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HomeMy WebLinkAboutReso 1990-178 - Authorization execution of contract no. 9-07-20-L5146 ! 110 . RESOLUTION NO. 7o - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AUTHORIZING EXECUTION OF CONTRACT NO. 9-07-20-L5146 , BEING A CONSENT FROM THE U.S . DEPARTMENT OF THE INTERIOR TO ENCROACH UPON COW CREEK WITH A 54-INCH WATER LINE AND LATERAL 1 . 9 N EASEMENTS THROUGH THE COLLEGE HIGHLANDS SUBDIVISION AND THE VINEYARD PLANNED DEVELOPMENT SUBDIVISION, AND AUTHORIZING THE MAYOR TO SIGN. WHEREAS , the U.S . Department of the Interior, Bureau of Reclamation, has submitted for execution by the City of Redding a Consent to encroach upon Cow Creek with a 54-inch Water Line and Lateral 1 . 9 N Easements covering the operation and maintenance of streets and utilities within the Bella Vista Water Line Right-of- Way as shown on the Maps of the College Highlands Subdivision and the Vineyard Planned Development Subdivision; and WHEREAS , it is deemed to be in the best . interests of the City to execute said Consent, a true copy of which is attached hereto and incorporated herein by reference; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves Contract No. 9-07-20-L5146 , being a Consent from the United States Department of the Interior, Bureau of Reclamation, to encroach upon Cow Creek with a 54-inch Main and Lateral 1 .9 N Easements through the College Highlands Subdivision and the Vineyard Planned Development Subdivision. All • 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Consent on behalf of the City Council of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 17th day of April , 1990 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS : Arness, Dahl , Ful ton, Moss, Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None NA CY B M, Mayor City f Redding ATTEST:a .77,1,466‘ ETHEL A. NICHOLS , City Clerk O' t;"PROVED: RA0DALL A. HAYS, Cit Y Attorney -2- Ill , Contract No. 9-07-20-L5146 UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION Cow Creek Unit No. BV-13, BV-204 Bella Vista Water District CONSENT THIS CONSENT is given this day of ,1990, in accordance with the Act of Congress approved June, 17, 1902, (32 Stat. 388) and all acts amendatory therof or supplemental thereto, by the UNITED STATES OF AMERICA, acting by and through its Bureau of Reclamation, Department of the Interior, herein styled the "United States", represented by the duly authorized officer executing this consent, to City of Redding hereinafter styled the "Consentee. " RECITALS: The Consentee has requested permission to construct, operate, and maintain underground electric lines, and a sanitary sewer line on and across the Cow Creek 54-inch water line and Lateral 1.9N easements belonging to the United States. The estate and interest which the United States has in the easements are more particularly set forth in the land Purchase Contract filed on July 15, 1964, and recorded in Book 806, Official Records of Shasta County, California, at page 683, a copy of which is attached as part of Exhibit "A" and incorporated herein as if fully set forth in this Consent, and also set forth in"the Contract and Grant of Easement, recorded in Book 957, Official Records of Shasta County, State of California, at page 196, a copy of which is attached as part of Exhibit "A" and incorporated herein as if fully set forth in this Consent. The United States has determined the requested Consent is not, at this time, incompatible with the purpose for which the estate and interest in the subject easements were acquired and are being administered by the United States. . ' I ' IT IS AGREED: 1. In consideration of the covenants and agreements herein contained, the United States, through the duly authorized officer executing this consent, hereby consents to Consentee's use of the easements located in the SW 1/4 of Section 21, T. 32N. , R. 4W. , MDB&M, and shown on sheets 1 through 28 of plans submitted by Sharrah Dunlap and Associates, Inc. , for College Highlands subdivision dated August 30, 1989, and made a part hereof and also shown on Whitson Engineering, Inc. , Plans (Sheets 1 through 17), for the Vineyard Subdivision (P.O. 1-89) , dated August 21, 1989; for the purpose of constructing, operating, and maintaining an 8-inch-diameter sanitary sewer line across Lateral 1.9N, and a underground conduit with 12 KV electrical line across the Cow Creek 54-inch water line and a underground conduit with 12 KV electrical line across lateral 1.9N, and a Road crossing the Cow Creek 54-inch water line (Placio Drive, Simpson Boulevard, Shasta View Drive, Glasgow Way), and roads crossing Lateral 1.9N (Burgundy Passage, Vineyard Trail, Wineberry Path, Vintner Passage, Harvard Way); together with encroachment rights in, on, along, across, and through easements obtained by the United States for the Central Valley Project. The plans are on file at the Bureau of Reclamation's Mid-Pacific Regional Office, 2800 Cottage Way, Sacramento CA 95825-1898. 2. The COLLEGE HIGHLANDS SUBDIVISION Covenants, Conditions, and Restrictions (CC&R) together with the Vineyard Subdivision covenants, Conditioi_s, and Restrictions (CC&R), must include a provision regarding the United States easements under portions of Lateral 1.9N and portions of the Cow Creek 54-inch water line as follows: Any sub-surface grading, construction, excavation, or planting to be done within the easements for the Cow Creek 54-inch water line and Lateral 1.9N, shall be approved by the Bella Vista Water District and the Bureau of Reclamation prior to doing the work. No Stone/block walls, decks, patio slabs, spas, inground swimming pools, or structures of any kind, shall be constructed in the easement area. 3. The underlying fee owner shall be compensated for damages pursuant to Article 3(a) of the Land Purchase Contract and Article 5 of the Contract and Grant of Easement attached as a portion of Exhibit "A"; except that the United States shall not be responsible for any damage to roads or,.sidewalks which the United States permits to encroach on its easements. t 4. The United States reserves the right to consent to additional compatible uses to others in, on, along, across, and through the easements under this Consent. The United States shall continue this Consent as long as it is considered to be expedient and not detrimental to the Public interest and the Consentee's activities, with respect to this Consent, do not interfere with or endanger the facilities of the United States. If the United States determines that this Consent should not be continued, the Consentee shall be notified of this determination in writing and be given 90 days from receipt of such notice to remove all utilities and other improvements and restore the easements to as nearly the same condition as when originally occupied. In the event the Consentee fails to remove all utilities and other improvements within said 90 day period, the United States may remove them and make such restoration at the expense of the Consentee. All III 5. The Consentee hereby agrees to indemnify and hold harmless the United States, and their employees, agents, and assigns for any loss or damage and from any liability on account of personal injury, property damage, or claims for personal injury or death arising out of the Consentee's or their contractor's agents or employees' activities under this Consent. 