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HomeMy WebLinkAbout06716Reception 1406119 10/11/2001 ORDINANCE NO. 6716 AN ORDINANCE APPROVING THE PLAT OF SHAMMASH ARIEL SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Shammash Ariel Subdivision, being a subdivision of land legally described as: A portion of the Southwest '/4 of the Northwest ' / 4 of Section 14, in Township 21 South, Range 65 West, of the 6 th P.M. Pueblo County, State of Colorado and being more particularly described as follows: Beginning at a point on the West line of said Section 14, from which the Southwest corner of Section 14, bears S 00 00' 20" E., a distance of 3490.40 feet; Thence S 89 53' 37" E, a distance of 33.00 Feet to the existing East ROW line of Prairie Avenue and the Southwest corner of Lot 1 Shifflet Subdivision and the Point of Beginning of the following described parcel of land; Thence S 89 53' 37" E along the South Line of Shifflet Subdivision a distance of 196.50 feet; Thence S 00° 00" 00" E a distance of 174.97 feet to a point on the North Line of a parcel of land deeded to the City of Pueblo under reception # 480411 of the Pueblo County Records; Thence S 89 14' 26" W along said North line a distance of 96.50 Feet; Thence S 00 00' 00 " E a distance of 60.00 Feet to the Northeast corner of a tract of land described under reception #1313678 of the Pueblo County Records: Thence S 89 14' 26" W along the North line of said tract of land described under reception #1313678 a distance of 100.00 Feet to the Northwest corner thereof and the East ROW of Prairie Ave.: Thence N 00 00' 20" W along the East line of Prairie Ave. a distance of 237.94 Feet to the Point of Beginning. Said parcel containing 0.93 Acres more or less. is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to 1406119 Page: 2 of 3 10/11/2001 04:25F ChrisC.Munoz Pueb1oCtyC1k &Rec ORD R 15.00 D 0.00 maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SE CTION 3. Neither the adoption of this ordinance and the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this ordinance or in the City's subdivision ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. 1406119 Page: 3 of 3 10/11/2001 04:251 ChrisC.Munoz PuebloCtYClk &Rec ORD R 15.00 D 0.00 SECTION 4. This ordinance shall be approved upon final passage but shall not become effective until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the 1971 Code of Ordinances meeting and complying with the subdivision requirements of the City have been files with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the 1971 Code of Ordinances, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final subdivision plat becomes effective. I N fps �9 ATTESTED BY: C Y CLERK INTRODUCED: July 9, 2001 BY Corinne K ehler OONCI APPROVED: RSON F CITY COUNCIL PASSED AND APPROVED: J u l y 23, 2001 Reception 1406121 10/11/2001 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on August 2� 2001 , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and Shammash Ariel Messianic Fellowship Inc. ( "Subdivider "). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A "; and WHEREAS, the Subdivider, as a condition of approval of the final plat of Shammash Ariel Subdivision ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit "B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: 1. Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licens ed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or DPW 101 10/21/98 1406121 Page: 2 of 9 10/11/2001 04:25F ChrisC.Munoz Pueb1oCtyC1k &Rec AGREE R 45.00 D 0.00 collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the costs of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer, to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000) feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half ( of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recently proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. DPW 101 10/21/98 2 1406121 Page: 3 of 9 10/11/2001 04:25F ChrisC.Munoz Pueb1oCtyC1k &Rec AGREE R 45.00 D 0.00 