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HomeMy WebLinkAboutRes No. 6276 - Disposition & Development Agreement (July 9, 2012)RESOLUTION NUMBER 6276 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND BAY CITY PARTNERS, LLC REGARDING DEVELOPMENT OF THE DWP SPECIFIC PLAN AREA The City Council of the City of Seal Beach hereby resolves as follows: SECTION 1. The City Council hereby approves that certain agreement ( "Agreement') between the City and Bay City Partners, L.L.C, dated July 9, 2012, regarding development of the DWP Specific Plan Area. The Agreement is attached hereto as Exhibit "A ". SECTION 2. The City Council hereby authorizes and directs the Mayor to execute the Agreement on behalf of the City. SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of July , 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Memb ABSTAIN: Council Memb ATTEST: iry Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6276 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of July , 2012. �it�/Clerk * • - •r ' *. Disposition and Development Agreement 0 t ILI City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Attn: City Clerk Exempt from recording fees pursuant to Govt Code Section 27383 (Space above for recorder's use) DISPOSITION AND DEVELOPMENT AGREEMENT City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Bay City Partners, UC 299 Westminster Avenue, Suite 211 Seal Beach, CA 90740 THIS DISPOSITION AND DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of July 9, 2012, by and between Bay City Partners, LLC, a California limited liability company (hereinafter "Owner"), and the City of Seat Beach, a California charter city (hereinafter "City"). Owner and City are sometimes individually referred to in this Agreement as a "Party" and collectively as the "Parties." 12845 -4442\ A7224M.doc xt RECITALS A. Owner owns approximately 10.7 acres of land located south of Marina Drive and west of 1st Street within Seal Beach, California and has proposed a project on property described with more particularity in Exhibit "A" and shown on Exhibit `B" ( "Property "). B. Owner has proposed Tentative Tract Map 17425, as revised (TTM 17425) for a 32- residential lot subdivision on the northerly portion of the Property described in Exhibit C, and has applied for related approvals (the "Project "). Owner has agreed, inter alia, to donate the property described in Exhibit D ( "Open Space ") (excluding the property defined as Driveway Parcel in Recital C) to the City at no cost to the City, concurrently with issuance of a coastal development permit ( "CDP "). C. Located within the Open Space is a driveway that provides access to the 1st street parking lot. Owner has offered to convey the driveway and the underlying fee to the City ( "Driveway Parcel ") in exchange for a portion of land within the right -of -way for 1 st Street that is owned by the City in fee. The Driveway Parcel is described in Exhibit F. D. City must comply with all applicable state laws prior to vacating the City -owned land within the right -of -way for 1St Street. E. Pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq. ( "CEQA ") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000, et seq.), the City prepared an Environmental Impact Report to analyze and disclose the potential environmental impacts of the Project, including those impacts potentially arising from the disposition of City property contemplated by this Agreement. The City Council certified an Environmental Impact Report on June 25, 2012. F. On July 9, 2012, the City Council approved TTM 17425 for a 32- residential lot subdivision and related approvals. G. On March 16, 2011, the Parties entered