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HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (12) -2002tl' . A-2002-101A Recorded is Requested by, and when recorded, please mail to: Clerk of the Council City of Santa Ana P.O. Box 1988 (M- 30) Santa Ana, California 92702 pace Above This Line for Recorder's Office. NO FEE: GOVERNMENT CODE SECTION 6103 Ground Lease and Option Agreement This Ground Lease (this "Lease ") is entered into as of June 3 , 2002 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City ") and the Santa Ana Unified School District, a political subdivision of the State of California (the "District "), with reference to the following facts: RECITALS A. Education Code Section 10905 authorizes the District to cooperate with the City to carry out its purposes, to enter into agreements and to do any and all things necessary or convenient to aid and cooperate in carrying out its purposes. B. Pursuant to its Charter, the City is authorized to convey real property and to enter into cooperative agreements that further the interests of the City. C. Education Code Section 10910 authorizes the District, to carry out those purposes, to grant the use of any building, grounds, or equipment of such district to any other public authority for those purposes, whenever the use of the buildings, grounds, or equipment for community recreational purposes will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system. D. The City owns and operates a regional public park containing approximately 80 acres at the southwest corner of the intersection of Edinger Avenue and Fairview Road in Santa Ana commonly known as "Centennial Park" (the "Park ") depicted in the aerial photograph attached hereto as Exhibit "A ". The District owns approximately 5.89 acres of land immediately south of and contiguous to the Park which is currently developed with a continuation high school known as Mountain View High School (the "District Property ") also depicted in Exhibit "A ". E. The District intends to construct a new comprehensive fundamental high on the District Property (the "School ") and seeks to acquire land from the City to be part of the School. Pursuant to the terms and conditions of this Lease, the City will lease to the District, and the District will rent from the City, a portion of the Park containing approximately 18.84 acres, the legal description of which is attached hereto as Exhibit "B" (the "Premises ") in exchange for the District's agreement to construct the School Improvements along with the long term rights set forth in that certain Joint Use Agreement and Covenant of even date herewith between the District and City (the "Joint Use Agreement "). F. Pursuant to the terms and conditions of this Lease and the Joint Use Agreement, the District intends to construct upon the Premises the School's athletic facilities (currently anticipated to include soccer, softball and baseball fields, tennis and basketball courts and a future swimming pool), a gymnasium, and a theater -arts facility (collectively, the "Joint Use Facilities "). The Premises and the Joint Use Facilities are sometimes collectively referred to herein as the "Property ". The improvements to be built on the District Property and the Premises are referred to herein as the "School Improvements ". NOW, THEREFORE, the City and the District hereby agree as follows: AGREEMENT 1. Lease of Premises. The City hereby leases the Premises to the District, and the District hereby leases the Premises from the City, on all of the terms and conditions set forth in this Lease. 2. Term of Lease. The Term of this Lease (the "Term ") shall be ninety -nine (99) years. The Term shall commence on the Commencement Date (as hereinafter defined), and shall expire on the ninety -ninth (99th) anniversary thereof, if not terminated earlier pursuant to the terms of this Lease. 3. Consideration. As consideration for the lease of the Premises, the District agrees to initiate and complete the School Improvements, and as further consideration, District and City have entered into the Joint Use Agreement, setting forth the rights and duties of the parties with respect to use by each party of the Premises and the Joint Use Facilities. 4. Commencement Date. This Lease shall commence and become effective upon delivery of evidence to the reasonable satisfaction of the City's City Manger (the "City Manager ") of compliance with all of the following: 4.1 Final approval of the site and the School Improvements by the California Department of Education (CDE); and, 4.2 Final approval by the California Department of General Services' Division of State Architect (DSA) of the plans and specifications for the School Improvements; and, 4.3 Approval of an allocation of construction funds by the California State Allocation Board (SAB) of at least $25,000,000.00; and, 4.4 Issuance of District financing which combined with SAB funds will be sufficient to complete construction of the School in accordance with the 2 subsection 4.8 below and deposit of all said construction funds in District accounts; and, 4.5 Final approval of the soils conditions on the District Property and the Premises by the California Department of Toxic Substances Control (DTSC); and, 4.6 Final approval of this Lease and the Joint Use Agreement by the US Secretary of the Interior; and, 4.7 Establishment of the Escrow Account called for in Section 6.2; and, 4.8 Approval of final plans