6. This Consent is granted subject to the underlying land owners rights and the Consentee shall obtain and hold, at all times, the necessary right from the owners of the land on which the easements and facilities are located. IN WITNESS WHEREOF, this Consent is given as of the date and year above written. THE ,UNITED STATES OF AMERICA By Assistant Regional Supervisor of Water and Power Resources Management Mid-Pacific Region Bureau of Reclamation ACCEPTED: CITY OF REDDING By NOTED: Title 0BELLA WA -ii-STRICT BY _ / `,4._.�'` : Title: r,.„. „4„,--/ j/r, / • • „ exHiair A LS-269 (Rev. 10/60) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CENTRAL VALLEY PROTECT, CALIFORNIA Cow Creek Uni Contract No. 14-06-200-1121A Unit No. BV-13 ' LAND PURCHASE CONTRACT THIS CONTRACT, made this 15th day of J1ily , 1984, in pursuance of Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, between THE UNITED STATES OF AMERICA, hereinafter styled the United States, acting through such officer as is authorized therefor by the Secretary of the Interior, and ISABELLE V. GOODRICH, a widow, hereinafter styled Vendor, 2. WITNESSETH, That for and in consideration of the mutual agreements herein contained, the parties hereto do covenant and agree as follows: 3. The Vendor shall sell and by good and sufficient deed convey to the United States, free of lien or encumbrance except as otherwise provided herein, the follow- ing described real estate situated in the County of Shasta , State of California , to wit: PARCEL ONE: A strip or parcel cf land in Section Twenty-one (21), Township Tairty-two (32) North, Range Four (4) West, Mount Diablo Meridian, described as follows: A strip of land having a uniform width of 40 feet, where measurable at right angles, lying within 20 feet on each side of the following described centerline: Beginning at a point in the centerline of Shasta r.t. County Road No. FD-9, being known locally as Old Oregon Trail, that is 6 T distant South 68° 55' 08" West 383.1 feet from a point in the east line of said Section 21, distant therealcng South 1° 25' 16" East 739.4 feet ra r from the east quarter corner of said Section 21; thence from said point of beginning South 68° 55' 08" West 80.00 feet to the terminus of caid centerline, that is distant North 63° 55' 08" East 4778.5 feet from a point in the south line of said Se:tion 21, distant therealong South _1\ 88° 28' 00" East 409.0 feet from the southwest corner of said Section 21. \ \ The sideline boundaries of said strip are to be lengthened or shortened, \� as the case ray be, so as to begin in the centerline of said County Road No. PD-9, said strip.gontains an area'of 0.07 acre, more or less. EXHIBIT "A" • • SUBJECT to existing rights of way, of record or in use, for roads, railroads, telegraph, telephone and electrical transmission lines, canals, laterals, ditches, flumes, siphons and pipelines, on, over and across said premises; and SUBJECT to the effect of reservations and leases, if any, of • oil, gas and minerals in or under said land; and There shall be reserved to Vendor, her heirs, executors, administrators and assigns, all of her interest in and to all oil, gas or minerals in or under said land, without, however, the right to dig, drill or mine therefor through the surface of said land or within 100 feet of the surface. 3a. Vendor shall also by said deed grant to the United States, its successors and assigns, the right, privilege and easement to construct, reconstruct, lay, re-lay, operate, maintain, and remove at any time water pipelines of not more than 54 inches inside diameter, with all fixtures, devices and appurtenances used or useful in the operation of said pipelines, at any and all points within, through, over and across the following described land situated in said County of Shasta: Three strips of parcels of land in Section Twenty-one (21), Township Thirty-two (32) North, Range Four (4) West, Mount Diablo Meridian, having a combined area of 5.33 acres, more or less, and being separately described as follows: PARCEL TWO: ' A strip or parcel of land in said Section 21, having a uniform width of 40 feet, where measurable at right angles, and being all that portion of the south half (Si) of said Section 21 lying within 20 feet on each side of a centerline that is described as follows: Beginning at a point on the south line of said Section 21, distant therealong South 89° 28' 00" East 409.0 feet from the southwest corner of said Section 21; thence leaving said south line and running along said centerline North 68° 55' 08" East 4817.4 feet to a point hereinafter referred to as Point "A"; thence continuing North 68° 55' 08" East 41.1 feet to a point in the centerline of Shasta County Road No. PD-9, said road being known locally as Old Oregon Trail; said point being distant South 68° 55' 08" West 383.1 feet from a ;:oint on the east line of said Section 21, distant therealong South 1° 25' 16" East 739.4 feet from the northeast corner of the southeast quarter of said Section 21. The sideline boundaries of said strip or parcel of land are to be • lengthened or shortened, as the case may be, so as to begin in the "south line of said Section 21, and to terminate in the centerline of said Shasta County Road No. PD-9; BUT EXWE1- ING THEREFROM that portion thereof lying within the hereinbefore described Parcel One, and containing after said exception has been made an area of 4.39 acres, more or less. PARCEL THREE: A strip or parcel of land in said Section 21, having a uniform width of 20 feet, where measurable at right angles or radially, and being all that portion of the southeast quarter (SFI ) of said Section 21 lying within 10 feet on each side of a centerline that is described as follows: Beginning at a point on the right or southerly sideline boundary of the strip or parcel of land hereinbefore described in Parcel