Loading...
HomeMy WebLinkAbout2008-018 - Release of EasementsBill No. 2008-18 Ordinance No. 2008-18 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE, MISSOURI, TO EXECUTE RELEASES OF EASEMENTS WHEREAS, the City of Riverside (the "City") was the beneficiary of certain easements relating to Redevelopment Project III under the L-385 Levee Redevelopment Plan as described in the attached Release and Termination documents; and WHEREAS, it has been determined that such easements are not necessary; and WHEREAS, it is desirable for the City to release such easements; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section I. The City of Riverside shall enter into the following documents in substantially in the form attached hereto (the "Releases") and the City is hereby authorized to execute and deliver the Releases, with such changes therein as shall be approved by the officers of the City executing the Agreement, such officers' signatures thereon being conclusive evidence of their approval and the City's approval thereof: a. Release And Termination Of Easement by the City of Riverside, Missouri for the benefit of the Riverside Quindaro Bend Levee District of Platte County, Missouri attached as Exhibit A. b. Release And Termination Of Easement by the City of Riverside, Missouri for the benefit of the City of Riverside, Missouri attached as Exhibit B, c. Release And Termination Of Easement by the City of Riverside, Missouri for the benefit of the City of Riverside, Missouri attached as Exhibit C. d. Release And Termination Of Easement by the City of Riverside, Missouri for the benefit of the Riverside Quindaro Bend Levee District of Platte County, Missouri attached as Exhibit D. Section 2. The City shall, and the officers, agents, and employees of the City are hereby authorized and directed to, take such further action and execute and deliver such documents and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance. Section 3. approval. This Ordinance shall be in full force and effect from and after its passage and Passed and Approved this ~~~-day of g. Mayor Kathleen L. Rose ATTES . 'se Rusick, City Clerk r Deborah A. Polk (816) 472.3198 dpolk@armstrongteasdale.com ARMSTRONG TEASDALE LLP MISSOURI ~ KANSAS ~ ILLINOIS ~ WASHINGTON, DC SHANGHAI ~ SYDNEY ATTORNEYS AT LAW Louise Rusick City of Riverside, Missouri 2950 NW Vivion Road Riverside, Missouri 64150 January 30, 2008 Re: Release and Termination Documents Dear Louise: Enclosed please find the following documents for execution by the City: 1. Release and Termination of Easement at BK111PG858; 2. Release and Termination of Easement at BK111PG859; 3. Release and Termination of Easement at BK111PG860; and 4. Release and Termination of Easement at BK111PG861. Please contact me if you have any questions. After execution, please return the documents to me for recording. Thank you for your assistance. Sincerely, Enclosures ~~a-1~ Deborah A. Polk 2345 GRAND BOULEVARD ~ SUITE 2000 ~ KANSAS C[TY, MISSOURI 64108.2617 ~ TEL: (816) 221.3420 ~ FAX: (816) 221-0786 ~. .. r .. Space Above for Recorder's Use Only DOCUMENT COVER SHEET TITLE OF DOCUMENT: DATE OF DOCUMENT: GRANTOR: GRANTOR'S ADDRESS: GRANTEE: GRANTEE'S ADDRESS: LEGAL DESCRIPTION: REFERENCE BOOK & PAGE: RELEASE AND TERMINATION OF EASEMENT 2008 The City of Riverside, Missouri 2950 NW Vivion Road, Riverside, Missouri 64150 The City of Riverside, Missouri 2950 NW Vivion Road, Riverside, Missouri 64150 See attached Exhibit A Book 1111, Page 860 RELEASE AND TERMINATION OF EASEMENT This RELEASE AND TERMINATION OF EASEMENT (the "Release") is made and entered into this day of , 2008, by The City of Riverside, Missouri, a political subdivision, and its successors and assigns (collectively, the "Grantor") for the benefit of The City of Riverside, Missouri ("Grantee"). WITNESSETH: WHEREAS, Grantee, with a mailing address of 2950 N.W. Vivion Road, Riverside, Missouri, is the owner of certain real property located in the County of Platte, State of Missouri, which property is legally described on Exhibit A attached hereto and incorporated herein (the "Burdened Property"); and WHEREAS, the Grantor, pursuant to a Utility Easement dated September 26, 2007 and recorded at Book 1111, Page 860 of the Platte County Records (the "Easement"), is the holder of certain easement rights to use certain portions of the Burdened Property pursuant to the terms of such Easement; and WHEREAS, it is the purpose of Grantor to grant a full release of Grantor's interest, if any, in the Easement; NOW THEREFORE, in consideration of the sum of One Dollar and other valuable considerations paid by the Grantee, the receipt of which is hereby acknowledged, Grantor does by these presents CONVEY, REMISE, RELEASE AND FOREVER QUIT CLAIM unto the Grantee any and all of their right, title and interest in the Easement and the real estate under the Easement, and any and all rights to the use thereof, together with all rights and appurtenances belonging thereto. This Release and the attached exhibits collectively constitute the entire Release between Grantor and Grantee, and no other promises or representations shall be binding unless made in writing and signed by Grantor and Grantee. The intent of this Release is to completely terminate the Easement and Grantor's use thereof, and to convey all interest of Grantor, if any, in and to the real estate situated under the Easement to Grantee. 