and specifications for the School by the District's Board of Trustees provided that the plans and specifications for the Joint Use Facilities substantially conform to Site Plan in Exhibit "C ", and provide for all of the improvements identified in Section 6.2 below; and, 4.9 Award of the first construction contract for the School; and, 4.10 Final agreement for the termination of rights to a portion of the District Property by the Discovery Museum of Orange County. This Lease shall terminate if the Commencement Date is not achieved within five (5) years of the date of approval of this Lease by the City. 5. Scope of Development. The design and construction of the School Improvements shall be done by or under the supervision and control of the District as part of the District's design and construction of the School. Attached hereto as Exhibit "C" are a site plan and building elevations for the proposed School Improvements as they exist at the time of approval of this Lease and which substantially conform to the plans that have been submitted to the CDE and DSA. On file in the Office of the Clerk of the Council of the City is a set of architectural plans of the School Improvements dated 'J ?ADL and identified as Hector Godinez Fundamental High School. These plans, together with those documents attached as Exhibit C shall hereinafter be referred to as the "Site Plan ". Whether currently depicted on the Site Plan or not, in constructing the School Improvements District agrees to comply with the following conditions required by City. Prior to the Commencement Date, a modified Site Plan, shall submitted to the City reflecting all of the following improvements to the extent necessary. Any subsequent modifications of the Site Plan affecting the improvement identified in the following subsections or the Joint Use Facilities, including changes in building elevations and /or materials for the Joint Use Facilities, shall be subject to the reasonable approval of the City. 5.1 Hardscape /Parkinp-/Other Site Improvements. District shall provide for construction and installation of asphalt and concrete improvements along building frontage for sidewalk, curb, gutter and wheelchair ramps pursuant to City standards, including replacement of existing improvements at other locations within site if relocation is specified in the Site Plan. District shall provide for compliance with City standards for sight distance at driveways. District shall design and construct parking stalls in the manner determined by City at the parking area located on the east side of the north- 3 south section of Centennial Road, near the easterly boundary of the Property. The parking stalls on the Property shall be sized to prevent encroachment of vehicles upon required landscape areas. The aisles for access to and from parking areas shall not be less than twenty -three (23) feet wide in those areas with ninety - degree parking. To prevent students from parking in the teacher /visitor parking area, and to help avoid traffic circulation problems, District shall design and construct a gate at the T- intersection access point from Centennial Road to the teacher /visitor parking area, near the intersection of Centennial Road and Fairview Street on the easterly boundary of the Property. 5.2 Modifications to Parking Structure. The Site Plan design calls for a parking structure containing approximately three hundred and thirty -six (336) spaces. District agrees to revise the Site Plan to replace the proposed two story parking structure with a three story parking structure containing an additional one hundred and sixty -seven (167) spaces. 5.3 Traffic Signal. Prior to opening of the School, the District shall install a new traffic signal at Fairview Street and Centennial Road, at the easterly entrance to Centennial Park in accordance with City standards. 5.4 Intersection Restriping. In coordination with the City, prior to opening of the School, the District shall re -stripe Fairview Street at the intersection of Centennial Road at the easterly entrance to Centennial Park to accommodate all vehicle and pedestrian movements, and to realign the street centerline in accordance with City standards. 5.5 NPDES Requirements. District shall comply with all NPDES requirements for the Property as identified in City DP letter dated March 11, 2002. 5.6 Fencing. Fencing specified for the area near the north wall of the Performing Arts Center shall be of a material other than chain link reasonably acceptable to the City's Executive Director of Planning and Building, and shall be consistent with the design of the Performing Arts Center building. 