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Private Streets Maintenance Agreement 2008-0428124 -- -- . 4615 DOC' 2008-0428124 , . 1111111111111111111111111111111111111111111111111111111111111111111111 RECORDING REQUESTED BY AUG 11.2008 2:27 PM .~~ CITY OF POWAY nFFlU,eL REC[lF:["~ Fi <:"c:.,N [IIEI~Ci COLltH'1 HEI 'IIF:[IER'S OFFII 'E AND WHEN RECORDED MAIL TO: I~F,EGOF"I ,I SMITH UJIIf'JT'1 F:EDJR[IEF: FEE'" 4~: nD tZf CITY CLERK PAGES: 12 CITY OF POWAY /(0YI POBOX 769 11111111111111111111111111111111111111111111111111111111111111111111111111111111 POWAY, CA 92074 (THIS SPACE FOR RECORDER'S USE) APNs: 277-070-33, 277-080-03 and 277-080-22 PRIVATE STREETS MAINTENANCE AGREEMENT This PRIVATE STREETS MAINTENANCE AGREEMENT ("Agreement"), dated for reference purposes as the 19'" day of June 2008, is entered into between Edward C. Malone and Barbara J. Malone, as Co-Trustees under Declaration of Trust dated December 14, 1972 (hereinafter referred to as "DEVELOPER"), Hidden Valley Ranch Homeowners Association, a Nonprom 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 as defined in Section 21065 of the Public Resources Code; 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 (TIM 00-02) 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 apart hereof Said real property is hereinafter referred to as the "PROP ERTY", 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 Vallev Ranch Homeowners Association ("Declaration") recorded or to be recorded 03-0L10 . . . 4616 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: (al 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 tothe occurrence of the events described in items (a) and (b) preceding. 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 dam age. 6 The costs for maintenance of the PRIVATE STREETS shall be assessed as follows: Lots 27, 28 and 29 will be equally responsible for the maintenance costs for Lot C (Las . . 4617 Luces Del Cielo). Lots 32 through 41 will be equally responsible for the maintenance costs for Lot D (Upper Valley Ranch Rd). Lots 1 through 26, 30 and 31 will not be responsible for the maintenance costs for the PRIVATE STREETS Lots 1 through 41 will be responsibl e for the maintenance costs for the private storm drain facilities within the PROPERTY 7 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. 8. 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. 9 LOT OWNERS and the ASSOCIATION shall jointly and severally defend and indemnify and hold harm less 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, persona' 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 ofthe 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 responsibi lity or liability therefore. 10. If in the CITY engineer'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. Ifthe 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 11 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 AS SOCiA TION without any warranty of workmanship. 12. 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 . . . 4618 own all or any portion of the PROPERTY neferred to herein. 13. 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. 14. 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 PROPE RTY., 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 15. The terms of this Agneement may be amended in writing upon approval of the Board'of Directors of.the ASSOCIATION and consent of the CITY 16, This Agreement shall be governed by the laws ofthe.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 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter DEVELOPER: Date: 7-7-0g Date: p- !1-C/S> CITY OF POWAY Date: 07/0 g- P Approved as to Form: Office of the City Attorney gL04_~ Date: I - IC. - 08 Lisa oster, City Attorney . . CALIFORNIA ALL-PURPOSE 4'619 CERTIFICATE OF ACKNOWLEDGMENT State of California County of c.S'8# ~Cdg:~ On Ju<..j" 7, 2c>:9'b before me, C C <8 e&u.--' , #0 /-a"z l' ;/Z8t..