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HomeMy WebLinkAbout2728Hho Ca n Y phe I Riou-,r N". Knutson fbomas V1, Scott FIM(,tt z1, Knctsdl sorctl :N'), Mittick jolm 1'. KLOV 0;partl-, I ,80 CAjrpo,11(c Centcr ( �w rN c S I I it e 3 i 7 - v n pn, MIN 55124 I a x 6-51 AS2 -3510 ww"v.A. lawxom CAMPBELL KNUTSON August 2, 2011 Mr. Wayne Houle City of Edina 4801 West 50th Street Edina, Minnesota 55424-1394 Mr. Cary Teague City of Edina 4801 West 50th Street Edina, Minnesota 55424-1394 Re: Jerry's Enterprises, Inc. Gentlemen: Enclosed herewith for your permanent files is a copy of the recorded Second Amendment to Easement and Parking Ramp Agreement dated July 7, 2011 between the City, the HRA and Jerry's Enterprises, Inc. Please note that this Amendment was recorded with the Hennepin County Recorder on July 11, 2011, as Document No. A9671595. If you have any questions regarding the above, please give me a call. cjh Enclosure Very truly yours, Campbell Knutson Professional Association Carole J. Hoeft Legal Assistant State Deed Tax Due: $ NONE EASEMENT THIS EASEMENT is given on the d A day of Pi�,B(2U Ag, , LO 1 I , by Njord Holdings, LLC, Grantors, to the City of Edina, a Minnesota municipal corporation, Grantee, in accordance with the following: 1. Ownership. Grantors are the fee owners of real property legally described on attached Exhibit "A" ( "Property"). 2. Grant of Easement. For valuable consideration, receipt of which is acknowledged by Grantors, Grantors grant and convey to Grantee, its successors and assigns, Permanent Utility, Drainage, Retaining Wall and Sidewalk Easement and Temporary Construction Easement, over, under, across, upon and through said real property hereinbefore described, said easement being more fully legally described on attached Exhibit "B" ("Easement Property) and illustrated on attached Exhibit "C ". 3. Scope of Easement Rights. The Easement granted and conveyed herein includes the right of the Grantee, its contractors, employees, agents and assigns, to: a. Permanent Drainage and Utility Easement: Locate, operate, and maintain surface and underground utility facilities, whether public or quasi - public, and all normal and reasonable secondary uses which may ordinarily be included therewith, e.g. surface water flowage and storage, temporarily or permanently; underground water flowage and storage, temporarily or permanently, etc. Permanent Retaining Wall Easement: Locate, construct, reconstruct, operate, maintain, inspect, alter and repair within the described easement area a retaining wall, including reasonable secondary rights to cut, trim, remove trees, shrubs or other vegetations as in the City's judgment unreasonably interfere with the easement or use. Permanent Sidewalk Easement: Locate, construct, reconstruct, operate, maintain, inspect, alter and repair within the described easement area a public sidewalk, including reasonable secondary rights to cut, trim, remove trees, shrubs or other vegetations as in the City's judgment unreasonably interfere with the easement or use. Temporary Construction Easement: Together with a temporary easement for construction purposes over, under and across that part of Lot 1, Block 1, Lincoln Londonderry Business Park First Addition, noted as Temporary Easement Parcel 3 as shown on the attached Exhibit C. a. Reasonable rights of access to and fiom the Easement Property during the initial construction period, and for periodic inspection, maintenance, repairs and reconstruction as necessary. b. Install and remove erosion control protection fencing and other materials for such purpose as necessary or required. C. Deposit and /or remove earthen materials and to regrade the surface of the land. d. Cut, trim, and/or remove from the Easement Property, trees, shrubs, and other vegetation that unreasonably interfere with the function or capacity of the roadway and/or utilities, drainage, or other improvements being located within the Easement Property, the determination of which will be the sole discretion of the Grantee herein, its successors or assigns. e. Replacement and restoration with like and kind materials, to the extent practical and reasonable, as determined by the Grantee herein, its successors or assigns, of all types of improvements of Grantor removed or damaged by Grantee's exercise of its rights under the easement(s) granted herein. 