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12 -4 -7 (J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors and assigns of Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances, and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to complete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to DPW 101 10/21/98 3 1406121 Page: 4 of 9 10/11/2001 04:25F ChrisC.Munoz Pueb1oCtyC1k &Rec AGREE R 45.00 D 0.00 be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider andthe subdivided land shall remain liable and responsible for all the Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots, and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefor approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefor including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charge shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance or transfer of any DPW 101 10/21/98 2 1406121 Page: 5 of 9 10/11/2001 04:25F ChrisC.Munoz PuebloCtvCI Mec AGREE R 45.00 D 0.00 lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorneys' fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 15. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Shammash Ariel Messianic Fellowship Inc. Subdivider �? n (SEAL) By: By: STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) DPW 101 10/21/98 5 1406121 Page: 6 of 9 10/11/2001 04:25F ChrisC.Munoz Pueb1oCtyC1k &Reo AGREE R 45.00 D 0.00 b , --T, --Tie foregoin� instrument was acknowledged before mew ' 1, Subdivider. My commission expires: City Clerk The foregoing instrument was acknowledged before me on October 2 2001, Al G r 1 e , as President of City Council, and ..SA • Dutcher , as City Clerk of the City of Pueblo, My: ission expires: 8-21-2003 T� F C0� 1 �' � tary Public My COM-T � AW) oar 2cf APPROVED AS TO FORM: - .____3 City Attorney DPW 101 10/21/98 6 STATE OF COLORADO ) ) ss. COUNTY OF COLORADO ) 1406121 11111111111111111111 lill Page: 7 of 9 10/11/2001 04:25F ChrisC.Munoz PuebloCtyClk &Rec AGREE R 45.00 D 0.00 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" LOT 1, SHAMMASH ARIEL SUBDIVISION LEGAL DESCRIPTION: A PORTION OF THE SOUTHWEST/40F THE NORTHWEST/40F SECTION 14, IN TOWNSHIP 21 SOUTH RANGE 65 WEST, OF THE 6 TH P. M., PUEBLO COUNTY, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 14, FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 14, BEARS S 00 °00'20" E, A DISTANCE OF 3,490.40 FEET; THENCE S 89 °53'37" E, A DISTANCE OF 33.00 FEET TO THE EXISTING EAST ROW LINE OF PRAIRIE AVENUE AND THE SOUTHWEST CORNER OF LOT 1 SHIFFLET SUBDIVISION AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND: THENCE S 89 0 53'37" E ALONG THE SOUTH LINE OF SHIFFLET SUBDIVISION A DISTANCE OF 196.50 FEET; THENCE S 00 °00'00" E A DISTANCE OF 174.97 FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND DEEDED TO THE CITY OF PUEBLO UNDER RECEPTION #480411 OF THE PUEBLO COUNTY RECORDS; THENCE S 89 0 14'26" W ALONG SAID NORTH LINE A DISTANCE OF 96.50 FEET; THENCE S 00 0 00'00" E A DISTANCE OF 60.00 FEET TO THE NORTH EAST CORNER OF A TRACT OF LAND DESCRIBED UNDER RECEPTION #1313678 OF THE PUEBLO COUNTY RECORDS; THENCE S 89 °14'26" W ALONG THE NORTH LINE OF SAID TRACT OF LAND DESCRIBED UNDER RECEPTION #1313678 A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER THEREOF AND THE EAST ROW LINE OF PRAIRIE AVENUE; THENCE N 00 0 00'20" W ALONG THE EAST LINE OF PRAIRIE AVENUE A DISTANCE OF 237.94 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.93 ACRES MORE OR LESS. 1406121 Page: 8 of 9 10/11/2001 04:25; ChrisC.Munoz Pueb1oCtyC1k &Rec AGREE R 45.00 D 0.00 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SHAMMASH ARIEL SUBDIVISION OWNER SHAMMASH ARIEL ENGINEER: LAURIE E. CLARK, CLARK ENGINEERING Unit Description Unit Price Quantity Total Unit Cost A. STREET PAVEMENT 1. 