-/C/ , , (Hde insert name and title of the officer) personally appeared c;Ou.h'};/2-0 C fr/4c...,CJ,r../c a/ld.,Z3/9~/2"q J /'-T/7L-CJNE' , who provedfo me on the basis of satisfactory evidence to be the person@)whose nam@~are subscribed to the within instrument and acknowledged to me that b_.'8kelthey executed the same in ~/their authorized capacityOOJ) and'that by hin,'her/their signatureG)lon the instrument theperso~ or the entityup6n.beifalfof which the perso@acted, executed the instrument. I certiJ)' under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is true and correct. f@ C.E.OEGUN 1 WITNESS my hand andofficial seal. _ ." '-':'. COMM. # 1775407 Z ~,: .: . NOTARY PUBL.lC- CALI'=ORNIA~ s;gna~t~O - , , SAN DIEGO COUNTY J l . .,' My Comm. Expires Oct: 23, 2911 ' (Notary . 'f . .u . . ADDITIONAL OPTIONAL INFORMATION INSTRU_CTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE A TI ACHED DOCUMENT Any acknowledgment completed in California must contain verbIage. exactlv as appears above'in the notarv section or U'separate ,acknowledgment fonn must be 'fl1V41e.. .s.I,ee.l's Y!lo'Y1..f~y?Qrl~ proper/v completed and attached to that document. The qnlv exception is if a document is to be recorded outside of California. In sllch instances, any alternative acknowledgment verbiage as may be printed on such a document so ,'long as the (Title or description of attached document) verbiage does not require the notan' to do something that is illegal for a notan' in "~/Yle.-r1r California (i.e. certifying the authOrized capacity of the signer). Please check the (Title or description of attached document continued) document carefilllv for proper notarial wording and attach thisform if required. Number of Page, leJ Document Date.J LI;...Ie . State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. I~, 6<:ZJ'i? . Date of notarization must be the date that the.signer(s).personallv appeared which must also be the same date the acknowledgment is completed. (Additionll;I'infonnation) . The notary public must print his or her name as it 'appears within his or her commission followed by a comma and th~n your titl~ (notary public). . Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER . Indicate the correct singular or plural fonus by crossing off incorrect fonus (Le. 0 Individual (s) ftelsheJtftey,- is IMe ) or circling the correct fonus. Failure to correctly indicate this infonnation may l,?ad to rejection of document recording. 0 Corporate Officer . The notary seal impression must be clear and photographically reproducible Impression must. not cover text or lines. If seal impression smudges, re.seal if a (Title) sufficient area pennits, otherwise complete a different acknowledgment fonn. 0 Partoer(s) . Signature,ofthe notary'public must match the signature on file with the office of the county Clerk.. 0 Attomey-in~Fact .:. "Additional irifonnation is not required but could ,help to ensure this fl Truste~ acknowledgment is not misused or attached to a different document. 0 Other .:. In~.icaie title'or'tyPe Ofattilched document, number of pages and date. .> IndicaJe,' the. capadty claimed' by the signer If the claim-ed capacity is a corporate .officer, indicate the title (i.e. CEO, CFO, Secretary) . Securely attach this document to the signed document 2008 Version CAPA vI2.1O.07 800"873~9865 www.NotaryClasses.com . . " 4620 CA~IF~.RNBA:J,\JI;;L~~U~IPOSE ACKNlOWLIEIDGJ\IIE_N1T ~~~~;;;;;,.o,.~~~~~~~~~~-~ ~~-s^""^=^~""""'",,,^~7'Y'>~~ State of.California } County of San Diego On Ja LI 17, z.tltl f before.me, Phyllis Shinn, Notary .Public Date (Jq$ It: L C"r ;;:;"" N,m, "d T;'Ie 0; th, 01';", personally 'appeared f/</)Aii< Name(s) ofSigner(s) who proved to me on the .basis of satisfactory evidence to be the persontXJ whose namel>{) is/a):el subscribed to the within inslrument and acknowledged to me that he/*Il~y executed the, same in his/l)(rlltM-' authorized capacity(i~), and that.~ his/~r/t~ signatureM on the instrument the person ,or the entity upon behalf of which the personO<l acted, executed the instrument. .- :':=~";';;l I certify under PENALTY OF PERJURY under the laws of the State oj California that the foregoing paragraph is j NotaiY PUDllc . CaIIIornIa I true and correct. ..