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HomeMy WebLinkAbout860025.tiff RESOLUTION RE: APPROVAL OF IMPROVEMENTS AGREEMENT - ACCORDING TO POLICY REGARDING COLLATERAL FOR INTERNAL IMPROVEMENTS BETWEEN WELD COUNTY AND BEEBE DRAW LAND COMPANY, LTD. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, pursuant to Section 11-1 of the Weld County Subdivision Regulations , the Board has been presented with an Improvments Agreement according to the policy regarding collateral for internal improvements, said Improvements Agreement being between Weld County and Beebe Draw Land Company, Ltd. , and WHEREAS , after review, the Board deems it advisable to approve said Improvements Agreement, with the terms and conditions being as stated in the Agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement according to the policy regarding collateral for internal improvements between Weld County and Beebe Draw Land Company, Ltd. be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 30th day of December, A.D. , 1985 . .(- Nriti �. tutziaz2 BOARD OF COUNTY COMMISSIONERS ATTEST: __ Un WELD COUNTY OLORADO Weld County Clerk and Recorder and Clerk to the Board acq ine Jo nson, Chairman p� EXCUSED B': U7y--riu a ,r 4',ic7,r g) Gene R. Brantner, Pro-Tem eputy County C rk ,�7 � • APPROVED TO FORM: C.W. Ki c�c (i 10,77),,,,a_ G r County Attorney i 1 71 // Frank Yamag ✓ 1 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this 30TH day of DECEMBER 1985, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County" , and Beebe Draw Land Company, Ltd. , a Colorado limited partnership, hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: SEE ATTACHED LEGAL WHEREAS, a final subdivision plat of said property, to be known as BEEBE DRAW FARMS AND EQUESTRIAN CENTER FIRST FILING has been submitted to the County for approval ; and WHEREAS, Section 11-1 of the Weld County Subdivision -Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a time schedule for 'completion, are listed in Exhibit "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance -and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and land Surveyor registered in the State of -Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, -but not be limited to, surveying, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 16c125 3.0 Construction: Applicant shall furnish and install , at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attachedhereto and made a part hereof 'by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawirgs approved by the County and the specifications adopted try the -County for such improvements. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and -shall furnish copies of test results to the County. 3.3 At all times during said contraction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material -or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at the Applicant's -expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of interior roads, -water, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this -Agreement, within the construction schedule appearing in Exhibit "B" . The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the -Applicant subject to the terms of Section 6 herein. 4.0 -Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability 1-oss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgements rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by county in defending such suit, action or claim -whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, -2- agents, employees or otherwise except for the liability, loss or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman' s compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the Laws and regulations of the State of Colorado governing occupational safety and health. 5.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B" , and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 5.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets for release of the collateral for that portion of the work. Not sooner than nine months after the initial release of collateral the County Engineer shall , upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant( s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend release of the warranty collateral . 