Loading...
HomeMy WebLinkAbout060 - 06/06/2000 - AUTHORIZING THE PLACEMENT OF FILL MATERIAL ON CERTAIN REAL PROPERTY OWNED BY THE CITY WITHOUT REVIEW ORDINANCE NO. 60, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE PLACEMENT OF FILL MATERIAL ON CERTAIN REAL PROPERTY OWNED BY THE CITY WITHOUT REVIEW OF SUCH ACTIVITY AS "DEVELOPMENT" WITHIN THE MEANING OF THE CITY'S LAND USE CODE WHEREAS, the City owns approximately 4.07 acres of land known as the Cherry Creek property located at the southwest corner of Boardwalk Drive and Troutman Parkway (the "Property"), which it acquired by means of a treasurer's deed after foreclosure of a Special Improvement District assessment lien; and WHEREAS,by adoption of Ordinance No. 106, 1996,the City Council authorized the sale ofthe Property to Lagunitas Landings,Inc.("Lagunitas")and the City has entered into an Agreement of Purchase and Sale of the Property with Lagunitas; and WHEREAS,on January 24,2000,the City entered into a separate agreement with Lagunitas (the"Fill Dirt Agreement")pursuant to which the City agreed that Lagunitas may transport clean fill dirt onto the Property under the terms and conditions specified in said Agreement; and WHEREAS, upon execution of the Fill Dirt Agreement and fulfillment of its terms and conditions relating to the analysis of the proposed fill material and erosion control,Lagunitas began depositing fill dirt on the Property without having received approval of the City's Planning and Zoning Board under the City's Land Use Code; and WHEREAS,the deposit of refuse,solid or liquid waste or fill on a parcel of land constitutes "development" within the meaning of Section 5.1.2 of the Land Use Code and is therefore subject to the development review procedures established in said Code; and WHEREAS, Lagunitas contends that it will incur substantial additional expense in developing the Property after acquiring the same from the City if Land Use Code review of the activity is required,and Lagunitas contends that the City is estopped from enforcing the provisions of its Land Use Code by reason of the City's execution of the Fill Dirt Agreement; and WHEREAS,for the foregoing reasons,a dispute arose between Lagunitas and the City as to whether review of the fill dirt activity on the Property was subject to the requirements of the Land Use Code in addition to the requirements contained in the Fill Dirt Agreement; and WHEREAS,in order the amicably resolve the dispute between the parties,the City Manager has entered into an Addendum to the Fill Dirt Agreement on May 8, 2000, which provides that, so long as Lagunitas obtains all other permits and approvals required by law; maintains adequate erosion control measures to the satisfaction of the City; adequately safeguards and avoids harm to the existing fox den on the Property to the satisfaction of the City's Director of Natural Resources; and satisfies all requirements of the Fill Dirt Agreement,Lagunitas may continue to deposit fill dirt on the Property without submitting such activity for review by the City as"development"within the meaning of the Land Use Code,pending the City Council's consideration of an ordinance authorizing such activity and exempting Lagunitas from the provisions of the Land Use Code pertaining to the placement of fill dirt on the Property; and WHEREAS, the Council believes that, in view of the safeguards provided by the Fill Dirt Agreement and the Addendum thereto,and in order to avoid potential litigation between Lagunitas and the City with regard to this matter,it is in the best interests of the City to exempt Lagunitas from City review of the fill dirt activity as development under the Land Use Code and to permit the continuing placement of fill dirt on the Property by Lagunitas under the terms and conditions of the Fill Dirt Agreement and the Addendum. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The Council hereby approves the continuing placement of fill dirt on the Property by Lagunitas under the terms and conditions of the Fill Dirt Agreement and the Addendum, copies of which are attached hereto as Exhibits "A" and "B," respectively, and incorporated herein by this reference, notwithstanding any provisions of the Land Use Code to the contrary. Section 2. That except as expressly provided in Section I above,the development of the Property shall be subject to all other relevant provisions of the City Code and Land Use Code. Introduced and considered favorably on first reading and ordered published this 16th day of May, A.D. 2000, and to be presented for final passage on the 6th day of June, A.D. 2000. may` Mayor ATTEST: 1�;eu 174A11Y7-5 Chief Deputy City Clerk Passed and adopted on final reading this 6th day of June, A.D. 0. 44 Mayor ATTEST: City Clerk EXHIBIT "A" AGREEMENT CONCERNING PLACEMENT OF FILL DIRT ON REAL PROPERTY This Agreement is made and entered into this 2�,-t day of January, 2000,by and between the City of Fort Collins, Colorado,a municipal corporation,whose address is 300 Laporte Avenue, Fort Collins, Colorado 80521 (hereinafter referred to as "the City"), and Lagunitas Landings, Inc., a Colorado corporation, whose address is 3307 South College Avenue, Suite 200, Fort Collins, Colorado 80525 (hereinafter referred to as "Lagunitas"). WITNESSETH : WHEREAS, the City is the record owner of that certain real property legally described in Exhibit"A"attached hereto and incorporated by reference(hereinafter referred to as"the Property"); and WHEREAS,the City and Lagunitas have previously entered into that certain"Agreement of Purchase and Sale of Real Property" dated July 15, 1996 (hereinafter referred to as "the Purchase Agreement"); and WHEREAS,pursuant to the Purchase Agreement,the City has agreed to sell and Lagunitas has agreed to purchase the Property; and WHEREAS,the City and Lagunitas have also entered into that certain"Sixth Addendum to Agreement of Purchase and Sale of Real Property" dated March 3, 1999 pursuant to which the City and Lagunitas agreed that the closing for L Dgunitas'purchase of the Property shall occur on or before March 4, 2000; and WHEREAS,prior to such closing,Lagunitas desires to transport and spread fill dirt upon the Property and in doing so, it is willing to assume all risk related to doing so; and WHEREAS,the City is willing to permit Lagunitas to so transport and spread fill dirt upon the Property subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual convents and agreements contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. Lagunitas may transport clean fill dirt onto the Property and spread the same thereon all at the sole cost and risk of Lagunitas. In doing so,Lagunitas shall hire Terracon to examine and test such fill dirt in accordance with the requirements set forth in the letter from David A. Richer, P.E. of Terracon to John Prouty of Lagunitas Company, dated December 7, 1999, a copy of which is attached hereto as Exhibit `B" and incorporated by reference ("the Letter"). Such testing as is called for in the Letter shall occur prior to the placement of any fill dirt upon the Property by Lagunitas. If any fill dirt is determined by Terracon not to satisfy their requirements for clean fill dirt as set forth in the Letter, such fill dirt shall not be placed upon the Property. Lagunitas shall be responsible for all costs and expenses related to hiring Terracon to perform such testing of the fill dirt. 2. It is hereby agreed that in the event the Purchase Agreement fails to close for any reason, that the fill dirt spread on the Property by Lagunitas shall become the sole property of the City. However, in the event that the City does become the owner of the dirt, such ownership shall not relieve Lagunitas of all its obligations under this Agreement. 3. Lagunitas hereby agrees to indemnify and hold harmless the City,and its officers and employees,from any and all claims which might arise from any injury caused or incurred due to the transportation,placement,or spread of the said fill dirt on the Property. In addition,Lagunitas agrees to indemnify the City,and its officers and employees,for all costs and expenses related to defending the City from any and all such claims, including, but not limited to, litigation costs and attorneys fees, whether or not any such claims are groundless, frivolous, false, or fraudulent. 