- DIego Counlv . Place Notary Seal Above Signature OPTIONAL Though the information below is not required by taw, it may prove valuable lopersons 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: Document Date: Number of. Pages: Signer(s) Other Than Named Above: Capacity(ies) C'aimedby Signer(s) Signer's Name: Signer's Name: o Individual D Individual D Corporate Officer - Title(s): D Corporate Olticer - Title(s): D Partner - 0 Limited D General. D Partner - D Limited 0 General D Attorney in Fact o Attorney in Fact . D Trustee Top 01 thumb here o TrLlslee Top 01 thumb here o Guardian or Conservator o Guardian or Conservator o Other' o Other' Signer Is Representing: Signer Is .Represenling: ~~~~~~~~~~~~~~~~~~~~~~~~~~-y..."Y. @2007NationaINotaryAssocialion-9350DeSOloAve.,P.D.Box 2<102 .Chatsworlh,CA 9'f31~240?~:;vww.,Nationa)Notaryorg Item #5907 Aeorder:CaflToll.Frea 1-800-876.6827 .. . . 4621 EXHIBIT "A" PRIVA TE ROAD EXHIBIT LEGEND ~ INDICATES LOT D (PRIVATE ROAD) [ZZjINDICATES LOT C (PRIVATE ROAD) UPPER VALLEY RANCH RANCH ROAD ROAD (LOT D) CITY OF POWA Y TRACT NO 00- 02 -- LAS LUCES DU C1UO (LOT C) SCALE; ,"~ 700' 20 6/M/MISC-UWG/pv'ROADexh dwg . . 4622 SHEET 1 OF 5 EXHIBIT "B" SUBDIVISION BOUNDARY 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 87044'53" EAST 1218.33 FEET, THENCE LEAVING SAID NORTH LINE, SOUTH 39054'59" EAST 263.08 FEET TO THE BEGINNING OF A NONTANGENT 254.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, WITH A RADIAL LINE TO SAID BEGINNING BEARING NORTH 34027'53" WEST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67'11'47" AN ARC DISTANCE OF 29789 FEET TO A POINT OF REVERSE CURVATURE WITH A 486.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 32043'54" EAST, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17043'22" AN ARC DISTANCE OF 150.33 FEET, THENCE SOUTH 74059'28" EAST 31 78 FEET TO THE BEGINNING OF A 31400 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43'45'16" AN ARC DISTANCE OF 23979 FEET, THENCE SOUTH 31014'12" EAST 208.67 FEET TO THE BEGINNING OF A 216,00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70'33'16" AN ARC DISTANCE OF 265.98 FEET TO A POINT OF REVERSE CURVATURE WITH A 244,00 FOOT CURVE CONCAVE SOUTHERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 11047'28" EAST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49006'26" AN ARC DISTANCE OF 209 13 FEETTO A POINT OF REVERSE CURVATURE WITH A 216.00 FOOT CURVE CONCAVE NORTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 37018'58" EAST, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3CJo50'19" AN ARC DISTANCE OF 116,26 FEET TO A POINT OF REVERSE CURVATURE WITH A 24400 FOOT CURVE CONCAVE SOUTHWESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 06028'39" WEST, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53022'42" AN ARC DISTANCE OF 227.32 FEET, THENCE SOUTH 30008'39" EAST 117,60 FEET TO THE BEGINNING OF A 26.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53oS8'05" AN ARC DISTANCE OF 2449 FEET TO A POINT OF REVERSE CURVATURE WITH A 42.00 FOOT CURVE CONCAVE SOUTHWESTERLY, WITH A RADIAL LINE TO . . 4623 SHEET 2 OF 5 SAID POINT BEARING SOUTH 05053'16" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 143005'10" AN ARC DISTANCE OF 104.89 FEET TO THE BEGINNING OF A LINE RADIAL TO SAID CURVE, THENCE SOUTH 31001 '34" EAST 4.00 FEET RADIALLY TO THE BEGINNING OF A 46.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 144051'00" AN ARC DISTANCE OF 116.29 FEET TO A POINT OF REVERSE CURVATURE WITH A 22.00 FOOT CURVE CONCAVE WESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 66010'34" WEST, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53058'05" AN ARC DISTANCE OF 20.72 FEET, THENCE NORTH 30008'39" WEST 11760 FEET TO THE BEGINNING OF A 212.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53022'42" AN ARC DISTANCE OF 197 51 FEET TO A POINT OF REVERSE CURVATURE WITH A 248 00 FOOT RADIUS CURVE CONCAVE NORTHERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 06028'39'' EAST, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30050'19" AN ARC DISTANCE OF 133.48 FEET TO A POINT OF REVERSE CURVATURE WITH A 212.