into a settlement agreement and mutual release ( "Settlement ") of an eminent domain action filed by the City to acquire a portion of the Property and an application for a writ of mandate filed by Owner challenging the adequacy of the CEQA review of a nearby City project subject to the terms and conditions stated therein. As part of the Settlement, the City agreed to process in good faith a 48 -unit residential project that Owner intended to submit to the City subsequent to the Settlement. The previously contemplated 48 -unit residential project is depicted in Exhibit C -2 of the Settlement and is referred to therein as the "Proposed Residential Project." H. The Council - approved Project is substantially different than the 48 -unit Proposed Residential Project contemplated in the Settlement. 12805 -0002\ 14722480.doc I I . Tentative Tract Map 17425. It is mutually and expressly agreed by the Parties that TTM 17425, as approved by the City Council on July 9, 2012, supersedes any reference to the "Proposed Residential Project," in the Settlement, including but not limited to Exhibit C-2 to the Settlement. 2. Coastal Commission. The Project requires a CDP from the California California ....... - ------- Coastal Commission. In the event the Commission issues a CDP for the Project: 2.1 Owner shall donate by conveyance of fee title to the City and at no cost to the City, the "Open Space" described in Exhibit "M attached hereto, excluding the Driveway Parcel described in Exhibit "E". 12805-00021 1472248v6. doe I 12805-00021 1472248v6,doe m M Attorneys' Fees, If legal action is brought by any Party against another for breach of this Agreement, or to compel performance under this Agreement, the prevailing Party shall be entitled to an award of reasonable attorneys' fees and costs incurred in connection with such action. 11. Authority to Execute. Each person executing this Agreement on behalf of Owner warrants and represents that each has the authority to execute this Agreement on behalf of the Owner and to bind Owner to the performance of its respective obligations hereunder. 12. Severability of Terms. If any term or provision of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce. (b) for the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or (c) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 12 805 -0002\ 14 7224 Sv 6, doc 16. Rules of Construction and Miscellaneous Terms. 16.1 Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. 16.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and this Agreement supersedes all previous negotiations, discussion and agreements between the Parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof, 16.3 Not for Benefit of Third Parties. This Agreement and all provisions hereof axe for the exclusive benefit of the City and Owner and its Transferees and shall not be construed to benefit or be enforceable by any third party. 16.4 Counterparts. This Agreement may be executed in any number of counterparts, and each of such counterparts for all purposes shall be deemed to be an original, and all of such counterparts shall constitute one and the same agreement. 