6.0 General Requirements for Collateral : 6.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this agreement. The Applicant is in the process of forming a Metropolitan District as expeditiously as possible which, upon its formation, will fund the cost of the improvements that are the subject of this agreement, with the exception of telephone and electrical services. Until the formation of the Metropolitan District the following security agreements will be in effect: -3- a) For the telephone, electric and water availability, advance cash payments will be made to the utility companies involved covering the total cost of the first phase contracts with each for providing service. The standard utility company land development contracts of Mountain Bell and Union REA shall provide that the refunds or rebates due to the developer for each line that has been put in service will be paid into an escrow account to be used to pay for additional services as required until all of the platted lots in the Beebe Draw Farms PUD have had service lines extended to them. b) The cost of the interior roads and water distribution system will be secured by a "set aside" agreement to be approved by the County with the development lender. The Plat shall be recorded within six months of the Final Plat approval . If the Metropolitan District has not been completed within 18 months of the recording of the Final Plat other acceptable collateral will be provided to the County. The Applicant may request that the County extend the period for the formation of the Metropolitan District provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed in accordance with the schedule in Exhibit "B" unless the Applicant requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 6.2 The Applicant may choose to provide for a phased development by means of designating portions of a Planned Unit Development, Subdivision, or Change of Zone, that the Applicant wishes to develop. The Applicant would need only to provide collateral for the improvements in each portion of the Planned Unit Development, Subdivision, or Change of Zone, which are not covered by collateral which will prohibit the conveyance of the property or the issuance -4- CJ/- of building permits on said portions until collateral is provided for those portions or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral . This paragraaph shall be interpreted to allow the tendering of contracts for deed which contain provisions that indicate that utilities and other improvements will not be available to service the lot until a date certain and providing that the actual deed conveying said lots is to be placed in escrow and building permits not be issued until the utilities and improvements are in place or the restictions are lifted by the County upon a showing that another governmental entity, such as a Metropolitan District, is available to guarantee the construction of the utilities and improvements. 6.3 Applicant intends to develop in phase(s) in accordance with Exhibits "A" and "B" . 7.0 Improvements Guarantee: If collateral is needed in the future for any work not provided for by the Metropolit-an District, the five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 7.1 An irrevocable Letter of Credit from a federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: - The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B" . - The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. - The Applicant may draw from the Letter of Credit in accordance with the provisions of this policy. - The issuer of the Letter of Credit shall _guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall -5- disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i .e. , streets, sewers, water mains and landscaping, etc.) . The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. - The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. - The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall the either the date of release by Weld County of the final 15%, or one year from the date of Final Plat approval , whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the clerk to the Board of County Commissioners. 