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Private Streets Maintenance Agreement 2022-0001606RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2022-0001606 11111111111111111 I I I I 111111111111111111111 I I I I 111111 I I I I I I I I I 11111 I I I I Jan 03, 2022 02:13 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $281.00 (SB2 Atkins: $225.00) PAGES: 15 Z!OO o Alga (20 (THIS SPACE FOR RECORDER'S USE) APN 277-070-34-00, 277-240-01-00 thru 277-240-18-00 and 277-241-01-00 thru 277-241-17-00 PRIVATE STREETS MAINTENANCE AGREEMENT This PRIVATE STREETS MAINTENANCE AGREEMENT ("Agreement"), dated for reference purposes as the a day of December 2021 , is entered into between HVR Poway L.P., (hereinafter referre to as "DEVELOPER"), Hidden Valley Ranch Homeowners Association, a Nonprofit Mutual Benefit Corporation in the State of California (hereinafter referred to as "ASSOCIATION"), and the CITY OF POWAY, a municipal corporation (hereinafter referred to as "CITY"), for the benefit of future subdivision lot owners who will use the PRIVATE STREETS (hereinafter referred to as "LOT OWNERS," which shall include the DEVELOPER to the extent the DEVELOPER retains any ownership interest in any lot or lots within the PROPERTY). WHEREAS, this Agreement is required as a condition of approval by the CITY of a subdivision project; and WHEREAS, this Agreement terminates, rescinds and fully supersedes that certain private streets maintenance agreement dated June 19, 2008, recorded on August 11, 2008 with the San Diego County Recorder's Office as Document No. 2008-0428124 ("PRIOR AGREEMENT"); and WHEREAS, DEVELOPER wishes to provide for the maintenance and repair of those certain PRIVATE STREETS described and shown on Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "PRIVATE STREETS"); and WHEREAS, DEVELOPER is the owner of certain real property being subdivided and developed as Hidden Valley Ranch (TTM 17-005) that will use and enjoy the benefit of such PRIVATE STREETS. A complete legal description of said real property is included in Exhibit B attached hereto and made a part hereof. Said real property is hereinafter referred to as the "PROPERTY"; and WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREETS be maintained in a safe and usable condition; and WHEREAS, it is the mutual desire of the parties hereto to establish a method for the maintenance and repair of the PRIVATE STREETS and for the apportionment of the RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 �Tl zIci o hie l2O (THIS SPACE FOR RECORDER'S USE) APN 277-070-34-00, 277-240-01-00 thru 277-240-18-00 and 277-241-01-00 thru 277-241-17-00 PRIVATE STREETS MAINTENANCE AGREEMENT This PRIVATE STREETS MAINTENANCE AGREEMENT ("Agreement"), dated for reference purposes as the day of December 2021 , is entered into between HVR Poway L.P., (hereinafter referre to as "DEVELOPER"), Hidden Valley Ranch Homeowners Association, a Nonprofit Mutual Benefit Corporation in the State of California (hereinafter referred to as "ASSOCIATION"), and the CITY OF POWAY, a municipal corporation (hereinafter referred to as "CITY"), for the benefit of future subdivision lot owners who will use the PRIVATE STREETS (hereinafter referred to as "LOT OWNERS," which shall include the DEVELOPER to the extent the DEVELOPER retains any ownership interest in any lot or lots within the PROPERTY). WHEREAS, this Agreement is required as a condition of approval by the CITY of a subdivision project; and WHEREAS, this Agreement terminates, rescinds and fully supersedes that certain private streets maintenance agreement dated June 19, 2008, recorded on August 11, 2008 with the San Diego County Recorder's Office as Document No. 2008-0428124 ("PRIOR AGREEMENT"); and WHEREAS, DEVELOPER wishes to provide for the maintenance and repair of those certain PRIVATE STREETS described and shown on Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "PRIVATE STREETS"); and WHEREAS, DEVELOPER is the owner of certain real property being subdivided and developed as Hidden Valley Ranch (TTM 17-005) that will use and enjoy the benefit of such PRIVATE STREETS. A complete legal description of said real