16.5 Exhibits. The following Exhibits are attached to this Agreement and incorporated herein as though set forth in full: 12805 - 0002 \14722480. doe I IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BAY CITWARDd`I'jRS, LLC By: � By: May ichael P. Levitt y C C ATTEST- BAY CITY PARTNERS, LLC " A5,&o By' By: Lida Devine, City Cler Bob Griffith, Member APPROVED AS TO ORM: By: uinn Barrow, City Attorney BAY CITY RTN R , L By: Bran Kyle, Member BAY/ -- JTY PARTNER ,LLC i By: -._ A,,W Cindy Atki , Member All signatures_ for Bay City Partners, LLC to be acknowledged by a Public Notary 7/3/12 10147.2 4118092 v3 7 STATE OF CALIFORNIA ss COUNTY OF ORANGE I certify under PE114ALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 713112 10147,2 # 118092 v3 STATE OF CALIFORNIA ss COUNTY OF ORANGE I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. IMMARM All Notary lic STATE OF CALIFORNIA Ss COUNTY OF ORANGE a Notary Public, who proved to me on the basis of I M##ralir-itm k- I certify under PENALTY OF PERJURY under the laws of the State of California that t foregoing paragraph is true and correct. I WITNESS my hand and official seal. ASTRID KLE COM"Ossion # I -N—otary Public Notary Public - C Orange County My Comm, Expires Mar 25, 2015 7/3112 10147,2 4118092 v3 9 } ss r. I certify under PENALTY OF PERJURY under the laws of the State of California that t ME foregoing p • correct. I WITNESS my hand and official seal. Notary Public 713132 101472 # 1 18092 u3 10 .u, EXHIBIT "" LEGAL DESCRIPTION "SITE MAP DWP SPECIFIC PLAN AREA" kI IT 21 41 ALL OF PARCELS 1, 4, 5 AND 6 OF SAID CERTIFICATE OF COMPLIANCE NO 2009 -01 AND _w 11 _1111511 yi c milml Lifflin NORTH 55'46'12" EAST 89.76'FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 326.00 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 54-22'38"WEST; THENCE SOUTHWESTERLY 75.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'14'21"; THENCE NONTANGENT NORTH 68'01'12" TRUE POINT OF WEST 4073 FEET TO THE TOGETHER WITH THAT PORTION OF THE TIDE LAND LOCATION NO. 137, IN THE CITY OF BEGINNING. SEAL BEACH, OF OR STATE ` `' A AS " ii D IN THE OFFICIAL QUITCLAIM DEED RECORDED JANUARY 25,2007 AS DOCUMENT NO 2007-000052124 !` OFFICE OF THE CO !'l ' • SAID COUNTY, SHOWN ON RECORD OF SURVEY NO. 2002-1090 DESCRIBED RECORDS OF SURVEY, IN THE OFFICE OF SAID COUNTY RECORDER, Xmillit WE 1011y, 2. THENCE NONTANGENT SOUTH 19 000'21" WEST 2.61 FEET TO THE POINT OF BEGINNING. AND PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE 2009 -01 EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 3; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY RIGHT -OF -WAY OF MARINA DRIVE AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE 2009 -01, SOUTH 43 °01'03" EAST, 34.37 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 940.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND RIGHT -OF -WAY, THROUGH A CENTRAL ANGLE OF 3 051'23 ", AN ARC DISTANCE OF 63.27 FEET TO A NON - TANGENT POINT IN THE MOST EASTERLY LINE OF SAID PARCEL 3. A RADIAL BEARING TO SAID POINT BEARS NORTH 43 007'34" EAST. THENCE SOUTHEASTERLY ALONG SAID LINE, SOUTH 04 °04'51" EAST, 3.39 FEET; THENCE NORTH 43 001'03" WEST, 65.85 FEET TO THE TRUE POINT OF BEGINNING. AND THAT PORTION OF FIRST STREET, A PUBLIC ROADWAY, DESCRIBED AS FOLLOWS: BEGINNING AT AFOREMENTIONED POINT "A "; THENCE NORTH 32 017'25" EAST, 379.60 FEET ALONG A LINE PARALLEL TO AND 30.00 FEET NORTHWESTERLY OF THE CENTERLINE OF FIRST STREET AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE 2009 -01; THENCE NORTH 05 °21'49" WEST, 30.54 FEET; THENCE NORTH 43 °01'03" WEST, 40.15 FEET TO A POINT IN THE MOST EASTERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE NO. 2009 -01; THENCE SOUTHEASTERLY ALONG SAID LINE, SOUTH 04 004'51" EAST, 29.50 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID PARCEL 3; THENCE SOUTHWESTERLY ALONG SAID LINE, SOUTH 25 022'45" WEST, 332.42 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 10.885 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "A -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY: 4&AND 'j No. 5411 Exp. 9130112 EXHIBIT "A -1 " SITE MAP DWP SPECIFIC PLAN AREA . nE N70'42'12 "W (R) N6621'13"W (R) 450, 145 4612 N. T. S. q- rV