7.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: - In the event property within the proposed development is used as collateral , an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. - In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale -6- of the property. - A title insurance policy insuring that the Trust Deed creates a valid encumbrances which is senior to all other liens and encumbrances. - A building permit hold shall be placed on the encumbered property. 7.3 Escrow Agreement that provides at least the following: - The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. - The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. - The escrow agent will be a Federal or State licensed bank or financial institution. - If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 7.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 7.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 8.0 Request for Release of Collateral : Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 8.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 8.2 Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH Materials Manual . -7- 8.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 8.6 The requirements in 8.0 thru 8.5 shall be noted on the final construction plans. 8.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the Applicant may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 The request for release of collateral shall be accompanied by "Warranty Collateral " in the amount of 10% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 8.9 The warranty collateral shall be released to the Applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 9.0 The obligations of Applicants hereunder shall not be assigned without the prior written consent of the County, but such consent shall not be unreasonably withheld. 10.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the -8- Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreemennt to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, -COLORADO 604zicnk,&;,v4\ref\one-- ATTEST %.,,,"I (-/-7,7&' � Jr,'r 4 t�ia, .. l� �' Weld County Clay k and Recorder and Clerk to the Boar By: � y//� epufy tin y C 7 __ APPROVE S TO FORE. oun o ney APPLICANT: BEE _ DRAW AND COMPANY, LTD. 1Mo ris 4nig, GerTeral Partner Subscribed and sworn to before me this ,....FewLday offie,„dn,__ , 1985. My commission expires: ;1,,,c ,a ,y,6, i- ' r----- ( ,Grp.-t ,l7lrr-av�ti_ K_.,/No ary Public -9- iiIIIT " 1" ;:i.',)i_ I Name ui ul;alvisicn: Beebe Draw Farms & Equestrian Center PUD Filing: First Location: See Attached Legal Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19 , recorded on 19 in nook Page No. . . Reception No. , the following improvements. (Leave spaces blank where they do not apply: ) Estimated InInrovericncs Unit Cost Construction Cost Street eradine $9 - $30 per linnear foot $279,875 Street base Street paving KRIXXXX, iillWtsiLXXA(Ad culverts Sidewalks Storm Sewer facilities Retention ponds Ditn improvements Sub-surface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house ennr.) On-site Sewaee facilities by Home Owners On-site Water supply ana storage Water mains and 632,000 Fire hydrants Survey & street mor.uents 6 boxes Completed Street liehtine Street name signs 180 x $24 ' 41320 Fencing reouirertents Landscaping 60.000 Park improvements Flwrtrir 144,000 TP1 PpbonP 380.000 SUE-TOTAL Completed Engineering and Supervision Costs $5,0n0 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ S 1,505.195 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly chorized agent. Said improvements shall be completed accordi to the onscruction schedule sec out in Exhibit "B". Bee raw La Company, Ltd. Signet re or Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 —11— E :HIn iT "5" PHASE I ;Came of i:bdivi:,ion: Beebe Draw Farms & Equestrian Center BUD Filing: First Location: See Attached Legal Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Beebe Draw Farms & Equestrian Center, First Filing Subdivision, dated 19 , Recorded on 19 , in Book , Page No. ' Reception No. the following schedule. All improvements shall be completed within 6 years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: SEE ATTACHED PLAT MAP (Leave spaces blank where they do not apply.) Inprovements Time for Completion Street grading Street base Street naving Curds , :utters , anc cuiverta Sidewalks Storm Sewer facilities Retention ponas Ditch improvements Sub-surface drainage Sanitary sewers Trunk ana forced lines Gains Literals (house conn) On-site Sewage facilities On-,ite Water supply and sroraee Water .mains Fire hydrants Survey street monuments S boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements SUB-TOTAL • The County, at its option, and upon the request by the Applicant, may grant 'an extension of time for completion for any particular improvements shown above , upon a showing by the Applicant that the above schedule cannot be met. Signature of Applicant (If corporation, to be signed by President and attested to by Secretary. together with corporate seal.) Date: 19 -12- LEGAL DESCRIPTION — aie A tract of land located in Sections 3, 4, 5, 8, 9, and 10, Township 3 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado, being more particularly described as follows: Commencing at the Northwest Corner of said Section 8 and considering the west line of said Section 8 to bear South 00° 09' 35" East with all bearings herein relative thereto; Thence along said west line of Section 8, S 00° 09' 35" E, 236.16 ' to the true point of beginning; Thence N 89° 50' 25" E. 200.00' ; Thence N 86° 32' 30" E, 1532.79' ; • Thence S 75° 45' 01 " E, 500.00' ; Thence N 38° 50' 00" E, 331 .13' ; Thence S 68° 53' 10" E, 450.00' ; Thence 81 .40' along the arc of a curve to the right, having a central angle of 20° 43' 40", a radius of 225.00' and a long chord that bears N 31° 28' 40" E, 80.95' ; Thence N 41 ° 50' 30" E, 235.00' ; Thence S 48° 09' 30" E, 225.00; Thence 361 .79' along the arc of a curve to the right, having a central angle of 21 ° 01 ' 08", a radius of 986.23, and a long chord that bears S 37° 38' 56" E, 361 .79' ; Thence N 74° 02' 57" E, 850.00' ; Thence S 46° 08' 35" E, 1117.27' ; Thence N 65° 33' 04" E, 266.94' ; Thence 511 .92' along the arc of a curve to the left, having a central angle of 28° 09' 58", a radius of 1041 .35, and a long chord that bears N 51° 28' 05" E, 506.78' ; Thence N 37° 23' 06" E, 366.72' ; Thence 1260.10' along the arc of a curve to the right, having a central angle of 63° 15' 26", a radius of 1141 .35, and a long chord that bears N 69° 00' 49" E, 1197.07' ; Thence S 79° 21 ' 28" E, 1713.22' ; Page 2 Thence 1111 .39' along the arc of a curve to the left, having a central angle of 37° 10' 28", a raidus of 1712.95, and a long chord that bears N 82° 03' 18" E, 1091 .99' ; Thence N 63° 28' 04"E, 701 .29' ; Thence N 10° 11 ' 15" W, 60.10' ; Thence N 11° 06 ' 14" W, 50.00' ; Thence N 10° 11 ' 15" W, 50.01 ' ; Thence N 09° 43' 45" W, 50.02' ; Thence N 09° 16' 18" W, 50.04 ' ; Thence N 11 ° 47' 29" W, 50.00' ; Thence N 15° 27' 08" W, 50.12' ; Thence N 17° 02' 45" W, 100.46' ; Thence S 88° 04' 22" W, 8.11 ' ; Thence N 55° 06 ' 47" W, 68.88' ; Thence N 28° 02' 02" W, 24.62 ' ; Thence N 01° 59' 49" E, 64.86 ' ; Thence N 24° 17' 59" W, 51 .56 ' ; Thence N 34° 33' 13" W, 50.12' ; Thence N 38° 26 ' 37" W, 50.00' ; Thence N 42° 33' 43" W, 50.13' ; Thence N 61° 52' 04" W, 76.22' ; Thence N 89° 17' 02" E, 139.17' ; Thence N 03° 45' 51 " W, 390.32' ; Thence N 70° 52 ' 01 " W, 116.11 ' ; Thence N 72° 17' 16" W, 122.30' ; Thence N 55° 39' 25" W, 181 .68' ; „7 :6c)(1,25- Page 3 Thence N 31 ° 18' 35" W, 1063.87' ; Thence S 58° 31 ' 52" W, 117.39' ; Thence 186.32' along the arc of a curve to the left, having a central angle of 36° 09' 27", a radius of 295.24 ' ; and a long chord that bears N 49° 32' 51 " W, 183.24 ' ; Thence N 67° 37' 31 " W, 82.76' ; Thence N 50° 32' 21 " W, 149.58' ; Thence 251 .81 ' along the arc of a curve to the right, having a central angle of 59° 32' 09", a radius of 242.34 ' , and a long chord that bears N 20° 46 ' 17" W, 240.64' ; Thence N 08° 59' 39" E, 51 .65' ; Thence N 89° 31 ' 39" E, 4040.68' ; Thence S 00° 43' 48"E, 700.00' ; Thence