Loading...
Resolution 58-12RECORD OF RESOLUTIONS Dayton Legal Blank, Inc.. Foon No 30045 Resolution No 58 -12 Passed 20 A RESOLUTION MEMORIALIZING THE EXECUTION OF A SIX -INCH WATER MAIN EASEMENT GRANTED TO THE CITY BY THE MUIRFIELD VILLAGE GOLF CLUB WHEREAS, City Council of the City of Dublin ( passed Ordinance 54 -74, which authorized Dublin to enter into an agreement with Muirfield Ltd. ( "Muirfield'� for the construction of a six -inch water main; and WHEREAS, said agreement, effective October 21, 1974, requires that Muirfield execute a six -inch water main easement in Dublin's favor; and WHEREAS, Muirfield is currently undertaking construction at its clubhouse and has sought to realign the six -inch water main; and WHEREAS, realignment of the six -inch water main would serve to expand the originally intended easement area; and WHEREAS, an easement for the original six -inch water main alignment was never recorded; and WHEREAS, Dublin and Muirfield desire to execute and record an easement that represents the new alignment as depicted in the legal description attached hereto as Exhibit A; and WHEREAS, Dublin City Council, through Ordinance 54 -74, has already provided Dublin and its representatives with the authority to execute the easement, and this Resolution serves to memorialize the expansion of the originally intended easement area. NOW, THF,REFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, ( of the elected members concurring that: Section 1. Council hereby acknowledges that it has already provided Dublin and its representatives with the authority to execute a six -inch water main easement between Dublin and Muirfield through Ordinance 54 -74. Section 2. Council hereby acknowledges that, due to construction being undertaken by Muirfield and the required realignment of the six -inch water main, the originally intended easement area is being reconfigured and expanded. Section 3. This Resolution shall take full force and effect upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this — if day of 2012. Mayor - P si ing Officer ATTEST: Clerk of Council Office of the City Manager City of Dublin Pho 614 - 410.4400- Faax: 14 - 1 0 -44 9 0 43017-1090 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager h Date: October 4, 2012 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer Barbara Cox, P.E., Engineering Manager - Development Kristin K. Yorko, P.E., Civil Engineer II Memo Re: Resolution 58 -12 - Memorializing the Execution of a Water Main Easement Granted to the City by the Muirfleld Village Golf Club Background On October 21, 1974, the Village of Dublin entered into an agreement with Muirfield LTD (currently known as Muirfield Village Golf Club, listed as Muirfield throughout the memo and resolution) for the construction of a six -inch water main across their property to service Muirflield Village. The agreement is detailed in Ordinance 54 -74 (attached for reference). Muirfield was to construct the six -inch water main and the Village of Dublin was to reimburse Muirfield. On May 24, 1974, Muirfield requested Council waive "the requirement for providing utility easements prior to submission of the Final Development Plan. Due to our attempt to save as much of the natural terrain and tree growth existing at Muirfield, it is difficult and wasteful for us to write easements at this time, and we are varying certain utility lines as they are built." The agreement established by Ordinance 54 -74 incorporated this request. The six -inch water main was subsequently built and is currently being used to serve many areas of Muirfield Village, including the clubhouse at the championship course. Unfortunately, follow up for an easement to allow Dublin (and additionally Columbus) access to this public six -inch water main never