4. The City and Lagunitas expressly acknowledge and agree that this Agreement is made in Larimer County, Colorado,and shall be construed and interpreted in accordance with the laws of the State of Colorado and that the venue for any litigation between the parties concerning this Agreement and the subject matter of this Agreement shall be in Larimer County District Court. 5. This Agreement may not be assigned by either of the parties hereto without the prior written consent of the other party. 6. In the event either of the parties hereto shall default any of their covenants or obligations herein provided and the party not in default commences legal or equitable action against the defaulting party, the defaulting party expressly agrees to pay all the non-defaulting party's reasonable expenses of said litigation, including a reasonable sum for attorney's fees. 7. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. N WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. THE CITY OF FORT COLLINS,COLORADO A Municipal Corporation By: Q2 ' { ' - John Fischbach, City Manager 2 ATTEST: City Clerk AP RO ED AS TO ORM: AAA- Dept-city Attorney LAGUNITASS C9NffttbFY A Colorado Corporation By: \ VY than J. Prouty, President ATTEST: Secretary GUARANTEE The undersigned, Jonathan J. Prouty, as an officer, director and shareholder of Lagunitas Landings, Inc., a Colorado corporation, ("Lagunitas") in order to induce the City to enter into the above Agreement with Lagunitas, and for such other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,hereby agrees to unconditionally guarantee to the City Lagunitas' full and complete performance of the Agreement and of all financial obligations under the Agreement, including all indemnification obligations. The undersigned further waives notice from the City of any breach or default by Lagunitas in the performance of the Agreement and in the event Lagunitas defaults in the performance of any of its obligations under the Agreement,the undersign hereby agrees to perform and satisfy all such obli Y. Jonath routy 3 EXHIBIT page 1 of 2 Parcel 1 College Properties Annexation of the City That portion of the South of Fort Collins, ColoradoRange • 69 West of the situated in the est 6th 1/2 ofP.M. , being nmore Township 7 North, particularly described. as follows: Considering the East-West Centerline of said Section 36 as bearing North 89 degrees 57101" E, and with all bearings contained herein relative thereto. Beginning at the Center One-Quarter Corner of said Section 36; thence along the East-West Centerline of Section 36, South 89 degrees 57101" West, 503.07 feet; thence South 67 degrees 37137" West, 178.13 feet, thence South 39 degrees 23134" West, 410.07 feet; thence South 62 degrees 04112" West 56.33 feet to the true point of beginning. Said point being on a curve concave to the Northeast having a Central Angle of 05 degrees 44132", a Radius of 640.00 feet the long chord of which bears North 09' degrees 22142" West 64.11 feet; thence Northwesterly along the arc of said curve 64.14 feet; thence tangent from said curve North 06 degrees 30126" West, 120.35 feet to the beginning of a tangent curve concave to the Southwest having a Central Angle of 58 degrees 46151" , a Radius of 560.00 feet the long chord of which bears North 35 degrees 53151" West 549.65 feet; thence Northwesterly along the arc of said curve 574.51 feet to the West line of the East 1/2 of the NW 1/4 of said Section 36; thence along said West line South 00 degrees 17132" East, 217.72 feet to the West line of the East 1/2 of the SW 1/4 of said Section 36; thence along said West line South 00 degrees 03143" East, 490.74 feet; thence North 83 degrees 06117" East, 252.02 feet; thence North 62 degrees 04112" East, 106.99 feet to the true point of beginning; EXCEPT that portion conveyed to the City of Fort Collins by instrument recorded August 22, 1983 in Book 2233 at Page 1787. EXHIBIT ."A" .. page 2 of 2 Parcel 2 A PORTION OF LAND LOCATED IN THE WEST HALF OF SECTION 36, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, LARXI'M COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COIMIENCING AT THE CENTER QUARTER CORNER OF THE SAID SECTION 36; THENCE ALONG THE EAST-WEST CENTERLINE OF THE SAID SECTION 36, SOUTH 89 DEGREES 57'02" WEST FOR A DISTANCE OF 503.07 FEET; THENCE LEAVING THE SAID EAST-WEST CENTERLINE, SOUTH 