HomeMy WebLinkAboutOrdinance 99.26 Approving a rezone request by Jersey Properties Co., LLC
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F. ANN RODRIGUEZ, RECORDER
RECORDED BY: HEM
DEPUTY RECORDER
2057 ROOE
DOCKET: 11175
PAGE: 363
NO. OF PAGES: 16
SEQUENCE: 19992210117
11/17/1999
ORDIN 10:41
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SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $
13.50
MARANA ORDINANCE NO. 99.26
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE
REQUEST BY JERSEY PROPERTIES CO., LLC, ON APPROXIMATELY ONE HUNDRED
FORTY (140) ACRES LOCATED NORTH OF INAROAD, ON EITHER SIDE OF SIL VERB ELL
ROAD, IN A PORTION OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 12 EAST.
WHEREAS, Jersey Properties Co., LLC, (the "Developer") is the owner of approximately
one hundred forty (140) acres located North of Ina Road on either side of Silverbell Road, Pima
County Assessor's Parcel Numbers 226-27-009F, 226-33-009B, and 226-33-009C, located in a
portion of Section 35, Township 12 South, Range 12 East, and more particularly described on
Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, in June of 1999, the Developer went before the Town's Planning Commission
seeking to rezone the Property, and after a public hearing held on June 30, 1999, the Planning
Commission voted unanimously to recommend that the Town Council deny approval ofthe rezoning
request; and
WHEREAS, the Developer has subsequently changed its request to rezone the Property to
the following: From "C Large Lot Zone" (on the west side of In a Road) and "A-Small Lot Zone"
(on the east side oflna Road) to "R-6" (Single Family Residential, minimum lot size 6,000 square
feet), "R-7" (Single Family Residential, minimum lot size 7,000 square feet), "R-36" (Single Family
Residential, minimum lot size 36,000 square feet), "R-144" (Single Family Residential, minimum
lot size 144,000 square feet) and "NC" (Neighborhood Commercial) for use of the Property as a
single- family residential subdivision, with 225 total dwelling units, including approximately 31.3
acres of open space, and approximately 3.62 acres of neighborhood commercial uses, as depicted
on Exhibit B attached hereto and incorporated herein by this reference; and
WHEREAS, the Developer will dedicate to the Town approximately 25 acres, known as
"Parcel B", situated east of Silver bell Road, for use as a regional park site; and
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WHEREAS, on November 16, 1999, the Town Council held a public hearing on this rezone
request and heard from its staff, the Developer and residents ofthe Town; and
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WHEREAS, this rezone request is in conformity with the Town's General Plan and approval
ofthis rezone request is in the best interests of the Town and its residents; and
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Marana. Arizona. Ordinance 99.26
Page 1 of 7
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NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a
Arizona, as follows:
Section 1.
The zoning of approximately one hundred forty (140) acres located north ofIna Road
on either side of Silver bell Road, Pima County Assessor's Parcel Numbers 226-27-
009F, 226-33-009B, and 226-33-009C, located in a portion of Section 35, Township
12 South, Range 12 East, and more particularly described on Exhibit A attached
hereto and incorporated herein by this reference, is hereby changed from "C- Large
Lot Zone" and "A - Small Lot Zone" to "R-6" (Single Family Residential, minimum
lot size 6,000 square feet), "R - 7" (Single Family Residential, minimum lot size 7,000
square feet), "R-36" (Single Family Residential, minimum lot size 36,000 square
feet), "R -144" (Single Family Residential, minimum lot size 144,000 square feet) and
"NC" (Neighborhood Commercial) for use of the Property as a single-family
residential subdivision, with 225 total dwelling units, approximately 31.3 acres of
open space and approximately 3.62 acres of neighborhood commercial uses, as
depicted on Exhibit B attached hereto and incorporated herein by this reference,
subject to the following:
a) If, at the expiration of three (3) years from the effective date of this
Ordinance, a final block plat for the entire property has not been approved
then the zoning on the Property shall revert to the previous designations,
pursuant to A.R.S. Section 9-462.01 (E).
b) The Developer must get approval of an archaeological survey and mitigation
plan by the Arizona State Museum prior to approval of a final plat.
c)
The Developer will convey to the Town within one year of the effective date
of this ordinance approximately 25 acres known as "Parcel B" situated east
of Silverbell Road, as depicted on Exhibit B, for use as a regional park site,
or the zoning on the property shall revert to the previous dedications.
d)
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.i.