occurred, and as a result a recorded easement for the six -inch water main does not exist. Summary Currently, Muirfield is constructing various amenities at the clubhouse and villas, which require the relocation of a portion of the above - mentioned public six -inch water main. As part of the plan review of the relocation to the existing water main, Engineering requested revised easement documentation. Muirfield's design engineer determined the original easement documentation was not recorded. Engineering confirmed this by a review of the City's records. In their research of the Council records, staff determined that Ordinance 54 -74 established the acceptance of the easement documents once they were submitted to the City. Muirfield created the easement documentation that covers all the portions of the public six -inch water main near the clubhouse that exist without a previously recorded easement and includes the realigned portion. Based on Muirfield's construction schedule and the agreements in Ordinance 54 -74, the City Manager has signed this easement document, based upon the revised alignment, and it has been recorded. .iiii-wFi,'i1 Staff recommends approval of Resolution 58 -12, memorializing the execution of a water main easement granted to the City by the Muirfield Village Golf Club. EXHIBIT A Legal Description {OXF- 2169.1 } t WATER LINE EASEMENT 0.604 ACRE Situated in the State of Ohio, Counties of Franklin and Delaware, City of Dublin, lying in Virginia Military Survey Number 2545 and being on, over and across that 220.00 acre tract conveyed to Muirfield Village Golf Company by deed of record in Official Record 10776H 18 (Franklin County) and Deed Book 494, Page 631 (Delaware County) (all references refer to the records of the Recorder's Office, Franklin or Delaware County, as noted) being more particularly described as follows: Beginning, for reference, on the arc of a curve in the northerly line of Lot 195 of "Muirfield Village Phase I ", of record in Plat Book 49, Page 84 (Franklin County) and Plat Book 12, Page t (Delaware County), being the southeasterly corner of Lot 74 of said "Muirfield Village Phase 1"; thence across said 220.00 acre tract, with the northerly line of said Lot 195, with said curve to the left, having a central angle of 20 52'06", a radius of 651.38 feet, an arc length of 237.24 feet and a chord bearing and distance of North 79s 15' 21" Fast, 235.94 feel to a point of tangency; thence North 68" 49' 18" East, continuing across said 220.00 acre tract, with the northerly line of said Lot 195, a distance of 27.34 feet to a point in said northerly line; thence South 21 10' 42" East, continuing across said 220.00 acre tract, a distance of 10.00 feet to a point in the southerly line of an existing 10 feet wide easement, the TRITE POINT OF BEGINNING; thence continuing across said 220.00 acre tract, the following courses and distances: North 68. 49'18" East, a distance of 54.07 feet to a point; South 89 °28'05" East, a distance of 37.31 feet to a point; North 62 0 02'24" East, a distance of 70.87 feet to a point; North 86 0 01'55" East, a distance of 94.60 feet to a point; North 38°22'12" East, a distance of 91.74 feet to a point; North 73 °3341 " East, a distance of 63.63 feet to a point; North 78 0 403" East, a distance of 66.32 feet to a point North 55 °4337" East, a distance of 41,46 feet to a point•, South 89 °52'21" East, a distance of 29.23 feet to a point; North 22 °3739" East, a distance of 42.48 feet to a point; North 49 0 3946" East a distance of 70.22 fat to a point; North 24 0 13'02" East, a distance of 25.42 feet to a point; North 07 °13'04" East, a distance of 70.00 feet to a point; North 45 °5001" Fast, a distance of 91.99 feet to a point; North 56 0 0848" East, a distance of 80.65 feet to a