One, said point being distant South DP 08' 32" Pp4t 20.0 feet from the point hereinbefore referred to as Point "A" in said Parcel Two, thence leaving said right or southerly sideline boundary and running along said centerline South 18° 08' 32" East 79.3 feet; thence along a curve to the right with a radius of 600 feet for an arc distance of 138.9 feet to a la EXHIBIT "A" • • • point that is distant South 11° 30' 34" East 138.6 feet; thence South 4° 52' 35" East 108.4 feet; thence along a curve.to the right with a radius of 600 feet for an arc distance of 78.3 feet to a point that is distant South 1° 08' 14" East 78.2 feet from the point of beginning of said curve; thence South 2° 36' 08" West 11.5 feet; thence along a curve to the left with a radius of 600 feet for an arc distance of 99.4 feet to a point that is distant South 2° 08' 38" East 99.3 feet from the point of beginning of said curve; thence South 6° 53' 25" East 107.4 feet to a point on the north line of that certain 1.00 acre, more or less, parcel of land described in the deed from Ulon Owens, et ux, to Darrel E. Owens, et ux, dated January 30, 1961, recorded January 30, 1961, in Book 656, Official Records at Page 330, records of Shasta County, said point being distant along said north line South 81° 51' 10" West (South 82° 04' 20" West according to said deed) 11.9 feet from a 5/8-inch iron pin marking the northeast corner of said 1.00 acre, more or less, parcel of land; thence continuing South 6° 53' 25" East 12.4 feet; thence along a curve to the left with a radius of 300 feet for an are distance of 92.7 feet to a point on the east line of said 1.00 acre, more or less, parcel of land; thence continuing along the arc of said curve to the right for an arc distance of 103.7 feet for a total arc distance of 196.4 feet to a point (said point being hereinafter referred to as Point "B") that is distant South 25° 38' 48" East 193.9 feet from the point of beginning of said curve; thence South 44° 24' 12" East 287.1 feet; thence along a curve to the right with a radius of 300 feet for an arc distance of 102.1 feet to a point (tangent to the curve at said point bears South 24° 54' 30" East) that is distant South 34° 39' 20".Eaat 101.6 feet from the point of beginning of said curve, said point being on the east line of said Section 21 and distant therealong North 1° 25' 16" West 669.2 feet from the southeast corner of said Section 21. The sideline boundaries of said strip or parcel of land are to be lengthened or shortened, as the case may be, so as to begin in the right or southerly sideline boundary of the strip or parcel of land hereinbefore described in Parcel One and to terminate in the east line of said Section 21, BUT EXCEPTING THEREFROM, all that portion thereof lying within the limits of that certain 1.00 acre, more or less, parcel of land hereinbefore referred to, said strip or parcel of land, containing after making such exception, an area of 0.52 acre, more or less. PARCEL FOUR: A strip or parcel of land in said Section 21 having • having an area of 0.42 acre, more or less, having a uniform width of 20 feet, where measurable at right angles, and being all that portion of the southeast quarter (SE,i-,) of said Section 21, lying within 10 feet mon each side of the centerline that is described as follows: Beginning at a point on the left or northerly sideline boundary of the strip or parcel of land hereinbefore described in Parcel One, said point being distant North 17° 33' 40" West 20.0 feet from the point hereinbefore referred to as Point "A" in said Parcel Two; thence leaving said left or northerly sideline boundary and running along said centerline North 17° 33' 40" West 435.0 feet; thence North 13° 26' 20" West 474.0 feet to a point on.the north line of the aforesaid southeast quarter (SE ), distant thereulong North 89° 44' 20" West 624.8 feet from the northeast corner of said southeast quarter (SE1). The sideline boundaries of said strip or parcel of land are to be lengthened or shortened, as the case may be, so as to begin in the left or northerly sideline boundary of-the strip or parcel of land hereinbefore described in Parcel Ona, and to terminate in the north line of the southeast quarter (SE4) of said Section 21. SUBJECT to e:;isting rights of way, of record or in use, for rcada, railroads, telegraph, telephone and electrical transmission lines, cs.nrls, laterals, ditches, flumes, siphons and pipelines, on, over and across said premises; and lb FOCI-4IRIT "A" • • SUBJECT to the effect of reservations and leases, if any, of oil, gas and minerals in or under said land. Said pipeline or lines shall be so laid that not less than two feet of earth, measured from the outside of the pipe collar to the ground surface, shall cover the pipeline or lines, except that fixtures and appurtenances used or useful in the operation of said pipeline or lines may be at any distance either below or above ground surface. The grant of easement herein contained shall include the right to enter upon said land, survey, construct, reconstruct, lay, re-lay, maintain, operate, control, use and remove said pipeline or lines, its fixtures and appurtenances, and to remove objects interfering therewith. Vendor reserves the right to cultivate, occupy and use the premises for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger any of the structures or equipment of the United States or the use thereof. In case of permanent abandonment of said right-of-way, the title and interest herein granted shall end cease, and determine. The United States shall use due care in the construction and maintenance of said pipeline or lines and appurtenances. 