4. Duration of Easements. Permanent Easements will remain in effect in perpetuity. Temporary Easements will begin on or after April 1, 2011 and shall terminate no later than June 29, 2012. 5. Warranty. Grantors warrant that they are the owners of a fee simple interest in the Property, that they have the right to grant the Easement(s) herein conveyed, and that the Property is free and clear of any lien, encumbrance, easement, restriction, covenant or condition of any type that would be subject to forfeiture provisions, except those encumbrances, easements, restrictions, covenants or conditions filed for record in the office of the County Recorder or the Registrar of Titles in and for the County of Hennepin, State of Minnesota. 6. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which related to, the easement area or Property prior to the date of this instrument. 7. Easement Runs with Land. The Easement(s) granted and conveyed herein run with the land and are binding on the Grantors, their heirs, successors and assigns. The foregoing instrument is executed the date, month and year first written above. . NJORD HOLDINGS, LLC Signed: By: �- signature Its: President and Chief Manager type of authority STATE OF MINNESOTA SS COUNTY OF HENNEPIN The foregoing instrument was acjcnowledged before me this 4th day of February, 2011, by J E—f-W 5� 0l • )- 4jRS0A( (authorized agent) as President and Chief Manager (authority) for Njord Holdings, LLC. SONYA ANN HENNING Notary Public- Minnesota • +r M Commission Ex ire$ Jan 31, 2012 Remainder of page left blank on purpose. I 4lu- y Public STATE OF MINNESOTA SS COUNTY OF ]HENNEPIN Acceptance by City: This instrument is her�eb�y� accepted by th Signed: THIS INSTRUMENT DRAFTED BY: WSB & Associates, Inc. 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 I For Citv use on1v: I Engineering Project No. Parcel No.: Title: PID No: Its: ABSTRACT PROPERTY EXHIBIT A Legal Description of Grantor's Property That part of Lot 1, Block 1, Lincoln Londonderry Business Park First Addition, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, lying Southerly of the following described line and its extensions: Commencing at the Northwest corner of said Lot 1; thence on an assumed bearing of South 18 degrees 00 minutes 11 seconds East, along the Westerly line of Lot 1, a distance of 212.00 feet to the beginning of the line to be described; thence North 79 degrees 59 minutes 49 seconds East, a distance of 90.81 feet; thence North 89 degrees 41 minutes 47 seconds East, a distance of 165.27 feet; thence South 71 degrees 07 minutes 12 seconds East, a distance of 69.00 feet to the Easterly line of Lot 1 and there terminating. Together with ingress and egress easements as set forth in Declaration of Easements dated July 29, 1981, recorded September 22, 1981, as Document No. 4672580, as amended by Amendment to Declaration of Easements dated February 1, 1984, recorded April 26, 1984, as Document No. 4885487. EXHIBIT B Legal Description of Easement Properties That part of the following described parcel of land in the City of Edina: (THE TRACT) That part of Lot 1, Block 1, LINCOLN LONDONDERRY BUSINESS PARK FIRST ADDITION, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, lying Southerly of the following described line and its extensions: Commencing at the Northwest corner of said Lot 1; thence on an assumed bearing of South 18 degrees 00 minutes 11 seconds East, along the Westerly line of Lot 1, a distance of 212.00 feet to the beginning of the line to be described; thence North 79 degrees 59 minutes 49 seconds East, a distance of 90.81 feet; thence North 89 degrees 41 minutes 47 seconds East, a distance of 165.27 feet; thence South 71 degrees 07 minutes 12 seconds East, a distance of 69.00 feet to the Easterly line of Lot 1 and there terminating. Together with ingress and egress easements as set forth in Declaration of Easements dated July 29, 1981, recorded September 22, 1981, as Document No. 4672580, as amended by Amendment to Declaration of Easements dated February 7, 1984, recorded April 26, 1984, as Document No. 4885487. Which lies within the following permanent easement for utility, drainage, retaining