point; North 10 0 3417" East. a distance o£89.85 feet to a point; North 32 0 3523" Fast, a distance of 31.02 feet to a point; North 77 °3671" East, a distance of 76.47 feet to a point; North 88 °50'31" East, a distance of 107.62 feet to a point; South 54 ° 04'44" East, a distance of 50.42 feet to a point and 0.604 ACRE -2- South 76 °23'12" East, a distance of 64.98 feet to a point in the westerly line of Lot 159 of said "Muirfield Village Phase C; thence South 09°42'14" Fast, with the westerly line of said Lot 159, a distance of 4.18 feet to the common comer of said Lot 159 and Lot 158 of said "Muirfield Village Phase i '; thence South 37° 10' 44" East, with the westerly line of aid Lot 158, a distance of 25.57 feet to a point; thence continuing across said 220.00 acre tract, the following courses mid distances: North 76 West, a distance of 90.39 feet to a point; North 54°0444" West, a distance of 47.66 feet to a point; South 88°50'31" West, a distance of 98.95 feet to a point; South 77 °36'21" West, a distance of 66.21 feet to a point; South 32°3523" West, a distance of 18.84 feet to a point; South 10 °34'37' West, a distance of 94.36 feet to a point; South 56 °08'48" West, a distance of 87.24 feet to a point; South 45 0 50'01" West, a distance of 83.18 feet to a point; South 07 0 13 1 04" West, a distance of 65.98 feet to a point; South 24 0 1392" West, a distance of 32.93 feet to a point; South 49°3946" West, a distance of 69.93 feet to a point; South 22 0 37'39" West, a distance of 51.03 feet to a point; North 89°52'21" West, a distance of 36.40 feet to a point; South 55 0 4317" West, a distance of 39.34 feet to a point; South 78 0 44'03" West, a distance of 69.48 feet to a point; South 73 West, a distance of 56.39 feet to a point; South 38 °22'12" West, a distance of 94.24 feet to a point; South 86 0 01'55" West, a distance of 101.67 feet to a point; South 66 °01'55" West, a distance of 82.01 feet to a point; and North 89 °28'05" West, a distance of 78.53 feet to the TRUE POINT OF BEGINNING and ng 0.604,aaroe6l4pd, more or less. je OF �P •• " " " "••.,hj �s EVANS, MECHWART, HAMBLEI'ON & TILTON, INC. ; HEATHER t KING i c o t S -8307 ' 13 � Heather L. King Date Professional Surveyor No. 8307 `''tss /ONALS�tS, WATER LINE EASEMENT Dote: August 7, 2012 NNW amblolot SURVEY NUMBER 2545 Scale: t" = 60' e " = «• • m,.... n- 14 " " ".e. , „., „ VIRGINIA MILITARY SURVEY S New Abo, NoOC. Cdwr -0�s. ON QW, Pne: o� 61.17., 1a aee.l.nsnwe CITY OF DUBLIN, COUNTIES OF FRANKLIN AND DELAWARE, STATE OF OHIO Job No. 2011 -1508 emhccmn 1 / 4 Existing 10' Eosement r P.B. 49, P, 84 D L6 n ? X39 n1 Z \ X01 ) / MUIRFIELD VILLAGE GOLF CLUB / n `� 220.00 AC / 0.604 AC �O\ O.R. 10776H78 (Franklin Co.) K11, D .B. 494, P. 631 (Delaware Co.) / / N21'10'42 "W 10,00' n, = 20.5206" N68'4998 "E / L41 / R= 651.38' 27.34' �''', Arc = 237.24' V ^ :...�. _... ChB= N79'15'21 "E / L43 _ * / HEATHER %- RPOB C111=23 4' /� / TPOB - KING MUIRF'ELD VILLAGE PHASE I 5 o S-B307 = ar = _ - p p t+I81ER ; '— — — — P.B. 49, P. 84 (Franklin Co.) Ezt 10' Eosement P.B. 12, R 1 (Delaware Co.) ' ''aF S $ 1 ONAL.S V �` P.B . 49 49. P. 84 „�,,u.,dP``. 60 0 60 120 Lot 195 ' +m,, By B /B L GRAPHIC SLUE (In feet) Heather L. King Date M \ +,beYB 0-ex xM PbOW y NNO. IGTIR p BAl20+3 ¢15:41 w xw ,...a W enec ., aamu e:+.e, w Professional Surveyor No. 8307 M<f !.!ufM W inanx G © ©� WATER LINE EASEMENT Date: August 7, 2012 e.mu. ixeaw.an.xwmae�on armor n SURVEY NUMBER 2545 Scale: 1' = 60' E. m..r «, • vwn,en . x�...a, VIRGINIA MILITARY SURVEY CITY OF DUBLIN, COUNTIES OF FRANKLIN AND DELAWARE, STATE OF OHIO Job No. 2011 -1506 a ymNm y vec, xFAma1 0. e/e /x013 o:,a:ox ux qs1 xwu q eFxe m e/e /x01z Y;1.4e IY 60 0 60 120 GRAPHIC SCALE (in feet) MA7CHLINE B MUIRFIE ID VILLAGE GOLF CLUB }` 220.00 AC O.R. 