25 (Rancho Line, LLC) ("Developer") at the fair market value, plus all costs associated with the sale
26 of the Property; and
27 WHEREAS, on November 13, 2006, an appraisal of the Property was completed by Tierra
28 West Appraisal (the "Appraisal") confimling a fair market value of Six Thousand Four Hundred
P\Agenda5\Rnolulions\Resolulions\2007\01-2Z..o7 GFR Purchase and Sale Agn..emelll CDC Reso B d<x:
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Dollars ($6,400) ("Fair Market Value"); and
2 WHEREAS, the City desires to sell the Property to the Agency at a sales price of not less
3 than the Fair Market Value, plus the appraisal and closing costs pursuant to the provisions of the
4 Purchase and Sale Agreement by and between the City and the Agency, the Charter of the City and
5 the provisions of the Municipal Code, including, without limitation, Section 2.65.050; and
6 WHEREAS, the Agency is entering into a Purchase and Sale Agreement with the
7 Developer, pursuant to which the Agency will simultaneously, with its purchase of the Property
8 from the City, sell the Property to the Developer for the Fair Market Value, plus closing costs, and
9 any other associated cost incurred by the City or the Agency and the Council must consent to said
10 sale of Property by the Agency to the Developer; and
II WHEREAS, the sale of the Property to the Agency, and the Agency to the Developer is
12 exempt under Class 12, Guidelines Section 15312 of the California Environmental Quality Act
13 (CEQA); and
14 WHEREAS, it IS appropriate for the Council and the Community Development
IS Commission ("Commission") to take action with respect to the sale of the Property to the Agency
16 and the subsequent disposition of the Property to the Developer.
17 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
18 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
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Section I.
The Recitals contained in this Resolution are true and correct in all respects.
Section 2.
On January 22, 2007, the Commission and the Council conducted a full and
21 fair joint public hearing and considered the written Agency Staff Report together with all other
22 documents relating to the sale of the Property and the Council deternlined that the sales price of
23 $6,400 is considered to be not less than the Fair Market Value of the Property pursuant to the
24 Appraisal report and the Commission concurs with said deternlination and hereby approves the
25 Purchase and Sale Agreement by and between the Agency and the City; and the Purchase and Sale
26 Agreement by and between the Agency and the Developer. The minutes of the City Clerk for the
27 January 22. 2007. joint public hearing of the Commission and the Council shall include a record of
28 all communication and testimony submitted to the Commission and the Council at the joint public
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1 hearing by interested persons relating to the Purchase and Sale Agreements.
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Section 3.
The Mayor is hereby authorized and directed to execute the Purchase and
3 Sale Agreement by and between the Agency and the City, and the Executive Director of the
4 Agency is hereby authorized and directed to execute the Purchase and Sale Agreement by and
5 between the Agency and the Developer, and to take all actions set forth in the agreements to close
6 the escrow transactions described therein and make such technical and conforming changes as
7 approved by the Agency Counsel.
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Section 4.
The Commission hereby finds that the sale of the Property is exempt in
9 compliance with CEQA and the determination notice shall be prepared and filed with the County
10 Clerk within five (5) days from date of the action of the Commission and the Council.
The Resolution shall become effective immediately upon its adoption.
11 Section 5.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
TilE CITY OF SAN BERNARDINO APPIWVING (I) THAT CERTAIN
I'URCIIASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF
SAN BERNAR[)INO ("CITY") AND Tim REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") RELATED TO THE
PROPERTY LOCATED AT TIlE NORTHERLY TERMINUS OF LITTLE
LEAGUE DRIVE AND NORTH OF NANCY LANCE (1.345 ACRES APN:
0348-121-(8) ("PIWPERTY"): (2) THAT CERTAIN PURCHASE AND SALE
AGREEMENT BY AND BETWEEN TilE AGENCY AND GFR
ENTERPIUSES, INC. (RANCHO LINE, LLC) RELATED TO THE
PROPERTY: AND (3) AUTHORIZING THE AGENCY EXECUTIVE
DIRECTOR TO EXECUTE SAID PURCHASE AND SALE AGREEMENTS
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I I-IEREllY CERTIFY that the foregoing Resolution was duly adopted by the Community
10 Development Comlllission of the City of San Bernardino at a joint regular
meeting
day of January
.2007. hy the tollowing vote to wit:
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Abstain
Absent
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-X-
-x-
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-X-
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22 The foregoing Resolution is hereby approved this oU/~1 day of Januarv ,2007.
