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CONTRACT 3154 Easement Agreement3154 , CONTINENTAL DEVELOPMENT CORPORATION GIAN -CARLO M. YANKE RECEIVED CORPORATE COUNSEL APR 10 2003 PUBLIC WORKS ENGINEERING April 9, 2003 City of El Segundo Attention: Bellur Devaraj 350 Main Street El Segundo, CA 90245 Via California Overnight RE: "Declaration of Easements" made and entered into on December 10, 2002, by CP Plaza, LLC, relative to the reconfiguration of the sidewalk in front of the Daily Grill Restaurant in El Segundo, which provides a non- exclusive right of access, use and enjoyment for passage and accommodation of pedestrians upon and over the easement areas. Dear Bellur: Enclosed please find a copy of above - referenced recorded document, which evidences that the original thereof was filed with Los Angeles County Recorder's Office on April 7, 3003, as instrument number 0968312. GMY/ cc: Joe Peterson (letter only) Enclosure Very truly yours, V. Yanke .ounsel 2041 ROSECRANS AVENUE, P.O. BOX 916, EL SEGUNDO, CALIFORNIA 90245 -0916 PHONE (310) 640 -1520 • FAX (310) 414 -9279 Recording Requested By And When Recorded Return To: CP Plaza, LLC Attention: Gian -Carlo M. Yanke, Esq 2041 Rosecrans Avenue, Suite 200 El Segundo, California, 90245 y 4 (Space Above this line for Recorder) DECLARATION OF EASEMENTS This Declaration of Easements ( "Declaration") is made and entered into this 10th day of December, 2002, by CP Plaza, LLC, a California limited liability company, with respect to the following: RECITALS A. Declarant is the owner of that certain real property located in the City of El Segundo, County of Los Angeles, State of California, legally described on Exhibit "A" attached hereto (hereafter referred to as the "Property "). B. A sidewalk presently runs appurtenant to Declarant's Property near Rosecrans Avenue as depicted on Exhibit `B" attached hereto (the "Sidewalk"); C. Declarant desires to reconfigure the Sidewalk as shown on Exhibit "C" attached hereto, and following said Sidewalk reconfiguration Declarant desires to impose certain restrictions upon those portions of the Property encompassing said Sidewalk (hereafter the "Easement Areas "), as more fully described herein, and as hereafter legally described in Exhibit "D" attached hereto. D. To effect the foregoing purposes, Declarant declares that the easements within and restrictions upon the Easement Areas to be imposed in accordance herewith shall be imposed as equitable servitudes upon the Easement Area, and all restrictions shall run with the land and shall be binding upon and inure to the benefit of Declarant, all of Declarant's heirs, successors and assigns, and to the City of El Segundo. All references to Declarant hereafter shall include said Declarant's heirs, successors and assigns, respectively. ARTICLE I. EASEMENTS FOR USE AND ACCESS 1.01- EASEMENTS FOR USE AND ACCESS. Declarant hereby grants to the City of El Segundo a non - exclusive right for access, use and enjoyment for (a) the passage and accommodation of pedestrians, and (b) all other uses incidental to such passage in, to, upon and over the Easement Areas as shown on the attached Exhibit "C" and legally K NLIO 1W TIAV "� OrJD §­"'w 6'w (m 1 -7O) E I nos instrument filed for record oy Chicago Titre sk)"ivisim Dect as an accom+nodatlor, only It has not been Rramined as to is executinn o as to its effect upon title of Document Re corded -� OR 3 0 7 x.00 03 09E8312 R Y .,, rl y 4 (Space Above this line for Recorder) DECLARATION OF EASEMENTS This Declaration of Easements ( "Declaration") is made and entered into this 10th day of December, 2002, by CP Plaza, LLC, a California limited liability company, with respect to the following: RECITALS A. Declarant is the owner of that certain real property located in the City of El Segundo, County of Los Angeles, State of California, legally described on Exhibit "A" attached hereto (hereafter referred to as the "Property "). B. A sidewalk presently runs appurtenant to Declarant's Property near Rosecrans Avenue as depicted on Exhibit `B" attached hereto (the "Sidewalk"); C. Declarant desires to reconfigure the Sidewalk as shown on Exhibit "C" attached hereto, and following said Sidewalk reconfiguration Declarant desires to impose certain restrictions upon those portions of the Property encompassing said Sidewalk (hereafter the "Easement Areas "), as more fully described herein, and as hereafter legally described in Exhibit "D" attached hereto. D. To effect the foregoing purposes, Declarant declares that the easements within and restrictions upon the Easement Areas to be imposed in accordance herewith shall be imposed as