3b. For the same consideration hereinafter expressed, Vendor shall also by said deed grant unto the United States, its successors and assigns, the right, privilege and easement until December 31, 1967, to use Parcels 5, 6, 7, 8, 9 and 10, hereinafter described, for the placing or piling thereon of earth, materials and machinery, and for other purposes useful or necessary in connection with the construction of its pipeline adjacent thereto. At the expiration of said period, the United States shall restore the said land, as nearly as may be practicable, to the condition in which it was prior to the commencement of its use by the United States. Said Parcels 5, 6; 7, 8, 9, and 10 are in said Shasta County, are in said Section 21, contain a combined area of 5.35 acres, more or less, and are described separately as follows: PARCEL FIVE: A strip or parcel of land in said Section 21 having a uniform width of 20 feet, where measurable at right angles, and lying within 20 feet to 40 feet on the left or northerly side of the centerline. hereinbefore described in Parcel Two, said strip or parcel of land to be lengthened or shortened, as the case may be, so as to begin in the south line of said Section 21, and to terminate in the centerline of Shasta County Road No. PD-9, known locally as Old Oregon Trail, BUT E:iCEPTING THEREFROM all that portion thereof lying within the limits of Parcel Four, hereinbefore described, said strip or parcel of land, containing after making such exception, an area of 2.27 acres, more or less. • PARCEL SIX: A strip or parcel of land in said Section 21 having a . uniform width of 20 feet, where measurable at right angles, and lying • w thin,.20 feet -to 40 feet on the right or southerly side of the centerline hereinbefore described in Parcel Two, said strip or parcel of land to be lengthened or shortened, as the case may be, so as to begin in the south line of said Section 21, and to terminate in the centerline of Shasta County Road No. PD-9, known locally as Old Oregon Trail, BUT EXCEPTING THEREFROM all that portion thereof lying within the limits of Parcel Three, hereinbefore described, said strip or parcel of land, containing after making such exception, an area of 2.19 acres, more or less. PARCEL SEVEN: A strip or parcel of land in said Section 21 having a uniform width of 10 feet, where scasurable at right angles, or radially, and lying within 10 feet to 20 feet on the right or westerly side of the centerline hereinbefore described in Parcel Three, said strip or parcel of land to be lengthened or shortened, as the case may be, .0 as to begin in the right or southerly sideline boundary of Parcel Six, hereinbefore described, and to terminate in the east line of said Section 21, BUT EXCIPTING THEREFROM all that portion thereof lying within the limits of that certain 1.00 acre, more or less, parcel of land described in the deed hereinbefore referred to in Parcel Three, said strip or parcel of land, containing after making such exception, an area of 0.28 acre, more or less. lc EXHIBIT "A" • • •. PARCEL EIGHT: A strip or parcel of land in said Section 21 having a uniform width of 10 feet, where measurable at right angles, or radially, and lying within 10 feet to 20 feet on the left or easterly side of the centerline hereinbefore described in Parcel Three, said strip or parcel of land to be lengthened or shortened, as the case may be, so as to begin in the right or southerly sideline boundary of Parcel Six, hereinbefore described, and to terminate in a line drawn on a bearing of North 450 35' 48" East from the point hereinbefore referred to as Point "B" in Parcel Three, BUT EXCEPTING THEREFROM all that portion thereof lying within the limits of that certain 1.00 acre, more or less, parcel of land described in the deed hereinbefore referred to in Parcel Three, said strip or parcel of land, containing after making such exception an area of 0.19 acre, more or less. PARCEL fT?E: A strip or parcel of land in said Section 21 having an area of 0.21 acre,more or less, having a uniform width of 10 feet, where measurable at right angles, and lying within 10 feet to 20 feet on the left or westerly side of the centerline hereinbefore described in Parcel Four, said strip or parcel of land to be lengthened or shortened, as the case may be, so as to begin in the left or northerly sideline boundary of Parcel Five, hereinbefore described, and to terminate in the north line of the southeast quarter (SEa) of said Section 21. PARCET, TEN: A strip or parcel of land in said Section 21 having an area of 0.21 acre, more or less, having a uniform width of 10 feet, where measurable at right angles, and lying within 10 feet to 20 feet on the right or easterly side of the centerline hereinbefore described in Parcel Four, said strip or parcel of land to be lengthened or shortened, as the case may be, so as to begin in the left or northerly sideline boundary of Parcel Five, hereinbefore described, and to terminate in the north line of the southeast quarter (SEI) of said Section 21. • SUBJECT to existing rights of way, of record or in use, for roads, railroads, telegraph, telephone and electrical transmission lines, canals, laterals, ditches, flumes, siphons and pipelines, on, over and across said premises; and SUBJECT to the effect of reservations and leases, if any, of oil, gas and minerals in or under said land. 4. The United States shall purchase said property on the terms herein e:pressed, and on execution anidelivery of the deed required by Article 3 and approval by the proper officials of the United States, it shall cause to be paid to the Vendor by United States Treasury warrant or fiscal officer's check as full purchase price the sum of ONE THOUSAND FOUR HUNDRED SEVENTY AND NO/1G0 DOLLARS ' ($1,470.00) and the amount'of any damage to 'trees, seedlings, vines, crops and improvements within or on said Parcels '2, 3 and 4 occurring as a result of and during the construction, operation and maintenance of the pipelines thereon. 4a. The consideration expressed in Article 4 hereof includes payment for four aboveground structures, namely, an air valve, manhole and turnout structure not larger than 9 feet by 6 feet and extending not more than 4 feet above ground level, a blowoff and manhole structure not larger than 6 feet by 6 feet and extending not more than 4 feet above ground level, an air valve structure no larger than 6 feet by 6 feet and extending not more than 4 feet above ground level, all to be installed in said Parcel 2, and a turnout structure encased within one pipe not e::ceeding an inside diameter of 48 inches and a height of 4 feet above ground level to he installed on said Parcel 3. If any greater burden is imposed on the land by reason of construction of additional or larger aboveground structures than herein listed, excepting therefrom any structure installed on the land purchased in fee as said Parcel 1, payment shall be made in addition to the sum expressed in Article 4, based upon an appraisal made by the United States Bureau of Reclamation. EXHIBIT "A" • • • b. The United Ststes shall rest.cro ;..icy fu c..es damns td during oon..cruLcion on &,y pares1 of land hereinabove described, rrc3 ehcll provide tercpo'a:~y fencing during construction, if necessary, • • le EXHIBIT "A" i -eoy kxev. 1U/DO 5. 