2 fl< IN WITNESS WHEREOF, this Release is executed by Grantor hereto as of the day and year above first written GRANTOR: The City of Riverside, Mi souri ~ D Ka een L. Rose, Mayor Attest: 'se Rusick, City Clerk STATE OF MISSOURI ) SS. COUNTY OF PLATTE ) On this ~ day of ~ 2008, before me appeared Kathleen L. Rose, to me personally known, who, by me being duly sworn did say that she is the Mayor of the City of Riverside, Missouri, a body politic and corporate duly authorized, incorporated and existing under and by virtue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed on behalf of said City by authority of its Governing Body, and said officer acknowledged said instrument to be executed for the purposes therein stated an as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the county or city and state aforesaid, the day and year last above written. ~o ~ ~, otary Public 7 3 EXHIBIT A A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RNERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED" TO THE MISSOURI STATE- PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, TSON, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 528.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED; THENCE N14°28'23"E ALONG SAID .EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 253.73 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 22.34 FEET; THENCE S49°03'03"E, A DISTANCE OF 35.52 FEET; THENCE S40°56'57"W, A DISTANCE OF 20.00 FEET; THENCE N49°03'03"W, A DISTANCE OF 25.56 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 611 SQUARE FEET OR 0.0140 ACRES, MORE OR LESS. 4 Space Above for Recorder's Use Only DOCUMENT COVER SHEET TITLE OF DOCUMENT: DATE OF DOCUMENT: GRANTOR: GRANTOR'S ADDRESS: GRANTEE: GRANTEE'S ADDRESS: LEGAL DESCRIPTION: REFERENCE BOOK & PAGE: RELEASE AND TERMINATION OF EASEMENT 2008 The City of Riverside, Missouri 2950 NW Vivion Road, Riverside, Missouri 64150 The Riverside Quindaro Bend Levee District of Platte County, Missouri P. O. Box 168, Platte City, Missouri 64079 See attached Exhibit A Book 1111, Page 861 RELEASE AND TERMINATION OF EASEMENT This RELEASE AND TERMINATION OF EASEMENT (the "Release") is made and entered into this day of , 2008, by The City of Riverside, Missouri, a political subdivision, and its successors and assigns (collectively, the "Grantor") for the benefit of The Riverside Quindaro Bend Levee District of Platte County, Missouri ("Grantee"). WITNESSETH: WHEREAS, Grantee is the owner of certain real property located in the County of Platte, State of Missouri, which property is legally described on Exhibit A attached hereto and incorporated herein (the "Burdened Property"); and WHEREAS, the Grantor, pursuant to a Utility Easement dated September 26, 2007 and recorded at Book 1111, Page 861 of the Platte County Records (the "Easement"), is the holder of certain easement rights to use certain portions of the Burdened Property pursuant to the terms of such Easement; and WHEREAS, it is the purpose of Grantor to grant a full release of Grantor's interest, if any, in the Easement; NOW THEREFORE, in consideration of the sum of One Dollar and other valuable considerations paid by the Grantee, the receipt of which is hereby acknowledged, Grantor does by these presents CONVEY, REMISE, RELEASE AND FOREVER QUIT CLAIM unto the Grantee any and all of their right, title and interest in the Easement and the real estate under the Easement, and any and all rights to the use thereof, together with all rights and appurtenances belonging thereto. This please and~he attached exhibits collectively constitute the entire Release between Grantor and Grantee, and no other promises or representations shall be binding unless made in writing and signed by Grantor and Grantee. The intent of this Release is to completely terminate the Easement and Grantor's use thereof, and to convey all interest of Grantor, if any, in and to the real estate situated under the Easement to Grantee. 