equitable servitudes upon the Easement Area, and all restrictions shall run with the land and shall be binding upon and inure to the benefit of Declarant, all of Declarant's heirs, successors and assigns, and to the City of El Segundo. All references to Declarant hereafter shall include said Declarant's heirs, successors and assigns, respectively. ARTICLE I. EASEMENTS FOR USE AND ACCESS 1.01- EASEMENTS FOR USE AND ACCESS. Declarant hereby grants to the City of El Segundo a non - exclusive right for access, use and enjoyment for (a) the passage and accommodation of pedestrians, and (b) all other uses incidental to such passage in, to, upon and over the Easement Areas as shown on the attached Exhibit "C" and legally K NLIO 1W TIAV "� OrJD §­"'w 6'w (m 1 -7O) E I nos instrument filed for record oy Chicago Titre sk)"ivisim Dect as an accom+nodatlor, only It has not been Rramined as to is executinn o as to its effect upon title '14 described on the attached Exhibit "D." Except as permitted by Section 1.02 below, the Declarant agrees for itself, its heirs, successors and assigns and the City of El Segundo not to erect, place or maintain, or to permit the erection, placement or maintenance of, any building, or structure on the Easement Areas which will interfere with the access, use and enjoyment by pedestrians for passage in, to, upon and over the Easement Areas. 1.02- INTERRUPTION OF USE. Declarant shall have the right to interrupt the use of any portion of the Easement Areas indicated in Section 1.01 above for a reasonable period, and upon providing reasonable notice to the City of El Segundo, for reasonable construction, reconstruction, enlargement, repair, maintenance, modification, or alteration purposes. ARTICLE H. LICENSES 2.01- CONTROL OF THE EASEMENT AREAS. Declarant shall keep the Easement Areas free and clear of any obstructions created by Declarant or its respective agents, employees, patrons, guests, invitees, contractors, visitors, licensees and concessionaires ( "Permittees "). If in the opinion of Declarant or the City of El Segundo unauthorized individuals, partnerships, firms, associations, corporations, and other form of business entities ( "Persons "), are improperly using the Easement Areas, then Declarant and/or the City of El Segundo may restrain such Persons from such unauthorized use by taking all legal actions. 2.02- MAINTENANCE AND OPERATION OF EASEMENT AREA. Declarant shall cause the Easement Area to be maintained, repaired, lit, and cleaned during the term of this declaration in a commercially reasonable manner. ARTICLE M. RESTRICTIONS 3.01- OBSTRUCTIONS. Declarant shall not obstruct any portion of the Easement Areas in any way which will impair the continuous and uninterrupted use of such Easement Areas for purposes for which easements and rights are granted under this Declaration, except during the period and to the extent that the same shall be reasonably required in connection with the construction, reconstruction, enlargement, repair, maintenance, modification, alteration, or replacement of the facilities on such Declarant's parcel of property, or any part or parts thereof. ARTICLE IV. ENFORCEMENT - 4.01 - REMEDIES. In the event of any breach, violation or failure to perform or satisfy any of the restrictions herein, which breach, violation or failure to perform has not been cured by Declarant within thirty (30) days after written notice from the City of El Segundo to do so, then the City of El Segundo may, at its sole option and discretion, seek all remedies or any other rights or remedies to cure such breach that the City of El Segundo may be entitled to, by law or equity. 4.02 - RIGHT OF LENDERS. No breach or violation of the restrictions contained herein nor any lien created hereunder in connection with any such breach or violation shall defeat or render invalid the lien of any mortgage or deed of trust (hereafter 2 3154•... "Mortgage ") which is then of record securing a loan made in good faith and for value with respect to the Property or permanent financing of any parcel or portion of the Property or Easement Areas. All of these restrictions shall be binding upon and effective against any subsequent owner of the Property and Easement Areas or any portion thereof whose title is acquired in good faith and for value by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise pursuant to such lien rights. ARTICLE V. TRANSFER OF RESPONSIBILITIES 5.01- TRANSFER BY DECLARANT. Declarant reserves the right, at any time, to relieve itself of its responsibilities under this Declaration by selling or transferring its interest in the "Property" to a Person which assumes Declarant's obligation hereunder. 