'The Vendor shall procure and have recorded without cost to the United States all assurances of title and affidavits which the Vendor may be advised by the United States are necessary and proper to show in the Vendor complete fee simple unencumbered title to said property, subject only to the interests, liens or encumbrances expressly provided herein. Abstracts or certificates of title or title insurance will be pro- cured by the United States at its expense unless otherwise provided in this contract. The expense of recording this contract and the deed required by Article 3 shall be borne by the United States. 6. ` In the event that liens or encumbrances, other than those expressly pro- vided herein, do exist, the United States may, at its option, remove any and all such outstanding liens and encumbrances by reserving from the purchase price herein set forth the necessary amount, and may discharge the same with the money so reserved, but this provision shall not be construed to authorize the incurrence of any lien or encumbrance against this contract, nor as an assumption of any lien or encumbrance by the United States. 7. This contract shall become effective to bind the United states to purchase said property immediately on its execution by the contracting officer acting under the authority of the Secretary of the Interior, and shall inure to the benefit of and be binding on the heirs, executors, administrators and assigns of the Vendor, and the assigns of the United States. 8. After execution of this contract by the United States, the proper officers and agents of the United States shall at all times have unrestricted access to said property to survey for and construct reclamation works, telephone and electrical transmission lines, and other structures and appliances incident to said reclamation works, free of any claim for damage or compensation on the part of the Vendor. 9. If the Secretary of the Interior determines that the title should be acquired by the United States by judicial procedure, either to procure a safe title or to obtain title more quickly or for any other reason, then the award to be made for the interest acquired in said lands in said proceedings shall be the same amount as the purchase price herein provided. • 10. The Vendor warrants that the Vendor has not employed any person to solicit or secure this contract upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the United States the right to annul the contract, or, in its discretion, to deduct from the contract price or consideration the amount of such commission, percentage, brokerage, or contingent fees. This warranty shall not apply to commissions payable by contractors upon contracts or sales secured or made through bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business with others than the United States. 11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom, but this restriction shall not be construed to extend to this contract if made with a corporation or company for its general benefit. IN WITNESS WHEREOF, the parttes hereto have signed their names the day and year first above written. THE UNITED STATES OF AMERICA By l`� r Ir Regional Director / Witness Bureau of Reclamation _ I 4.di-d(2-t- Jq u rJ AnlitHEU AS ill LEGAL Vendor EINW,W L) SUUICI1NCY - i ,1 ' • J �ArFORNtT' J` • ;. - 'y til Vendor DEFARTMENI OF INTERIOR Vendor EXHIBIT "A" • LS-189 v. '53) Acknowledgment (Witness) , (Land isition) STATE OF CALIFORNIA ) ) ss. eounty of Sacramento ) On this 17th day of J1,1ly , 19 64 , before me MARY R. MULCAHY, a Notary Public in and for the County of Sacramento, State of California, residing therein, duly commissioned and sworn, personally appeared JOSEPHUS D. RUSSELL known to me to be the person whose name is subscribed to the within instrument as a witness thereto, who, being by me duly sworn, deposed and said: that he resides in the County of Sacramento , State of California; that he was present and saw • ISAFFMT.F, V. GOODRICH, a widow, ft, personally known to him to be the person described in, and who executed i ' the within instrument as Vendor thereto, sign, seal, and deliver the same; that the said I ; ISABELLE V. GOODRICH, a widow, duly acknowledged in the presence of said affiant, that she executed the same, and that he, the said affiant, thereupon, and at the request of said Vendor subscribed his name as witness thereto. IN WITNESS WHEREOF I have hereunto set my hand and affixed my officiul seal in the County of Sacramento the day and year in this certificate first above written. / /t• d Notary Public in and for the County of Sacramento, State • - of California. r My cowwission expires: June 4, 1967 • • • EXHIBIT "A" • • • • Ls-191 (Rev. 12/59) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION C.:; ...i. VA1Li.'J PF J.:'Cl, C11I.f'w:::1:6 *ritu Noo Contract No. 14-0v 61A CONTRACT AND GRANT OF EASEMENT THIS CONTRACT, made this „• i day of , 19 : ,. , in pursuance of the Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supple- mentary and applicable thereto, and particularly pursuant to the Act of Congress approved August 26, 1937 (50 Stat. 844, 850), and an Act of Congress approved August 4, 1939 (53 Stat. 1187), between THE UNITED STATES OF AMERICA, hereinafter styled the United States, represented by the contracting officer executing this contract, and J" r'. -:::.::. a widower 4:, 311. , a married man dealing with his aepurate property, P12-La 0. 31", a married man dealing with his separate property, hereinafter styled the Vendor: WITNESSETH the following grant and the following mutual covenants by and between the parties: 1. Vendor hereby grants unto the United States, its successors and assigns, the right, privilege and easement to construct, reconstruct, lay, re-lay, operate, maintain, and remove at any time water pipelines of not more than 18 inches inside diameter, with all fixtures, devices and appurtenances used or useful in the operation of said pipelines, at any and all points within, through, over and across the following described land situated in the county of 5ha:1.t:, State of California, to wit: C,j.:( A '(.2'...:1. Yi 1a.ad ie neetioh i::tul:f-""u (21), 'Tvwco:okil Taal:ey-two 132) i�i.;�t1., L...k;,e lour (4) i:eut, LOuut 11iu.blo Zuridiun, l:.:iaj u lrortolo i or that cartolin puru.l of lona uts dnseribed in k areelo 3 and 4 of the deed frcw Ica/A*11e V. Goodrich to.John F. Shea, et u]., dated Oeto:.ar 19, lj ►, uud recorded October 27, 1964, Li book 809, Orficia1 Pacords, tit pu;.ip 678, &words of ahaut,i County, Oaliforaia, contolaiug an arc of 1.2( nacres, more or less, isore particularly aeucribed :as i'allo;h ; ell that portio:l ut tau: euast 2U reet or to.. eeeiio:t 21, lying eoth.h of ttae centea'liuc of a 4ai-root dedic;llt:;9 r,.,4 on tie ooutuerly tcoulJry or the! "rllite Chi Sdbaiv:si:.n" .ad audaa ua that certain map entitled: %bite Oaks SoL.liviuion", recorded Z..tc 24, 1939, is hook 5 of h po, ut pa6e 55, Eccol%lo or Shasta Cola.atd, C.i1.ifor.aia. i... Ili wiiii ..i:iu Uaited :i1.:L.Li 11:: uucea:..a>.