A detailed Traffic Impact Analysis meeting the requirements of the Traffic
Impact Analysis for Proposed Development, Arizona Department of
Transportation, Highways Division, Traffic Engineering Section, shall be
required prior to acceptance of a preliminary plat or development plan. All
traffic counts to be provided in the TIA shall be current, up to date numbers.
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e)
Improve Silverbell Road to include a left turn plus acceleration/deceleration
lanes at each access intersection.
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Marana, Arizona Ordinance 99.26
f) Dedication of additional Silverbell Road right-of-way to 75 foot 'li right-of-
way along all frontages with a design speed of 50 mph.
g) Dedication of additional Ina Road right-of-way to 75 foot 'li right-of-way.
h) A master Grading and Drainage Plan will be required prior to the acceptance
of any plat or development plan. Each plat or development plan shall be
subject to the following requirements:
i) Complete Hydrologic and Hydraulic Analyses including water
surface modeling for all water courses having a Q 1 00 exceeding 100
cfs.
ii) Any encroachment into the FEMA floodplain of the unnamed wash
and Yuma Mine Wash, if accepted by the Town of Marana and
FEMA, must be followed with a letter of map revision.
iii) Anyon-site detention/retention basin/storage areas will remain
private and maintained by the homeowners' association.
iv) Dedication of additional drainage easements along Silverbell Road as
identified within the approved drainage report and final plat.
v) Washes are to remain natural open spaces as depicted on the proposed
development plan.
i) Access to the parcel zoned R-36 will be off Silverbell Road only.
j) Access to both the Messiah Lutheran Church and the Hirsch property to the
east shall be provided.
k) Subdivisions fronting on Ina Road shall include a 25 foot buffer-yard
landscaped to Pima County buffer-yard "D" standards.
1)
The Developer shall enter into a development agreement with the Town
addressing phasing, off-site roadway and drainage improvements, and
contribution to the signalization of Silverbell and Ina Roads prior to the
approval of any plat or development plan.
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m)
The Cluster Development Option will not be utilized on this property.
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n)
Any homes located within 125 feet ofthe western boundary ofthe R -6 zoned
parcel in the area shown as the attached Exhibit A will be restricted to a
maximum total height of 18 feet.
Marana, Arizona Ordinance 99.26
Page 3 of 7
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Section 2.
Section 3.
Section 4.
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0) A 10 foot landscape buffer, planted with minimum 24 inch box trees, 15 feet
on center, must be located along the same boundary as described in item (n)
above.
p) All homes will be painted with muted desert colors.
q) Roofs, which are not flat, will utilize ceramic or concrete tiles.
r) Required landscaping will consist of drought tolerant plants compatible with
the Sonoran Desert environment in accordance with Town of Marana
landscape requirements.
s) Sale ofa1coholic beverages on the Neighborhood Commercial (NC) parcel
is restricted to sales associated with restaurant service or grocery/convenience
stores.
t) Homes are restricted to conventional site-built construction.
This rezoning shall allow the development of a maximum 225 dwelling unit single
family residential subdivision, which includes approximately 31.3 acres of open
space and 3.62 acres of neighborhood commercial as depicted on Exhibit B attached
hereto and incorporated herein by this reference.
All Marana ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Town Council in conflict with the provisions of this Ordinance are
hereby repealed, effective as of the effective date of this Ordinance.
If any section, subsection, sentence, clause, phrase or portion ofthis Ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions thereof.
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Marana, Arizona Ordinance 99.26
Page 4 of 7
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PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th
day of November, 1999.
ATTEST:
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May - B Be SUTTON, JR.
