HomeMy WebLinkAboutSubLease Fresno Co and Shaver Lake Civic League 94-637.pdf SUBLEASE
THIS AGREEMENT, made and entered into the
1
2 day of October, 1994 by and between the COUNTY OF FRESNO, a
3 political subdivision of the State of California, through County Service
4 Area No. 31 ("CSA #31), hereinafter referred to as ("the Lessee"),
5 and the SHAVER LAKE CIVIC LEAGUE, a nonprofit corporation duly
6 organized under the laws of the State of California, (the "Sublessee").
WITNESSETH:
7
8 That the Lessee for and in consideration of the faithful
9 performance by the Sublessee of the terms, covenants, and
agreements hereinafter set forth to be kept and performed by the
10
11 Sublessee does hereby sublease that certain real property hereinafter
12 described (the "subleased premises"), for the primary term of five (5)
13 years, commencing on the 1st day of July, 1994, but effective
14 retroactively to commence on the 1st day of May, 1994, at no
15 additional cost to Sublessee, and ending on the 30th day of June,
16 1999, unless sooner terminated, as herein provided, or by the terms
17 of the Master Lease agreement between the Southern California
18 Edison Company (hereinafter referred to as Edison) and Lessee
19 concerning the subleased premises, dated July 13, 1982 (the "Master
20 Lease), a copy of which is attached hereto, and incorporated herein as
21 though its terms and conditions were fully set out below, solely for
22 the purposes hereinafter specified, upon and subject to the covenants,
23 conditions, restrictions, reservations, exceptions, and rights and
24 obligations hereinafter set forth. Where there is an inconsistency
25 between the terms and conditions of this Agreement and the terms
26 and conditions of the Master Lease, the terms and conditions of the
27 Master Lease shall prevail.
28 Lessee agrees to allow Sublessee an option to continue on
said subleased premises for one additional five (5) year term after the
primary term, under the same terms and conditions, subject to the
1 condition precedent that the Master Lease continues to be in effect
2 during such additional term. The five (5) year option will be renewed
3 by Sublessee advising Lessee by giving a written notice prior to April
4 30th, 1999 to Lessee that said option is exercised.
5 The premises hereinabove referred to is located in the
6 County of Fresno, State of California, and is described as follows, to
wit:
7
SEE THE LEGAL DESCRIPTION OF THE LEASED PREMISES
8 IN ATTACHMENT "I" AND THE PICTORIAL DESCRIPTION
9 THE MAP MAP IN ATDTAC MENTAS"Tboth of Dwhi h area OF
attached hereto and made a part hereof as though fully set
10 out herein.
11 SUBJECT TO:
12 Covenants, conditions, restrictions, reservations,
13 exceptions, rights, encumbrances, licenses and easements, whether
14 of record or not.
15 I. Sublessee agrees to pay the Lessee for the use of said
16 subleased premises, the sum of Sixty Dollars ($60.00) per one (1) year
17 period (or the pro-rated fractional sum thereof where the last payment
18 period of the term may be for less than a one (1) year period) on or
19 before the fifteenth day of August of each year that this Agreement is
20 in effect. Funds will be deposited into County Service Area 31.
21 2. Any holding over after the expiration of said terms,
22 with the consent of Edison and Lessee, shall be construed to be a
23 tenancy from month to month, at a rental of Five Dollars ($5.00) a
24 month and shall otherwise be on the terms and conditions herein
25 specified as far as applicable.