wall and sidewalk purposes: That part of Lot 1, Block 1, LINCOLN LONDONDERRY BUSINESS PARK FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies southerly of the following described line: Commencing at the northwest corner of said Lot 1, Block 1; thence South 17 degrees 13 minutes 56 seconds East, assumed bearing along the west line of said Lot 1, 331.90 feet; thence southerly 245.24 feet, along said westerly line of Lot 1, along a tangential curve, concave to the west, having a radius of 995.40 feet and a central angle of 14 degrees 06 minutes 58 seconds, to the point of reverse curvature; thence southerly 3.07 feet, along a westerly line of Lot 1, along a tangential curve, concave to the northeast, having a radius of 36.00 feet and a central angle of 04 degrees 52 minutes 53 seconds, to the point of beginning of said line to be hereinafter described; thence South 74 degrees 43 minutes 49 seconds East, 43.54 feet; thence easterly 20.98 feet, along a tangential curve, concave to the north, having a radius of 84.83 feet and a central angle of 14 degrees 10 minutes 19 seconds; thence South 88 degrees 54 minutes 08 seconds East, 52.06 feet; thence North 01 degrees 05 minutes 52 .seconds East, 5.00 feet; thence South 88 degrees 54 minutes 08 seconds, 158.34 feet, to the east line of (THE TRACT) and said line there terminating. And which lies within the following temporary easement for construction purposes: The west 7.00 feet of (THE TRACT). Except that part which lies within any of the above described permanent easements. That part of said Lot 1, Block 1, LINCOLN LONDONDERRY BUSINESS PARK FIRST ADDITION, which lies northerly of the above described permanent easement for utility, drainage, retaining wall and trail purposes and which lies southerly of the following described line: Commencing at said northwest corner of Lot 1, Block 1; thence South 17 degrees 13 minutes 56 seconds East, assumed bearing along the west line of said Lot 1, 331.90 feet; thence southerly 237.29 feet, along said westerly line of Lot 1, along a tangential curve, concave to the west, having a radius of 995.40 feet and a central angle of 13 degrees 39 minutes 31 seconds, to the point of beginning of said line to be hereinafter described; thence South 74 degrees 43 minutes 49 seconds East, 47.03 feet; thence easterly 18.51 feet, along a tangential curve, concave to the north, having a radius of 74.83 feet and a central angle of 14 degrees 10 minutes 19 seconds; thence South 88 degrees 54 minutes 08 seconds East, tangent to the last described curve, 32.06 feet; thence North 01 degrees 05 minutes 52 seconds East, 12.00 feet; thence South 88 degrees 54 minutes 08 seconds East, 20.00 feet; thence South 01 degrees 05 minutes 52 seconds West, 12.00 feet; thence South 88 degrees 54 minutes 08 seconds East, 160.28 feet to the east line of (THE TRACT) and said line there terminating. 13 L' €% CORNER LOT 1, LINCOLN NBCRRY ^� LINCOLN LRY NESS PARK FIRST ADD ♦ posed Permanent Utility, Drainage, staining wall and Sidewalk Easement \\ \ Total Area = 5179 sq ft Encumbered Area = 0.00 sq ft �\ \� Unencumbered Area = 5179 sq ft \1 by Proposed o cry Construction Easement 0 \ 4 G7 Total a= 7 s fit f5 — , - - - -- ,%V 0 Eno ered Are = 0, sq ft o Una umbered A a = 47 sq ft o� 1 \ 1� PART1 F LOT 1 8 OC i M i I S a I U 50 100 w d O Ptepered By Prepared For r Q �`"" _ e> ` M- ^�,✓ j ��/ /�/� 701 Xe11ia AmW 800ih�0 Parcel 3 WSB Project Na 8150228 Data: 4H�10 WSBMrm�WWW.WSberiswm Citypf 11.y>nri et011l�a Easement Parcel Sketch Wh ft qudlry a n V W4, ]3ren Road Street and Utility Improvements Exhibit C m ENWIS31M PUND M C NSfR=ON City of Minnetonka, Minnesota Easement Property City of Edina, Minnesota ENGINEERING DEPARTMENT 4801 West 50th Street, Edina, Minnesota 55424 (612) 826 -0371 TO: WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 ATTN: Sonya Henning -1 . ITEM(S): NO. DESCRIPTION COPIES PURPOSE: 4 Original signed easements 1 Original Resolution 2011 -55 DATE: 9- May -11 PROJ.: Bren Road ITH169 PROJ. NO.: M As you requested ❑ Review and return El For your information ❑ Reply to sender ❑ For your approval ❑ Other (see remarks) REMARKS: Sonya, Let me know if you need anything else. Thanks FROM: Wayne D. Houle, PE Director of Public Works I City