Private Streets Maintenance Agreement 2008-0428124
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. 4615 DOC' 2008-0428124
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. 1111111111111111111111111111111111111111111111111111111111111111111111
RECORDING REQUESTED BY AUG 11.2008 2:27 PM
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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
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. 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
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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/ ,
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personally appeared c;Ou.h'};/2-0 C fr/4c...,CJ,r../c a/ld.,Z3/9~/2"q J /'-T/7L-CJNE' ,
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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 '
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On Ja LI 17, z.tltl f before.me, Phyllis Shinn, Notary .Public
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personally 'appeared f/</)Aii<
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@2007NationaINotaryAssocialion-9350DeSOloAve.,P.D.Box 2<102 .Chatsworlh,CA 9'f31~240?~:;vww.,Nationa)Notaryorg Item #5907 Aeorder:CaflToll.Frea 1-800-876.6827
..
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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
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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