107761-178 (Franklin Co.) D.B. 494, P. 631 (Delaware Co.) n / n h � MUIRFIELD VILLAGE PHASE I P. B. 49, P. 84 (Franklin Co.) P. B. 12, P. 1 (Delaware Co.) ° Lot 195 0.604 AC L9n Ll L36 a ymNm y vec, xFAma1 0. e/e /x013 o:,a:ox ux qs1 xwu q eFxe m e/e /x01z Y;1.4e IY 60 0 60 120 GRAPHIC SCALE (in feet) mmm I WATER LINE EASEMENT &-- Nxcnnon. Hambinlon a T'I'm 1.1c. SURVEY NUMBER 2545 Erpneen • Sunoywa • Pbvieu • S.1.11ne VIRGINIA MILITARY SURVEY S.SW New Mon, FooC. Cd .., OH HNU F1.614.7I5ANA I.M.:W7733N8 CITY OF DUBLIN, COUNTIES OF FRANKLIN AND DELAWARE, STATE OF OHIO 60 0 60 120 GRAPHIC SCALE (in feet) 0.604 AC Date: August 7, 2012 Scale: 1' = 60 . Job No. 2011 -1508 Lot 159 Lot 158 m \ DELA W�CCDNTY FRANKLIN COUNTY 1� MUIRFIELD VILLAGE PHASE I P. B. 49, P. 84 (Franklin Co.) P.B. 12, P. 1 (Delaware Co.) Lot 195 CHLINE B -'W M gala H x-- /8/X13 Mkt MI RECORD OF ORDINANCES Ordinance No. Passed OCTOAFA- RI 1921t AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CL F VIL R GE F LI , HI RC , ITH (' I LTD. PURSUANT TO RESOLUliUh NU. ZI PROVIDING F LD FOR ITS COSTS IN CONSTRUCTING A WATER LINE I G GEN BE IT ORDAINED by the Council of the Village of Dublin, State of (p of the elected members concurring: SECTION 1 . That the Mayor and the Clerk- Treasurer be, and they :by are, authorized and directed to execute a contract by and between Village of Dublin, Ohio, and Muirfield Ltd. for the reimbursement to I Muirfield Ltd, of its costs in constructing a certain water line under terms contained in the agreement attached hereto which is made hereby a of this Ordinance. SECTION 2 . That this Ordinance be, and the same hereby is, declared to I, be an emergency measure necessary for the immediate preservation of the public, peace, health and safety, and that this Ordinance shall take effect be in force immediately upon its passage. Passed this AI lbT day of Cw -=oAEt 1974• President Pro lempo r er - lreasuTuT F. This agreement made and entered into under the laws of the State of Ohio (. by and between The Village of Dublin, Ohio, an Ohio Municipal Corporation classified as a Village (hereinafter called "Dublin "), Muirfield Ltd., an Ohio Limited Partnership (hereinafter called "Muirfield ") ; WHEREAS, Dublin, by way of a certain contract between itself and the City of Columbus, Ohio,intends to provide a large portion of its community with water service; and WHEREAS, Dublin is not, at the present time, in a financial position to construct various water lines, etc. to carry out this intent; and WHEREAS, Muirfield is or will be in the process of constructing a twelve (12) inch water main, with necessary pumps, etc., including the river crossing, from a point in the intersection of Sawmill and Summit View Road (said point being the point of tap in to a City of Colunbus water main at said intersection) a distance of approximately 13,500 feet in a generally westerly and northerly direction to a point at the intersection of S.R. 745 and the said Muirfield's existing property; and WHEREAS, it is the opinion of Dublin's Engineer that said water main will be sufficient to provide initial service for a portion of the northern part of Dublin, and can be integrated into the total water distribution system of the Village of Dublin; and WHEREAS, Mui.rfield is willing to provide the necessary funding for the construction of the heretofore mentioned water main provided it is given some reasonable assurance of being reimbursed for its direct costs in the said construction, pursuant to resolution 21 -74. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Dublin and Muirfield warrant and agree that: 1. Muirfield agrees that the design plans and specifications, and construction of the said water main, pumps, river crossing, and all matters of an engineering nature connected with or pertaining thereto, shall first, and continually during construction, be in accordance with the requirements of, and approved by, Dublin's engineer. ' 2. Muirfield agrees that said construction shall be based on competi- tively bid contracts awarded to the lowest and best bidder. The choice, by Muirfield, of the lowest and best bidder. The choice, by Muirfield, of the lowest and best bidder shall be subject to approval by Dublin's engineer. 3. Muirfield and Dublin agree: that, for the purposes of this agreement, "direct costs" are defined as: actual construction costs (excluding, however, any General supervision costs); actual engineering costs for the heretofore des- cribed section of the water main and booster stations, costs of easements , and any other direct costs as may be agreed to subsequent to this agreement between the parties hereto. Specifically excluded from "direct costs" are items normally or reasonable, under generally acceptable accounting practices, designated "over- head items "; and, further, any loss of material or damage to construction in progress or completed, by vandalism, theft, or other perils ordinarily included in an extended coverage insurance policy. 4. Muirfield agrees that, in order for Dublin to accurately determine the aforementioned "direct costs ", Mnirfield will, during normal business hours, permit Dublin, or its duly authorized agents, attorneys or accountants, to examine its books and records pertaining to this agreement. 5. Muirfield agrees that, it will comply, and that it will insist that its agents, contractors, and sub- contractors comply, with the provisions of the Workmen's Compensation Laws of Ohio. Muirfield, further, agrees to indemnify and hold Dublin, its agents and representatives, harmless from any and all claims, demands, actions, causes of action or liabilities arising out of and during the actual performance of the work anticipated by this agreement whether for per- sonal injury, property damage, trespass or anything else not the direct cause of Dublin. 6. Dublin agrees that as, and only as, unencumbered finds become avail- able from the aforesaid line and extensions thereof, pursuant to Village of Dublin Ordinances 43 -74, 44 -74, and 45 -74 (copies of which Muirfield hereby acknowledges receipt of), Dublin will reimburse Yluirfield its direct costs as hereinbefore described together with interest at the rate of eight per cent (8 %) per annum, on the unpaid balance. However, Dublin reserves the right to use monies received, pursuant to Ordinance 45 -74, up to a maximum of 50% of said funds, to finance the construction of additional facilities, provided further that Dublin must first obtain Muirfield's written consent to exercise said right, which such consent shall not be unreasonably withheld. - 2 - 7. Muirfield and Dublin agree that the aforestated interest shall begin to accrue only after the construction has been completed, approved by the Village Engineer, and accepted by Dublin; and further that the reimbursement shall begin only after Dublin actually receives monies pursuant to the above stated Ordinances, and in accordance with paragraph 8 hereof. 8. Dublin agrees that, it will establish an account, with its official deposito4p; separate from all other accounts it may have, and that said account shall be known as the "Village of Dublin Northern Water Main Account ". Dublin further agrees that it will deposit all unencumbered monies received, pursuant to the aforesaid Ordinances No. 43 -74, 44 -74, and 45 -74 into said account, and will, as said monies are received, reimburse Muirfield pursuant to paragraphs 6 and 7 hereof. In this regard, Dublin shall not be liable to reimburse bluirfield pursuant to Ordinance No. 43 -74 in the event the charges specified therein