property is included in Exhibit B attached hereto and made a part hereof. Said real property is hereinafter referred to as the "PROPERTY"; and WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREETS be maintained in a safe and usable condition; and WHEREAS, it is the mutual desire of the parties hereto to establish a method for the maintenance and repair of the PRIVATE STREETS and for the apportionment of the expense of such maintenance and repair; and WHEREAS, DEVELOPER has created or will create the ASSOCIATION, to which the LOT OWNERS will belong, for the purposes of maintaining, repairing, and replacing the common areas within the PROPERTY, including, without limitation, the PRIVATE STREETS. As each phase of the PROPERTY is annexed to the jurisdiction of the ASSOCIATION pursuant to the Declaration of Covenants, Conditions and Restrictions for Hidden Valley Ranch Homeowners Association. ("Declaration") recorded or to be recorded against the PROPERTY by DEVELOPER, the ASSOCIATION shall assume all maintenance obligations regarding the PRIVATE STREETS within each annexed phase of the PROPERTY; and WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with the land, binding upon each successive LOT OWNER of all or any portion of the PROPERTY. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The property benefited by this Agreement is the PROPERTY. The present and successive LOT OWNERS of all or any portion of the PROPERTY are expressly bound hereby for the benefit of the PROPERTY. 2. The cost of maintaining the PRIVATE STREETS shall be divided equally among the subdivided parcels created in the PROPERTY and paid by each LOT OWNER or his or her heirs, assigns and successors in interest. Such costs and expenses shall be collected by the ASSOCIATION as assessments in accordance with the Declaration. 3. The repairs and maintenance to be performed under this Agreement by or on behalf of the ASSOCIATION shall be limited to the following, unless the consent for additional work is given by the Board of Directors of the ASSOCIATION: reasonable and normal road improvement maintenance work to adequately maintain the PRIVATE STREETS and any related drainage facilities to permit normal access, ingress and egress to and from the lots within the PROPERTY. Repairs and maintenance under this Agreement shall include, but are not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris, maintaining signs, markers, striping and lighting, if any, and such other work as is reasonably necessary or proper to repair and preserve the PRIVATE STREETS for normal access, ingress and egress purposes. 4. The obligation of the ASSOCIATION to repair and maintain the PRIVATE STREETS within each phase of development of the PROPERTY, as herein set forth, shall commence upon the occurrence of both of the following events: (a) when the PRIVATE STREET improvements have been completed and approved by the CITY, and (b) such phase of the PROPERTY has been annexed to the jurisdiction of the ASSOCIATION pursuant to the Declaration. DEVELOPER (and/or any successor developer to which any portion of the PROPERTY is conveyed prior to annexation pursuant to the Declaration) shall maintain the PRIVATE STREETS prior to the occurrence of the events described in items (a) and (b) preceding. 2— 5. The cost of any extraordinary repair required to correct damage to the PRIVATE STREETS shall be the responsibility of the party causing the need for such extraordinary repair. If any such extraordinary repair is caused by a LOT OWNER, the ASSOCIATION shall assess and collect a Reimbursement Assessment against such LOT OWNER pursuant to the Declaration in the amount of the costs of such extraordinary repair. The ASSOCIATION shall promptly commence and effect such extraordinary repair. The repair shall be such as to restore the PRIVATE STREET to the condition existing prior to said damage. 6. Should any LOT OWNER fail to pay the pro rata share of costs and expenses as provided in this Agreement and the Declaration, then the ASSOCIATION shall thereafter have all rights with regard to collection of delinquent assessments as are provided in the Declaration. 