Dc \ 14/ ~rye D W P SITE OD 10.885 AC. yz A \ ell CA Ci Cn A 60 / j / \\% \ \ \ ` \ No. 5W / q' Exp. 9130/12 . N�, OFCA��F 2� /'/ / /' / LA V. CASE L.S. 5411 PREPARED IN rfiE OFFICE OF: PTY OF SEAL BEACH Case Land SUrveyl119, "Oe. V SHEET SITE MAP DWP SPECIFIC PLAN AREA Surveying Mapping GPS Services 614 Eckhoff St. CERTIFICATE OF COMPLIANCE NO. OF Orange, CA. 92868 Tel (714 628 -8948 2009 -01, RCRD 3/10/2009, INSTR. JOB NQ Fax(714) 628 -8905 2009000109534, COUNTY OF ORANGE, 11 -SEA -791 STATE OF CALIFORNIA. # i # • t #.. Pill # B -1 12805 - 0002 \1472248v6.doc W X W _. _ ends �ti�o _. _ _ •,,, ,',; � lu A laGAT A. U ,U 1m W . " I 4 01c I..L W E^^ 0- _01 W W V/ D J c �a N CIO C m C m y O N Cm rn m Y m E N> Cm O m m > N dM] N N m fa >' d e � m la '— ccaNv M E L U 0 �N$riS c > la T N Q C !a m D m � L Ip O m .0 A (1�Rjp U 1� z, S E E o o - �' L m ai S —6 L E �'a C m L ML m O 2-M J IO N mm N O O COI- L - N Nmm¢ > G1 N mr;' L m ar C 0 U m p 4 O .0 aI O Ut... m C to N �G c I T C m C U r > C _ �_ 01 cu y to C_ S Oc -0 t c }= a m E m y T O O no y L m 'j�pp (J C N L y A - 9 mM c c 0 0 L F U 8 a O c m' � L C O O I E Q c � •- � Z5 TOE O LC om � m1 O+ C Of r1 �_ .7 N C y O OI C 3 /D T lL U O (D N m --. C E F C U U la O y vm r O w _ ui Q Z, J C a) -9 C) O J U OIUC E c z t ry O d DT .0 C6 C CCD: _. _ ends �ti�o _. _ _ •,,, ,',; � lu A laGAT A. U ,U 1m W . " I 4 01c I..L W E^^ 0- _01 W W V/ D J C-1 12805-00021 1 472248v6.doc DKI 1BRIM a � • Y •' 'i + 'i' i i ' r � 1 �, i i■ � . i. i 1�� +• i i i + � . �� i •1 1 i � is 1. NONTANIGENT SOUTHWESTERLY 82.02 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02'20'59"; 2. THENCE NONTANGENT :e ?»H,®„ © }<O THE POIN OF m -,� .*< » t ■ °; - ° « ©� ;? ■: ? ■ » f a w�� < ■,! ,; a.,.. a :_� :�e»� °��fs� ©■ «■ » «.t ; » ■� »�■. ;■d} "WILIAD PORTION OF PARCEL 6 OF SAID CERTIFICATE OF COMPLIANCE 00 ,DESCRIBED ASFOLLOWS: BEGINNING AT THE NORTHEAST C■R » - OF SAID PARCEL THENCE ALONG SOUTHEASTERLY LINE ■F SAID PARCEL, SOUTH 25 <»45WEST « <! ; FEET; SAID POINT HE «±F,cf f»F« -fED TO f» POINT THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SAID LINE ALSO BEING NORTHWESTERLY RIGHT-OF-WAY OF FIRST STREET, SOUTH 26,20E SAID SOUTHEASTERLY < NORTH 57044'43" WEST 2192 NORTH 74'58'38" WEST ; ;!!F NORTH © 54" EAST 179.66 F »e -2H :20:. 74.66 F TO THE NORTHERLY LINE ■< SAID PARCEL THENCE ALONG SAID NORTHERLY LINE SOUTH 63058'48" EAST 88,5 FEET «e THE NORT ? ■f» ©f ■�� � f� - «« , ;2< : »� :, < :■ °� »s§<» w .� :. ?e§ <� «§ ■ «» «, «w� . «� «a :�f *e <y ■ ».4 ?!? « � »f� x ;2* - : °�e y *2? < * ■ ? <� ?? y<■+ # y »y� ?» *�? . *» » ?� ,,y� e, <ye' * -� » <»? 292 «y201 ■ « < <ye Fes, SAID PARCEL 3; THENCE SOUTHWESTERLY ALONG SAID LINE, SOUTH 25 °22'45" WEST, 332.42 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 4.462 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "C -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY: ��1 AND J No. 5411 Exp. 9/30/12 EXHIBIT "C -1" POR. TIDE LAND LOCATION NO. 137, QUIT CLAIM DEED, REC. 01125107 \ INSTR. 2007- 000052124 \ \ O. Pa 00 /s `9.� \ I Ng5_�612 E 10 .5 �• \ AO \�tis�,�o,,�. I a, 13X620. 1 4' a rJ OF A 1 C �tC2C 009 -01 T RCL �9095, 4— E 03 0 .h o�00 3 PAR CEL 6 INSTR A i o a� POR. TION �E OF CERfIFICA 2p09-01, 9(9 COMPLY %� �p9 109534 tit- 66. SAS ,' REC. 200900 0 oc� \ ' 6� INSTR• 1 o� T� \ oho 4.462 AC. 11 �o oF�o�, \ \ �' ° s� 0,- / / C,4 4.4623 oF� cO�AFC of itiFO z4 o� �o `- \ / Sig s /a' N Tio STS 2 090 000 9 9`0, `. \ / / �' / / NOEM P PC 00/09 �. / y.L'� OF '0 12115, s�� , J�' , 0RpER3' BK i 2 U� `r;�` O No. 5411 Exp. 9/30/12 \� �OF Cp,� \F� N. T. S. ./ RY V. CASE L.S. 5411 PREPARED IN THE OFFICE OF: "/CITY OF SE AL B EACH Case Land Surveying, Ille, PROPOS