(C~~~
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Esther Estrada,Vice Chairperson
Comlllunity Development Commission
of the City of San Bernardino
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Approved as to Form:
28 By: ~~~
Agency C lunsel
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CDC/2007-2
PURCHASE AND SALE AGREEMENT
Parcel Located at northerly terminus of Little League Drive and north of Nancy Lane
(1.345 acres APN: 0348-121-18)
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered
into as of the nnd day of January 2007, by and between the Redevelopment Agency of the City
of San Bernardino ("Seller"), and GFR Enterprises, Inc., a California corporation (Rancho Line,
LLC) ("Buyer").
RECITALS
(A) The Seller is a public body, corporate and politic organized and validly existing
under the laws of the State of California (the "State"), and the Buyer is a California corporation
organized and validly existing under the laws of the State.
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(B) Seller owns certain property located in the City of San Bernardino, County of San
Bernardino more particularly described in Exhibit "A" hereto (the "Property").
(C) Seller intends to enter into this Agreement, whereby SeHer will convey the
Property to the Buyer for purposes of constructing a 76-unit upscale single-family subdivision or
provided, for a Parcel Map No. 17812. The Buyer intends to develop the Property in phases as
provided in this Agreement. The Developer will pay a purchase price for the Property of
$6,400, which purchase price shall be in addition to all closing costs, as may be necessary to
close the escrow hereunder and pursuant to the Purchase and Sale Agreement by and between the
Seller and the City. The Buyer and Seller wish to provide for a conveyance of the Property from
the Seller to the Buyer in order to implement pursuant to the Purchase and Sale Agreement by
and between the Seller and the City.
(D) The Seller and Buyer have duly approved the transactions contemplated by this
Agreement by approval of their respective governing bodies and board of directors, and in order
to set forth the terms and conditions of such purchase and sale, the Buyer and Seller desire to
enter into this Agreement.
NOW, THEREFORE, for and in consideration of the foregoing Recitals and the mutual
agreements hereinafter set forth, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE I
PURCHASE AND SALE
Section LOL Purchase and Sale. Subject to the terms and conditions of this
Agreement, Seller hereby agrees to sell, transfer and convey to the Buyer, and the Buyer hereby
agrees to purchase from Seller, all of Seller's right, title and interest in and to the Property,
excluding water rights.
PIAIlC'!ld:lf\Agenda Anao:hmrnl~\A8rT1'1...Amend 2007\01-22-07 GFIt Purchase and Sale ^grenncm. Agmcy 10 GFRdox
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Section 1.02. Purchase Price. The purchase price for the Property shall be Six
Thousand Four-Hundred Dollars ($6,400) (the "Purchase Price"). An MAl appraisal of the
Property has been conducted by Tierra West Appraisal (the "Appraiser"). According to the
report prepared by the Appraiser, the fair market value of the Property is $6,400. All amounts
received by the Seller from the Buyer under this Agreement for payment of all or any portion of
the purchase price thereunder shall, in turn, be paid by the Seller to the City. The City shall be
considered a third party beneficiary of the Seller's rights under this Agreement.
Section 1.03. Cash at Closing. The Purchase Price shall be paid to Seller in cash
at Closing (as defined in Section 3.01 hereof). Together with all closing costs and title insurance
and escrow fees hereunder and pursuant to the Purchase and Sale Agreement by and between the
Seller and the City.