67 DEGREES 37'37" WEST FOR A DISTANCE OF 178.23 FEET; THENCE SOUTH 39 DEGREES 23'34" WEST FOR A DISTANCE OF 410.07 FEET; THENCE SOUTH 62 DEGREES 04112" WEST FOR A DISTANCE OF 56.30 FEET (PREVIOUSLY RECORDED AS 56.33 FEET) TO THE EASTERLY LINE OF THAT CERTAIN TRACT ECEPTION OF LAND DESCRIBED IN AN AMENDED DECREE QUIETING TITLE AS RECORDED AT R NO. 94014542 RECORDS OF THE CLERK AND RECORDER OF THE SAID LARZMER COMM THENCE ALONG THE SAID EASTERLY LINE AS DESCRIBED AT RECEPTION NO. 94014542, ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 640.00 FEET A CENTRAL ANGLE OF 05 DEGREES 44'32" AND AN ARC LENGTH OF 64.24 FEET, BEING SUBTENDED BY A CHORD OF NORTH 09 DEGREES 22'42" WEST FOR A DISTANCE OF 64.11 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG THE SAID EASTERLY LINE, NORTH 06 DEGREES 30'26" WEST FOR A DISTANCE OF 220.35 FEET; THENCE CONTINUING ALONG THE SAID EASTERLY LINE, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 560.00 FEET A CENTRAL ANGLE OF 58 DEGREES 47'02" AND AN ARC LENGTH OF 574.54 FEET BEING SUBTENDED BY A CHORD OF NORTH 35 DEGREES 53'S7" WEST FOR A DISTANCE OF 549.67 FEET (PREVIOUSLY RECORDED AS A CENTRAL ANGLE OF 58 DEGREES 46'51" AND AN ARC LENGTH OF 574.51 FEET, BEING SUBTENDED BY A CHORD OF NORTH 35 DEGREES 53'51" WEST FOR A DISTANCE OF 549.65 FEET) TO THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SAID SECTION 36; THENCE ALONG THE SAID WEST LINE, NORTH 00 DEGREES I7'32" WEST FOR A DISTANCE OF 20.52 FEET TO THE WESTERLY LINE OF TEAT CERTAIN TRACT OF LAND DESCRIBED IN A GP ANT AND DEDICATION OF EASEMENT RECORDED IN BOOK 2233 AT PAGE 1797 RECORDS OF THE SAID CLERK AND RECORDER; THENCE ALONG THE SAID WESTERLY LINE, SOUTH 66 DEGREES 13'42" EAST FOR A DISTANCE OF 0.87 FEET (PREVIOUSLY RECORDED AS SOUTH 65 DEGREES 34'12" EAST 0.84 FEET) ; THENCE CONTINUING ALONG THE SAID WESTERLY LINE, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 576.00 FEET A-CENAL ANGLE OF 59 D TR EGREES 03'46" AND AN ARC LENGTH OF 593.76 FEET, BEING SUBTENDED BY A CHORD OF SOUTH 36 DEGREES 02'19" EAST FOR A DISTANCE OF 567.82 FEET; THENCE CONTINUING ALONG THE SAID WESTERLY LINE, SOUTH 00 DEGREES 33'44" EAST FOR A DISTANCE OF 125.86 FEET TO THE POINT OF BEGINNING- EXHIBIT "B" ADDENDUM This Addendum is made and entered into this M-day of May,2000,by and between the City of Fort Collins,Colorado,a municipal corporation,whose address is 300 Laporte Avenue,Fort Collins, Colorado 80521 (hereinafter referred to as "the City"), and Lagunitas Landings, Inc., a Colorado corporation, whose address is 3307 South College Avenue, Suite 200, Fort Collins, Colorado 80525 (hereinafter referred to as "Lagunitas"). WITNESSETH : WHEREAS,the City is the record owner of that certain real property legally described in Exhibit"A"attachedhereto and incorporatedby reference(hereinafter referred to as"the Property"); and WHEREAS, the City and Lagunitas have previously entered into that certain Agreement of Purchase and Sale of Real Property"dated July 15, 1996(hereinafter referred to as "the Purchase Agreement"); and WHEREAS,pursuant to the Purchase Agreement,the City has agreed to sell and Lagunitas has agreed to purchase the Property; and WHEREAS, the City and Lagunitas have also entered into that certain Agreement Concerning Placement of Fill Dirt on Real Property" dated January 24, 2000 (hereinafter referred to as the "Fill Dirt Agreement") pursuant to which the City agreed that Lagunitas may transport clean fill dirt onto the Property under the terms and conditions specified in said agreement; and WHEREAS,Lagunitas contends that it is entitled under the Fill Dirt Agreement to transport fill dirt onto the Property without the need for approval by the City's Planning and Zoning Board, notwithstanding the fact that the placement of such fill dirt on the Property constitutes "development" under Sec. 5.1.2 of the City's Land Use Code and is therefore subject to the development review procedures established in said Land Use Code; and WHEREAS, the City contends that Lagunitas' ability to place fill dirt on the Property pursuant to the Fill Dirt Agreement is subject to all applicable requirements of law, including, without limitation, the requirements of the City's Land Use