5.7 R_ eplacement Softball Fields /Restrooms. The District, at its option, shall either construct or pay the City costs for the City to construct replacement softball fields in accordance with City approved plans at a location generally depicted in the revised Centennial Park master plan attached hereto as Exhibit "D ". Within six (6) months of the date hereof, the City shall submit to the District a final site plan of the location and design of the replacement softball fields (and restrooms identified below). If the District opts to pay for the City to do the construction, the City shall be entitled to use the funds in the Escrow Account established pursuant to Section 6.2 of this Lease. These fields shall be on a portion of Centennial Park not within the Premises or subject to the Joint Use Agreement. However, the City agrees to allow District use of these fields for educational and athletic purposes subject to the City's usual usage and scheduling standards. The replacement fields need not be lighted. However, construction costs shall include the costs to install electrical conduit and other infrastructure up to the point of a main pole 4 box to support the addition of lighting facilities by the City. Notwithstanding anything to the contrary set forth above, the District's obligations under this Section are limited to (1) replacing (or paying for the replacement of) the same number, types and quality of softball fields as are removed from the joint use area due to the District's construction of the Joint Use Facilities, and (ii) providing (or paying the installation costs of) the electrical conduit and infrastructure specified above. The relocation of the replacement softball fields by District in the Park shall require removal of the existing restroom building, District shall construct an equivalent replacement restroom where designated by the City's Recreation and Parks Director. 5.8 Replacement Maintenance Facility /Parking. The District, at its option, shall construct or pay the City costs for the City to construct a like replacement maintenance facility for that which is displaced by the Parking Garage as called for in the Site Plan in accordance with City approved plans at a location generally depicted in Exhibit "D ". Within six (6) months of the date hereof, the City shall submit to the District a final site plan of the location and design of the replacement maintenance facility (and parking identified below). If the District opts to pay for the City to do the construction, the City shall be entitled to use the funds in the Escrow Account established pursuant to Section 6.2 of this Lease. The District's obligations under this Section 5.8 are limited to replacing (or paying for the replacement of) the same type and quality of maintenance facility as that which is removed from the joint use area due to the District's construction of Joint Use Facilities, including replacement of an equivalent number of parking spaces being displaced by the replacement maintenance facility as depicted in Exhibit D.. 5.9 Monument Sign(s). The District shall install and maintain at least one monument sign located at the entrance to the School which shall contain the following name: "Hector G. Godinez Fundamental High School at Centennial Park ". 5.10 Minimal Athletic Facilities. The high school athletic fields shall be developed and configured in a fashion to include, at a minimum, space for three (3) soccer fields, one to be located inside the running track and the others within outfields of two planned baseball fields. 5.11 Lighting of Fields. All of the athletic fields and courts developed by the District shall be lighted to permit nighttime use by the City. These shall include the hard courts, football field /track, and baseball diamonds, but not include the replacement softball fields above. The lighting shall meet CIF or similar sanctioning organization standards for adequacy of lighting levels for safe competitive play. In the absence of such obtainable standards, the lighting shall meet the standards utilized by the City for comparable facilities it owns. 5.12 Equipment Storage; Locker Facilities. The District shall design and construct the Joint Use Facilities in such a fashion so as to provide the following additional improvements for use by the City. The District shall seek advance City review and comment on designs and location of these spaces. 5 • • (i) A 1000 sq. ft. room for storage of equipment in the Performing Arts Building or Band /Choral Building for uniform and instruments. The City shall be entitled to permit use of this storage facility by other community -based musicals and /or arts organizations; (ii) A 200 sq. ft. room for dedicated storage space in the gymnasium for City storage of recreation and other City equipment; (iii) The public restroom facilities in the gymnasium shall include locker /changing facilities to be used as part of City sponsored sports programming in the gym. The locker /changing facilities shall include reasonably necessary privacy and controlled access elements for the City's users. 6. Financial Conditions. District agrees to the following financial conditions required by City: 6.1 Fees. The District shall pay all required fees, including, but not limited to, plan check, sewer connection, Orange County Sanitation District, Water Quality Management, and other required fees unless exempt, and where exempt District shall provide City with written documentation of the exemption. 6.2 Escrow Account. The District shall set aside from the funds identified in Sections 4.3 and 4.4 in an interest bearing escrow account an amount agreed upon by the City Manager and the District's Superintendent estimated at the construction costs of the various improvements called for in Subsections 5.1 -5.4, 5.6 -5.9 and 5.11 -5.12 of this Lease, and any other required off -site improvements. All interest thereunder shall accrue to the District. 