ARTICLE II
TITLE INSURANCE
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Section 2.01. Seller's Obligation to Provide Title Insurance: Seller shall deliver
to the Buyer, within ten (10) days after the execution and delivery of this Agreement by both
parties (the "Effective Date"), a preliminary title report for an owner's title policy issued by
Orange Coast Title Company, together with legible copies of all restrictive covenants, easements
and other items listed as title exceptions therein (each a "Title Defect"). The title policy to be
issued to the Buyer pursuant to this section shall ensure fee simple title to the Buyer in the
amount of the Purchase Price, as adjusted pursuant hereto, subject only to the exceptions shown
therein to which the Buyer has agreed in writing. The Buyer shall have five (5) days after its
receipt of the preliminary title report within which to disapprove any Title Defects shown
therein, such approval or disapproval to be within the Buyer's reasonable discretion. If the
Buyer fails to disapprove any particular Title Defect by written notice delivered to and received
by Seller within such time period, then the Buyer shall be deemed to have approved such title
Defect. If the Buyer disapproves any such Title Defect by written notice delivered to and
received by Seller within such time period, then the Buyer may terminate this Agreement unless
Seller (without any obligation to do so) cures the Buyer's objection to such Title Defect. Title
Defects which the Buyer approves or has been deemed to have approved pursuant to this Section
shall have the option to either (a) extend the Closing by that period of time which is reasonably
required by Seller to satisfy the title requirement or to cure the Title Defect, or (b) terminate this
Agreement by written notice to the Buyer in accordance with the notice provisions of this
Agreement.
ARTICLE III
CLOSING
Section 3.01. Closing Through Escrow. Subject to the proVISions of this
Agreement, the Buyer and Seller shall consummate and close the purchase and sale of the
Property contemplated by this Agreement when all of the conditions of closing for the benefit of
the parties hereto have been satisfied or waived, and when and if all conditions precedent to the
close of escrow under this Agreement have been satisfied, but in no event later than July 31,
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2007 (the "Closing"). Subject to the provisions of this Agreement relating to the extension ofthe
Closing, if the Closing does not occur as a result of the failure of a condition, then the party
hereto for whose benefit the condition exists may terminate this Agreement, in which event the
parties hereto shall have no further rights or obligations pursuant to this Agreement.
The transfer and sale of the Property shall take place through an escrow (the
"Escrow") to be administered by Orange Coast Title Company or such other escrow or title
insurance company mutually agreed upon by the Buyer and the Seller (the "Escrow Agent").
The Escrow shall be deemed open upon the receipt by the Escrow Agent of a fully executed copy
of this Agreement. The Escrow Agent shall promptly confirm to the parties the escrow number
and the title insurance order number assigned to the Escrow. '
The Buyer and the Seller each agree to execute the customary supplemental
instructions in the form provided by the Escrow Agent to its clients in real property escrow
transactions administered by it.
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Section 3.02. Seller's Obligations at Closing. At Closing, Seller shall deliver to
the Escrow Agent the following documents (all duly executed and acknowledged by Seller,
where required):
a. Deed. A quitclaim deed in substantially the form attached to this
Agreement as Exhibit "B", executed by Seller and conveying the Property to the Buyer, subject
to no exceptions other than those agreed to by the Buyer.
b. Title Policv. A commitment by the Title Company to issue an owner's
title policy in CLTA standard form, naming the Buyer as the insured in the amount of the
Purchase Price, insuring that the Buyer owns fee simple title to the Property, subject only to such
exceptions as are agreed to by the Buyer
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Section 3.03. Buver's Obligation at Closing. At Closing, the Buyer shall deliver
to the Seller, the Purchase Price in cash or by wire transfer of readily available U.S. funds,
together with all closing costs, escrow and title insurance premiums as required pursuant to
Section 1.03 hereto.
Section 3.04. Closing Costs. Buyer shall pay all closing costs as set forth in
Sections 1.03 and 3.03.
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P IAgcndaslAgenda Anachmenl~\Agrmu..Amend 2007'101.22-07 GFR Purchase and Sale Agreerrcnl - Agency loGFR doc
IN WITNESS WHEREOF, the parties hereto have executed this Purchase and
Sale Agreement as of the date first above written.
"SELLER"
Redevelopment Agency of the City of San Bernardino
a public body, corp6fate and politic
( )
ByJ/L1 f~~~
Maggie Pacheco, Executive Director
Approved as to Form and Legal Content:
By:
\j~~~
Agency u sel
"BUYER"
GFR.Enterprises, Inc., a California corporation
(Rancho Line, LLC)
BY:~~
Title: 1":"If' t::'/"".."./?~n
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EXHIBIT "A"
Legal Description
All that certain real property in the City of San Bernardino, County of San Bernardino, State of
California, described as follows:
Parcel No. I
That portion of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West, San
Bernardino Meridian according to the U.S. Government township plat ,thereof, described as
follows:
Commencing at the intersection of the West line of said Section 36 with the North line of the
Rancho Muscupiabe as per plat thereof recorded in Book 7 of Maps, page 23, records of the
County Recorder of said County; thence North 01024' 24" West along said West line of Section
36, a distance of 1,063.47 feet; thence South 61035' 04" East, a distance of 220.40 feet to the
True Point of Beginning; thence continuing South 610 35' 04" East, a distance of 222.00 feet;
thence North 280 24' 56" East a distance of 264.00 feet; thence North 610 35' 04" West, a
distance of 222.00 feet; thence South 280 24' 56" West, a distance of 264.00 feet to the True
Point of Beginning.