5.02- ASSUMPTION OF OBLIGATIONS AND SUCCESSION TO RIGHTS. Upon a transfer pursuant to Section 5.01 accompanied by the transferee's written assumption of Declarant's obligations hereunder, such transferee shall assume all obligations and succeed to all rights of Declarant hereunder without requirement of further act by Declarant or such transferee. Upon either such event, however, Declarant shall in writing notify the City of El Segundo of the transfer and assumption. 5.03- RIGHTS OF SUCCESSOR DECLARANT. Any successor Declarant resulting from a transfer pursuant to Section 5.01 shall have all rights, powers, duties and reservations of the transferring Declarant, including all rights of enforcement provided under Section 4.01 of this Declaration. ARTICLE VI. TERM AND AMENDMENT 6.01- TERM AND TERMINATION. This Declaration shall continue in full force, unless and until the earlier to occur of (a) the City of El Segundo waives entirely the requirement for the easements and a Declaration of Termination hereof is executed by the City of El Segundo and recorded in the Office of the County Recorder of Los Angeles County, or (b) Declarant, or Declarant's heirs, successors and assigns, shall return the Sidewalk to the exact condition it existed prior to the Sidewalk reconfiguration, as shown on the Exhibit `B" attached hereto. Upon termination of this Declaration, all rights and privileges derived therefrom, and all duties and obligations created or imposed by, the terms hereof for the benefit of or as a burden upon the Property shall terminate. 6.02 - AMENDMENT. Declarant may, at any time, or from time to time, amend -this Declaration: (i) to correct any error appearing in this Declaration or in any amendment thereto; (ii) to add to the obligations of Declarant pursuant to this Declaration or to the limitations and restrictions imposed upon Declarant by this Declaration; (iii) to add to the restrictions imposed by this Declaration any additional or modified restriction resulting from (a) any law, ordinance, rule, regulation or pronouncement of the City of El Segundo, or (b) a material change in the uses and /or the sizes of the Easement Areas subject to this Declaration; and (iv) for any other purpose not inconsistent with the terms of this Declaration or for the purpose of curing or clarifying any ambiguity or defective provision contained in this Declaration or in any Amendment hereto. No such termination, extension, modification or amendment shall be effective until a duly 1.743).a 3 . . 1 r7 executed and acknowledged instrument has been recorded in the Office of the Record g of Los Angeles County, Los Angeles, California, and approved by Mortgagee. ARTICLE VII. GENERAL PROVISIONS 7.01- RUNS WITH LAND. All restrictions, conditions, covenants and agreements contained herein shall run with the land (however, the provisions of this Declaration shall only be enforced by Declarant, or by Declarant's heirs, successors or assigns, or by the City of El Segundo). 7.02- NO PARTNERSHIP OR JOINT VENTURE. Neither anything contained in this Declaration or any amendment hereto, nor any act of any person hereunder shall be deemed or construed to create the relationship of principal and agent or of partnership or of joint venture or of any association between or among Declarant and /or the City of El Segundo and /or any other Person. 7.03- GOVERNING LAWS. This Declaration is made with respect to real property located in the State of California and shall be construed, interpreted and applied in accordance with the laws of such State and any applicable federal laws and regulations. Exclusive venue for any action involving this Declaration is Los Angeles County. 7.04- FORCE MAJEURE. Declarant and each heir, successor or assign of Declarant shall be excused from performing any of its obligations or undertakings provided for in this Declaration in the event and /or for so long as the performance of such obligation is prevented, delayed, retarded or hindered by fire or explosion; earthquake, flood, action of the elements; war, invasion, insurrection, riot, mob violence, sabotage or malicious mischief; inability to procure or general shortage of labor, equipment, facilities, materials, or supplies in the open market or failure of transportation; strike, lockout or other action of any labor union; condemnation, requisition, law, order of government or civil or military or naval authority; or any other cause (excluding financial inability), whether similar or dissimilar to the foregoing, not within the reasonable control of Declarant. 