Code; and WHEREAS,Lagunitas has begun the placement of fill dirt on the Property without having received approval of the City's Planning and Zoning Board under the LandUs e Code and is desirous of continuing to place fill dirt on the Property without such approval; and WHEREAS,Lagunitas has a source of fill dirt available for a limited period of time and,if Lagunitas is unable to forthwith transfer that fill dirt directly to the Property, Lagunitas contends that it will incur substantial additional expense in developing the Property; and WHEREAS,in depositing the fill dirt on the Property Lagunitas has undertaken all erosion control measures required by the City and has performed all soil tests required by the Fill Dirt Agreement prior to the placement of such material on the property and has committed to continue to meet all such requirements; and WHEREAS, the City Manager is obligated under Sec. 2 of Article III of the City Charter to enforce the laws and ordinances of the City but has reasonable discretion under the law in enforcing the same; and WHEREAS, the parties are desirous of reaching an amicable resolution of their dispute regarding the rights acquired by Lagunitas under the Fill Dirt Agreement. NOW,THEREFORE,in consideration of the mutual promises hereinbelow contained,and other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged by the parties, the parties hereto agree as follows: 1. The City agrees that, so long as Lagunitas obtains all other permits and approvals required by law, maintains adequate erosion control measures to the satisfaction of the City, adequately safeguards and avoids harm to the existing fox den on the Property to the satisfaction of the City's Director of Natural Resources and satisfies all requirements of the Fill Dirt Agreement, Lagunitas may continue to deposit fill dirt on the Property without submitting such activity for review by the City as "development" within the meaning of the Land Use Code, pending the City council's consideration of an ordinance authorizing such activity and exempting Lagunitas from the provisions of the Land Use Code pertaining to the placement of fill dirt on the Property (the "Ordinance"). 2. The City Manager agrees to submit the Ordinance to the Council for its consideration on first reading on May 16, 2000, and to recommend City Council approval of the same. 3. In the event that the City Council does not approve the Ordinance on either first or second reading of the Ordinance,Lagunitas will immediately cease and desist from the placement of any additional fill dirt on the Property unless and until Lagunitas has obtained approval of a final plan under the provisions of the Land Use Code. 4. That the City Manager agrees to forebear from enforcing the provisions of the Land Use Code against Lagunitas with regard to the placement of fill dirt on the Property and to not cause to be issued to Lagunitas,or any of Lagunitas'officers,employees or agents,a citation for violation of those provisions of the Land Use Code until such time,if at all,that the City Council disapproves the Ordinance. Any citation issued by the City after said date shall be limited to any activities conducted by Laguintas after Council's disapproval of the Ordinance. 5. ' Nothing herein shall be construed as a waiver of the parties'rights under the Fill Dirt Agreement,and the parties expressly reserve all such rights,including,without limitation,the right 2 to seek such legal and/or equitable remedies as may be available to them under such agreement. 6. Except as expressly hereinabove modified,the Fill Dirt Agreement shall remain in full force and affect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. THECTTYOFFORTCOLLINS,COLORADO A Municipal Corporation By: ..2 John lUchbach, City Manager AT S dity I APPR ED AS TO FORM: City Att rney LAGUNITAS LANDINGS, INC. A Colorado Corporation By: f� 41 Jon+ J. F'r fr;�sident ATTEST: Secretary 3 ' EXHIBIT "A" page 1 of 2 Parcel 1 That portion of the South College Properties Annexation of the City of Fort •Collins, Colorado situated in the West 1/2 of Section 36, Township 7 North, Range • 69 West of the 6th P.M. , being more particularly described. as follows. Considering the East-West Centerline