%a'.. ri,;14t, 142411e,,;;e, un.i eaa.cueht until June ;;0, 1.;/69, to eater ya.ua .ani u:.e 'i..ace4 Two acid lure::, hereinafter described, for the lals.Cint{ far pilily; thur..c,.0 ar .,.t -tn, n,al:trials, or :....chii;c;ry and for other 1,4114.:scu uuarlil, .or iu c:G,i,: tiou with the eouwtri.ctiun taf 1tU pil lin.:u adjacent thereto. At the e«pia•..- tion of ouia ea.,ena:ut period, the [Aaited States &Call rooture the u,a1d 1 ..., .ars uu.u•ly a:: 14.4 ce practicable, to the condition in which it was prior to the coiaa uc.:Lsr:.-,t or it:s w Ly the United States. Said Tracts Two orad Three ore described a4 rulluus: CVU1L1IT " A " • • 411 5:4u tructo of laud Lu uuld Section 21, being yurtioue of the parcels vi L.nd %icscribed in /excels 3 end 4 of the dead :von Iasbells V. Goodrich to John F. Shea, et ail., heretiubetora referred to in Tract One, ccntuin- inL a combined area of 1.64 sores, Poore or less, arose particularly des- cribed as follows; TAA,CT TWO; All that portion of the vest 15 Peet of said Sectica 21, lyingiaard7 the cuuterline of a 40-foot dedicated road on the southerly boundary of the "White Cake Subdivision" shorn ca that certain map entitled; "White Oaks Subdivision", breinbpfore referred to in Tract Owe, soot.riniag an area of 0.99 serf, more or 1sss. 1'1tACr Mat All tut portion of the Deet 10 taut of the west 45 rrat of said Section 21, lying south of said centerline of dedicated road on the southerly boundary of the "White Oaks Subdivision" shown on that certain ;exp entitled; "White, Oaks Subdivision", hereinbeforu referred to in Treat ( ue, cont. 4 ing an area of 0.65 sere, mars or less. lb. `1Rae couaiderstim s ueu ed in Article 5 hereof ftel=tra»s peyment for this rolloving aboveground structures to be constructed in Treat One; as sir vulva at upproximst.o Stations 4+50 and 2450, alai a blod oft at approximate Station 10+(0, esnh structure not sxoeeding 4 feet long, 4 feet wide, and to extend not more then 4 toot above ground level. If any greater burden is imposed on the land by resew of 40AntraCtlal of aboveground structures in addition to or larger than the above lusted structures, paymmrt shall be made in addition to the sum expressed in Article 5, based %pm an appraised aade by the•united States Bureau of Reclamation. In EXHIBIT "A" LS-191 ( leve. 5/67) e 2. Said pipeline or lines shall be so laid that not less than two and one-half feet-of earth, measured from the outside of the pipe collar to the ground surface, shall cover the pipeline or lines, except that fixtures and appurtenances wised or useful in the operation of said pipeline or lines may be at any distance either below or above ground surface. 3. The grant of easement herein contained shall include the right to enter upon said land, survey, construct, reconstruct, lay, re-lay,.maintain, operate, control, use and remove said pipeline or lines, its fixtures and appurtenances, and to remove objects interfering therewith. Vendor reserves the right to cultivate, occupy and use the premises for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger any of the structures or equipment of the United States or the use thereof. In case of permanent abandonment of said right-of-way, the title and interest herein granted shall end, cease, and determine. The United States shall use due care in the construction and maintenance of said pipeline or lines and appurtenances. 4. The grant of easement herein contained is subject to existing rights-of-way for highways, roads, railroads, canals, laterals, ditches, other pipelines, electri- cal transmission lines and telephone and telegraph lines covering any part of the above described land, and subject to the effect of reservations and leases, if any, of oil, gas and minerals in or under said land. 5. As complete consideration for the above grant of easement, the United States shall pay to Vendor the sum of Z lrl'Y-3r'IdJ1 Iiia? 1.4(W 1X4.4Alal ( ,i40.4 and (a) Thg amoun. .t of any damage to trees, seedlings, vines and crops on said �r0� occurring as a result of and during the construction, operation and maintenance of said pipeline, such trees, seedlings, vines and crops being limited to those growing on the land at the time of such construction, operation and mainte ce• th amougt,of any damage to crops, trees and improvements on said aim occurring as a result of and during the construction of said pipeline; and the amount of any damage to such irrigation facilities or other im- provements located thereon as are not to be relocated as herein provided; and (b) The reasonable cost of the relocation of such of said irriga- tion facilities or other improvements as the United States shall determine shall be relocated by the Vendor; or In lieu of the payment of the amount of said damage to the said irrigation facilities'-or other improvements, or of the costs of the relocation of said irrigation facilities or other improvements, the United States may at its option and expense relocate the said irriga- tion facilities or other improvements; and the Vendor shall so accept said payment or relocation. The payment to be made under the provisions of subparagraph (a) hereof shall be in an amount determined by an appraisal made by the United States Bureau of Reclama- tion. The appraisal of crops shall be based upon the market price of said crops leas expenses of cultivation, harvesting and transporting as of the date of their destruc- tion or damage. The appraisal of trees and vines shall be based upon the value per acre contributed to the land by said trees and vines. Any irrigation facility to be relocated as herein provided shall be of quality and standard equivalent to that of the existing facility, and any such•irrigation facility or other improvement shall be relocated to such land 9f the Vendor adjoining that herein described as the parties hereto shall mutually determine to be reasonable and proper. The United States shall notify Vendor in writing as to the facilities and improvements that must be relocated and in such notice shall inform Vendor as to the date when such relocation must be completed and of the reasonable cost of such relocation. The payment under the pro- visions of subparagraph (b) hereof shall be made upon the completion of the said relocation, and shall be in an amount determined by the United States Bureau of Reclamation to be the reasonable cost thereof. cvu1QIT " A" • • • LS-191 (2/� The right of the Vendor to receive the lump sum specified above and the amount of damages caused during initial construction of said pipelines shall not be assign- able and shall not pass to any subseq..ent purchaser of the land or any interest therein. 