7. The ASSOCIATION shall at all times maintain liability insurance covering its activities with regard to use and maintenance of the PRIVATE STREETS. In the event the ASSOCIATION retains a contractor to perform any of its maintenance obligations with regard to the PRIVATE STREETS, the ASSOCIATION shall require such contractor likewise to maintain liability insurance to cover any liability arising as a result of its activities with regard to such maintenance activities. 8. LOT OWNERS and the ASSOCIATION shall jointly and severally defend and indemnify and hold harmless CITY, CITY's engineer and their consultants and each of their officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fees, incurred by or payable to any other LOT OWNER, any user of the PRIVATE STREETS, or to any other third parties arising out of or in any way related to the use, repair or maintenance of the PRIVATE STREETS. Nothing in this Agreement, the specifications, or other contract documents or CITY's approval of the plans and specifications for or inspection of the work regarding the PRIVATE STREETS is intended to include a review, inspection, or acknowledgment of a responsibility for any such matter, and CITY, CITY's engineer, and their consultants, and each of their officials, directors, officers, employees and agents, shall have absolutely no responsibility or liability therefore. 9. If in the CITY's sole judgment the PRIVATE STREETS are not being maintained to standards set forth in Paragraph 4 of this Agreement, the CITY may thereupon provide written notice to the Board of Directors of the ASSOCIATION to initiate repairs or construction within ninety (90) days. Upon failure to demonstrate good faith to make repairs or construction within ninety (90) days of receipt of such notice, the LOT OWNERS and the ASSOCIATION agree that the CITY may make all needed repairs to the PRIVATE STREETS to meet the standards set forth in Paragraph 4 and to then assess the costs thereof to the ASSOCIATION. The ASSOCIATION shall reimburse the CITY for all reasonable costs incurred by the CITY in connection with such maintenance activities. If the ASSOCIATION does not so reimburse the CITY within thirty (30) days after CITY's demand, then CITY may pursue all of its remedies at law or in equity. 10. If the CITY elects to make necessary repairs in accordance with Paragraph 9 above, said work shall be without warranty. Said repair shall be accepted "as is" by the LOT OWNERS and the ASSOCIATION without any warranty of workmanship. 11. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each of the LOT OWNERS and each and every person who shall at any time own all or any portion of the PROPERTY referred to herein. 12. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors and assigns of each of the LOT OWNERS and the ASSOCIATION. 13. It is the purpose of the signatory hereto that this instrument be recorded to the end and intent that the obligations hereby created shall be and constitute a covenant running with the land and any subsequent purchaser of all or any portion of the PROPERTY, by acceptance of delivery of a deed and/or conveyance, regardless of form, shall be deemed to have consented to and become bound by this AGREEMENT. 14. The terms of this Agreement may be amended in writing upon approval of the Board of Directors of the ASSOCIATION and consent of the CITY. 15. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby. 16. Upon the execution and recordation of this Agreement, the PRIOR AGREEMENT shall be terminated and have no further force and effect, and instead shall be superseded in its entirety by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. DEVELOPER: HVR Poway, L.P., A California Limited Partnership, Owner By: Poway Ranch GP, Inc., A California Corporation, Its General Partner Date: Barbara J. Mal• e, President (signatures must be notarized) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ss. County of S.A.., Y9/1.6v ) On ar-r-r Occe.M4.A.h. 2.4){ before me, i so F. .5.