APPROVED AS TO FORM:
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Daniel J. Hochuli, as
Town Attorney and
not personally
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Marana. Arizona Ordinance 99.26
Page 5 of 7
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Note: Lot layout Is conceptual. Minimum lot size will
be 6.000 square feet for R-6. 7,000 for R-7
Grading will be selective on R-36 & R-144 to preserve vegetation
Maximum number of lots permitted will be 225
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Suite 800
Tucson, Arizona 85711
Tel: (520) 795-1000
FAX (520) 322-6956
RICK ENGINEERING C011PANY
www.rickeng.com
R-6 ZONE
LEGAL DESCRIPTION
A PORTION OF THE WEST HALF OF SECTION 35, TO\VNSHIP 12 SOUTH, RAL'{GE 12
EAST, GILA A.l'ID SALT RNER NfERIDIAN, PIMA COUNTY, ARIZONA DESCRIBED AS
FOLLO\VS:
BEGINNING AT A GLO STONE AT THE WEST ONE-QUARTER CORJ.'{ER OF SAID
SECTION 35,
THENCE NORTH 0032'21" WEST 711.29 FEET UPON THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 35 TO A POINT ON THE ARC OF A NON-
TANGENT CURVE CONCAVE SOUTHWESTERLY, THE RADIUS POINT OF SAID
CURVE BEARS SOUTH 39007'36" \VEST, 1357.39 FEET;
THENCE SOUTHEASTERLY UPON SAID ARC TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 17023'23", FOR AN ARC .DISTANCE OF 411.98 FEET TO A
TANGENT LINE 45.00 FEET WESTERLY OF AND PARALLEL \VITH THE WEST RIGHT-
OF- \V A Y LINE OF SIL VERBELL ROAD;
THENCE SOUTH 33029'01" EAST 634.16 FEET UPON SAID PARALLEL LINE TO
A POINT ON THE ARC OF A TAJ.'{GENT CURVE 45.00 FEET WESTERLY OF AND
CONCENTRIC WITH SAID \VEST RIGHT-OF-WAY OF SILVERBELL ROAD, CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 659.65 FEET;
THENCE SOUTHEASTERLY UPON SAID CONCENTRIC ARC TO THE LEFT
THROUGH A CENTRAL ANGLE OF r20'31", FOR AN ARC DISTAJ.'{CE OF 84.53 FEET
TO A NON- TANGENT LINE;
THENCE SOUTH 30000'00" \VEST 972.74 FEET TO THE NORTH LINE OF THAT
ELECTRIC EASEMENT RECORDED IN DOCKET 19 AT PAGE 394, RECORDS OF PIMA
COUNTY, ARIZONA;
THENCE NORTH 33025'09" \VEST 326.23 FEET UPON SAID NORTH LINE TO
THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35;
THENCE NORTH 0016'47" WEST 759.25 FEET TO THE POlL~T OF BEGINNING.
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CONTAINING 657,021 SQUARE FEET OR 15.083 ACRES, MORE OR LESS.
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Tucson. AZ 85711 - 3706
PAGE 2 OF 2
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5151 E:..... Broadw:1Y Blvd
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Tel: (520) 795-1000
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RICK ENGINEERING COMPANY
www:rickeng.com
R-7 ZONE
LEGAL DESCRIPTION
A PORTION OF THE SOUTHWEST QUARTER Of SECTION 35, TOWNSHIP 12 SOUTH,
RANGE 12 EAST, GILA AND SALT RIVER :NIERIDlAl'T, PIJ.\;1A COUNTY, ARIZONA
DESCRIBED AS FOLLOWS:
COlVIlVIENCING AT A 2" BRASS CAPPED SURVEY MONUMENT AT THE SOUTH
ONE-QUARTER CORNER OF SAID SECTION 35, THE NORTHEAST CORNER OF SAID
SOUTHWEST QUARTER OF SAID SECTION 35 BEARS NORTH 0017'52" WEST 2636.65
FEET;
THENCE NORTH 72041'39" "NEST 1825.76 FEET TO THE POINT OF
BEGINNING, ON THE NORTH LINE OF THAT ELECTRIC EASEMENT RECORDED W
DOCKET 19 AT PAGE 394 RECORDS Of Pli\1A COUNTY, ARIZONA;
THENCE NORTH 33025'09" WEST 1270.00 FEET UPON SAID NORTH LWE;
THENCE NORTH 30000'00" EAST 972.74 FEET TO A POWT ON THE ARC OF A
NON-TANGENT CURVE 45.00 FEET WESTERLY OF AND CONCENTRIC WITH THE
WEST RIGHT-Of-WAY LWE OF SILVERBELL ROAD, CONCAVE NORTHEASTERLY,
THE RADIUS POWT OF SAID CURVE BEARS NORTH 49010'27" EAST, 659.65 FEET;
THENCE SOUTHEASTERLY UPON SAID CONCENTRIC ARC TO THE LEFT
THROUGH A CENTRAL ANGLE OF 33020'44", FOR AN ARC DISTANCE OF 383.91
FEET TO A TANGENT LWE 45.00 FEET WESTERLY OF AL'TD PARALLEL WITH THE
WEST RIGHT-Of-WAY LWE OF SILVERBELL ROAD;
THENCE SOUTH 74010'16" EAST 232.48 FEET UPON SAID PARALLEL LWE TO
A POWT ON THE ARC OF A TAL'TGENT CURVE 45.00 FEET WESTERLY OF AND
CONCENTRIC WITH THE WEST RIGHT-OF-WAY Of SILVERBELL ROAD, CONCAVE
SOUTHWESTERLY AND HA VWG A RADIUS OF 699.27 FEET;
THENCE SOUTHEASTERLY UPON SAID CONCENTRIC ARC TO THE RIGHT
THROUGH A CENTRAL ANGLE OF 40035'34", fOR AN ARC DISTANCE OF 495.42
FEET TO A TANGENT LWE 45.00 FEET 'WESTERLY OF AL'TD PARALLEL 'WITH THE
WEST RIGHT-OF-WAY OF SILVERBELL ROAD;
THENCE SOUTH 33034'40" EAST 328.11 FEET UPON SAID PARALLEL LWE;
THENCE SOUTH 40000'00" "VEST 1404.98 FEET TO THE POINT OF
BEGINNING.