2 IN WITNESS WHEREOF, this Release is executed by Grantor hereto as of the day and year above first written GRANTOR: The 'ty of Riverside, Missouri a een L. Rose, Mayor Attest: Lo se Rusick, City Clerk STATE OF MISSOURI ) SS. COUNTY OF PLATTE ) On this ~ day of F~ , 2008, before me appeared Kathleen L. Rose, to me personally known, who, by me being duly sworn did say that she is the Mayor of the City of Riverside, Missouri, a body politic and corporate duly authorized, incorporated and existing under and by virtue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed on behalf of said City by authority of its Governing Body, and said officer acknowledged said instrument to be executed for the purposes therein stated an as the free act and deed of said City. 1N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the county or city and state aforesaid, the day and year last above written. Notary Public 3 EXHIBIT A A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 4, TSON, R33W, BEING A FOUND IRON BAR WITH ALUMINUM CAP, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-63113; THENCE N89°10'35"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1023.26 FEET; THENCE N00°49'25"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 245.40 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF MISSOURI STATE HIGHWAY 9, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S50°19'04"W, A DISTANCE OF 53.61 FEET; THENCE N84°40'56"W, A DISTANCE OF 124.95 FEET; THENCE NOS°19'04"E, A DISTANCE OF 137.32 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MISSOURI STATE HIGHWAY 9; THENCE S53°16'51"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 17.57 FEET; THENCE SOS°19'04"W, A DISTANCE OF 113.17 FEET; THENCE S84°40'56"E, A DISTANCE OF 103.74 FEET; THENCE N50°19'04"E, A DISTANCE OF 43.77 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MISSOURI STATE HIGHWAY 9; THENCE S53°16'51"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.43 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,324 SQUARE FEET OR 0.0993 ACRES, MORE OR LESS. 4 ~i Space Above for Recorder's Use Only DOCUMENT COVER SHEET TITLE OF DOCUMENT: RELEASE AND TERMINATION OF EASEMENT DATE OF DOCUMENT: , 2008 GRANTOR: The City of Riverside, Missouri GRANTOR'S ADDRESS: 2950 NW Vivion Road, Riverside, Missouri 64150 GRANTEE: The Riverside Quindaro Bend Levee District of Platte County, Missouri GRANTEE'S ADDRESS: P. O. Box 168, Platte City, Missouri 64079 LEGAL DESCRIPTION: See attached Exhibit A REFERENCE BOOK & PAGE: Book 1111, Page 858 RELEASE AND TERMINATION OF EASEMENT This RELEASE AND TERMINATION OF EASEMENT (the "Release") is made and entered into this day of , 2008, by The City of Riverside, Missouri, a political subdivision, and its successors and assigns (collectively, the "Grantor") for the benefit of The Riverside~Quindaro Bend Levee District of Platte County, Missouri ("Grantee"). WITNESSETH: WHEREAS, Grantee is the owner of certain real property located in the County of Platte, State of Missouri, which property is legally described on Exhibit A attached hereto and incorporated herein (the "Burdened Property"); and WHEREAS, the Grantor, pursuant to a Temporary Construction Easement dated September 26, 2007 and recorded at Book 1111, Page 858 of the Platte County Records (the "Easement"), is the holder of certain easement rights to use certain portions of the Burdened Property pursuant to the terms of such Easement; and WHEREAS, it is the purpose of Grantor to grant a full release of Grantor's interest, if any, in the Easement; NOW THEREFORE, in consideration of the sum of One Dollar and other valuable considerations paid by the Grantee, the receipt of which is hereby acknowledged, Grantor does by these presents CONVEY, REMISE, RELEASE AND FOREVER QUIT CLAIM unto the Grantee any and all of their right, title and interest in the Easement and the real estate under the Easement, and any and all rights to the use thereof, together with all rights and appurtenances belonging thereto. This Release and the attached exhibits collectively constitute the entire Release between Grantor and Grantee, and no other promises or representations shall be binding unless made in writing and signed by Grantor and Grantee. The intent of this Release is to completely terminate the Easement and Grantor's use thereof, and to convey all interest of Grantor, if any, in and to the real estate situated under the Easement to Grantee. 2 h.' IN WITNESS WHEREOF, this Release is executed by Grantor hereto as of the day and year above first written Attest: Louise Rusick, City Clerk GRANTOR: The ity~~ofl" Riverl'side, Missouri ~~ce~vt/ Kathleen L. Rose, Mayor l- .. r/ ~' ~ ,: AFY P~ -` •~ !~....+' '~~lllf!' ~ ~.tt., ... (ARAN ~ •'••".T ~PLAIiI[r~r•~~r OY ta13801MM ~~~pp~~((ISSIC:t @ ui~7T185 YYCOMN8870N EXPIRE8 71.19.40H STATE OF MISSOURI ) SS. COUNTY OF PLATTE ) On this ~ day of '~9cu'3c~ , 2008, before me appeared Kathleen L. Rose, to me personally known, who, by me being duly sworn did say that she is the Mayor of the City of Riverside, Missouri, a body politic and corporate duly authorized, incorporated and existing under and by virtue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed on behalf of said City by authority of its Governing Body, and said officer acknowledged said instrument to be executed for the purposes therein stated an as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the county or city and state aforesaid, the day and year last above written. Notary Public 3 EXHIBIT A A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHII' S0 