►,i'-t-1. , Notary Public, personally appeared /fir, .GAnm. , who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature JASON F. SMITH UCOMM. # 2370243 NOTARY PUBLIC - CALIFORNIA G) '#1 SAN DIEGO COUNTY O COMM. EXPIRES AUG. 152025" ASSOCIATION: Hidden Valley Ranch Homeowners Association, a California Nonprofit Mutual Benefit Corporation Barbara J. Malone, President atto A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ss. County of SA, o il:v. On 3 i a l before me, TAS F �M %� �+ Notary Public, personally appeared .ort33A S .wo6 _&- , who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4 JASON F. SMITH 7 Qa�!��'COMM. # 2370243 �,itAI NOTARY PUBLIC • CALIFORNIA 2 tbvi;\,,^ SAN DIEGO COUNTY n 'IF•RN COMM. EXPIRES AUG.15, 2025 CITY OF POWAY: elod cco, City Engineer II qka /li1<lock! Chris 1►nc PDCCP (signature must be notarized) Approved as to Form: Office of the City Attorney —f.(AIan'Fen sterm the r, ity •'rney O e{+ Date: Date: i 3OZ /2/3a/P/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On DA- 5(v\ c<,G Date personally appeared c ) before me, I"T` er< S9e' t2C k)vri-C•14.1 Here Insert Name and Title of the Officer rte\cdj (Vs-tr f9GCZv Name(s) of Signer(s) who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ALFRED SPERRAllO Notary Public - California San Diego County Commission # 2357015 My Comm. Expires May 10. 2025 Place Notary Seal Above WITNESS my hand and official seal. Signature Si. ature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator LI Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" WA giiiiiiiiiii "PRIVATE STREET" EXHIBIT LEGEND INDICATES LOT D (PRIVATE STREET) INDICATES LOT E (PRIVATE STREET) INDICATES PRIVATE ACCESS EASEMENT LAS LUCES DEL CIELO (LOT D) CTR 1/4 COR. SEC 19 S 1/4 COR. SEC 19 LOT E CITY OF POWAY TRACT NO. 15-001 LOT E SCALE:I1"= 700' Page 1 of 5 EXHIBIT "B" A TRACT OF LAND BEING A PORTION OF THE SOUTH HALF OF SECTION 19 AND THE SOUTH HALF OF SECTION 20, ALL IN TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 19, THENCE ALONG THE NORTH LINE OF THE SAID SOUTH HALF OF SECTION 19, NORTH 87°44'53" EAST 1218.33 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 39°54'59" EAST 263.08 FEET TO THE BEGINNING OF A NONTANGENT 254.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID BEGINNING BEARING NORTH 34°27'53" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°17'57" AN ARC DISTANCE OF 36.79 FEET; THENCE SOUTH 47°14'10" WEST 91.57 FEET TO THE BEGINNING OF A 146.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°45'41" AN ARC DISTANCE OF 119.16 FEET TO THE TERMINUS OF SAID CURVE AND A POINT OF CUSP WITH A TANGENT LINE; THENCE SOUTH 86°00'09" EAST 114.22 FEET TO THE BEGINNING OF A 272.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°39'42" AN ARC DISTANCE OF 60.11 FEET TO A POINT OF CUSP WITH A TANGENT 22.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 16°39'33" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 120°34'37" AN ARC DISTANCE OF 46.30 FEET; THENCE NORTH 47°14'10" EAST 77.76 FEET TO THE BEGINNING OF A 212.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 74°28'46" AN ARC DISTANCE OF 275.58 FEET TO THE TERMINUS OF SAID CURVE AND THE BEGINNING OF A NONTANGENT LINE, WITH A RADIAL LINE TO SAID TERMINUS BEARING NORTH 31°42'56" EAST; THENCE SOUTH 60°33'06" EAST 40.99 FEET; THENCE SOUTH 32°28'41" EAST 159.07 FEET; THENCE SOUTH 03°16'11" EAST 171.99 FEET; THENCE SOUTH 21°42'38" WEST 192.12 FEET; THENCE SOUTH 41°00'13" WEST 173.78 FEET; THENCE SOUTH 86°29'36" WEST 74.19 FEET; THENCE NORTH 86°19'02" WEST 81.73 FEET TO THE BEGINNING OF A NONTANGENT 80.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 14°38'10" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91°33'55" AN ARC DISTANCE OF 127.85 FEET; THENCE NORTH 16°12'05" EAST 56.83 FEET; THENCE NORTH 49°29'22" EAST 90.77 FEET; THENCE NORTH 02°39'53" EAST 21.94 FEET; THENCE SOUTH 49°29'22" WEST 121.40 FEET; THENCE NORTH 77°50'35" WEST 72.52 FEET; THENCE NORTH 27°53'21" WEST 135.70 FEET TO THE BEGINNING OF A NONTANGENT 229.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 47°32'55" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48°47'56" AN ARC DISTANCE OF 195.04 Page 2 of 5 FEET; THENCE NORTH 88°44'59" WEST 138.76 FEET TO THE BEGINNING OF A 130.