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Parcel No.2
An easement for ingress and egress and for pipe lines and appurtenant facilities, in, over, under
and across that portion of the following described property lying within the Southwest one-
quarter of Section 36, Township 2 North, Range 5 West, San Bernardino Meridian according to
the U.S. Government township plat thereof:
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Those portions of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West,
San Bernardino Meridian according to the U.S. Government township plat thereof and those
portions of Block 80 and 81, Irvington Land and Water Company Subdivision as per plat thereof
recorded in Book I of Records of Survey, page 32, records of the County Recorder of said
County and being a strip of land 20.00 feet wide, the centerline thereof being described as
follows:
Beginning at the intersection of the centerlines of Belmont Avenue and Little League Drive
(Cypress A venue) as said Streets are delineated on the Map of said Irvington Land and Water
Company Subdivision; thence North 270 44' 30" East along said centerline of Little League
Drive (Cypress Avenue), a distance of689.66 feet; thence North 630 20' 00" West, a distance of
8.00 feet; thence North 280 01' 37" East, a distance of 351.68 feet to the beginning of a tangent
curve, concave Westerly and having a radius of 234.13 feet; thence Northerly along said curve
through a central angle of280 44' 52", a distance of 117.47 feet; thence North 00 31' IS" West, a
distance of 41.05 feet to the beginning of a tangent curve, concave Easterly and having a radius
of 367.95 feet; thence Northerly along said curve through a central angle of 270 29' 22", a
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P\Agoendas,^gcoo.. AlIao;h~nlt\Agm1t5.Ammd 2007\01-22-07 GFR Purchase and Sale Agr<<menl - AgcncytoGFR do.;
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distance of 176.54 feet; thence North 260 52' 07" East a distance of 58.23 feet to a point on the
centerline of Ohio A venue, said point being Northwesterly thereon, a distance of 98.12 feet from
its intersection with the centerline of said Little League Drive (Cypress Avenue); thence
continuing North 260 52' 07" East, a distance of 77.24 feet to the beginning of a tangent curve,
concave Southeasterly and having a radius of 183.64 feet; thence Northeasterly along said curve
through a central angle of360 II' 15", a distance of 115.98 feet; thence North 630 03' 22" East a
distance of 30.45 feet to the beginning of a tangent curve, concave Northwesterly and having a
radius of 90.44 feet; thence Northeasterly along said curve through a central angle of 510 53'
15", a distance of 81.90 feet; thence North 110 10' 07" East a distance of 59.08 feet to the
beginning of a tangent curve concave Southeasterly and having a radius of 196.14 feet; thence
Northeasterly along said curve through a central angle of 36040' 15", a di.stance of 125.53 feet;
thence North 470 50' 22" East, a distance of 79.11 feet to the beginning of a tangent curve
concave Westerly and having a radius of 132.92 feet; thence Northerly along said curve through
a central angle of 620 05' OT', a distance of 144.03 feet; thence North 140 14' 45" West, a
distance of 52.39 feet to the beginning of a tangent curve, concave Easterly and having a radius
of 139.02 feet; thence Northerly along said curve through a central angle of 460 41' 22", a
distance of 113.28 feet; thence North 320 26' 37" East, a distance of 84.58 feet to the beginning
ofa tangent curve, concave Westerly and having a radius of 151.54 feet; thence Northerly along
said curve through a central angle of430 12' 04", a distance of 114.26 feet; thence North 10045'
27" West, a distance of 212.27 feet to the beginning of a tangent curve, concave Easterly and
having a radius of 198.91 feet; thence Northerly along said curve through a Central angle of 110
29' 00", a distance of 39.87 feet; thence North 00 43' 33" East, a distance of 79.20 feet to the
beginning of a tangent curve, concave Westerly and having a radius of 691.99 feet; thence
Northerly along said curve through a central angle of 160 26' 45", a distance of 198.62 feet;
thence North 15043' 12" West, a distance of 64.27 feet to the beginning of a tangent curve,
concave Easterly and having a radius of 143.09 feet; thence Northerly along said curve through a
central angle of 380 31' 22", a distance of 96.20 feet; thence North 220 48' 10" East, a distance
of 62.32 feet to the beginning of a tangent curve concave Southeasterly and having a radius of
1590.77 feet; thence Northeasterly along said curve through a central angle of 020 31' 15" a
distance of69.99 feet; thence North 25019' 25" East a distance of211.85 feet to a point in the
Southwesterly line of Parcel No. I hereinabove described, said point being Southeasterly
thereon, a distance of 105.00 feet from the most Westerly comer thereof, and the Point of
Temlination.