7.05- NOTICES. All notices, consents, requests, demands or other communications provided for herein shall be in writing and shall be deemed to have been duly given if and when personally served or forty -eight (48) hours after deposit in the United States mail in the State of California, registered or certified with return receipt requested, postage prepaid and properly addressed to the person to whom such notice is directed. For-the purpose of this Section, "properly addressed" shall mean: (a) If sent to Declarant, addressed to it at CP Plaza, LLC 2041 Rosecrans Avenue, Suite 200, El Segundo, California 90245, or to such other address as Declarant, or Declarant's heirs, successors or assigns, may at any time, or from time to time, set forth as its address for notices hereunder in an amendment to this Declaration recorded with the Office of the County Recorder of Los Angeles County, California; and (b) If sent to the City of El Segundo, addressed to it at City of El Segundo, Public Works Director, 350 Main Street, El Segundo, California, 90245, or to such other K%Wi wmY )ZCOr�i�OADWI­dFn­(m I.IAI)— address as the City of El Segundo may at any time, or from time to time, designate in writing to Declarant (or to Declarant's heirs, successors or assigns if so transferred). 7.07- MORTGAGEE REQUEST FOR NOTICE. If any Person, Permittee or Declarant should make any request to a Declarant to take any action that may effect or alter the easements created by this Declaration, then such Declarant shall immediately provide a written copy of said request to all Persons holding a Mortgage on Declarant's parcel of property (a "Mortgagee ") and to the City of El Segundo, and such Declarant shall take no action in connection with such request unless and until approved in advance by said Mortgagee(s) and by the City of El Segundo. Should Declarant fail to perform work or to render services duly approved by said Mortgagee(s) or the City of El Segundo then Mortgagee(s) and /or the City of El Segundo shall have the right (but in no event shall be obligated) to perform or cause to be performed the work or render or cause to be rendered the services to the same extent and upon the same conditions as the Declarant. 7.08- NOT A PUBLIC DEDICATION. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Easement Areas to the general public or for the general public or for any public purpose whatsoever, it being the intention of Declarant that this Declaration shall be strictly limited to and for the purposes herein expressed. 7.09- EXHIBITS. Any reference in this Declaration to an exhibit shall be deemed to mean such exhibit as from time to time is amended as provided in this Declaration. IN WITNESS WHEREOF, Declarant has executed this instrument as of the day and year first above written. CP PLAZA, LLC a California limited liability company By: Continental Development Corporation a California corporation its Managing member By: Richard C. Lundquist President By: Leonard E. Blakesley, Jr. Secretary K11wp11pMyVpp2M /•wmt�OZ�Declr•4m of FilwlRl•lT I�l -011Jx Elected Officials: Mike Gordon, Mayor Sandra Jacobs, Mayor Pro Tom Nancy Wernick, Council Member John G. Gaines, Council Member Kelly McDowell, Council Member Cindy Mortesen, City Clerk Ralph Lanphere, City Treasurer Appointed Officials: Mary Strenn, City Manager Mark D. Hensley, City Attorney Department Directors: Jeffrey Stewart, Assistant City Manager Bret Plumlee, Administrative Services James Hansen, Community, Economic a Development Services Norm Angelo, Fire Chief Debra Brighton, Library Jack Wayt, Police Chief Andres Santamaria, Public Works Recreation & Parks www.elsegundo.org March 18, 2003 3154• ZOE Mary Strenn, City Manager Certificate of Acceptance This is to certify that the interest in real property conveyed by the declaration of easement dated December 10, 2002, from C.P. Plaza LLC, a California limited liability company, to the City of El Segundo, a political corporation is hereby accepted by the undersigned officer on behalf of the City of El Segundo pursuant to authority conferred by the El Segundo City Council Resolution No. 4255 adopted on April 2, 2002, and the grantee consents to recordation thereof by its duly authorized officer. Dated /mow '' By ary S n, City Manager LETTERS 2003 \CERTIFICATE OF ACCEPTANCE -C.P. PLAZA LLC 350 Main Street, El Segundo, California 90245 -3895 Phone (310) 524 -2303 FAX (310) 322 -7137 NOTARY PUBLIC ATTESTATION AND ACKNOWLEDGEMENTS ACKNOWLEDGEMENTS STATE OF CALIFORNIA ) ) SS COUNTY OF �O s s ) On this Y y day ofd *O N , 2002, before me, personally appeared RLcµ41e.a C L L,N 3,4 ms r , e L no ,v A-R P E. 6L.4KF_ stEy --ne• personally known to me ) to be the person whose name flare subscribed to the within instrument and acknowledged to me that /they executed the same in his/her /their authorized capacit ie , and that by lamer /their signature on the instrument the person(sl or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal 4 ,. �� "&"k, NOTARY PUBLIg SIGNATURE STATE OF CALIFORNIA ) SS COUNTY OF « ... fir' 11 On this day of , 200 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her /their authorized capacity(ies), and that -by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) NOTARY PUBLIC SIGNATURE KI {w�pIWNY1300SA0�•011bleel��4and Eu�.