26 3. The Sublessee agrees to use the above-described
27 subleased premises for the construction, operation and maintenance
28 of facilities, including but not limited to, the Shaver Lake Community
Building, and associated improvements to the real property such as
1 the parking lot, the playing fields, etc., as may be approved by the
2 County Board of Supervisors, in order to provide extended services to
3 CSA #31, namely, structural fire protection and recreation facilities,
4 including but not limited to those which, pursuant to a separate
5 agreement by and between CSA #31 and Sublessee, Sublessee
6 provides to CSA #31 . In the event the subleased premises are no
7 longer used by Sublessee for such purposes, the Sublease is
8 terminated by Lessee, the rights granted herein revert to Lessee,
9 provided, however, that Lessee shall continue to observe all terms of
10 the Master Lease, and in particular, shall use the formerly subleased
11 premises only for those purposes stated in paragraph 3 of the Master
12 Lease, which provides: "The Lessee agrees to use the above
13 described premises for the construction, operation and maintenance
14 of facilities, as approved by the Board of Supervisors, to serve the
15 Shaver Lake property owners and residents." Sublessee, in such use
16 of said subleased premises, shall not unlawfully discriminate against
17 anyone based upon his or her use or intended use of the subleased
18 premises, content of speech upon the subject subleased premises,
19 identity, race, religion, color, national origin or ancestry, physical
20 handicap, medical condition, marital status, age, sex, or political
affiliation.
21
22 4. 'This Sublease is subject to that Sublease between
23 County and Sierra Joint Union High School District, and the Sublease
24 between County and the Shaver Lake Community Center Chapel
Association.
25
26 5. Sublessee shall hold Edison and Lessee, its officers,
27 agents, and employees harmless from and against any and all losses,
28 claims, costs and expenses (including, but not limited to reasonable
attorney's fees and court costs, and any taxes for which Edison and
Lessee becomes liable due to the operation of this Agreement), suits,
1 damages, and liability whatsoever resulting from or arising out of or in
2 any way connected with Sublessee's use of the leased premises.
3 6. Sublessee, by executing this Agreement understands
a
that all its rights hereunder are subordinated to and conditioned upon
5 the covenants, conditions, restrictions, reservations, exceptions, and
6 rights and obligations which are found in the Master Lease.
7 Furthermore, Sublessee agrees to accept, perform and assume all of
8 those obligations and responsibilities that are placed upon Lessee in
9 said Master Lease, and all such obligations and responsibilities shall
10 be fully binding upon Sublessee in this Agreement, as such provisions
11 apply to the subleased premises.
12 7. If any part of the subleased premises shall be taken for
13 public or quasi-public use by right of eminent domain, or transferred
14 by agreement in connection with such public quasi-public use, with or
15 without any condemnation action or proceeding being instituted, the
16 award shall belong to and be paid to Edison, except that any portion
17 of the award attributed to improvements made in or placed upon the
18 leased subleased premises shall go to Sublessee.
19 8. In addition to the remedies that Edison and Lessee may
20 have, as provided herein or by law, Edison and Lessee may terminate
21 this Agreement upon at least thirty days (30) advance written notice
to Sublessee if Sublessee breaches any material provision of this
22
23 Agreement or Master Agreement.
24
If there is any unearned rent retained by Lessee, on
25 Sublessee's account, Sublessee shall be entitled to a refund thereof,
26 unless the cost of claims, liens, loss, damage, actions, causes of
27 action, expenses, and/or liability, including, but not limited to, costs
28 and expenses and reasonable attorneys fees (hereinafter referred to as
"damages") proximately caused by Sublessee's material breach
exceeds the sum of such rent remaining. In such case, Lessee shall
1 be entitled to offset such unearned rent against such damages.
2 However, such right to offset shall not in any way be regarded as a
3 limit to the amount of compensation for damages to which Lessee is
entitled because of Sublessee's material breach.
4
5 In addition to the foregoing, should Sublessee fail or refuse
6 to vacate the subleased premises, Lessee may bring an action for
7 unlawful detainer, and obtain costs and expenses and reasonable
8 attorneys fees to which Lessee is entitled.
9 The waiver by Lessee of any breach of any of the
10 provisions of this Agreement shall not constitute a continuing waiver
it or a waiver of any subsequent breach by Sublessee either of the same
12 or another provision of this agreement.