are not imposed for the reasons set forth in said Ordinance. This reimbursement oigt of said account shall continue until such time as all direct costs plus interest, as hereinbefore set forth, have been paid in full, at which time %infield agrees to execute and deliver to Dublin a full, final and complete release to the effect that all monies owing Muirfield, pursuant to this agreement, have been paid. When such release is received Dublin shall close the account set forth above and transfer any remaining funds therein as its Council may direct. Executed by Muirfield this Zr/ day of O[Te3 f C 1974. Executed by Dublin this Z Ss day of OeroApC 1974. MUIRFIELD LTD. By: By: Approved as to Form: VILLAGE OF DUBLIN By! Donal ar on o ep . Dixon, yon Village Solicitor Village of Dublin By: 4tq gun/ c u1 enmeer Clerk- Treasurer \� C 29' ?PS" M2 J3'l3_Ol_SM2E 2 !S'NS" /f302 V /Ot P/G XJ 3 YS"W" F33Q fBJO" ORCC 6 "M 1324/' 6Z]6' Y42IX 636.d 9 ' /tYT NGL /'fA63' G9V OL 9 YA Yf KO M 'Ile GY9B S1SIX '9G OMA4 N6.6 G tt'tl' !YB]' 41409' TRANSFER NOT NECESSARY AUG 2 2 2012 SEA EEO NGO11 II FRANIOJN COUNTY, OHIO EXEMPT CLARENCE E. MINGO II VIII I III III I III III III I IIII I I IIII I IIIIII I II 201208220123137 pgs 9 $84.00 T20120062095 08/22/2012 2:01PM MEPMR ERIC PE Daphne Hawk Franklin County Recorder EASEMENT AGREEMENT FOR WATERMAIN LINE KNOW ALL MEN BY THESE PRESENTS: Muirfield Village Golf Club, whose address is 5750 Memorial Drive, Dublin, Ohio 43017 ( "Grantor "), for and in consideration of One Dollar ($1.00) and other valuable considerations paid by the City of Dublin, an Ohio municipal corporation ( "Grantee "), receipt of which is hereby acknowledged, hereby grants to Grantee, its successor and assigns forever a twenty (20) foot wide perpetual easement in, through, over and under the following described real property for a watermain line not to exceed six (6) inches in diameter, together with the right of Grantee and its agents to operate, maintain, repair, replace or remove the watermain line and any facilities related thereto in, through, over and under the following described real property: Situated in the City of Dublin, in the Counties of Franklin and Delaware, and in the State of Ohio, and more particularly described in Exhibit "A" attached hereto and made a part hereof. Grantor, for itself and its successors and assigns, hereby releases Grantee from any further claims for compensation or claims for damages resulting from this easement grant, except that Grantee shall not be released from liability for its obligations hereunder or for damages caused by its actions or the actions of its employees, agents or contractors. Grantor reserves the right to use and occupy the easement area for any purpose consistent with the rights and privileges granted herein which will not interfere with or endanger the watermain line or related facilities. Grantor agrees that no permanent structures (excluding, e.g., shrubs, bushes, etc.) will be placed within the easement area. Notwithstanding the easement grant herein, Grantee agrees that the entire watermain line and related facilities shall be located underground and not on the surface or above the surface of the easement area. Grantee agrees that it will, at its own expense, restore the easement area and any other affected property to its former condition as and to the extent reasonably possible. Grantee agrees, to the extent permissible under Ohio law, to indemnify and hold harmless Grantor from any claims or suits which may be asserted against Grantor arising out of the use by Grantee, its contractors and agents of the easement and /or the watermain line and related facilities or other negligent or intentional conduct of Grantee, its contractors and agents. (OXF- 2169.1) 41610370 The easement and