S 44° 50' 44" E, 3309.91 ' ; Thence S 00° 06 ' 00" W, 1677.35' ; Thence N 62° 40' 05" W, 298.38' ; Thence S 38° 04 ' 26" W, 66.71 ' ; Thence S 70° 24' 28" W, 210.50; Thence N 65° 42' 40" W, 1366.02' ; Thence N 44° 48' 50" W, 1115.90' ; Thence S 71° 20' 00" W, 678.95' ; Thence S 43° 34' 00" E, 318.00' ; Thence S 16° 14' 00" E, 175.00' ; Thence S 00° 40' 00" E, 380.00' ; t Thence S 27" 02' 02" W, 73.00' ; Thence N 65° 16 ' 00" W, 155.00' ; Thence N 56° 09' 00" W, 462.00' ; Ct? Page 4 Thence N 68° 59' 00" W, 256.00' ; Thence S 31 ° 13' 00" W, 248.00' ; Thence S 80° 26' 00" W, 196.00' ; Thence N 65° 07' 00" W, 214.52' ; Thence N 29° 11 ' 51 " W, 43.34' ; Thence N 35° 35' 04" W, 285.27' ; Thence N 69° 49' 46" W, 52.20' ; Thence N 34° 41 ' 43" W, 94.87' ; Thence N 40° 48' 08" E, 154.56' ; Thence N 72° 48' 51 "E, 101 .53' ; Thence N 31 ° 54' 29" E, 62.43' ; Thence N 00° 00' 00" E, 57.00' ; Thence N 10° 53' 08" W, 105.90' ; Thence N 07° 06' 02" W, 291 .23' ; Thence N 11 ° 50' 01 " W, 107.28' ; Thence N 33° 54 ' 04" W, 150.60' ; Thence N 07° 02' 17" W, 163.23' ; Thence N 36° 47' 35" E, 143.90' ; Thence N 57° 06 ' 34" W, 102.50' ; Thence N 65° 59' 14" W, 50.60' ; Thence N 69° 22' 13" W, 50.23 ' ; Thence N 71 ° 52 ' 38" W, 50.07' ; Thence N 74° 30' 37" W, 50.00' ; Thence N 77° 01 ' 49" W, 50.04' ; Thence N 79° 52' 59" W, 50.19' ; Thence N 78° 58' 20" W, 50.13' ; Thence N 77° 22' 24" W, 50.05' ; Page 5 Thence 75° 18' 44" W, 50.00' ; Thence N 73° 56 ' 14" W, 50.01 ' ; Thence N 75° 59' 59" W, 50.01 ' ; Thence N 78° 03' 33" W, 50.0C' ; Thence N 77° 49' 51 " W, 50.07' ; Thence N 78° 30' 57" W, 50.10' ; Thence N 88° 50' 24" W, 75.38' ; Thence N 27° 27' 03" W, 179.31 ' ; Thence N 38° 44' 16" W, 50.00' ; Thence N 37° 14' 56" W, 50.03' ; Thence N 38° 51 ' 09" W, 50.00' ; Thence N 39° 46 ' 09" W, 50.00' ; Thence N 38° 18' 17" W, 5.22' ; Thence S 63° 28' 04" W, 684.18' ; Thence 1176.27' along the arc of a curve to the right, having a central angle of 37° 10' 28", a radius of 1812.95, and a long chord that bears S 82° 03' 18" W, 1155.74 ' ; Thence N 79° 21 ' 22" W, 1713.22' ; Thence 1149.69' along the arc of a curve to the left, having a central angle of 63° 15' 26" , a. radius of 1041 .35' ; and a long chord that bearsS 69° 00' 49" W, 1092.19' ; Thence S 37° 23' 06" W, 211 .72' ; Thence S 52° 36 ' 54" E, 357.78' ; Thence S 34° 55' 55" E, 423.91 ' ; Thence S 20° 56 ' 25" E, 650.00' ; Thence S 23" 33" 37" E, 293.98' ; Thence S 31° 19' 19" E. 302.65' ; Thence S 41° 32' 24" E, 327.37' ; • C(v2-1- Page 6 Thence S 06° 35' 57" E, 425.17' ; Thence S 12° 04 ' 51 " E, 380.70' ; Thence S 00° 16 ' 43" W, 348.60 ' ; Thence S 17° 17' 09" E, 207.35' ; Thence S 72° 26 ' 30" E, 54.60' ; Thence S 42° 24 ' 28" E, 646.46 ' ; Thence S 89° 37 ' 56" E, 91 .83' ; Thence S 00° 22' 04" W, 495.00' ; Thence N 89° 41 ' 05" E, 50.00' ; Thence S 00° 22' 04" W, 470.00' ; Thence S 89° 41 ' 05" W, 398.67' ; Thence N 75° 25' 39" W, 450.00' ; Thence N 79° 40' 14" W, 400.00' ; Thence N 62° 09' 50" W, 450.00' ; Thence N 37' 13' 43" W, 1250.00' ; Thence N 88° 16 ' 33" W 170.52 ' ; Thence S 13° 54' 57" E 1350.00' ; Thence N 80° 52' 43" W, 534.52 ' ; Thence 167.40' along the arc of a curve to the right, having a central angle of 147° 33' 41 ", a radius of 65.00' , and a long chord that bears S 82° 54' 08" W, 124.83' ; Thence S 89° 18' 09" W, 40.00' ; Thence 227.78' along the arc of a curve to the right, having a central angle of 27° 39' 41 ", a radius of 471 .81 ' ; and a long chord that bears N 76° 52' 00" W, 225.57 ' ; Thence N 63° 02' 10" W, 70.32' ; Thence S 00° 41 ' 51 " E, 311 .57' ; Thence S 89° 18' 09" W, 733.13' ; Page 7 Thence N 46° 54 ' 50" W, 470.00' ; Thence S 83° 33' 14" W, 1250.00' ; Thence N 46° 59' 23" W, 1326 .17' ; Thence S 55° 46 ' 08" W, 97.84 ' ; Thence N 46° 50' 08" W, 749.18' ; Thence S 16° 50' 00" W, 866.53' ; Thence S 73° 10' 00" E, 287.55' ; Thence S 40° 37' 00" E, 268.40' ; Thence 5160 -50 ' 00" W, 235.59' ; Thence S 33° 13' 55" E, 246.33' ; Thence S 89° 18' 09" W, 720.00' ; Thence N 73° 10' 00" W, 363.26' ; Thence N 00° 09' 35" W, 4916.81 ' to the true point of beginning. Said tract contains 1207.721 acres more or less. /46(62 ' Hello