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CONTAINING 1,623,576 SQUARE FEET OR 37.272 ACRES, MORE
OR LESS.
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PAGE 2 OF 2
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LEGAL DESCRIPTION
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TUWNSHIP 12 SOUTH,
RANGE 12 EAST, GILA AND SALT RIVER MERIDIAi"I, PIMA COUNTY, ARIZONA
DESCRIBED AS FOLLOWS:
COMlVIENCING AT A 2" BRASS CAPPED SURVEY MONUMENT AT THE SOUTH
ONE-QUARTER CORJ.'\IER OF SAID SECTION 35, THE NORTHEAST CORNER OF THE
SOUTHWEST QUARTER OF SAID SECTION 35 BEARS NORTH 0017'52" WEST 2636.65
FEET;
THENCE NORTH 83029'35" WEST 664.68 FEET TO THE POINT OF BEGINNING
ON A LINE 45.00 FEET NORTHERLY OF AND PARALLEL 'WITH THE NORTH RIGHT-
OF- WAY LINE OF INA ROAD;
THENCE NORTH 89058'19" yVEST 774.28 FEET UPON SAID PARALLEL LINE TO
THE NORTH LINE OF THAT ELECTRIC EASEMENT RECORDED IN DOCKET 19 AT
PAGE 394 RECORDS OF PIMA COUNTY, ARIZONA;
THENCE NORTH 33025'09" WEST 560.00 FEET UPON SAID NORTH LINE;
THENCE NORTH 40000'00" EAST 1404.98 FEET TO A LINE 45.00 FEET
WESTERLY OF AND PARALLEL yVITH THE WEST RIGHT-OF-WAY LINE OF
SIL VERB ELL ROAD;
THENCE SOUTH 33034'40" EAST 360.97 FEET UPON SAID PARALLEL LINE TO
A POINT ON THE ARC OF A TANGENT CURVE 45.00 FEET yVESTERLY OF AND
CONCENTRIC yVITH SAID WEST RIGHT-OF-WAY LINE, CONCAVE WESTERLY AND
HAVING A RADIUS OF 879.93 FEET;
THENCE SOUTHERLY UPON SAID ARC TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 22052'13", FOR Ai"I ARC DISTANCE OF 351.23 FEET TO A
TANGENT LINE BEING 45.00 FEET WESTERL Y OF MTI PARALLEL WITH SAID yVEST
RIGHT-OF-WAY LINE;
THENCE SOUTH 10042'27" EAST 433.38 FEET UPON SAID PARALLEL LINE;
THENCE SOUTH 79017'33" WEST 238.57 FEET;
THENCE SOUTH 0017'52" EAST 450.00 FEET TO THE POINT OF BEGINNING.