of said Section 36 as bearing North 89 degrees 57101" E, and with all bearings contained herein relative thereto. Beginning at the Center One-Quarter Corner of said Section 36; thence along the East-West Centerline of Section 36, South 89 degrees 57901" West, 503.07 feet; thence South 67 degrees 37137" West, 178.13 feet, thence South 39 degrees 23134" West, 410.07 feet; thence South 62 degrees 04112" West 56.33 feet to the true point of beginning. Said point being on a curve concave to the Northeast having a Central Angle of 05 degrees 4413211, a Radius of 640.00 feet the long chord of which bears North 09' degrees 22142" West 64.11 feet; thence Northwesterly along the arc of said curve 64.14 feet; thence tangent from said curve North 06 degrees 30126" West, 120.35 feet to the beginning of a tangent curve concave to the Southwest having a Central Angle of 58 degrees 46151", a Radius of 560.00 feet the long chord of which bears North 35 degrees 53151" West 549.65 feet; thence Northwesterly along the arc of said curve 574.51 feet to the West line of the East 1/2 of the NW 1/4 of said Section 36; thence along said West line South 00 degrees 17132" East, 217.72 feet to the West line of the East 1/2 of the SW 1/4 of said Section 36; thence along said West line South 00 degrees 03143" East, 490.74 feet; thence North 83 degrees 06117" East, 252 .02 feet; thence North 62 degrees 04112" East, 106.99 feet to the true point of beginning; EXCEPT that portion conveyed to the City of Fort Collins by instrument recorded August 22, 1983 in Book . 2233 at Page 1787. EXHIBIT ."A" .. page 2 of. 2 . Parcel 2 . A PORTION OF LAND LOCATED IN THE WEST HALF OF SECTION 36, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, LARXM COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF THE SAID SECTION 36; THENCE ALONG THE EAST-WEST. CENTERLINE OF THE SAID SECTION 36, SOUTH 89 DEGREES.57'01" WEST FOR A DISTANCE OF 503.07 FEET; THENCE LEAVING THE SAID EAST-WEST CENTERLINE, SOUTH 67 DEGREES 37'37" WEST FOR A DISTANCE OF 178.13 FEET; THENCE SOUTH 39 DEGREES 23'34" WEST FOR A DISTANCE OF 410.07 FEET; - THENCE SOUTH 62 DEGREES 04'12" WEST FOR A DISTANCE OF 56.30 FEET (PREVIOUSLY RECORDED AS 56.33 FEET) TO THE EASTERLY LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN AN AMENDED DECREE QUIETING TITLE AS RECORDED AT RECEPTION NO. 94014541 RECORDS OF THE CLERK AND RECORDER OF THE SAID LARIMER COUNTY; THENCE ALONG THE SAID EASTERLY LINE AS DESCRIBED AT RECEPTION NO. 94014542, ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 640.00 FEET A CENTRAL ANGLE OF 05 DEGREES 44'32" AND AN ARC LENGTH OF 64.14 FEET, BEING SUBTENDED BY A CHORD OF NORTH 09 DEGREES 22"42" WEST FOR A DISTANCE OF 64.11 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; • THENCE CONTINUING ALONG THE SAID EASTERLY LINE, NORTH 06 DEGREES 30'26" WEST FOR A DISTANCE OF 220.35 FEET; THENCE CONTINUING ALONG THE SAID EASTERLY LINE, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 560.00 FEET A CENTRAL ANGLE OF 58 DEGREES 47'02" AND AN ARC LENGTH OF 574.54 FEET BEING SUBTENDED BY A CHORD OF NORTH 35 DEGREES 53'57" WEST FOR A DISTANCE OF 549.67 FEET (PREVIOUSLY RECORDED AS A CENTRAL ANGLE OF 58 DEGREES 46'51" AND AN ARC LENGTH OF 574.52 FEET, BEING SUBTENDED BY A CHORD OF NORTH 35 DEGREES 53151" WEST FOR A DISTANCE OF 549.65 FEET) TO THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SAID SECTION 36; THENCE ALONG THE SAID WEST LINE, NORTH 00 DECREES 17'32" WEST FOR A DISTANCE OF 20.52 FEET TO THE WESTERLY LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A GRANT AND DEDICATION OF EASEMENT RECORDED IN BOOK 2233 AT PAGE 1787 RECORDS OF THE SAID CLERK AND RECORDER; THENCE ALONG THE SAID WESTERLY LINE, SOUTH 66 DEGREES 13'42" EAST FOR A DISTANCE OF 0.87 FEET (PREVIOUSLY RECORDED AS SOUTH 65 DEGREES 34'12" EAST 0.84 FEET); THENCE CONTINUING ALONG THE SAID WESTERLY LINE, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 576.00 FEET A'CENTRAL ANGLE OF 59 DEGREES 03'46" AND AN ARC LENGTH OF 593.76 FEET, BEING SUBTENDED BY A CHORD OF SOUTH 36 DEGREES 02'19" EAST FOR A DISTANCE OF 567.82 FEET; THENCE CONTINUING ALONG THE SAID WESTERLY LINE, SOUTH 00 DEGREES 33'44" EAST FOR A DISTANCE OF 115.86 FEET TO THE POINT OF BEGINNING.