13 9. Upon the termination of this Agreement, for any reason
14 whatsoever, Sublessee shall, at or before the end of such time, at its
15 own cost, and 'to the satisfaction of the Edison and Lessee:
16 (a) remove all of its structures, improvements and
17 appurtenances, and restore the subject subleased premises to its
18 original condition unless the parties hereto agree to a purchase by
19 Lessee, or if the Lessee declines to purchase same within a
20 reasonable time after an offer of sale by Sublessee, then Sublessee
21 and Edison may agree to a purchase by the Edison, of any of such
22 structures, improvements or appurtenances; and
23 (b) peaceably surrender possession of the subject
24 sublease premises to the Lessee who shall be entitled to reenter said
25 subleased premises, provided that the term of the Master Lease shall
still be in effect. If the term of the Master Lease shall be terminated
26
27 at the same time this Agreement is terminated, the Sublessee shall
28 peaceably surrender possession of the subject subleased premises to
the Edison who shall be entitled to reenter said subleased premises.
10. This Agreement shall be binding upon and inure to the
1 benefit of the parties hereto and their respective successors-in-interest
2 assigns (as permitted by Edison), and legal representatives. By the
3 execution of this Agreement, Lessee and Sublessee consent to all of
its terms and conditions contained herein.
4
5 1 1 . Sublessee represents, covenants, and warrants that it
6 has the legal capacity to sue and be sued and enter into this
7 Agreement and that Sublessee is a duly organized and legally existing
8 nonprofit corporation in good standing in the State of California. Each
9 individual executing or attesting this Agreement on behalf of the
10 Sublessee hereby covenants, warrants, and represents: (i) that he or
she is duly authorized to execute or attest and deliver this Agreement
11
12 -on--behalf of such corporation in accordance with a duly adopted
13 resolution of the corporation and in accordance with such
14 corporation's bylaws; and (ii) that this Agreement is binding upon
15 such corporation.
16 12. This Agreement is not intended to and will not be
17 construed to create the relationship of principal-agent, master-servant,
18 employer-employee, partnership, joint venture or association among
19 Edison, Sublessee and Lessee or any of them; neither is any party an
20 officer of the other. Each of the parties, their officers, agents and
21 employees, in their performance of this Agreement, shall act in an
22 independent capacity between each other.
23 13. Any matters of this Agreement herein contained may
24 be extended or altered from time to time by the written mutual
25 consent of Edison, Lessee, and Sublessee prior to termination of this
26 Agreement.
27
14. Sublessee and Lessee may not assign, transfer, or
-
subcontract their obligation of this Agreement or any rights hereunder
28
without the prior written consent of the Edison, Lessee, or Sublessee.
15. Any controversy or claim arising out of or relating to
this Agreement which cannot be amicably settled without court action
t
2 shall be litigated in a California State Court for Fresno County,
California.
3
4 16. The rights and obligations of the parties and all
5 interpretations and performance of this Agreement shall be governed
6 by all respects of the laws of the State of California.
7 17. This Agreement constitutes the entire agreement
8 between Sublessee and Lessee with respect to the subject matter
9 hereof and supersedes all previous negotiations, proposals,
10 commitments, writings, advertisements, publications and
11 understandings of any nature whatsoever unless expressly included in
12 this Agreement.
13 IN WITNESS WHEREOF, the parties hereto have executed
14 this Agreement by their officers or representatives duly authorized as
15 of the date and year first above written.
LESSEE:
16
COUNTY OF FRESNO,
17 THROUGH CSA #31
18
B
19 y
A. Vernon Conrad, Chairman
20 Board of Supervisors
21
SUBLESSEE:
22
SHAVER LAKE CIVIC LEAGUE
23 . 1
24 B ZC l%1itC: , l�GfIcZC�1
25
ATTEST: Shari Greenwood, Clerk
26 Board of Supervisors
27
By
28
APPROVED AS TA LE(� FORM:
PHILUP.�S. C0 N, O;NTY COUNSEL
By Y ,
2 l _
3 APPROVED AS TO ACCOUNTING FORM:
4 TREASURER TAX OCOLLECTORR-CONTROLLER/
5 '
