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HomeMy WebLinkAboutCC RESO 2010-72RESOLUTION NO. 2010 - 72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-17; 1735 E. PLAZA BLVD; BRUCE M. BOOGAARD AND CYNTHIA K. BOOGAARD) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 — 72 April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of Apr' 2010. ATTEST: A(dy,AVA, Michael R. Della, Cit Clerk APPROVED AS TO FORM: sir George H. Eiser, Ill City Attorney Ron Morrison, Mayor ATTACHMENT 1 EXHIBIT "A" PERMANENT ACQUISITION APN 557-410-17 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 87°46'13" WEST 805.90 FEET FROM A BRASS DISK STAMPED CP4 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 61°40'38" EAST 278.96 FEET TO THE WESTERLY CORNER OF LAND PER DEED RECORDED APRIL 28, 2003 AS DOCUMENT NO. 2003-0490013 OF OFFICIAL RECORDS, SAID POINT BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND SOUTH 74°45'11" EAST 32.75 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHERLY LINE SOUTH 74°59'42" EAST 101.98 FEET TO THE BEGINNING OF A TANGENT 444.35-FOOT RADIUS CURVE CONCAVE NORTHERLY; 2. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°56'21" A DISTANCE OF 263.21 FEET TO A POINT ON THE EASTERLY LINE OF LAND PER SAID DEED; 3. THENCE ALONG SAID EASTERLY LINE SOUTH 17°34'30" EAST 2.79 FEET TO THE SOUTHEAST CORNER OF LAND PER SAID DEED BEING ON SAID NORTHERLY LINE OF PLAZA BOULEVARD AND THE BEGINNING OF A NON -TANGENT 460.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 17°53'42" EAST; 4. THENCE WESTERLY ALONG THE SOUTHERLY LINE OF LAND PER SAID DEED AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°08'31" A DISTANCE OF 266.08 FEET; 5. THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 74°45'11" WEST 99.77 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.008 ACRES, MORE OR LESS. MICKEY B. AG EXP. 3-31-10 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 87°46'13" WEST 805.90 FEET FROM A BRASS DISK STAMPED CP4 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 61°40'38" EAST 278.96 FEET TO THE WESTERLY CORNER OF LAND PER DEED RECORDED APRIL 28, 2003 AS DOCUMENT NO. 2003-0490013 OF OFFICIAL RECORDS, SAID POINT BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE OF PLAZA BOULEVARD ALONG THE NORTHERLY LINE OF LAND PER SAID DEED NORTH 82°18'47" EAST 22.97 FEET; 2. THENCE LEAVING SAID NORTHERLY LINE SOUTH 74°59'42" EAST 98.97 FEET; 3. THENCE NORTH 13°43'46" EAST 11.22 FEET; 4. THENCE NORTH 73°46'43" EAST 16.12 FEET; 5. THENCE SOUTH 82°02'39" EAST 35.91 FEET; 6. THENCE SOUTH 9°58'23" WEST 21.53 FEET TO THE BEGINNING OF A NON - TANGENT 434.35-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 10°11'03" WEST; 7. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°48'01" A DISTANCE OF 150.10 FEET; 8. THENCE NORTH 15°35'18" WEST 11.15 FEET; 9. THENCE NORTH 74°24'42" EAST 53.47 FEET; 10. THENCE SOUTH 15°35'18" EAST 13.43 FEET TO THE BEGINNING OF A NON -TANGENT 434.35-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 16°40'47" EAST; 11. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°17'09" A DISTANCE OF 17.33 FEET TO THE EASTERLY LINE OF LAND PER SAID DEED; 12. THENCE ALONG SAID EASTERLY LINE SOUTH 17°34'30" EAST 10.00 FEET TO THE BEGINNING OF A NON -TANGENT 444.35-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 18'56'03" EAST; 13. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°56'21" A DISTANCE OF 263.21 FEET; Page 1 of 2 14. THENCE NORTH 74°59'42" WEST 101.98 FEET TO A POINT ON THE SOUTHERLY LINE OF LAND PER SAID DEED AND ON SAID NORTHERLY LINE OF PLAZA BOULEVARD; 15. THENCE ALONG SAID SOUTHERLY LINE NORTH 74°45'11" WEST 32.75 FEET THE TRUE POINT OF BEGINNING. AREA = 0.123 ACRES, MORE OR LESS. MIOKEY B. AGIR EXP. 3-31-10 ( 1 Page 2 of 2 NOTE: SEE SHEET 3 FOR TABULATED CURVE DATA. LEGEND T.P.O.B. P.O.B. A D01 PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.123 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 4/28/03 AS DOC. NO. 2003-0490013 O.R. SHEET 1 OF 3 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 4-8-08 NATIONAL CITY SCALE 1"=60' CHECKED BY: DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 BRUCE M. BOOGAARD AND CYNTHIA K. BOOGAARD DOC. NO. DWG. NO. LEGEND T.P.O.B. P.O.B. A DD1 NOTE: PERMANENT ACQUISITION WIDTH EXAGGERATED FOR CLARITY PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.123 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 4/28/03 AS DOC. NO. 2003-0490013 O.R. REVISED BY: DATE: DRAWN BY: KA DATE: 4-8-08 a T.P.O.B. PERM. ACQ. NOTE: SEE SHEET 3 FOR TABULATED CURVE DATA. T.P.O.B. TCE z,\l Lf� C) n rn —LAND PER 3 k,� ,n La DD1 7 N •k, • ; x� 4.0 557-410-17 Ykr tt, C) S 1011'03 tti MATCH LINE �� SEE SHEET 3 it SHEET 2 OF 3 SHEETS t1, 0 t>, 0 0 Lt1 (73 L[� NATIONAL CITY SCALE NO SCALE CHECKED BY: DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 BRUCE M. B00GAARD AND CYNTHIA K. B00GAARD DOC. NO. DWG. NO. NOTE: PERMANENT ACQUISITION WIDTH EXAGGERATED FOR CLARITY PLAZA BLVD. c> TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 19'48'01" 434.35' 150.10' C2 217'09" 434.35' 17.33' C3 33'56'21" 444.35' 263.21' C4 33'08'31" 460.00' 266.08' LEGEND DD1 r PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.123 ACRES MATCH LINE SEE SHEET 2 LAND PER DD1 PJr;, OF NW 1/4 OF THE W -112 OF LOT 2 OF 1�� ((``r riff 11 r r1 .J r\\c�� A/. ((`�J\\'' RHO.. Jr LA NACJON i\i1AP 1JJ 557-410-17 1N ‘6351a" 5 ti535�8. C2 ,, • E r 3° NO-136jE 'n cp a DEED REC. 4/28/03 AS DOC. 0.` NO. 2003-0490013 O.R. 2.79' S 17'34'30" E SHEET 3 OF 3 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 4-8-08 NATIONAL CITY SCALE NO SCALE CHECKED BY: DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 BRUCE M. BOOGAARD AND CYNTHIA K. BOOGAARD DOC. NO. DWG. NO. Passed and adopted by the Council of the City of National City, California, on April 6, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /, City C /V o National Q�J City, of the City California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-72 of the City of National City, California, passed and adopted by the Council of said City on April 6, 2010. City Clerk of the City of National City, California By: Deputy -►- CALIFORNIA ^{ Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate Fo: From: Subject: NATIONeAL CAI `- 11UCORPOR ATE Office of the City Attorney Michael Dalla, City Clerk George Eiser, Legal Counsel Transmittal of Final Order of Condemnation City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, Ill Senior Assistant City Attorney Jodi L. Doucette Date: September 12, 2011 Transmitted herewith is the original Final Order of Condemnation in an eminent domain action entitled City of National City v. Bruce M. Boogaard, et al. The subject action was initiated to acquire a portion of real property from the owners of 1735 E. Plaza Boulevard (APN 557-410-17) for a temporary construction easement and permanent right-of-way easement for the Plaza Boulevard Street Widening Project. This original Order has been filed with the County Recorder and is conformed with recording information. It is the equivalent of a deed and should be maintained in your files as a permanent record. Because