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 37018'58" WEST, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49006'26" AN ARC DISTANCE OF 181 70 FEET TO A POINT OF REVERSE CURVATURE WITH A 248.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 11047'28" WEST, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70033'16" AN ARC DISTANCE OF 305.39 FEET, THENCE NORTH 31014'12" WEST 208.67 FEET TO THE BEGINNING OF A 282.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43045'16" AN ARC DISTANCE OF 215.3S FEET, THENCE NORTH 74059'28" WEST 31 78 FEET TO THE BEGINNING OF A 518.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12010'19" AN ARC DISTANCE OF 11004 FEET TO A POINT OF CUSP OF SAID CURVE WITH A NONTANGENT LINE AND WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 27010'51" WEST, THENCE SOUTH 32028'41" EAST 159.07 FEET, THENCE SOUTH 03016'11" EAST 171 99 FEET, THENCE SOUTH 21042'38" WEST 192.12 FEET, THENCE SOUTH 41000'13" WEST 173.78 FEET, THENCE SOUTH 86029'36" WEST 74 19 FEET, THENCE NORTH 86019'02" 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 14038'10" WEST, THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91033'55" AN ARC DISTANCE OF 127.85 FEET, THENCE NORTH 16012'05" EAST 56.83 FEET, THENCE NORTH 49029'22" EAST 90.77 FEET, THENCE NORTH 02039'53" EAST 21.94 FEET, THENCE SOUTH 49029'22" WEST 121 40 FEET, THENCE NORTH 77050'35" WEST 72.52 FEET, THENCE NORTH 27053'21" WEST 135.70 FEET TO THE BEGINNING OF A NONTANGENT 229.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, WITH A RADIAL . . 4624 SHEET 3 OF 5 LINE TO SAID POINT BEARING SOUTH 47032'55" EAST, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48047'56" AN ARC DISTANCE OF 195.04 FEET, THENCE NORTH 88044'59" 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 80048'00" AN ARC DISTANCE OF 183,34 FEET, THENCE SOUTH 10027'01" WEST 176.48 .FEET, THENCE SOUTH 67059'58" WEST 198.67 FEET, THENCE NORTH 88009'49" WEST 205.59 FEET, THENCE NORTH 41036'39" 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 48028'48" EAST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27042'08" AN ARC DISTANCE OF 123.77 FEET TO A POINT OF REVERSE CURVATURE WITH A 18.00 FOOT CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 20046'28" EAST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78033'55" AN ARC DISTANCE OF 2468 FEET TO A POINT OF REVERSE CURVATURE WITH A 248.00 FOOT CURVE CONCAVE WESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 80039'25" WEST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23025'56" AN ARC DISTANCE OF 101 42 FEET TO A POINT OF REVERSE CURVATURE WITH A 212.00 FOOT CURVE CONCAVE NORTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 75054'39'' EAST, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88031'27" AN ARC DISTANCE OF 32755 FEET TO A POINT OF REVERSE CURVATURE WITH A 248.00 FOOT CURVE CONCAVE SOUTHWESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 15033'54" WEST, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15045'18" 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 31019'12" EAST, THENCE NORTH 65045'38" EAST 637.59 FEET, THENCE SOUTH Og011 '30" WEST 350.54 FEET TO THE BEGINNING OF A NONTANGENT 5000 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, WITH A RADIAL LINE TO SAID BEGINNING BEARING NORTH 14040'53" EAST, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 106038'15" AN ARC DISTANCE OF 93.06 FEET TO THE TERMINUS OF SAID CURVE AND THE BEGINNING OF A NONTANGENT LINE, WITH A RADIAL LINE TO SAID TERMINUS BEARING SOUTH 58040'52" EAST, THENCE SOUTH 75021'29" EAST 152.58 FEET, THENCE NORTH 28025'31" EAST 41.62 FEET, THENCE SOUTH 59050'04" EAST 205.33 FEET, THENCE SOUTH 20006'41" WEST 12378 FEET, THENCE SOUTH 79057'43" WEST 284.97 FEET, THENCE SOUTH 27020'33" WEST 190.63 FEET, THENCE SOUTH 55015'39" WEST 181.50 FEET, THENCE NORTH 69022'16" WEST 222.15 FEET, THENCE NORTH 29037'25" 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 91018'45" AN ARC DISTANCE OF 159.37 FEET, THENCE SOUTH 59003'50" WEST 39.14 FEET TO THE BEGINNING OF A 75.00 FOOT RADIUS CURVE . . \. 