ey
6
7 REVIEWED & (RECOMMENDED FOR APPROVAL
8
By
9
ICHARD D. WELTON, DIRECTOR
10 PUBLIC WORKS & DEVELOPMENT SERVICES
11 APPROVED BY LESSOR:
12 SOUTHERN CALIFORNIA EDISON COMPANY
ASSIGNEE OF MASTER LEASE FROM
13 ASSOCIATED SOUTHERN INVESTMENT
COMPANY
14
By
15
D. L. MILLER
16 Regional Manager
Land Services Division
17 Real Properties and
Administrative Services
18
19 Accounting Use Only:
20 Fund: 2131
Budget: 91711
21 Division:
Account: 72:93 3y0D
22 Requisition No.
23 A:\SHAVERLAKE_VPD -
24
25
26
2'7
28
L-054 Shaver Lake
1 L E A S E
2 :HIS AGREEMENT, made and entered into as of the/ ,day
3 c.f LlP , 19,&Ii by and between ASSOCIATED SOtT:Hr=
4 INVES-111EIVCOMPANY, a corporation, organized under the laws of
5 the State of California, whose address is P.O. boa 410, Long
6 each, CA 90801, hereinafter called the 'Lessor', and the COUv-y
7 OF FRESCO, whose address is 2220 Tulare Street, 8th Floor,
= Fresno, CA 93721, hereinafter called the 'Lessee'.
9 W I T Y E S S E T Ht
10 That the Lessor for and in consideration of the faithful
11 performance by the Lessee of the terms, covenants and agreements
12 hereinafter set forth to be kept and performed by the Lessee does
13 hereby lease that certain real property hereinafter described,
14 for the primary term of twenty five (25) years, commencing on the
15' lot day of July, 1982, and ending on the 30th day of June, 2007,
16 unless sooner terminated as herein provided, solely for the
17 purposes hereinafter specified, upon and subject to the
IS reservations, terms, covenants and conditions hereinafter set
19 forth.
20 The real property hersinabove referred to is located in the
21 County of Fresno, State of California, and is described as
22 follows, to wits
23 SEE EXHIBIT 'A' A: ACHED HERETO AtiD EfADE A PAR. :HEREOF.
24 SUBJECT TOs
25 Covenants, conditions, restrictions, reservations,
26 exceptions, rights: +^ —branees. lirsnses and easements, whether
47 of record or not.
29 1. Losses agrees to pay to Lessor for the use of said
29 premises, the sum of Five Hundred Dollars ($500.00) per year on
30 or before the first day of September.
91 2. Lessor agrees to allow Lessee to continue on said
�j premises for two additional ten (10) year terms after the primary
i term, under the same terms and conditions. Each ten (10) year
2. term will be automatic unless either Lessor or Lessee advises the
3 other to the contrary by giving at least a six (6) month written
4 notice prior to the anniversary date of each term.
s 3. The Lessee agrees to use the above described premises
6 for the construction, operation and maintenance of facilities, as
7 approved by the Board of Supervisors, to serve the Shaver Late
= property owners and residents.
9 4. Lessor reserves for itself, its successors and
10 assigns, the right to construct, maintain, operate, repair,
11 replace and use roads, towers, electric pole lines, pipe lines
12 for any purpose, and appurtenant structures on, over, in, through
13 and across said property, together with the right to enter upon
14 said property, or any portion thereof for any or all of the
1S above-mentioned purposes, all of which rights may be exercised
16 subject to payment of compensation for damages for destruction of
17 or damage to property belonging to Lessee on the above-described
18 land, resulting from the exercise of said rights, or any thereof.
19 S. Lessee shall not assign, sublease or transfer this
20 Lease or any interest thereunder, in whole or in part, without
21
the written consent of the Lessor, and any attempt so to do shall
22 be void and confer no right on any third party.
23 6. Lessee for itself, its successors and assigns, hereby
24 agrees to indemnify, hold harmless, save and defend Lessor, its
25 officers, agents and employees and its successors and assigns,
26 from and ey.;.:.: _. _..z -_: :aims, liens, loss, damage,
27 actions, causes of action, expense, and/or liability, including
28 but not limited to costs and expenses and attorneys fees arising
29 in any way directly or indirectly out of the use of the leased
30 property by lessee, its agents. employees, licensees or invitees
31 except to the extent such claims, liens, loom, etc. are caused by
142 the tortious act or omissida of lessor, its agents or employees.