6_ The consideration P messed in Article.5.hereof does not include_psyment for ..- Treat Q. . If any greater burden is—_ imposed on said_land, by resgon_Qf_.construction of aboveground structures thereon_ , _p$yn.ent shall be mad,_in addition to the sum expressed in Articles, based upon an appraisal retie by_rho Un f-Reclamation. 7. It is a condition precedent to any payments hereunder that any and all defects, interests or encumbrances against the Vendor's title to said land that may not be acceptable to the United States shall be removed by or on behalf of the Vendor, but the United States shall pay certain costa of such instruments, including trustee's and beneficiary's fees for executing subordination agreements as to deeds of trust and mortgages, not exceeding $50; fees for obtaining certification of court orders in guardianship or estate proceedings; recording fees for all such title-clearing instru- ments; fees of title companies for furnishing certificates of regularity in estate proceedings; and other fees of a similar nature which may be approved by the United States. '/§i. It is understood and agreed that if the Secretary of the Interior determines that the title should be acquired by the United States by judicial procedure, either . to procure a safe title or to obtain title more quickly or for any other reason, then the compensation to be claimed by the Vendor and the award to be made for said lands in said proceedings shall be the compensation hereinbefore provided. 6 56 Where the operations of this contract extend beyond the current fiscal year, it is understood that the contract is made contingent upon Congress making the neces- sary appropriation for expenditures thereunder after such current year has expired. In case such appropriation as may be necessary to carry out this contract is not made, the Vendor hereby releases the United States from all liability due to the failure of Congress to make such appropriation. 1 l . No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise here- from, but this restriction shall not be construed to extend to this contract if made with a corporation or company for its general benefit. IN WITNESS WHEREOF, the parties have caused this contract to be executed the date hereinabove written. THE TED STATES OF AMERICA /,' • I • inn/ • BY Regional Real Estate Officer Bureau of Reclamation /s/r:.ii.und H. :i1'u , Jr. . Vendor /s/l etei O. jhe8 Vendor •1 )n. .1 Hit i ;,r. /'.%J�i�1 1'. .; .,,a Witness Vendor 3 EXHIBIT "A" • • • ' - • • • 8TATZ OY C&LIYORNIA ) ) sa. CODU 'Y or Los ANONLNS ) y/7 � p On this :p day of. ON r. 168, before me, the under- signed, a Notary Public in and for said County and State, personally appeared LLOYD W. Htfl'TON, known to me to be the person whose name is subscribed to the within instrument, as a witness thereto, who being by me duly sworn. sayas That he resides in Claremont, Cali- fornia, and that he was present and saw JOHN T. SH&A, HOM=O B. SERA, JA., and PST= O. SQA, who are personally known to hiss to be the same persona whose names are subscribed to the within in- strument, sign and deliver the same and that they then acknowledged to affiant that they executed the same, and that said affiant.sub- scribed his name thereto as a witness. WITNRSe my hand and official seal. ,� LEUA L.CASTEEL '� / - . � o Or said f - ST�fE OF CALIFORNIA County and State ' ` COUNTY Of LOS ANGELES My Commission izpires, turn r.cASTEFc �Y Canwd,Nun Eyirw/. si 7i.1.92Ji • EXHIBIT "A" • • • Cow Crsuk Unit No. 141/-2c4 CCu,�i."r TO 4:,4i141 hortb Valley Title k Escrow Co., a corpo cation, Trustee rni Isubrlle V. Goodrich, Beneficiary, under the died of trust doted October 7, 1964, recorded October 4, 1964, in book 809 of Qfticiul Records, page 680, 5haata County Records, hereby consent to the annexed Contract and Grant of Eaue.ant executed by Juba F. Shea, kdwund Ii. Shea and Peter 0. Shea in favor of the United Status of £.erica, and subordinate their rights under said deed of trust, to the ruts granted to the United Statee under said Contract and Grant or Easeweat. Dated* 1-.:13r21 , 1968 )CiLTU VALLh7 TITLE b 1 CkW CO., • corporation, ?mutes, Ly /e1 Nick 11. Zo,aariv i Lc:k 1d. Zo ucia, Preuiilaui: • 14 /6/ NIP I ii,i,-,s,, Dew J. CLicc.i. , ..sui it u.l �1 Ts:,L,Ale V. ,:or r1r e ,' Isabelle V. Goodrich, Beneficiary Witness EXHIBIT "A" LS-187 (Nov. '53) nowledgment (Corp-Trustee) (Land Acguion) • STATE OF CALIFORNIA ) ) ss. County of STA ) -0n this 4th day of `num , l9� , before me, Jeanne M. Crow , a Notary Public in and for cine County and State aforesaid, personally appeared Nick M' die and Don J. Chicoine known to me to be the President and Assistant Secretary of the corporation that executed the within instrument as Trustee, and to be the persons who executed the within instrument on behalf of the corporation therein named as Trustee, and acknowledged to me that such corporation executed the same as such Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed.my official seal this day and year in this certificate above written. • /s/ Jeanne M. Crow Notary Public My commission expires: Nove ber 21, 1971 EXHIBIT "A" • L i-.UJ9 ( , '65) A .owledgment (Witness) (Land Ac ition) • STATE OF CALIFORNIA ) ) se. County of Sacramento ) On this 27tli day of Nay , 19 u; before rue I'L-iRY R. k•1L ILCAI I I , a Notary Public in and for the County of Sacramento, State of California, residing therein, duly commissioned and sworn, personally appeared Rex Reed known to me to be the person whose name is subscribed to the within instrument as a vitness thereto, who, being by me duly sworn, deposed and said: that he resides in the County of Sacramento , State of California; that he was present and saw ISALELLS V. GOuDi ICii personally known to him to be the person described in, and who executed the within instrument as 1,e,ccficiary thereto, sign, seal, and deliver the same; that the said ISALELLE V. GCOLiiICH duly acknowledged in the presence of said affiant, that lite executed the same, and that he, the said affiant, thereupon, and at the request of said iiencficiary subscribed his name as witness thereto. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Sacramento the day and year in this certificate first above written. ilk nt, f Notary Public in and for the County of Sacramento, State of California. My ccimmiseion expires: EXHIBIT "A" r 111 • EANicliT t3 July 5, 1989 Job No. 88.166 Legal Description A parcel of land situate in the Southwest quarter of Section 21, T32N, R4W, MDM, Shasta County, California, being a portion of that certain 20.00 foot wide water pipeline eaaeeent described as Tract One in the CONTRACT AND GRANT OF EASEMENT between the UNITED STATES OF AMERICA and John F. Shea, Edmund H.. Shea and Peter O. Shea recorded in Book 957 of Official Records, page 196, Shasta County Records,described as follows: Commencing at the Southwest corner of said Section 21, being marked by a 3/4" iron pipe tagged RCE 14359 per Book 18 Maps, page 99, from which the South one-quarter corner of said Section 21, being marked by a T-bar tagged RCE 14359 per said 18 Maps 99, bears 589'38'24"E 2671.86 feet; thence from said point of commencement, N88.18'57"E 25.00 feet to a point on the centerline of above mentioned easement per Book 957 Official Records, page 196; thence northerly along said centerline, N01.41'03"W 1004.487 feet, to the true POINT OF . BEGINNING of this description; thence 567.30'48"W 10.70 feet. to a point on the westerly right . of• way of said easement; thence along said westerly right of way, NO1'41'03"W 10.70 feet; thence leaving said right of way, N67.30'48"E 21.40 feet to a point on the easterly right of way of said easement; thence along said right of way, 501.41'03"E 10.70 feet; thence leaving said right of way 567'30'48"W 10.70 feet, back to the POINT OF BEGINNING. 44. •` oy OAVA J.EGGE:1 • • * CI 4775 a f 'FC EXHIBIT "B" % O I ..o II I�� 0�; to FAL O 00 orra./E � (31� p oo\ i-Oli \ 1 r a II �,/ NZ VI SS ii` n--. -1)- --L1 1 , p—.. [1 c r, Ji -10 _, , • �, D , 0 I I o ` � i I I Z i rc 1 0 c1 _ 1 -6. --. 0 � N ii . z rn oar11_4 n1 :44 c4 0.i q , PI - 71 i , r • (7 GN A F_ r < Z i m r -� ;i-T) 0 � c� � � m D I U m g. m Z UU ril I�) (11m C ��' X Q NN Iit i V A N • O 010 r v O 3a ...VP N _�'_ b V N 7 ; U v • 7 6 O D hF ri • �, r< I 6 o N EXHIBIT "B{' • • • Ex►+►OsT Ci • July 5, 1989 Job No. 88.166 Legal Description A parcel of land situate in the Southwest quarter of Section 21, T32N, R4W, MDM, Shasta County, California, being a portion of that certain 40.00 foot wide water pipeline easement described as Parcel Two as described in the Grant Deed from Isabel V. Goodrich to the UNITED STATES OF AMERICA recorded in Book 806 of Official Records, page 683, Shasta County Records,deacribed as follows: Commencing at the Southwest corner of said Section 21, being marked by a 3/4" iron pipe tagged RCE 14359 per Book 18 Maps, page 99, from which the South one-quarter corner of said Section 21, being marked by a T-bar tagged RCE 14359 per said 18 Maps 99, bears 589'38'24"E 2671.86 feet; thence from said point of commencement, easterly along the south line of said Section 21 N89'38'24"E 409.00 feet to a point on the centerline of above mentioned easement per Book 806 Official Records, page 683; thence northeasterly along said centerline, N68'41'28"E 349.37 feet, to the true POINT OF BEGINNING of this description; thence from a tangent bearing NO1'29'39"W along a curve to the left having a radius of 960.00 feet and a central angle of 01'15'50", an arc distance of 21.18 feet; thence N68'41'28"E 10.54 feet; thence from a tangent bearing S02'57'21"E along a curve to the right having a radius of 970.00 feet and a central angle of 02'30'30", an arc distance of 42.47 feet; thence S68'41'28"W 10.71 feet; thence from a tangent bearing N00.13'13"W along a curve to the left having a radius of 960.00 feet and a central angle of 01'16'26", an arc distance of 21.35 feet, back to the POINT OF BEGINNING. ticY < " DAVID J.EGGEN * LS 4975 * sl / ��� 41••if CA" EXHIBIT «B» • O m w O1 ��2,IV�9�t7 (°)M,,gE.2o.t9S =Q - CA id . a (l) „l4--i�I L6 S_ ,� D se, Emi c , vi *No h 1 ir ..2(- A, e,,, -CP p- Wd 'J INJ Q �- CO di 1s o q4 I P N pD ,``'' _ Z t 1 g o tl 11 1 ��N� ._._ r [ 01 (v1„/.5.6 - 1 ill w aciR (a) 3 0 = ',S-8-,A _ I m .1 N I/.3 /14m ,) ,.4o (. --).--1‘;1; 4O( J Q.6.z5 / 10.1 0 W JI • IA- c9 \ W 2D "/ F I 2 I. l' /- I; ZI - -/ --12107 O 17v-1 dci \13 _____)\l E I N too boy 70 Vi.q�c ob11 g /� I- ,------------- �! -- 11VV // _ t, l 4 EXHIBIT "B" E x HiCier _ s . August 21, 1989 Legal Description • Parcels of land situate in the Southwest quarter of Section 21, T32N, R4W, MDM, Shasta County, California, being a portion of that certain 20. 00 foot wide water pipeline easement described as Tract One in the CONTRACT AND GRANT OF EASEMENT between the UNITED STATES OF AMERICA and John F. Shea, Edmund H. Shea and Peter 0. Shea ra.zorded in Book 957 of Official Records, page 196, Shasta County Records, described as follows: Parcel 'A' An Easement for Road Purposes: Commencing at the Southwest corner of said Section 21, being marked by a. 3/4" iron pipe tagged RCE 14359 per Book 18 Maps, page 99, from which the South one-quarter corner of said Section 21, being marked by a T-bar tagged RCE 14359 per said 18 Maps 99, bears S89.38 '24"E 2671.86 feet; thence from said point of commencement, N88'38-24"E 25. 00 feet to a point on the centerline of above mentioned easement per Book 957 Official Records, page 196; thence northerly along said centerline, N01'41'03"W 850. 26' feet, to the true POINT OF BEGINNING of this description and a point herein after referred to as point 'A'; thence S67'30'48"W 10. 70'; thence NO1-41-03W 21. 39'; thence • N67-30-48E 21. 40'; thence S01-41-03E 21. 39'; thence • S67-30-48E 10. 70' to the point of beginning. Parcel 'B' an easement for Road and public Utilities: Beginning at the above afotementioned point 'A'; thence NO1-41-03W 128. 37 ' to the point of beginning of this description and point hereinafter referred to as point 'B'; thence S67-30-48W 10. 70'; thence NO1-41-03W 152. 52 '; thence S33-47-43E 37. 62 '; thence S01-41-03E 113. 05 '; thence S67-30-48W 10. 70' to the point of beginning. Parcel 'C' an easement for road purposes: Beginning at the above aforementioned point 'B'; thence NO1-41-03W 257. 36' to the point of Beginning of the description; thence N33-35-57 W 18. 92 '; thence NO1-41-03W 37. 83 '; thence 533-35-57E 37. 84 '; thence S01-41-03E 37. 83 '; thence N33-35-57W 18. 92 ' to the point of beginning. • EXHIBIT "B" w>_ rs_v1.4 W h 44 V � W S-0 V k I ( kj % .k. 3 `'a •. 4 W Q h W L o 3 j . Olt.') Iont, V2 �bi IP lot CIZ L� � may - �Z ~ I ►. • w14.11/43 VI lq et C.1 1 t% tit . • k ki ItZ se Ci tk I 0. • gIL CO I01 ~I • ~ M�1• cti It Ii) 44 W J • ! 56. W • 1,j •I V t144 t ~ h 7t1 44 sh rt ,. ..:,. .I j hb h • =W ViVI es I� Q W a I1 W ° m 14.1 In.. ".:{1 VI h Z-h . j I =� 3 h r y = leu W NI N-,- .,-�ir, h p ..aa 1Q 7C� k1 Iv. I I , i w CN4 i 144R 1 pP ° k Ki 1. •� CIQ h � 6k , b Q � • �i :1141,:i.ittr.• IQ70 IN awn*/ .4 II AMU fid EX scB»Sk