6.3 Offset for Loss of County Maintenance Funding. The City and the District agree that the addition of the School to Centennial Park does not diminish the regional character of Centennial Park and therefore the County of Orange (the "County ") should continue to honor its agreement with the City to share maintenance costs of Centennial Park. The City and the District further agree to work in concert to achieve such agreement with the County. However, in the event the County refuses to so participate, the District agrees to pay to City, within sixty (60) days of when otherwise due, the County's obligation not to exceed the sum of One Hundred and Twenty Five Thousand Dollars ($125,000.00) per year for up to three years from Commencement Date, to offset the loss of County maintenance funds for Centennial Park. 7. Time of Performance of Desien and Construction of Facilities. District shall begin construction within 120 days of the Commencement Date and thereafter proceed in good faith to complete construction of all of the School Improvements. 8. Option to Purchase. It shall be the sole and exclusive right of District at any time during the term of this Lease to purchase the Premises from City, or from City's successors in interest in the Premises, for the sum of ONE DOLLAR ($1.00), subject to the concurrence of 2 • • the National Park Service (NPS) that the proposed uses of the Premises comply with the deed restrictions of record on the property, and further subject to the Joint Use Agreement between City and District. District shall notify the National Park Service at the following address in the event District exercises this option: Gary Munsterman, Federal Lands and Parks Coordinator, 1111 Jackson Street, Suite 700, Oakland, California 94607. 9. Construction, Removal and Modification of Joint Use Facilities. The City shall have no right to modify, demolish or otherwise alter the Property or any of the Joint Use Facilities, or to add any new structures or improvements to the Property. The District may at its expense expand, modify, remove, demolish or otherwise alter the Property or any of the Joint Use Facilities, or may construct additional Joint Use Facilities and improvements upon the Property, in the District's discretion as it deems necessary or appropriate to accomplish the District's educational goals and obligations, provided that so long as the Joint Use Facilities are located on the Premises they will contain the minimal improvements set forth in Section 5. 10. Damage and Destruction of Joint Use Facilities. In the event of damage to or destruction of any of the Joint Use Facilities, the District shall repair or rebuild the same as soon as reasonably possible, except in any of the following circumstances: (a) the District reasonably determines that the repair or rebuilding cost exceeds the sum of the proceeds available from the applicable insurance carried pursuant to this Lease and any related deductible amounts; (b) the damage or destruction occurs within the last five (5) years of the Term; or (c) the District reasonably determines that the repair or rebuilding will interfere with the District's educational goals and obligations. If any of the foregoing circumstances exist, then the District may, not later than one - hundred eighty (180) days after the date of said damage or destruction, notify the City of the District's intent not to repair or rebuild the damaged or destroyed Facility. If the District so notifies the City, then the Lease with respect to the portion of the Premises underlying said Facility shall immediately terminate, or if the District has exercised its option in Section 8, that portion shall revert to City ownership. 11. Indemnification. The indemnity provisions found in Section 14 of the Joint Use Agreement shall apply to this Lease as well. 12. Acceptance of Property "As Is ". District accepts the Property from City in "As Is" condition, subject to approval of the site by the CDE and the Department of Toxic Substances Control of the State of California, as required for use of the Property by District. City agrees to promptly make available to the District all of its records related to the Park and the Premises for review. 13. Indemnification Regarding Hazardous Material. District covenants and agrees to indemnify City from and against any contamination of the Property with Hazardous Materials by District occurring after commencement of this Lease. District further agrees to defend and hold harmless the City from and against any and all actions, agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses, obligations, and orders which arise during or after the term of this Lease related to the existence of Hazardous Materials (from whatever cause) on the Property or in the groundwater on or under the Property except for: (1) the cost of any remediation of Hazardous Materials deposited in the soils of the Property by the City or its employees, agents 7 and contractors, and not discovered by the District prior to completion of the School Improvements; and, (2) any third party personal injury actions which allege exposure to such undiscovered Hazardous Materials as a result of use of the Joint Use Facilities in a City - sponsored program, third party activity scheduled by the City, and City programming outside of City Time under the terms of the Joint Use Agreeiiient. This indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Property. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste which now is or hereafter becomes regulated by any local governmental authority, the State of California or the United States Government. 