1 T. Lessee agrees to pay all charges and assessments for
2 or in connection with water, electric current or other utilities
3 which may be furnished to or used upon said premises by Lessee
4 during the continuance of this Lease, and agrees to pay, when
due, all taxes and assessments which may be levied upon any crops
6 or property which he may cause to be grown, placed or maintained
upon the said property, and agrees to keep said premises free
i from all liens and encumbrances by reason of the use or occupancy
9 of said property by Lessee or any person claiming under Lessee.
10 It is further agreed that in the event Lessee shall fail to pay
11 the above-mentioned taxes, assessments, charges or liens when
12 due, Lessor shall have the right to pay the same and charge the
13 amount thereof to Lessee, who agrees to pay the same upon demand,
14 together with ten percent (101) interest from the date of
13 expenditure by Lessor until paid.
16 8. Lessee further agrees that it will not erect or place
17 on said property any fence, building or other structure of any
1S kind, or make any alteration. to the surface of the ground or to
19 any existing drainage condition or structure on said land,
20 without first securing the written consent of Lessor thereto;
11 that it will not commit any waste or damage, nor suffer any to be
22 done; that it will at all times keep said property free from
23 weeds, brush and all accumulation of inflammable material and
21 Slrowth; that it will keep said premises clean, free from rubbish
25 and debris; that the use of said property under this Lease shall
26 be subject to anu or :• i—z� fere with the construction,
27 operation, presence and/or maintenance by Lessor, its successors
2t or assigns, of electric pole lines, pipe lines for any purpose,
29 and appurtenant structures, on, over, in, through and across the
30 aforesaid property; that it will cooply with all the rules,
31 regulations and orders of the State and County • Horticultural
.- commissioners, or other lawful authority, in regard to
'... -,..,wit'•-•- - - .. �-. . _ _ - .. . _. '.�t�:xk:':� -.._+.---.r,.•
1 eradication, destruction and control of insect and animal pests,
2 plant diseases and noxious weeds upon said property.
3 9. Lessee shall not install, operate or maintain or
4 cause to permit to be installed, operated or maintained any
5 electrically charged fence on the said premises. Should Lessee
6 de,sire to install any fence on said premises, he shall obtain the
7 prior written approval of Lessor thereto.
11 10. Lessee shall have the right to terminate this lease
9 and surrender said premises to Lessor by giving to said Lessor
10 one hundred and eighty (180) days previous notice in writing for
11 that purpose, provided, however, the Lessee shall, within said
12 period of time, perform all the obligations of this Lease on big
13 part to be performed up to the time of such termination.
14 11. No termination or cancellation hereof shall release
is Lessee from any liability or obligation which may have attached
16 or accrued previous to or which may be accruing at the time of
17 such termination or cancellation.
is 12. upon the termination of this lease by the expiration
19 of the term thereof or otherwise, Lessee. agrees to peaceably quit
a
20 and surrender the premises to Lessor and to restore the property
21 to its original condition unless the parties agree to a purchase
22 by Lessor of any of the improvements.
23 13. If any part of the premises shall be taken for public
24 or quasi-public use by right of eminent domain, or transferred by
25 agreement in connection with such public or quasi-public use,
26 with or withru. .^•ion or proceeding being
27 instituted, the award shall belong to and be paid to Lessor.
22 except that any portion of the award attributed to improvements
29 made in or placed upon the leased premises shall go to Lessee.
14. Any holding over after the expiration of said terms,
31 with the consent of Lessor, shall be construed to be a tenancy
-- - ---•* ����A. at a -rental of Forty-7bo (142.00) Dollars a
1 month and shall otherwise be on the terms and conditions herein
2 specified so far as applicable. "
3 15. The waiver by Lessor of any breach of any term,
A covenant or condition herein contained shall not be deemed to be
s a waiver of such term, covenant or condition or any subsequent
breach of the same or any other term, covenant or condition
herein contained.
i 16. This Lease shall be binding upon and inure to the
9 benefit of the parties hereto and to their respective successors
10 and assigns.
11 IN WITNESS WHEREOF, the parties hereto have caused this
12 instrument to be executed in duplicate as of the day and year
13 herein first above written.