Engineer TELE: 952 - 826 -0443 email: whoule ci.edina.mn.us master copy in q: /outside /transmittal fonn.xls RESOLUTION NO. 2011 -55 ACCEPTING EASEMENT LONDONDERRY DRIVE City of Edina WHEREAS, The City of Minnetonka in conjunction with the Minnesota Department of Transportation (MNDOT) are planning to reconstruct the Bren Road — Londonderry Drive and TH 169 Interchange starting in 2011; and WHEREAS, the easements from certain property owners are required to complete this work; and WHEREAS, The City of Minnetonka is responsible to acquire such easements; and NOW, THEREFORE, BE between Njord Holdings, LLC and and TH 169 Interchange Project. IT RESOLVED, the City Council accepts the easement the City of Edina for the Bren Road — Londonderry Drive ADOPTED this 3rd day of May, 2011. Attest: Debra A. Mangen, CitV Cler STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA } CERTIFICATE OF CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina City Council at its Regular Meeting of May 3, 2011, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 20 �. City Clerk City Hall 952 - 927 -8861 4801 WEST 50TH STREET FAX 952 - 826 -0390 EDINA, MINNESOTA, 55424 -1394 www.CityofEdina.com TTY 952 - 826 -0379 o /le 1888 REPORURECOMMEN DATION To: MAYOR AND COUNCIL Agenda Item Item No. IV. E. From: Wayne D. Houle, PE City Engineer ® Action Discussion Information Date: May 3, 2011 Subject: Resolution 2011 -55 Accepting Easement Londonderry Drive ACTION REQUESTED: Accept attached easement for the Bren Road — Londonderry Drive and TH169 Interchange Project. INFORMATION /BACKGROUND: As you will recall the Council entered into a Joint Powers Agreement with the City of Minnetonka on April 6, 2010 for the Bren Road — Londonderry Drive and TH169 Interchange Project. The City of Minnetonka has been responsible for obtaining the easements required for the project. Attached is an acquired easement from the adjacent property north of Londonderry Drive. Edina has been responsible for this portion of roadway and will continue in the future maintaining this roadway. Therefore, the City of Edina needs to accept this easement. ATTACHMENTS: • Resolution No. 2011 -55 Accepting Easement Londonderry Drive • Easement g:\ engineering \infrastructure\streets\mndot \169 and londonderry road \easements \item iv. e. resoluttion 2011 -55 accepting easement londonderry drive.doc .....,r --- wr recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 20 State Deed Tax Due: $ NONE EASEMENT THIS EASEMENT is given on the fl A day of L-kwU Aa -,9-0)1 , by Njord Holdings, LLC, Grantors, to the City of Edina, a Minnesota municipal corporation, Grantee, in accordance with the following: 1. Ownership. Grantors are the fee owners of real property legally described on attached Exhibit "A" ("Property"). Z. Grant of Easement. For valuable consideration, receipt of which is acknowledged by Grantors, Grantors grant and convey to Grantee, its successors and assigns, Permanent Utility, Drainage, Retaining Wall and Sidewalk Easement and Temporary Construction Easement, over, under, across, upon and through said real property hereinbefore described, said easement being more fully legally described on attached Exhibit "B" ("Easement Property) and illustrated on attached Exhibit "C ". 3. Scope of Easement Rights. The Easement granted and conveyed herein includes the right of the Grantee, its contractors, employees, agents and assigns, to: a. Permanent Drainage and Utility Easement; Locate, operate, and maintain surface and underground utility facilities, whether public or quasi - public, and all normal and reasonable secondary uses which may ordinarily be included therewith, e.g. surface water flowage and storage, temporarily or permanently; underground water flowage and storage, temporarily or permanently, etc. Permanent Retaining Wall Easement: Locate, construct, reconstruct, operate, maintain, inspect, alter and repair within the described easement area a retaining wall, including reasonable secondary rights to cut, trim, remove trees, shrubs or other vegetations as in the City's judgment unreasonably interfere with the easement or use. Permanent Sidewalk Easement: Locate, construct, reconstruct, operate, maintain, inspect, alter and repair within the described easement