there is no purchase and sale agreement or escrow pertaining to this acquisition, I suggesct that a logical location for this Order to be filed in your office is with the Resolution of Necessity adopted by the City Council authorizing the eminent domain action. The applicable resolution is Resolution 2010-72, adopted on April 6, 2010. Thank you. George . Eiser, III 47c- Legal Counsel cc: Development Services Director wiencl 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 PLE i SE COMPLETE THIS INFORMATION. dr RECORDING REQUESTED BY: Donald W. Detisch (a 1 1010 Second Avenue �[/ Sane, o JulF San Dieggo, CA 92101 AND WHEN RECORDED MAIL TO: CU(I Donald W. Detisch LAW OFFICES OF DON DETISCH 1010 Second Avenue, Suite 1810 San Diego, CA 92101 7820 D 0 C # 2011-0415065 1111111111111111101111111111011111111111011110111111111 AUG 12, 2011 1:28 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES 6 IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form t/R25 i 1 2 3 4 5 6 7 8 9 10 11 7821 FILE SAN DIEGO SUPER AUG 664(111 CLERK OP 7WW bURiRiOA COURT BY �.� N. BABLAN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO — SOUTH COUNTY DIVISION CITY OF NATIONAL CITY, a public agency, ) Case No. 37-2010-00077982-CU-EI-SC 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, v. BRUCE M. BOOGARD and CYNTHIA K. BOOGARD, Husband and Wife; NATIONAL CITY CABLE, INC., a California Corporation; ZACARIAS ZARATE JR. AND ROSALIE G. ZARATE, Husband and Wife; ROSALIE ZARATE, an individual; SEASIDE FINANCIAL, a California Corporation; FIRST FEDERAL BANK OF CALIFORNIA, a National Banking Institution; ONE WEST BANK, successor in Interest to First Federal Bank of California; COUNTY OF SAN DIEGO. a Public Entity; and DOES 1 through 50, inclusive, Defendants. The Honorable William S. Cannon Department 4 FINAL ORDER OF CONDEMNATION [CCP § 1268.030} A Portion of Assessor's Parcel Number: 557-410-17 Address: 1735 E. Plaza Blvd., National City, CA 91950 Action Filed: June 29, 2010 Judgment in Condemnation having been entered in the above -entitled action on June 21, 2011 in the Office of the County Court Clerk of San Diego County, State of California, and it appearing to the Court's satisfaction that the above -named plaintiff, under that judgment, has paid to the defendants, BRUCE M. BOOGARD and CYNTHIA K. BOOGARD, just compensation in the sums set forth and disbursed in accordance with the Stipulation for FINAL ORDER OF CONDEMNATION 1 2 3 4 5 6 7 8 9 10 11 7822 Judgment in Condemnation and Judgment in Condemnation on file in this action: IT IS ORDER AND ADJUDGED: The temporary and permanent easements on and across portions of that parcel of property, situated in the City of National City, County of San Diego, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein, is hereby condemned to and taken for the public uses stated in the Complaint in this action. On filing a certified copy of this Final Order of Condemnation with the County Recorder of the County of San Diego, State of California, the temporary and permanent easements on and across a portion of the parcel of property described above and in Exhibit "A" attached hereto shall finally and completely vest in Plaintiff, its successors and assigns. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS FURTHER ORDERED AND ADJUDGED that Defendants shall pay any and all unpaid taxes (and penalties, if any) on those portions of the real property condemned herein up to the date of this order and that taxes thereafter be cancelled in accordance with the California Revenue and Taxation Code 5084. DATED: JUDGE OF THE SUPERIOR COURT MUM S. CANNON FINAL ORDER OF CONDEMNATION 2 7823 EXHIBIT "A" PERMANENT ACQUISITION APN 557-410-17 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CPS ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 87°46"13',.WEST .805.90 FEET FROM A, BRASS DISK STAMPED CP4 ACCORDING TO SAID RECORt; OF SURVEY .MAP; THENCE NORTH 61°40'38" EAST 278.96 I cET TO THE WESTERLY CORNER OF LAND PER DEED RECORDED APRIL 28, 2003 AS DOCUMENT NO. 2003-0490013 OF OFFICIAL RECORDS, SAID POINT BEING ON THE NORTHERLY UNE OF PLAZA BOULEVARD; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND SOUTH 74°45'11" EAST 32.75 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHERLY LINE SOUTH 74°59'42" EAST 101.98 FEET TO THE BEGINNING OF A TANGENT 444.35-FOOT RADIUS CURVE CONCAVE NORTHERLY; 2. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°5621" A DISTANCE OF 263.21 FEET TO A POINT ON THE EASTERLY LINE OF LAND PER SAID DEED; 3. THENCE ALONG SAID EASTERLY LINE SOUTH 17°34'30' EAST 2.79 FEET TO THE SOUTHEAST CORNER OF LAND PER SAID DEED BEING ON SAID NORTHERLY LINE OF PLAZA BOULEVARD AND THE BEGINNING OF A NON -TANGENT 460.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 17°53'42" EAST;` ` ' " 4. THENCE WESTERLY ALONG THE SOUTHERLY LINE OF LAND PER SAID DEED AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°08'31" A DISTANCE OF 266.06 FEET; 5. THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 74°45'11' WEST 99.77 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.008 ACRES, MORE OR LESS. MICKEY B. AG EXP. 3-31-10 Uwe Sl1Q ' RCE 27648 CAM - OF CO 7824 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO; STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30;-2002WHICH BEARS SOUTH 87°46'13" WEST 805.90 FEET -FROM A BRASS DISK STAMPED CP4 ACCORDING TO SAID. RECORD OF SURVEY 'MAP;" THENCE NORTH 61°40'38' EAST 278.96 FEET TO THE WESTERLY CORNER OF LAND PER DEED RECORDED APRIL 28, 2003 AS DOCUMENT NO. 2003-0490013 OF OFFICIAL RECORDS,. SAID POINT BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE OF PLAZA BOULEVARD ALONG AST 22.97 FEET; 2. THENCE LEAVING SAID NORTHERLY LINE SOUTH 74°59'42" EAST 98.97 FEET; 3. THENCE NORTH 13°43'46" EAST 11.22 FEET; 4. THENCE NORTH 73°46'43" EAST 16.12 FEET; 5. THENCE SOUTH 82°02'39" EAST 35.91 FEET; 6_ THENCE SOUTH 9°58'23" WEST 21.53 FEET TO THE BEGINNING OF A NON - TANGENT 434.35-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 10°11'03" WEST; 7. THENCE EASTERLY ALONG THE ARC OF , SAID ,CURVE THROUGH A CENTRAL ANGLE OF 19°48'01" A DISTANCE OF 150.10 FEET; 8. THENCE NORTH 15°35'18" WEST 11.15 FEET; 9. THENCE NORTH 74°24'42" EAST 53.47 FEET; 10. THENCE SOUTH 15°35'.18' EAST 13.43 FEET TO THE BEGINNING OF A NON -TANGENT 434.35-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 16°40'47" EAST; 11. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°17'09" A DISTANCE OF 17.33 FEET TO THE EASTERLY LINE OF LAND PER SAID DEED; 12. THENCE ALONG SAID EASTERLY LINE SOUTH 17°344'30" EAST 10.00 FEET TO THE BEGINNING OF A NON -TANGENT 444.35-000T' RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 18°56'03" EAST; 13. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°56'21" A DISTANCE OF 263.21 FEET; Page 1 of 2 7825 14. THENCE.. NORTH 74°59'42" WEST 101.98 FEET TO _A . POINT ON THE SOUTHERLY LINE. OF LAND PER SAID DEED AND ON SAID NORTHERLY LINE OF PLAZA BOULEVARD; 15. THENCE ALONG SAID SOUTHERLY LINE NORTH 74°45'11" WEST 32.75 FEET THE TRUE POINT OF BEGINNING. AREA = 0.123 ACRES, MORE OR LESS. MI.' YB.A( EXP. 3-31-10 Page 2 of 2