agreements in this instrument shall run with the land and be binding upon and inure to the benefit of the respective successors, transferees and assigns of Grantor and Grantee. IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands this u day of August, 2012. Grantor STATE OF OHIO ) ) /�I (Ii ) SS. COUNTY OF Grantee City of Dublin Name: ` " �4. -\" 1 �� �61oy Title: LIT` M0 ( -Fk' The foregoing instrument was acknowledged before me this tom' day of August 2012 by Nicholas J. LaRocca, General Manager of Muirfield Village Golf Club, for and on behalf of Muirfield Village Golf Club. oi�u s , Elaine T tsRel „ • Notary Pubk Stale Of ONO my can wnw eoes 09142014 STATE OF OHIO ) ) SS. COUNTY OF G �7 Notary Public My Commission Expires: The foregoing instrument was acknowledged before me this �; day of August, 2012 by Ms. Marsha Grigsby, City Manager for the City of Dublin, for and on behalf of the City of Dublin. LINDA. I . i Notary Pill 0>ftlic 4 s My Commission Expires May 19, 2014 �o J/) / �'r r '. ?f of off•' My Commission Expires: / 7 {OXF- 2169.1) Title: <0�� =7 ,4 L l�<t/✓f1 C �2 EXHIBIT A Legal Description {OXF- 2169.1 } t WATER LINE EASEMENT 0.604 ACRE Situated in the State of Ohio, Counties of Franklin and Delaware, City of Dublin, lying in Virginia Military Survey Number 2545 and being on, over and across that 220.00 acre tract conveyed to Muirfield Village Golf Company by deed of record in Official Record 10776H 18 (Franklin County) and Deed Book 494, Page 631 (Delaware County) (all references refer to the records of the Recorder's Office, Franklin or Delaware County, as noted) being more particularly described as follows: Beginning, for reference, on the arc of a curve in the northerly line of Lot 195 of "Muirfield Village Phase I ", of record in Plat Book 49, Page 84 (Franklin County) and Plat Book 12, Page t (Delaware County), being the southeasterly corner of Lot 74 of said "Muirfield Village Phase 1"; thence across said 220.00 acre tract, with the northerly line of said Lot 195, with said curve to the left, having a central angle of 20 52'06", a radius of 651.38 feet, an arc length of 237.24 feet and a chord bearing and distance of North 79s 15' 21" Fast, 235.94 feel to a point of tangency; thence North 68" 49' 18" East, continuing across said 220.00 acre tract, with the northerly line of said Lot 195, a distance of 27.34 feet to a point in said northerly line; thence South 21 10' 42" East, continuing across said 220.00 acre tract, a distance of 10.00 feet to a point in the southerly line of an existing 10 feet wide easement, the TRITE POINT OF BEGINNING; thence continuing across said 220.00 acre tract, the following courses and distances: North 68. 49'18" East, a distance of 54.07 feet to a point; South 89 °28'05" East, a distance of 37.31 feet to a point; North 62 0 02'24" East, a distance of 70.87 feet to a point; North 86 0 01'55" East, a distance of 94.60 feet to a point; North 38°22'12" East, a distance of 91.74 feet to a point; North 73 °3341 " East, a distance of 63.63 feet to a point; North 78 0 403" East, a distance of 66.32 feet to a point North 55 °4337" East, a distance of 41,46 feet to a point•, South 89 °52'21" East, a distance of 29.23 feet to a point; North 22 °3739" East, a distance of 42.48 feet to a point; North 49 0 3946" East a distance of 70.22 fat to a point; North 24 0 13'02" East, a distance of 25.42 feet to a point; North 07 °13'04" East, a distance of 70.00 feet to a point; North 45 °5001" Fast, a distance of 91.99 feet to a point; North 56 0 0848" East, a distance of 80.65 feet to a point; North 10 0 3417" East. a distance o£89.85 feet to a point; North 32 0 3523" Fast, a distance of 31.02 feet to a point; North 77 °3671" East, a distance of 76.47 feet to a point; North 88 °50'31" East, a distance