3 "ASPHALT ON 6" B.C. $ 17.50/SY 720 $ 12,600.00 2. FLOWABLE BACKFILL $ 65.00 /CY 22 $ 1,430.00 CONCRETE 1. CURB & GUTTER $ 10.00 /LF 432 $ 4,320.00 2. HANDICAP RAMPS $ 3.50 /SF 220 $ 770.00 3. SQUARE PAN RADIUS $ 4.25/SF 225 $ 956.25 4. CROSS PAN (7" CONC.) $ 3.80 /SF 256 $ 972.80 SANITARY SEWER 1. SERVICE LINE (EXISTING SERVICE LINE TO BE USED) WATER 1. MAIN $ 40.00/LF 235 $ 9,400.00 2. FIRE HYDRANT ASSEMBLY $2700.00 /EA 1 $ 2,700.00 3. SERVICE LINE (EXISTING SERVICE LINE TO BE USED) 4. SET METER 3 /4" $ 250.00 /EA 1 $ 250.00 STREET LIGHT 1. STREET LIGHT $1,300.00/EA 1 $ 1,300.00 STREET NAME SIGNS & STOP SIGNS 1. 60'ROW T- INTERSECTION $ 200.00 /LS 1 $ 200.00 2. STOP SIGN $ 100.00 /EA 1 $ 100.00 BARRICADES L 24' WIDE BARRICADE DRAINAGE 1. 18" PIPE C 4IikV101"p, 1406121 Page: 9 of 9 10/11/2001 04:25F ChrisC.Munoz Pueb10CtyC1k &Rec AGREE R 45.00 D 0.00 $1,125.00/EA 1 $ 1,125.00 $ 36.00/LF 149 $ 5,364.00 1. 1.5' DEEP "V" EARTH LINED $ 3.00/LF 470 CHANNEL DETENTION FACILITIES 1. OUTLET STRUCTURE (4'X4') $3,000.00/EA 1 2. GRADING $ 2.00 /CY 700 3. RE- VEGETATION $12,000.00 /AC 0.35 4. RIP RAP $ 50.00 /CY 8 $ 1,410.00 $ 3,000.00 $ 1,400.00 $ 4,200.00 $ 400.00 MISCELLANEOUS SUB -TOTAL $ 51,898.05 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: �. DATE: FIRM: CLARK ENGINEERING, 6821 Highway 78 W, Pueblo, Colorado 81005 REVIEWED BY: l� - �.c �-� z;� DATE: CITY OF PUEBLO Reception 1406122 10/11/2001 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And maintained By Grantor) THIS EASEMENT, granted this 16 day of August, 2001 by Shammash Ariel Messianic Fellowship Inc. Grantor, to Pueblo, a Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum One Dollar ($1.00) and other good and valuable Consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right -of -way as shown on the attached Exhibit "A" for the detention pond and a 20 foot easement and right of way for the purpose of a drainage swale in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, described in the attached Exhibit "A" (the Property). Grantor shall install a drainage swale, detention pond, outlet structure and outfall pipe and appurtenant facilities (the "Facilities ") in the Property in accordance with plans and specifications therefor approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of —way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the Property. "Grantee" shall include the plural and the feminine. This Easement and Right of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this t � day of GRANTOR: By PJJ� ��� 14 @6122 Page: 2 of 3 10/11/2001 04:251 ChrisC.Munoz PuebloCtyC1k &Rec EASE R 15.00 D 0.00 COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The fore ¢ n g instrument was acknowledged before me this 1 , day of by 4 T�1���c° ` t k \C k s, Witness my hand and official seal. My commission expires: (SEAL) r U Notary Public �'� `y 1406122 111111 lill Page: 3 of 3 10/11/2001 04:25F ChrisC.Munoz PuebloCtyClk &Rec EASE R 15.00 D 0.00 "Exhibit All DRAINAGE EASEMENT LEGAL DESCRIPTION: A PORTION OF THE SOUTHWEST/40F THE NORTHWEST 1 /40F SECTION 14, IN TOWNSHIP 21 SOUTH RANGE 65 WEST, OF THE 6 TH P. M., PUEBLO COUNTY, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 14, FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 14, BEARS S 00 °00'20" E, A DISTANCE OF 3,490.40 FEET; THENCE S 89 °53'37" E, A DISTANCE OF 33.00 FEET TO THE EXISTING EAST ROW LINE OF PRAIRIE AVENUE AND THE SOUTHWEST CORNER OF LOT 1 SHIFFLET SUBDIVISION; THENCE S 89 °53'37" E ALONG THE SOUTH LINE OF SHIFFLET SUBDIVISION A DISTANCE OF 196.50 FEET TO THE NORTHEAST CORNER OF LOT 1, SHAMMASH ARIEL SUBDIVISION AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND: THENCE S 89 0 53'37" E ALONG THE SOUTH LINE OF SHIFFLET SUBDIVISION A DISTANCE OF 20.00 FEET; THENCE S 00 °00'00" E A DISTANCE OF 154.97 FEET; THENCE N 89 0 14'26" E A DISTANCE OF 358.96 FEET; THENCE N 00 °56'01" W A DISTANCE OF 129.59 FEET; THENCE S 89 °57'38" E A DISTANCE OF 114.68 FEET; THENCE S 00 °56'01" E A DISTANCE OF 52.94 FEET; THENCE S 07 °43'05" W A DISTANCE OF 96.09 FEET; THENCE S 89 0 14'26" W A DISTANCE OF 479.84 FEET TO THE SOUTHEAST CORNER OF LOT 1, SHAMMASH ARIEL SUBDIVISION; THENCE N 00 0 00'00" E ALONG THE EAST LINE OF LOT 1, SHAMMASH ARIEL SUBDIVISION A DISTANCE OF 174.97 FEET TO THE POINT OF BEGINNING.