14. Taxes. The parties anticipate that neither the Premises nor the Joint Use Facilities will be subject to real or personal property taxes. The parties agree, however, that if the Premises and /or the Joint Use Facilities are assessed any taxes or similar fees or charges due to the activities of a party or that party's permitted user, then that party shall bear the entire cost of said taxes, fees or charges. 15. Non - Discrimination. Neither the City nor the District shall discriminate as to the employment of persons relative to the use or operation of the Property, nor shall either party discriminate as to the persons or entities which may use the Property, on the basis of race, color, national origin, ancestry, gender, disability, sexual orientation, or medical condition, in violation of state or federal laws, or on any other basis otherwise prohibited by state or federal law. 16. Termination of Lease This Lease shall be terminable by the City upon the occurrence of any of the following: 16.1 Use of Premises. The District ceases operation of a the school as a full service educational facility; or, 16.2 Unauthorized Transfer. The District transfers or attempts to transfer the Property in any fashion other than as permitted in Section 17. In the event the District exercises its option rights set forth in Section 8, the fee interest so acquired by the District shall be subject to reversion to the City on the same grounds as termination of the Lease. 17. Restrictions on Assip-nment. This Lease is entered into specifically with the parties in mind. Therefore, neither party shall assign any or all of its rights under this Lease without the prior written consent of the other party, in its sole and absolute discretion. Without limiting the generality of the foregoing, this Lease shall not be assigned, in whole or in part, to any assignee other than a "public authority" as defined in Education Code § 10901. Notwithstanding this restriction, District shall have the right, subject to City's consent, not to be unreasonably withheld, to assign or otherwise transfer District's interest in this Lease and the estate created by this Lease, to an assignee for the purpose of obtaining a loan from a lender authorized pursuant to the Education Code or other applicable law for the financing of improvements and • • facilities on the leasehold interest under this Lease and the improvements located upon the Premises, which loan is secured solely by the leasehold estate. 18. Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation "), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs; provided that if so much of the Premises are taken by such condemnation as would substantially and adversely affect the District's use of the Premises, the District shall have the option to terminate this Lease as of the date the condemning authority takes possession. If the District does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of the City; provided, however, that the District shall be entitled to any separate award for loss of or damage to the Joint Use Facilities and /or any other property of the District, and for diminution in the value of the District's interest in the leasehold created by this Lease. 19. Miscellaneous. 19.1 Successors and Assigns. This Lease shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. 19.2 Notices. All written notices required to be given pursuant to the terms hereof shall be either (i) personally delivered, (ii) deposited in the United States express mail or first class mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by overnight courier service, or (iv) delivered by facsimile, provided that the original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later than one business day following such facsimile. All such notices shall be deemed delivered upon actual receipt (or upon the first attempt at delivery pursuant to the methods specified in clauses (1), (ii) or (iii) above if the intended recipient refuses to accept delivery). All such notices shall be delivered to the following addresses, or to such other address as the receiving party may from time to time specify by written notice to the other party: To the District: With a copy to: Santa Ana Unified School District Ruben A. Smith, Esq. 1601 East Chestnut Avenue Alvarado, Smith & Sanchez Santa Ana, California 92701 4 Park Plaza, Suite 1200 Attn: Deputy Superintendent, Operations Irvine, California 92614 Telephone No.: (714) 558 -5523 Telephone No.: (949) 955 -6800 Fax No.: (714) 558 -5694 Fax No.: (949) 955 -6899 E -mail: jbennett a sausd.kl2.ca.us E -mail: rsmithgasands.com E • To the City: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attn: Clerk of the City Council Telephone No.: (714) 647 -6520 Fax No.: (714) 647 -6956 • With a copy to: Office of the City Attorney 20 Civic Center Plaza Santa Ana, California 92701 Telephone No.: (714) 647 -5201 Fax No.: (714) 647 -6515 19.3 Incorporation of Recitals and Exhibits. All of the recitals and exhibits set forth in or attached to this Lease are by this reference incorporated in and made a part of this Lease. 19.4 Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Lease and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any amendments hereto. 19.5 Governing Law. This Lease shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles. 19.6 Entire Agreement. This Lease, together with the Joint Use Agreement, contains the entire understanding of the parties and supersedes any and all other written or oral understanding. No alteration of or amendment to this Lease and /or the Joint Use Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 19.7 Captions. Any captions or headings to the Sections and subsections in this Lease are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of validity of this Lease or any provision hereof. 