of 107.62 feet to a point; South 54 ° 04'44" East, a distance of 50.42 feet to a point and 0.604 ACRE -2- South 76 °23'12" East, a distance of 64.98 feet to a point in the westerly line of Lot 159 of said "Muirfield Village Phase C; thence South 09°42'14" Fast, with the westerly line of said Lot 159, a distance of 4.18 feet to the common comer of said Lot 159 and Lot 158 of said "Muirfield Village Phase i '; thence South 37° 10' 44" East, with the westerly line of aid Lot 158, a distance of 25.57 feet to a point; thence continuing across said 220.00 acre tract, the following courses mid distances: North 76 West, a distance of 90.39 feet to a point; North 54°0444" West, a distance of 47.66 feet to a point; South 88°50'31" West, a distance of 98.95 feet to a point; South 77 °36'21" West, a distance of 66.21 feet to a point; South 32°3523" West, a distance of 18.84 feet to a point; South 10 °34'37' West, a distance of 94.36 feet to a point; South 56 °08'48" West, a distance of 87.24 feet to a point; South 45 0 50'01" West, a distance of 83.18 feet to a point; South 07 0 13 1 04" West, a distance of 65.98 feet to a point; South 24 0 1392" West, a distance of 32.93 feet to a point; South 49°3946" West, a distance of 69.93 feet to a point; South 22 0 37'39" West, a distance of 51.03 feet to a point; North 89°52'21" West, a distance of 36.40 feet to a point; South 55 0 4317" West, a distance of 39.34 feet to a point; South 78 0 44'03" West, a distance of 69.48 feet to a point; South 73 West, a distance of 56.39 feet to a point; South 38 °22'12" West, a distance of 94.24 feet to a point; South 86 0 01'55" West, a distance of 101.67 feet to a point; South 66 °01'55" West, a distance of 82.01 feet to a point; and North 89 °28'05" West, a distance of 78.53 feet to the TRUE POINT OF BEGINNING and ng 0.604,aaroe6l4pd, more or less. je OF �P •• " " " "••.,hj �s EVANS, MECHWART, HAMBLEI'ON & TILTON, INC. ; HEATHER t KING i c o t S -8307 ' 13 � Heather L. King Date Professional Surveyor No. 8307 `''tss /ONALS�tS, vm SSA AD J W W 0 (} S gi NIDNmN y p /n 3 � ` s \ o C a _ coo r- W it A � V v v w p v o O N 0 A m RI U OD $ N fO \ j O i .. La O\ 1000 �''�.t❑ pa w ° F O O � ° C N N "11 G r z m 0 O K Pgo 0 C g O 1C # > Q O v CD F N 3 m 4 O+ s lTJ ci \ ci AU� p r + '` ``I \IIIIIIIblry m� �J o q r` y� y oa........... Six �o O O 47 m < c c r a _ � m U O V n � N O d 3NIlH�1VW A N \ ; V m i \(� �.� ()|i \ _ / � ° § w 0 f § ® | ° ` m � ®� 'C \�� §)§ ,m \4} \ x� p 2 � ) ° � ) \ ! y N � e al m 3a q Y m m O It � k 8 g L28 � Cl � a Z m p orb N C ' Q m r �' nl n P �� R7 1�1 � f > m m� II OCuNi 1 I � V I tZ7 Y�7 / 4'C 0 r r 0 0 / Y _ W o P p n O o m O p b N O P O a V W m N p A N �x PIT �g o- a NN ObGO V � Of D A W N-O �O [oJ N E: s A 9 N O U� V Z poJ Z Z W Z �UAON Z Z Z Z Z Z Np�UV U Z Z Z V Z WOUObN Z Z IA Z d 4 $ bOA ((�� aOO�U WW N OOUJA.bNbU A W W ( q W W W pp N�NO?b CO m A A A(�i N W AOOOA "t W S W W A OA-`UNO Z r a N A s W a V pp t a A s N Oa s tp V W a a a a UOD a s 0 z m ri m m m rn ri m m m m m i*i m m r m m m rim m O I/ z s s A m �`Q U p V V � W t 7 0 !D. � b J ONON!D N J A N j T � m W-`A � O b J W U PZ m �bAp�AO co N N V N co U W U bOANANA b O N N@ W O N W A O J G10 FA rA C V COAO Z m 'zF�z y�.yy W W W W 61 AOA Um O I i n b i n 0 V m p A A A r y W W W W W W W W W rr W rr N N N N N N N Z y lyy� W NCO bOO JOiUA W N ObfA JMUA W m € kp] l J A ZUl b fn t/1 (n Nt/IZ U/ UVi Ip I/i L/1 U1 U1U 47 Z ZNN J W m r N m 01 OO Of OD l.i W 4iAA OD U b CJ1 N f;l b [.I� .p V 1Na U O O W N [,l J [N W fT A 6 W t3 -t J D j W A W W J N J {Wp b >> Oi W O NA W O O O O? A It W J U N m N O W A A j 0 .li Z W W .p N.p � y y a y DDN�A Of to to +1 W W JAm�tOA p>ODJ bNlral Ofl�Z W 4 N A W ,O A O l0 I D b N W W •N.. m z 0 w o g a oU W to V A N O A N V COAO W W W W 61 AOA Um O I i n b i n 0 V