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CONTAINING 1,207,482 SQUARE FEET OR 27.720 ACRES, MORE
OR LESS
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5151 EAST BROADWAY BLVD,
Suite 800
Tucson. AZ 85711 - 3706
PAGE 2 OF 2
(520) 795-1000 30-AUG-1999
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Tucson, Arizona 35711
Tel: (520) 795-1000
FAX (520) 322.6956
RICK ENG~.tiliRING COMPANY
www.rickeng.com
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LEGAL DESCRIPTION
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOYVNSHIP 12 SOUTH,
RAJ.~GE 12 EAST, GILA AND SALT RNER MERIDL<\l'i, PlliLA. COUNTY, ARIZONA
DESCRIBED AS FOLLOWS:
C01\1MENCING AT A 2" BRASS CAPPED SURVEY MONlJlvfENT AT THE SOUTH
ONE-QUARTER CORNER OF SAID SECTION 35, THE NORTHEAST CORNER OF THE
SOUTHWEST QUARTER OF SAID SECTION 35 BEARS NORTH 0017'52" WEST 2636.65
FEET;
THENCE NORTH 86058'46" \-vEST 1436.67 FEET TO THE POINT OF BEGINNING
AT THE INTERSECTION OF THE NORTH LINE OF THAT ELECTRIC EASEMENT
RECORDED IN DOCKET 19 AT PAGE 394 RECORDS OF PIl.VIA COUNTY, ARIZONA
AND A LINE 45.00 FEET NORTHERLY OF AND PARALLEL WITH THE NORTH RIGHT-
OF- WAY OF INA ROAD;
THENCE NORTH 89058'19" WEST 1178.78 FEET UPON SAID PARALLEL LINE
TO THE \-VEST LINE OF SAID SOUTHWEST QUARTER, THE SOUTHWEST CORNER OF
SAID SECTION 35 BEARS SOUTH 0016'47" EAST 75.00 FEET;
THENCE NORTH 0016'47" \-VEST 1799.17 FEET UPON SAID \-VEST LINE OF THE
SOUTHWEST QUARTER TO THE NORTH LINE OF SAID ELECTRIC EASEMENT;
THENCE SOUTH 33025'09" EAST 2156.23 FEET UPON SAID NORTH LINE TO
THE POINT OF BEGINNING;
CONTAINING 1,060,184 SQUARE FEET OR 24.338 ACRES, MORE
OR LESS.
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NC ZONE
LEGAL DESCRIPTION
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOYVNSHIP 12 SOUTH,
RAJ.'\TGE 12 EAST, GILA AL'fD SALT RIVER NfERIDlAt"-r, PINLA COUNTY, ARIZONA
DESCRIBED AS FOLLOWS:
COl\'IlVIENCING AT A 2" BRASS CAPPED SURVEY MONlJNIENT AT THE SOUTH
ONE-QUARTER CORNER OF SAID SECTION 35, THE NORTHEAST CORJ.'\TER OF THE
SOUTHWEST QUARTER OF SAID SECTION 35 BEARS NORTH 0017'52" WEST 2636.65
FEET;
THENCE NORTH 83029'35" WEST 664.68 FEET TO THE POINT OF BEGINNING
ON A LINE 45.00 FEET NORTHERLY OF AND PARALLEL \VITH THE NORTH RlGHT-
OF-WAY LINE OF INA ROAD; .
THENCE NORTH 0017'52" vVEST 450.00 FEET UPON A LINE 660.00 FEET
WESTERL Y OF AND PARALLEL \VITH THE EAST Lfu"E OF SAID SOUTHWEST
QUARTER OF SAID SECTION 35;
THENCE NORTH 79017'33" EAST 238.57 FEET TO A LINE 45.00 FEET
vVESTERL Y OF AL'fD PARALLEL WITH THE WEST RlGHT -OF- WAY OF SI1 VERB ELL
ROAD;
THENCE SOUTH 10042'27" EAST 36.69 FEET UPON SAID PARALLEL LINE TO A
POINT ON THE ARC OF A TANGENT CURVE 45.00 FEET WESTERLY OF AND
CONCENTRIC WITH SAID WEST RlGHT-OF-\VAY LINE, CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 791.20 FEET;
THENCE SOUTHEASTERLY UPON SAID CONCENTRlC ARC TO THE LEFT
THROUGH A CENTRAL ANGLE OF 31044'50", FOR Al"\J' ARC DISTANCE OF 438.40
FEET TO A TANGENT LINE 45.00 FEET WESTERLY OF AL'fD PARALLEL WITH SAID
\VEST RlGHT-OF-WAY LINE;
THENCE SOUTH 42027'17" EAST 40.05 FEET UPON SAID PARALLEL LINE TO A
POINT ON THE ARC OF A TANGENT CURVE CONCAVE \VESTERL Y, AL"\J'D HAVING A
RADIUS OF 25.00 FEET;
THENCE SOUTHERLY AND \VESTERL Y UPON SAID ARC TO THE RlGHT
THROUGH A CENTRAL AL"\J'GLE OF132028'58", FOR AN ARC DISTANCE OF 57.81 FEET
TO A TANGENT LINE 45.00 FEET NORTHERLY OF AL'fD t\) lANO
PARALLEL WITH THE NORTH RlGHT-OF-vVAY LINE OF INA ~'''''~\~\CAr~St/,p~
WAD; ~~ ~~
THENCE NORTH 89058'19" \VEST 441.13 FEET UPON SAID '-.J 23367
PARALLEL LINE TO THE POINT OF BEGINNING; ROS8REt; ~
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CONTAINING 157,615 SQUARE FEET OR 3.618 ACRES, f.,,10RE OR
LESS.
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