19.9 Severability. If any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein. 19.10 Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Lease including the providing of estoppel certificates. 19.11 No Waiver. Any waiver, consent or approval by either party of any breach, default or event of default of any provision, condition or covenant of this Lease must be in writing and shall be effective only to the extent set forth in writing. No waiver 10 of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Lease. Any failure or delay on the part of either party in exercising any power, right or privilege under this Lease shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. 19.12 Rights and Remedies. No right or remedy confers ed by any of the specific provisions of this Lease is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first set forth above. [Signatures provided on next page] The "District" Santa Ana Unified School District, a political subdivision of the State of California P, ,� Al M 4es Superintendent ri By: Jfsident alacio P of the Board Attest• By: Rosemarie Avila Clerk of the Board Approved as to Form: Alvarado, Smith & Sanchez General Counsel The "City" City of Santa Ana A Charter City By: �L- 2.� ---- David N. Ream City Manager Attest: By: Patricia E. Healy Clerk of the Council Approved as to Form: By: c� ��' , 'r -r By: Ruben A. Smith 12 C Exhibit 'B' Legal Description Portions of Lots I & 4 of Tract 1024, as shown on a map recorded in Book 33, Page 33 of Miscellaneous Maps, records of Orange County, California, and a portion of Section 22, Township 5 South, Range 10 West, in the Rancho Las Bolsas, per map recorded in Book 51, Page 12 of Miscellaneous Maps, records of Orange County, more particularly described as follows: Beginning at the southwesterly corner of said Lot 1; thence, northerly along the westerly line of said Lot I N. 00 059'00" W. 12.33 feet to the True Point of Beginning; thence, N. 00 059'00" W. 174.02 feet; thence, 2. N. 89 029'03" E. 577.06 feet; thence, 3. N. 89 013'55" E. 236.59 feet to a non - tangential curve concave to the northwest having a radius of 239.60 feet, a radial to said point bears S. 24'04'19" E.; thence, 4. Northeasterly along said curve through an angle of 10 029'54" a distance of 43.90 feet to a reverse curve concave to the southeast having a radius of 210.60 feet, a radial to said point bears N. 29 °15'28" W.; thence, 5. Northeasterly along said curve through an angle of 14 °47'43" a distance of 54.38 feet to a non - tangent line, a radial to said point bears N. 14 °27'45" W.; thence, 6. N. 09 002'44" E. 432.59 feet to a non - tangential curve concave to the west having a radius of 1,007.44 feet, a radial to said point bears S. 83 °10'29" E.; thence, 7. Northwesterly along said curve through an angle of 22'35'14" a distance of 397.15 feet, a radial to said point bears N. 74 °14'18" E.; thence, 8. S. 88 025'38" W. 318.65 feet; thence, 9. S. 01 034'22" E. 3.53 feet to a tangential curve concave to the north having a radius of 43.00 feet, a radial to said point bears N. 88 °25'38" E.; thence, 10. Southwesterly along said curve through an angle of 180 °00'00" a distance of 135.09 feet, a radial to said point bears S. 88 025'38" W.; thence, 11. N. 01034'26"W. 23.23 feet; thence, 12. S. 88021'21"W. 303.26 feet; thence, 13. S. 00 030'49" E. 166.40 feet; thence, 14. S. 89 030'37" W. 92.76 feet; thence, 15. S. 00 030'57" E. 496.18 feet; thence, pace 1 of 2 a 9 16. S. 89 029'03" W. 146.33 feet; thence, 17. S. 00 030'57" E. 45.83 feet; thence, 18. S. 89 029'03" W. 8.00 feet; thence, 19. S. 00 030'57" E. 136.99 feet to a non - tangential curve concave to the northeast having a radius of 541.61 feet, a radial to said point bears S. 00 °33'52" W.; thence, 20. Northwesterly along said curve through an angle of 36 029'32" a distance of 344.96 feet, a radial to said point bears S. 37 °03'24" W.; thence, 21. S. 37 035'33" W. 80.68 feet to a non - tangential curve concave to the northwest having a radius of 121.85 feet, a radial to said point bears S. 55 046'36" E.; thence, 22. Southwesterly along said curve through an angle of 48 °52'21" a distance of 103.94 feet to a compound curve concave to the northwest having a radius of 248.67 feet; thence, 23. Southwesterly along said curve through an angle of 07 055'49" a distance of 34.42 feet, a radial to said point bears S. 030 10' 12" W.; thence, 24. S. 01 °10'23" W. 183.62 feet; thence, 25. S. 89 020'00" E. 505.74 feet to the True Point of Beginning. The area of above - described land is 820,846 square feet, more or less. page 2 of 2 Centennial Park Exhibit "B" Page 3 0 0 N N88.21'21 'E `� N �+ N88.25'38 'E p 703.26' a u �+ N —3i8. O N i . u + O t N89.30'37'E I z a � X14 e, o i a t I O N N89.29'03'E •�y N u N89.1 }•55'E N89•L9'Q3' N� 89'28T20'E 28.30' N89.28'20'E 517.06' 811.62 N89'26 2 ,oa 3T2.38' z 28.65' uN_ c ° 1.T.eT1.32 3q. ft. 3.39 cares . + � / N89.29'00 "E ?��• ! (98.9.3 r . 109.056.27 sq. ft. 3 = w Z 2.50 acres 9 / 439.797.30 sq. ft. 10.56 acres / o ° ' o ^ ,G, N89.40'53'E �0 44.183.20 sq. ft.;� A I *� �1 `re• 1.01 acres �rry L _ N89 6'E 404. _ o4.e6• '~ 140. 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