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80°48'00" AN ARC DISTANCE OF 183.34 FEET; THENCE SOUTH 10°27'01" WEST 176.48 FEET; THENCE SOUTH 67°59'58" WEST 198.67 FEET; THENCE NORTH 88°09'49" WEST 205.59 FEET; THENCE NORTH 41°36'39" WEST 68.35 FEET TO THE BEGINNING OF A NONTANGENT 256.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 48°28'48" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°42'08" AN ARC DISTANCE OF 123.77 FEET TO A POINT OF REVERSE CURVATURE WITH A 18.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 20°46'40" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78°33'55" AN ARC DISTANCE OF 24.68 FEET TO A POINT OF REVERSE CURVATURE WITH A 248.00 FOOT RADIUS CURVE CONCAVE WESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 80°39'25" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°25'56" AN ARC DISTANCE OF 101.42 FEET TO A POINT OF REVERSE CURVATURE WITH A 212.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 75°54'39" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88°31'27" AN ARC DISTANCE OF 327.55 FEET TO A POINT OF REVERSE CURVATURE WITH A 248.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 15°33'54" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°45'18" AN ARC DISTANCE OF 68.19 FEET TO THE TERMINUS OF SAID CURVE AND THE BEGINNING OF A NONTANGENT LINE, WITH A RADIAL LINE TO SAID TERMINUS BEARING NORTH 31°19'12" EAST; THENCE NORTH 65°45'38" EAST 579.87 FEET; THENCE SOUTH 24°14'22" EAST 89.31 FEET; THENCE NORTH 70°49'48" EAST 130.75 FEET; THENCE NORTH 58°20'56" EAST 117.88 FEET; THENCE NORTH 70°59'25" EAST 50.06 FEET TO THE BEGINNING OF A 120.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62°17'42" AN ARC DISTANCE OF 130.47 FEET; THENCE SOUTH 46°42'53" EAST 70.88 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°09'17" AN ARC DISTANCE OF 70.93 FEET TO A POINT OF REVERSE CURVATURE WITH A 100.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 01°52'09" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°13'37" AN ARC DISTANCE OF 80.68 FEET; THENCE SOUTH 45°38'32" EAST 40.51 FEET TO THE BEGINNING OF A 200.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°46'31" AN ARC DISTANCE OF 163.27 FEET TO THE TERMINUS OF SAID CURVE AND THE BEGINNING OF A NONTANGENT LINE, WITH A RADIAL LINE TO SAID TERMINUS BEARING SOUTH 02°25'03" EAST; THENCE SOUTH 36°56'44" EAST 115.43 FEET; THENCE SOUTH 60°40'30" EAST 212.10 FEET; THENCE SOUTH 78°49'35" WEST 87.82 FEET TO THE BEGINNING OF A 70.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 111°34'49" AN ARC DISTANCE OF 136.33 Page 3of5 FEET; THENCE SOUTH 32°45'13" EAST 53.92 FEET TO THE BEGINNING OF A 46.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 110°42'25" AN ARC DISTANCE OF 88.88 FEET; THENCE SOUTH 77°57'12" WEST 56.41 FEET; THENCE NORTH 78°07'25" WEST 49.03 FEET TO THE BEGINNING OF A 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°09'18" AN ARC DISTANCE OF 98.28 FEET TO A POINT OF REVERSE CURVATURE WITH A 115.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 16°16'43" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°44'35" AN ARC DISTANCE OF 31.60 FEET; THENCE SOUTH 89°27'51" WEST 92.70 FEET; THENCE SOUTH 70°36'50" WEST 144.82 FEET; THENCE SOUTH 82°36'41" WEST 80.22 FEET; THENCE NORTH 88°08'33" WEST 101.81 FEET; THENCE NORTH 69°41'21" WEST 79.09 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°56'35" AN ARC DISTANCE OF 38.30 FEET; THENCE SOUTH 88°22'03" WEST 41.72 FEET TO THE BEGINNING OF A 130.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°25'27" AN ARC DISTANCE OF 41.80 FEET TO THE TERMINUS OF SAID CURVE AND THE BEGINNING OF A NONTANGENT LINE, WITH A RADIAL LINE TO SAID TERMINUS BEARING NORTH 20°03'24" WEST; THENCE SOUTH 27°35'01" WEST 33.58 FEET TO THE BEGINNING OF A NONTANGENT 180.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID BEGINNING BEARING NORTH 34°06'48" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°40'40" AN ARC DISTANCE OF 77.53 FEET; THENCE SOUTH 27°20'33" WEST 115.05 FEET; THENCE SOUTH 55°15'39" WEST 181.50 FEET; THENCE NORTH 69°22'16" WEST 222.15 FEET; THENCE NORTH 29°37'25" WEST 80.53 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91°18'45" AN ARC DISTANCE OF 159.37 FEET; THENCE SOUTH 59°03'50" WEST 39.14 FEET TO THE BEGINNING OF A 75.