+nl•im I.l O7)doe EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 1: 3154. , THE SURFACE AND THAT PORTION OF THE SUBSURFACE WHICH LIES ABOVE A PLANE 450 FEET BELOW THE MEAN LOW WATER LEVEL OF THE PACIFIC OCEAN (AS SAID MEAN LOW WATER LEVEL IS ESTABLISHED BY U.S. COAST AND GEODETIC SURVEY BENCH ALONG THE SHORELINE) OF THE FOLLOWING DESCRIBED PROPERTY, SITUATED IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, TO WIT: PARCEL 4, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 12659, FILED IN BOOK 124 PAGE 52 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND, PROVIDED, HOWEVER, THAT THE SURFACE OF SAID LAND SHALL NEVER BE USED FOR EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF SAID OIL, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND OTHER MINERALS, AND FURTHER PROVIDED NO INSTALLATION CONSTRUCTED THEREON SHALL BE DISTURBED IN ANY MANNER IN EXTRACTING SAID RESERVED MINERALS, AS RESERVED IN DEED FROM STANDARD OIL COMPANY OF CALIFORNIA, RECORDED DECEMBER 20, 1960, AS INSTRUMENT NO. 1622, IN BOOK D -1069 PAGE 595, OFFICIAL RECORDS. PARCEL 2: A NON - EXCLUSIVE RIGHT FOR VEHICULAR AND PEDESTRIAN USE TO AND FROM THE SOUTHERLY 12.50 FEET OF PARCELS 2 AND 3 OF SAID PARCEL MAP NO. 1265 -9, FILED IN BOOK 124 PAGE 52 OF PARCEL MAPS, AS DISCLOSED IN THAT CERTAIN INSTRUMENT BY AND BETWEEN CONTINENTAL DEVELOPMENT CORPORATION, TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, STATE OF CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEMS AND UNION BANK, RECORDED MARCH 29, 1985, AS INSTRUMENT NO. 85- 342807, OFFICIAL RECORDS. [more commonly known as: 2101 / 2121 / 2141 Rosecrans Avenue El Segundo, California] K�.. awe ,��•.�.�..o��..,�,��...�.�.,�.. �.,a „� EXHIBIT "B" DEPICTION OF SIDEWALK PRIOR TO RECONFIGURATION X%"P,omy%2wrAff�orowl�mdfm�(m 1-743)4- '\ . � � .� \Ow n� nA� �� / 31,4, , .. EXHIBIT "C" DEPICTION OF SIDEWALK FOLLOWING RECONFIGURATION cwpnownwar�a •.m++aro.�i.m«�etu,.ma�cm i..m�a� o m ol 770-6 -� _ -- 5s- � 1 EXISTING SIDEWALK -:,_J -W -W G x_ A t���2' 3154• . .. Exhibit "D" Legal Description of Easement Areas K LL�vIWMTVaOS�A/.^M� OSIDsIrW an d fiuwMa (m. 1 •lal) A 10 r' DRAFT W.O. 97032 EASEMENT TO THE CITY OF EL SEGUNDO FOR SIDEWALK PURPOSES THAT PORTION OF PARCEL 4, PARCEL MAP NO. 12659, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 124, PAGE 52, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITHIN A STRIP OF LAND 5.00 FEET WIDE, THE NORTHERLY SIDELINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY END OF THAT COURSE IN THE SOUTHERLY BOUNDARY OF SAID PARCEL 4, SHOWN AS HAVING A BEARING OF N 890 57'34" W AND A LENGTH OF 495.47 FEET ON RECORD OF SURVEY, RECORDED IN BOOK 147, PAGE 95 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID COURSE N 890 57'34" W 58.98 FEET; THENCE N ° 02,26" E 3.59 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH SAID SOUTHERLY BOUNDARY OF PARCEL 4 AND DISTANT THEREFROM 3.59 FEET, MEASURED AT RIGHT ANGLES. SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE WESTERLY ALONG A CURVE TANGENT TO SAID PARALLEL LINE, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 110 44' 44", AN ARC DISTANCE OF 19.47 FEET; THENCE N 78° 12'50" W 18.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 110 44'44', AN ARC DISTANCE OF 20.50 FEET; THENCE, TANGENT TO SAID CURVE, ALONG A LINE PARALLEL TO THE SOUTHERLY LINE OF SAID PARCEL 4 AND C:\RTQUINN & ASSOC \97032\97032 7 Legal Description - 1- 10- 03.doc January 13, 2003 1:01 PM w. 11.50 FEET, MEASURED AT RIGHT ANGLES, NORTHERLY THEREOF, N 890 57'34"W 114.85 FEET TO A TANGENT CURVE, CONCAVE SOUTHERLY, AND HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 160 23' 46 ", AN ARC DISTANCE OF 28.62 FEET TO A REVERSING TANGENT CURVE, CONCAVE NORTHERLY, AND HAVING A RADIUS OF 95.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 160 23'46" AN ARC DISTANCE OF 27.19 FEET TO A POINT 3.59 FEET, MEASURED AT RIGHT ANGLES, NORTHERLY OF THE SOUTHERLY LINE OF SAID PARCEL 4. C:%RTQlJlNN&AS6oC%g703Zq7o32-Legal Poscription - 1-10-03.doe January 13, 2003 1:01 PM