area a public sidewalk, including reasonable secondary rights to cut, trim, remove trees, shrubs or other vegetations as in the City's judgment unreasonably interfere with the easement or use. Temporary Construction Easement: Together with a temporary easement for construction purposes over, under and across that part of Lot 1, Block 1, Lincoln Londonderry Business Park First Addition, noted as Temporary Easement Parcel 3 as shown on the attached Exhibit C. a. Reasonable rights of access to and from the Easement Property during the initial construction period, and for periodic inspection, maintenance, repairs and reconstruction as necessary. b. Install and remove erosion control protection fencing and other materials for such purpose as necessary or required. C. Deposit and /or remove earthen materials and to regrade the surface of the land. d. Cut, trim, and/or remove from the Easement Property, trees, shrubs, and other vegetation that unreasonably interfere with the function or capacity of the roadway and/or utilities, drainage, or other improvements being located within the Easement Property, the determination of which will be the sole discretion of the Grantee herein, its successors or assigns. C. Replacement and restoration with like and kind materials, to the extent practical and reasonable, as determined by the Grantee herein, its successors or assigns, of all types of improvements of Grantor removed or damaged by Grantee's exercise of its rights under the easement(s) granted herein. 4. Duration of Easements. Permanent Easements will remain in effect in perpetuity. Temporary Easements will begin on or after April 1, 2011 and shall terminate no later than June 29, 2012. 5. Warranty. Grantors warrant that they are the owners of a fee simple interest in the Property, that they have the right to grant the Easement(s) herein conveyed, and that the Property is free and clear of any lien, encumbrance, easement, restriction, covenant or condition of any type that would be subject to forfeiture provisions, except those encumbrances, easements, restrictions, covenants or conditions filed for record in the office of the County Recorder or the Registrar of Titles in and for the County of Hennepin, State of Minnesota. 6. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which related to, the easement area or Property prior to the date of this instrument. 7. Easement Runs with Land. The Easement(s) granted and conveyed herein run with the land and are binding on the Grantors, their heirs, successors and assigns. The foregoing instrument is executed the date, month and year first written above. . WORD HOLDINGS, LLC Signed: By: signature Its: _President and Chief Manager type of authority STATE OF MINNESOTA SS COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 4th day of February, 2011, by JF�f -WNX )9 • )- AP—SQA( (authorized agent) as President and Chief Manager (authority) for Nj ord Holdings, LLC. SONYA ANN HENNING Notary Public- Minnesota M Commission Ex ire$ Jan 31 2012 Remainder of page left blank on purpose. STATE OF MINNESOTA SS COUNTY OF BENNEPIN Acceptance by City: This instrument is hereby accepted by the City of Edina this day of Signed: By: Its: THIS INSTRUMENT DRAFTED BY: WSB & Associates, Inc. 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 For City use on1v: Engineering Project No. Parcel No.: Title: PID No: ABSTRACT PROPERTY EXHIBIT A Legal Description of Grantor's Property That part of Lot 1, Block 1, Lincoln Londonderry Business Park First Addition, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, lying Southerly of the following described line and its extensions: Commencing at the Northwest corner of said Lot 1; thence on an assumed bearing of South 18 degrees 00 minutes 11 seconds East, along the Westerly line of Lot 1, a distance of 212.00 feet to the beginning of the line to be described; thence North 79 degrees 59 minutes 49 seconds East, a distance of 90.81 feet; thence North 89 degrees 41 minutes 47 seconds East, a distance of 165.27 feet; thence South 71 degrees 07 minutes 12 seconds East, a distance of 69.00 feet to the Easterly line of Lot 1 and there terminating. Together with ingress and egress easements as set forth in Declaration of Easements dated July 29, 1981, recorded September 22, 1981, as Document No. 4672580, as amended by Amendment to Declaration of Easements dated February 1, 1984, recorded April 26, 1984, as Document No. 4885487. 