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EXCEPTING therefrom those portions thereof as previously dedicated for Street purposes.
The sidelines of said easement shall temlinate in the Southwesterly line of said above described
Parcel No. I.
The easement herein granted shall include the right to construct, reconstruct, inspect, maintain
and repair the pipe lines and appurtenant facilities.
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EXHIBIT "8"
Quitclaim Deed
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RECORDING REQUESTED BY
AND WHEN RECORDED
RETURN TO:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
ATTN.: MAGGIE PACHECO, EXECUTIVE DIRECTOR
201 NORTH "E" STREET, SUITE 301
SAN BERNARDINO, CALIFORNIA 92401
(Space Above for Recorder's Use)
Recording Fee Exempt Pursuant to Government Code Section 6103
QUITCLAIM DEED
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QUITCLAIM DEED
Documentary Transfer Tax -0-
FOR A V ALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic,
hereby REMISES, RELEASES and QUITCLAIMS to GFR Enterprisys, Inc., a California
corporation (Rancho Line, LLC) all that real property situated in the City of San Bernardino,
County of San Bernardino, State of California, described as:
SEE EXHIBIT "A" hereto
Dated:
,2007
Redevelopment Agency of the City
of San Bernardino
Maggie Pacheco, Executive Director
(STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO)
On
before me,
(here insert
officer), personally
(Seal)
name and title of the
appeared
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/she/they 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.
WITNESS my hand and official seal.
Signature
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f>\Ag~nda5\Agenda AU:KhmcnlslAgrmll-Amend 2007101-22-07 GFR Pun;hasc and Sail:: A~mclll _ Agency IOGfR due
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EXHIBIT "A"
Property Description
All that certain real property in the City of San Bernardino, County of San Bernardino, State of
California, described as follows:
Parcel No. I
That portion of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West, San
Bernardino Meridian according to the U.S. Government township p(at thereof, described as
follows:
Commencing at the intersection of the West line of said Section 36 with the North line of the
Rancho Muscupiabe as per plat thereof recorded in Book 7 of Maps, page 23, records of the
County Recorder of said County; thence North 01024' 24" West along said West line of Section
36, a distance of 1,063.47 feet; thence South 610 35' 04" East, a distance of 220.40 feet to the
True Point of Beginning; thence continuing South 610 35' 04" East, a distance of 222.00 feet;
thence North 280 24' 56" East a distance of 264.00 feet; thence North 610 35' 04" West, a
distance of 222.00 feet; thence South 280 24' 56" West, a distance of 264.00 feet to the True
Point of Beginning.