11
1S APPROVED AS TO FORtdt LESSOR:
FLCYYD R. E. VIAU, County Counsel ASSOCIATED SOUTNERII
16 INVEST COMPANY
17 B Y /h �'--� 9
putt' =
VICE PRESIDENT
11 PROVED AS TO ACCOUNTINGt LESSEE:
GARY W PETERSON, Audi tor-ContrOlIer COUNTY OF FRESNO
so Bye .,�_ By
a rma
21 Board Superv' ors
22 Budget 9171 11MSTt
Acct. 7340
Fund 2131 A'%ff CO'_LAN, C16:i of
23 the Po=rd of Supervisors
24
DF
25 DeputF
26
27
2S
29
30
3t
EXHIBIT 'A'
L-054
SHAVER LAKE
that certain real property in the County of Fresno, State
of California, described as follows;
COhN:IUNITY CENTER:
That portion of the Southeast quarter of Section 35,
Township 9 South, Range 24 East, Mount Diablo Meridian, des-
cribed as followss
Beginning at a rebar with cap, stamped 'RCE 12769,' set
for the Northwest corner of the Southeast quarter of the South-
east quarter of said Section 35, said rebar bears North 89' SS'
35' West a distance of 1316.13 feet from a found one and one-
half inch iron pipe set at the Northeast corner of said South-
east quarter of the Southeast quarter of Section 35, said rebar
also bears South 89' 55' 35' East, a distance of 1357.96 feet
from a found 4s4 in a rock sound set at the Northwest corner of
the Southwest quarter of the Southeast quarter of said Section
35; thence North 89' 55' 3S' West, along the North line of said
Southwest quarter of the Southeast quarter, a distance of
359.68 feet: thence NORTH, 210.41 feet; thence North 29' 38'
45' West, 162.27 feet; thence North 16' 29' 42' West, 340.10
p7Q� feet; thence South 85' 42' 58' Last 468.73 feet to a point in
the centerline of State Highway 168 as now established; thence
a along said centerline the following courses and distances:
South 27' 07' 52' East, 150.00 feet; South 21' 52' 56' East,
80.67 feet; South 13' 41' 44' East, 118.80 feet; South 1S' 47'
35' East, 103.30 feet; South 20' 52' 34' East. 116.98 feet:
South 15' 28' 47' East, 92.66 feet: to the beginning of a tan-
g t gent curve in said centerline, concave Northwesterly, and hav-
ing a radius of 126.16 feet: thence Southwesterly along said
�In N curve through a central angle of 80' 16' 40' an arc distance of
' 176.76 feet: thence tangent to said curve South 64' 47' 53'
West, 100.25 feet, to a point in the Westerly line of said
Southeast quarter of the Southeast quarter of Section 351
thence leaving said centerline North 01' 21' 07' East, along
said Westerly line, 167.93 feet to said rebar not for the
Northwest corner of said Southeast quarter of .the Southeast
quarter of Section 35.
EXCEPTING THEREFRMI those portions thereof hereinafter
described and designated as 'PARCEL 1' and 'PARCEL 2' and being
more particularly described as follows
PARCIEL Is
beginning at a point in the Northerly line of the above
described Community Center, said point being South 85' 42• So-
East, 205.00 feet, measured along said Northerly line fros the
Northwesterly corner of said Community Centerr thence South 04'
17' 02' West, 120.00 feet; thence South 85' 42' Se' East, 110
feet: thence North 04' 17' 02' East, 120.00 fast to said Worth
erly line; thence North 85' 42; 58' West, along said Northerly
line 110.00 feet to said Point of Beginning.
PARCEL 2:
Beginning at a point in the Easterly line of the above
described Community Center, said point being South 27' 07' 52'
East,, measured along said Easterly line, (said Easterly line
being also the centerline of said State Highway 168) a distance
of 115.00 feet from the most Northeasterly corner of said
Community Center. thence South 76' 18' 16' West, 130.00 feet;
thence South 13' 41' 44' East, 50.00 feet; thence Worth 77' 03'
41' East, 140.71 feet to a point in ■aid Easterly line; thence
North 21' 52' 56' West, 18.00 feet and North 27. 07' 52' West,
35.00 feet, along said Easterly line, to said Point of Begin-
ning.