1:1I: Legal Description of Easement Properties That part of the following described parcel of land in the City of Edina: That part of Lot 1, Block 1, LINCOLN LONDONDERRY BUSINESS PARK FIRST ADDITION, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, lying Southerly of the following described line and its extensions: Commencing at the Northwest corner of said Lot 1; thence on an assumed bearing of South 18 degrees 00 minutes 11 seconds East, along the Westerly line of Lot 1, a distance of 212.00 feet to the beginning of the line to be described; thence North 79 degrees 59 minutes 49 seconds East, a distance of 90.81 feet; thence North 89 degrees 41 minutes 47 seconds East, a distance of 165.27 feet; thence South 71 degrees 07 minutes 12 seconds East, a distance of 69.00 feet to the Easterly line of Lot 1 and there terminating. Together with ingress and egress easements as set forth in Declaration of Easements dated July 29,1981, recorded September 22, 1981, as Document No. 4672580, as amended by Amendment to Declaration of Easements dated February 7, 1984, recorded April 26, 1984, as Document No. 4885487. Which lies within the following permanent easement for utility, drainage, retaining wall and sidewalk purposes: That part of Lot 1, Block 1, LINCOLN LONDONDERRY BUSINESS PARK FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies southerly of the following described line: Commencing at the northwest corner of said Lot 1, Block 1; thence South 17 degrees 13 minutes 56 seconds East, assumed bearing along the west line of said Lot 1, 331.90 feet; thence southerly 245.24 feet, along said westerly line of Lot 1, along a tangential curve, concave to the west, having a radius-of 995.40 feet and a central angle of 14 degrees 06 minutes 58 seconds, to the point of reverse curvature; thence southerly 3.07 feet, along a westerly line of Lot 1, along a tangential curve, concave to the northeast, having a radius of 36.00 feet and a central angle of 04 degrees 52 minutes 53 seconds, to the point of beginning of said line to be hereinafter described; thence South 74 degrees 43 minutes 49 seconds East, 43.54 feet; thence easterly 20.98 feet, along a tangential curve, concave to the north, having a radius of 84.83 feet and a central angle of 14 degrees 10 minutes 19 seconds; thence South 88 degrees 54 minutes 08 seconds East, 52.06 feet; thence North 01 degrees 05 minutes 52 .seconds East, 5.00 feet; thence South 88 degrees 54 minutes 08 seconds, 158.34 feet, to the east line of (THE TRACT) and said line there terminating. And which lies within the following temporary easement for construction purposes: The west 7.00 feet of (THE TRACT). Except that part which lies within any of the above described permanent easements. That part of said Lot 1, Block 1, LINCOLN LONDONDERRY BUSINESS PARK FIRST ADDITION, which lies northerly of the above described permanent easement for utility, drainage, retaining wall and trail purposes and which lies southerly of the following described line: Commencing at said northwest corner of Lot 1, Block 1; thence South 17 degrees 13 minutes 56 seconds East, assumed bearing along the west line of said Lot 1, 331.90 feet; thence southerly 237.29 feet, along said westerly line of Lot 1, along a tangential curve, concave to the west, having a radius of 995.40 feet and a central angle of 13 degrees 39 minutes 31 seconds, to the point of beginning of said line to be hereinafter described; thence South 74 degrees 43 minutes 49 seconds East, 47.03 feet; thence easterly 18.51 feet, along a tangential curve, concave to the north, having a radius of 74.83 feet and a central angle of 14 degrees 10 minutes 19 seconds; thence South 88 degrees 54 minutes 08 seconds East, tangent to the last described curve, 32.06 feet; thence North 01 degrees 05 minutes 52 seconds East, 12.00 feet; thence South 88 degrees 54 minutes 08 seconds East, 20.00 feet; thence South 01 degrees 05 minutes 52 seconds West, 12.00 feet; thence South 88 degrees 54 minutes 08 seconds East, 160.28 feet to the east line of (THE TRACT) and said line there terminating. ?-7zs