Parcel No.2
An easement for ingress and egress and for pipe lines and appurtenant facilities, in, over, under
and across that portion of the following described property lying within the Southwest one-
quarter of Section 36, Township 2 North, Range 5 West, San Bernardino Meridian according to
the U.S. Government township plat thereof:
Those portions of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West,
San Bernardino Meridian according to the U.S. Government township plat thereof and those
portions of Block 80 and 81, lrvington Land and Water Company Subdivision as per plat thereof
recorded in Book I of Records of Survey, page 32, records of the County Recorder of said
County and being a strip of land 20.00 feet wide, the centerline thereof being described as
follows:
Beginning at the intersection of the centerlines of Belmont Avenue and Little League Drive
(Cypress Avenue) as said Streets are delineated on the Map of said lrvington Land and Water
Company Subdivision; thence North 270 44' 30" East along said centerline of Little League
Drive (Cypress Avenue), a distance of689.66 feet; thence North 630 20' 00" West, a distance of
8.00 feet; thence North 280 01' 37" East, a distance of 351.68 feet to the beginning of a tangent
curve, concave Westerly and having a radius of 234.13 feet; thence Northerly along said curve
through a central angle of280 44' 52", a distance of 117.47 feet; thence North 00 31' 15" West, a
distance of 41.05 feet to the beginning of a tangent curve, concave Easterly and having a radius
of 367.95 feet; thence Northerly along said curve through a central angle of 270 29' 22", a
distance of 176.54 feet; thence North 260 52' 07" East a distance of 58.23 feet to a point on the
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centerline of Ohio Avenue, said point being Northwesterly thereon, a distance of 98.12 feet from
its intersection with the centerline of said Little League Drive (Cypress Avenue); thence
continuing North 260 52' 07" East, a distance of 77.24 feet to the beginning of a tangent curve,
concave Southeasterly and having a radius of 183.64 feet; thence Northeasterly along said curve
through a central angle of360 11' 15", a distance of 115.98 feet; thence North 630 03' 22" East a
distance of 30.45 feet to the beginning of a tangent curve, concave Northwesterly and having a
radius of 90.44 feet; thence Northeasterly along said curve through a central angle of 51053'
IS", a distance of 81.90 feet; thence North 110 10' 07" East a distance of 59.08 feet to the
beginning of a tangent curve concave Southeasterly and having a radius of 196.14 feet; thence
Northeasterly along said curve through a central angle of360 40' IS", a distance of 125.53 feet;
thence North 470 50' 22" East, a distance of 79.11 feet to the begirlning of a tangent curve
concave Westerly and having a radius of 132.92 feet; thence Northerly along said curve through
a central angle of 620 05' 07", a distance of 144.03 feet; thence North 140 14' 45" West, a
distance of 52.39 feet to the beginning of a tangent curve, concave Easterly and having a radius
of 139.02 feet; thence Northerly along said curve through a central angle of 460 41' 22", a
distance of 113.28 feet; thence North 320 26' 37" East, a distance of 84.58 feet to the beginning
of a tangent curve, concave Westerly and having a radius of 151.54 feet;' thence Northerly along
said curve through a central angle of 430 12' 04", a distance of 114.26 feet; thence North 10045'
27" West, a distance of 212.27 feet to the beginning of a tangent curve, concave Easterly and
having a radius of 198.91 feet; thence Northerly along said curve through a central angle of 110
29' 00", a distance of 39.87 feet; thence North 00 43' 33" East, a distance of 79.20 feet to the
beginning of a tangent curve, concave Westerly and having a radius of 691.99 feet; thence
Northerly along said curve through a central angle of 160 26' 45", a distance of 198.62 feet;
thence North 15043' 12" West, a distance of 64.27 feet to the beginning of a tangent curve,
concave Easterly and having a radius of 143.09 feet; thence Northerly along said curve through a
central angle of 380 31' 22", a distance of 96.20 feet; thence North 220 48' 10" East, a distance
of 62.32 feet to the beginning of a tangent curve concave Southeasterly and having a radius of
1590.77 feet; thence Northeasterly along said curve through a central angle of 02031' IS" a
distance of 69.99 feet; thence North 250 19' 25" East a distance of 211.85 feet to a point in the
Southwesterly line of Parcel No. I hereinabove described, said point being Southeasterly
thereon, a distance of 105.00 feet from the most Westerly comer thereof, and the Point of
Termination.
EXCEPTING therefrom those portions thereof as previously dedicated for Street purposes.
The sidelines of said easement shall terminate in the Southwesterly line of said above described
Parcel No. I.
The easement herein granted shall include the right to construct, reconstruct, inspect, maintain
and repair the pipe lines and appurtenant facilities.
11
P_\Agenda5\Agcnda Anochrrcnl$\Agmn..Amcnd 2007101-22.(17 (iFR Pur~hasc: and Sale Agrttml:rll. Agency loGFR doc