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39°48'50" AN ARC DISTANCE OF 52.12 FEET; THENCE NORTH 81°07'20" WEST 40.83 FEET TO THE BEGINNING OF A 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44°25'22" AN ARC DISTANCE OF 155.06 FEET; THENCE SOUTH 54°27'18" WEST 24.52 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°50'38" AN ARC DISTANCE OF 43.36 FEET; THENCE SOUTH 79°17'56" WEST 169.17 FEET; THENCE NORTH 23°10'47" WEST 186.45 FEET TO THE BEGINNING OF A NONTANGENT 216.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A RADIAL LINE TO SAID BEGINNING BEARING NORTH 29°54'47" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°21'26" AN ARC DISTANCE OF 76.74 FEET TO A POINT OF REVERSE CURVATURE WITH A 194.00 FOOT CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 09°33'21" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 68°16'44" AN ARC DISTANCE OF 231.19 FEET TO A POINT OF REVERSE Page 4 of 5 CURVATURE WITH A 216.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 77°50'05" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°46'25" AN ARC DISTANCE OF 104.70 FEET TO A POINT OF REVERSE CURVATURE WITH A 194.00 FOOT CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 50°03'40" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°55'29" AN ARC DISTANCE OF 94.55 FEET TO A POINT OF REVERSE CURVATURE WITH A 216.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 77°59'09" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70°04'15" AN ARC DISTANCE OF 264.16 FEET TO A POINT OF REVERSE CURVATURE WITH A 194.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 07°54'54" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 68°23'56" AN ARC DISTANCE OF 231.59 FEET; THENCE SOUTH 13°41'10" WEST 164.34 FEET; THENCE SOUTH 89°49'50" EAST 2.34 FEET; THENCE NORTH 21°56'52" EAST 145.65 FEET TO THE BEGINNING OF A 122.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50°28'42" AN ARC DISTANCE OF 107.48 FEET; THENCE NORTH 72°25'34" EAST 107.25 FEET TO THE BEGINNING OF A 488.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°07'23" AN ARC DISTANCE OF 307.67 FEET; THENCE NORTH 36°18'11" EAST 71.85 FEET TO THE BEGINNING OF A 164.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 95°24'50" AN ARC DISTANCE OF 273.11 FEET TO A POINT OF REVERSE CURVATURE WITH A 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 41°43'01" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54°33'38" AN ARC DISTANCE OF 19.05 FEET TO A POINT OF REVERSE CURVATURE WITH A 42.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 12°50'37" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 99°20'17" AN ARC DISTANCE OF 72.82 FEET TO THE TERMINUS OF SAID CURVE AND THE BEGINNING OF A NONTANGENT LINE, WITH A RADIAL LINE TO SAID TERMINUS BEARING NORTH 86°29'41" EAST; THENCE SOUTH 84°23'35" EAST 198.60 FEET; THENCE SOUTH 26°21'26" EAST 71.02 FEET; THENCE SOUTH 27°39'20" WEST 25.97 FEET; THENCE SOUTH 64°02'26" WEST 28.96 FEET; THENCE SOUTH 08°38'47" EAST 354.30 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 19; THENCE ALONG SAID SOUTHERLY LINE SOUTH 82°59'46" WEST 391.98 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 19; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 89°49'50" WEST 1307.66 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE ALONG THE WESTERLY LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 19, NORTH 03°21'48" EAST 27.62 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 39°17'45" EAST 1310.61 FEET TO THE BEGINNING OF A 1400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°55'02" AN ARC DISTANCE OF 902.06 FEET; Page 5 of 5 THENCE NORTH 02°22'43" EAST 338.56 FEET TO THE BEGINNING OF A 1000.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°33'36" AN ARC DISTANCE OF 323.93 FEET; THENCE NORTH 20°56'19" EAST 200.80 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 19; THENCE ALONG SAID NORTH LINE, NORTH 87°44'53" EAST 199.41 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED AREA CONTAINS 99.088 ACRES MORE OR LESS. N,Al2\,1-, DEAN J • HNSON, P.L.S 4878 LANDM RK CONSULTING 20-6/MILEGALS/XHBT A.doc