4625 SHEET 4 OF 5 CONCAVE NORTHERLY, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39048'50" AN ARC DISTANCE OF 52,12 FEET, THENCE NORTH 81007'20" 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 44025'22" AN ARC DISTANCE OF 155.06 FEET, THENCE SOUTH 54027'18" WEST 24.52 FEET TO THE BEGINNING OF A 10000 FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24050'38" AN ARC DISTANCE OF 43.36 FEET, THENCE SOUTH 79017'56" WEST 16917 FEET, THENCE NORTH 23010'47" 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 29054'47" WEST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20021'26" AN ARC DISTANCE OF 76.74 FEET TO A POINT OF REVERSE CURVATURE WITH A 19400 FOOT CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 09033'21" EAST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 68016'44" AN ARC DISTANCE OF 23119 FEET TO A POINT OF REVERSE CURVATUREWITH A 216.00 FOOT CURVE CONCAVE NORTHWESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 50050'05" WEST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27046'25" AN ARC DISTANCE OF 10470 FEET TO A POINT OF REVERSE CURVATURE WITH A 194.00 FOOT CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 50003'40" EAST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27055'29" AN ARC DISTANCE OF 94.55 FEET TO A POINT OF REVERSE CURVATURE WITH A 216.00 FOOT CURVE CONCAVE NORTHWESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 77059'09" WEST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70004'15" AN ARC DISTANCE OF 26416 FEET TO A POINT OF REVERSE CURVATURE WITH A 194.00 FOOT CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 07054'54" EAST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 68023'56" AN ARC DISTANCE OF 231.59 FEET, THENCE SOUTH 13041'10" WEST 164.34 FEET, THENCE SOUTH 89049'50" EAST 21.95 FEET, THENCE NORTH 21037'16" EAST 15539 FEET TO THE BEGINNING OF A 5000 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47007'08" AN ARC DISTANCE OF 4112 FEET, THENCE NORTH 68044'24" EAST 83.75 FEET TO THE BEGINNING OF A 600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08016'29" AN ARC DISTANCE OF 86.65 FEET, THENCE NORTH 60027'55" EAST 7443 FEET TO THE BEGINNING OF A 435.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30023'12" AN ARC DISTANCE OF 230.70 FEET TO A POINT OF REVERSE CURVATURE WITH A 10000 FOOT CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO . . /2.- 4626 SHEET 5 OF 5 SAID POINT BEARING SOUTH 59055'17" EAST, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17028'26" AN ARC DISTANCE OF 30.50 FEET, THENCE NORTH 47033'09" EAST 73.73 FEET, THENCE NORTH 54046'53" EAST 37.88 FEET, THENCE NORTH 81011'54" EAST 83.03 FEET, THENCE SOUTH 64023'43" EAST 30267 FEET, THENCE NORTH 58009'30" EAST 129.76 FEET, THENCE SOUTH 56'04'08" EAST 382.49 FEET, THENCE NORTH 86016'19" EAST 143.76 FEET, THENCE SOUTH 57046'47" EAST 134.89 FEET, THENCE NORTH 57016'00" EAST 14679 FEET, THENCE NORTH 71046'56" EAST 296.63 FEET, THENCE SOUTH 17008'42" EAST 130.25 FEET, THENCE SOUTH 53'03'12" EAST 208.48 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 19 WHERE THE SOUTHEAST CORNER OF SAID SECTION 19 BEARS NORTH 82059'46" EAST 1223.55 FEET, THENCE ALONG SAID SOUTHERLY LINE SOUTH 82'59'46" WEST 1567.65 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 19; THENCE CONTINUING ALONG SAID SOUTHERLYUNE, NORTH 89049'50" 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 03021 '48" EAST 27.62 FEET, THENCE LEAVING SAID WESTERLY LINE, NORTH 39017'45" 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 36055'02" AN ARC DISTANCE OF 902.06 FEET, THENCE NORTH 02022'43" 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 18033'36" AN ARC DISTANCE OF 323.93 FEET, THENCE NORTH 20'56'19" EAST 200.79 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 19; THENCE ALONG SAID NORTH LINE, NORTH 87044'53" EAST 199.41 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED AREA CONTAINS 97.209 ACRES MORE OR LESS. j'k, ~ , MARK A. BRENCICK, L.S, 7226 LANDMARK CONSULTING 20-&'M1LEGALS/1M-BOY,doc