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED ' TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 4, TSON, R33W, BEING A FOUND IRON BAR WITH ALUMINUM CAP, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-63113; THENCE N89°10'35"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1227.06 FEET; THENCE N00°49'25"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 177.36 FEET TO THE POINT OF BEGINNING; THENCE NOS°41'32"E, A DISTANCE OF 203.76 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF MISSOURI STATE HIGHWAY 9, AS NOW ESTABLISHED; THENCE S53°16'51"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 238.23 FEET; THENCE S04°42'55"W, A DISTANCE OF 132.75 FEET; THENCE N70°13'45"W, A DISTANCE OF 212.80 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 34,437 SQUARE FEET OR 0.7906 ACRES, MORE OR LESS. 4 ~' Space Above for Recorder's Use Only DOCUMENT COVER SHEET TITLE OF DOCUMENT: DATE OF DOCUMENT: GRANTOR: GRANTOR'S ADDRESS: GRANTEE: GRANTEE'S ADDRESS: LEGAL DESCRIPTION: REFERENCE BOOK & PAGE: RELEASE AND TERMINATION OF EASEMENT 2008 The City of Riverside, Missouri 2950 NW Vivion Road, Riverside, Missouri 64150 The City of Riverside, Missouri 2950 NW Vivion Road, Riverside, Missouri 64150 See attached Exhibit A Book 1111, Page 859 rt. RELEASE AND TERMINATION OF EASEMENT This RELEASE AND TERMINATION OF EASEMENT (the "Release") is made and entered into this day of , 2008, by The City of Riverside, Missouri, a political subdivision, and its successors and assigns (collectively, the "Grantor") for the benefit of The City of Riverside, Missouri ("Grantee"). WITNESSETH: WHEREAS, Grantee, with a mailing address of 2950 N.W. Vivion Road, Riverside, Missouri, is the owner of certain real property located in the County of Platte, State of Missouri, which property is legally described on Exhibit A attached hereto and incorporated herein (the "Burdened Property"); and WHEREAS, the Grantor, pursuant to a Utility Easement dated September 26, 2007 and recorded at Book 1111, Page 859 of the Platte County Records (the "Easement"), is the holder of certain easement rights to use certain portions of the Burdened Property pursuant to the terms of such Easement; and WHEREAS, it is the purpose of Grantor to grant a full release of Grantor's interest, if any, in the Easement; NOW THEREFORE, in consideration of the sum of One Dollar and other valuable considerations paid by the Grantee, the receipt of which is hereby acknowledged, Grantor does by these presents CONVEY, REMISE, RELEASE AND FOREVER QUIT CLAIM unto the Grantee any and all of their right, title and interest in the Easement and the real estate under the Easement, and any and all rights to the use thereof, together with all rights and appurtenances belonging thereto. This Release and the attached exhibits collectively constitute the entire Release between Grantor and Grantee, and no other promises or representations shall be binding unless made in writing and signed by Grantor and Grantee. The intent of this Release is to completely terminate the Easement and Grantor's use thereof, and to convey all interest of Grantor, if any, in and to the real estate situated under the Easement to Grantee. C~ 2 IN WITNESS WHEREOF, this Release is executed by Grantor hereto as of the day and year above first written GRANTOR: The C'ty of Riverside, Missouri _ ~,lG~~ O Kathleen L. Rose, Mayor Attest• ' uise Rusick, City Clerk STATE OF MISSOURI ) SS. COUNTY OF PLATTE ) On this ~ day of 2008, before me appeared Kathleen L. Rose, to me personally known, who, by me bei g duly sworn did say that she is the Mayor of the City of Riverside, Missouri, a body politic and corporate duly authorized, incorporated and existing under and by virtue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed on behalf of said City by authority of its Governing Body, and said officer acknowledged said instrument to be executed for the purposes therein stated an as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the county or city and state aforesaid, the day and year last above written. otary Pu is ~-~ 3 EXHIBIT A A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI' STATE' PLANE COORDINATE SYSTEM; 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, TSON, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 528:77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED; THENCE N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 300.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET; THENCE S74°55'44"E, A DISTANCE OF 103.01 FEET; THENCE S69°03'26"E, A DISTANCE OF 219.00 FEET; THENCE N20°56'34"E, A DISTANCE OF 8.55 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS NOW ESTABLISHED; THENCE S69°03'28"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET; THENCE S20°56'34"W, A DISTANCE OF 23.55 FEET; THENCE N69°03'26"W, A DISTANCE OF 233.23 FEET; THENCE N74°55'44"W, A DISTANCE OF 102.08 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 5,171 SQUARE FEET OR 0.1187 ACRES, MORE OR LESS. 4