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I1
ATTACHMENT "I"
L-054F
SHAVER LAKE
that certain real property in the County of Fresno, State of California, described
as follows:
COMMUNITY CENTER:
That portion of the Southeast quarter of Section 35, Township 9 South, Range 24 East,
Mount Diablo Meridian, described as follows:
Beginning at a rebar with car),stamped"RCE 12769,"set for the Northwest corner of the
Southeast quarter of the Southeast quarter of said Section 35, said rebar bears North
89'55'35"West a distance of 1316.13 feet from a found one and one-half inch iron pipe
set at the Northeast corner of said Southeast quarter of the Southeast quarter of Section
35, said rebar also bears South 890 55' 35" East, a distance of 1357.96 feet from a
found 4x4 in a rock mound set at the Northwest corner of the Southwest quarter of the
Southeast quarter of said Section 35; thence North 890 55' 35" West, along the North
line of said Southwest quarter of the Southeast quarter,a distance of 359.68 feet;thence
North,210.41 feet;thence North 28'38'45"West, 162.27 feet;thence North 16'28'42"
West,340.10 feet; thence South 850 42'58" East 468.73 feet to a point in the centerline
of State Highway 168 as now established; thence along said centerline the following
courses and distances; South 27' 07' 52" East, 150.00 feet; South 21' 52' 56" East,
80.67 feet; South 130 41'4l." East, 118.80 feet; South 150 47' 35" East. 103.30 feet;
South 200 52'34"East, 116.98 feet; South 15°28'47" East,92.66 feet;to the beginning
of a tangent curve in said centerline, concave Northwesterly , and having a radius of
126.16 feet; thence Southwesterly along said curve through a central angle of 80' 16'
40" and are distance of 176.76 feet; thence tangent to said curve South 640 47' 53"
West, 100.25 feet, to a point in the Westerly line of said Southeast quarter of the
Southeast quarter of Section 35; thence leaving said centerline North 01'21'07" East,
along said Westerly line, 167.93 feet to said rebar set for the Northwest corner of said
Southeast quarter of the Southeast quarter of Section 35.
EXCEPTING THEREFROM those portions thereof hereinafter described and designated
as"PARCEL 1", PARCEL 2"and "PARCEL 3"and being more particularly described as
follows:
PARCEL 1:
Beginning at a point in the Northerly line of the above described Community Center,said
point being South 85°42'58" East,205.00 feet,measured along said Northerly line from
the Northwesterly corner of said Community Center; thence South 04017' 02" West,
120.00 feet; thence South 85042' 58" East, 110 feet; thence North 040 17' 02" East,
120.00 feet to said Northerly line; thence North 850 42' 58" West, along said Northerly
line 110.00 feet to said Point of Beginning.
PARCEL 2:
Beginning at a point in the Easterly line of the above described Community Center, said
point being South 27°07' 52" East, measured along said Easterly Line, (said Easterly
line being also the centerline of said State Highway 168) a distance of 115.00 feet from
the most Northeasterly comer of said Community Center;thence South 76'18'16"West,
130.00 feet;thence South 130 41' 44" East, 50.00 feet; thence North 770 03'41" East,
140.71 feet to a point in said Easterly line; thence North 210 52' 56" West, 18.00 feet
and North 27" 07' 52" West, 35.00 feet, along said Easterly Line, to said Point of
Beginning.
PARCEL I
Beginning at the rebar cap, stamped "RCE 12769" set for the Northwest corner of the
Southeast quarter of the Southeast quarter of Section 35,Township 9 South, Range 24
East. North 1°21'07" East, a distance of 101.50 feet. thence West, 89"55, 35" East.
A distance of 228.00 feet; thence West, 75' 42' 36" East A distance of 145.12 feet;
thence South a distance of 84.00 feet to rebar cap stamped "RCE 12769"thence East
89' 55' 33" East a distance 359.68 feet to the point of beginning.
MP:ldh
g:resou rce\powers\misc\d iscrip.shv
10/19/94
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