D R SIDENTIAL PROJECT AREA SHEET Surveying Mapping GPS Services POR. OF ERTIFICATE OF COMPLIANCE NO. 614 Orange, CA. 2 2009-01, RCRD 3/10/2009, INSTR. OF Orange, CA. 92868 Tel (714) 628 -8948 2009000109534, & POR. TIDE LAND LOC. NO. Joe NQ Fax (714) 628 -8905 137, & POR. 1ST ST. & MARINA DR. COUNTY 11-SEA-791 OF ORANGE, STATE OF CALIFORNIA. FW, -ITM D-1 12805 -0002\ 1472248v6.doc ul'i"KNHIBIT"D" 1-16TAL 1, E 9-Ww'R-TTI,9)J "OPEN SPACE" THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL 5, AND ALSO SAID NORTHWESTERLY RIGTH OF WAY OF FIRST STREET, AND ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 4, AND ALSO THE SOUTHWESTERLY RIGHT OF WAY OF OCEAN AVENUE, 80.00 FEET IN WIDTH, AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE, SOUTH 540 44'12" EAST, 60.08 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 6.424 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY: 0) AND c ��' �3 0 J � No. 5411 Exp. 9130112 Ll`s.i iJl1i ti 1 T 1 GPg���L 5P� N. T. S. �O O� orO d00 60 o' r�G /O Dk (9009°0 �W. •titi6� N. h Ps C8' rn �R I W1z 3° . � I �WOw2 •��. \ 0. U U CC i \ z 0 �=,o� \ 6.424 AC. Q) \ \oc9 0\ \ �`8$ 8� / / / \�i�► \ SU e V. No. 5411 � -4 4 v ov ? ON I * F=cp. 9/3002 2y \ POINT OF \ BEGINNING \\ \ ' 9 OF CAS -�F °Q` \ \ LAARY V. CASE L.S. 5411 PREM4RED Case OFFICE Land Suveying; Inc. Surveying Mapping GPS Services 614 Eckhoff St. Orange, CA. 92868 Tel (714) 628 -8948 Fax (714) 628 -8905 -k"' ITY OF SEAL BEACH SHEET ITY PARCEL T PARCELS 4, 5, AND POR. OF PARCEL 6 OF CERTIFICATE OF COMPLIANCE NO. 2009 -01, RCRD 3/10/2009, INSTR. Joe NQ 2009000109534, COUNTY OF ORANGE, 11-SEA-791 STATE OF CALIFORNIA. \ U � Lo A \ O a, o I t- Q) QLL-o o I \ rn kP o►�-v rno U%-�i ZUQ \N I ° z> c� cc :-Z pQl p n Ws z I o `r O o Wo° I W1z 3° . � I �WOw2 •��. \ 0. U U CC i \ z 0 �=,o� \ 6.424 AC. Q) \ \oc9 0\ \ �`8$ 8� / / / \�i�► \ SU e V. No. 5411 � -4 4 v ov ? ON I * F=cp. 9/3002 2y \ POINT OF \ BEGINNING \\ \ ' 9 OF CAS -�F °Q` \ \ LAARY V. CASE L.S. 5411 PREM4RED Case OFFICE Land Suveying; Inc. Surveying Mapping GPS Services 614 Eckhoff St. Orange, CA. 92868 Tel (714) 628 -8948 Fax (714) 628 -8905 -k"' ITY OF SEAL BEACH SHEET ITY PARCEL T PARCELS 4, 5, AND POR. OF PARCEL 6 OF CERTIFICATE OF COMPLIANCE NO. 2009 -01, RCRD 3/10/2009, INSTR. Joe NQ 2009000109534, COUNTY OF ORANGE, 11-SEA-791 STATE OF CALIFORNIA. E -1 12805- 000211472248v6.doc 12 13 14 15 16 1-7 is 19 20 21 22 23 r4 20 26 P-7 2e 'L a : mli - �l f #, 13 K-1 0 ti . � t FS t�iV1+ tA co tA I j� r i, ru w p 'S S.M w FS t�iV1+ tj Id } e®w 970 F-I 12805 -0002\ t 4 72248v6. doc EXHIBIT F If2° � ? « <; , a� y < ■, ■ ! t » <. < <t 2: ■� � t :* ! <�+ » <� ? x< < :, a ! » 2 # »: ! #e< ° a », ;» ■< » «< :,t » <■ ;: » »© y :2 ■ „ << ■< » < :. » »<: ! »w!� <,< »G,.■ ; »�«� » < »« « « <3 <:, » ;< ? » <,» 2» » »<2 :� ■> , >2,»r «,<2 :, »< ;■ :, ■ »» »e! : a:,: . », ; �< ■■�: w.. :.,.� 2 y 222 <� ■f » <» <,y: <■ «J «w �« »«2, » « : <w!,< «: «> :■, » « » y > « < < y » ■, » * ;, < . w! ■ e< ? « <, , +:a « J 2, « »,! ;< �� � »< :■ ;< » « <? t <2 » :�� »ts� < <E. < <, »,: � ■ »�± «»��», < «: w» f « :« »< « ■!, ■! ;, « ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT ! ATTACHED HER<,■ N M. »< !± £§ 212$2 DRIVEWAY EASEMENT EXHIBIT B MAP OF BAY CITY N58'33' POR. OF BLOCK B (RAD M.M. 3 / 19 -7 1 30*W 'CC) L, - IVg°�tti 3 BRA N37*48'12"W (RAD) S28'14'31 "E (RAD PRC) 4 0 DELTA RADIUS LENGTH 1 12*09'49' 500,00, 106, 15' 2 6*24'07' 200, 00' 22,33, 3 11*26*32' 90,00, 4 11' 12'25' 400, 00' 5 9*33'41' 440, 00' 6 11 * 26' 52' 50 f 99, 7 *l 00 17, B8' 460, 00' 100. 12, 1:1 BEARING DISTANCE I S50*18'37'W 42,77' 2 N21*50'35'W 41,78' 3 N50*1837'E 42,77' 4 S54*44'12'E 40,08' 5 S54*44'12'E 13,95'