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HomeMy WebLinkAboutExhibit 3MIJUN-4 iW8-50 8TR1 I8.53 • ri J K/Ijd (3) 2/20/87•ILL1351/DAA "" 133001-7 758 WATER EASEMENT AGREEMENT • THIS EASEMENT AGREEMENT (hereinafter called "Agreement"), made this day of February, 1987,.by and between the CITY OF • MIAMI, a mun pal corporation of the State of Florida having an address at 3500 Pan American Drive, Miami, Florida 33133 (hereinafter called "the City"), in Metropolitan Dade County on behalf of itself and the MIAMI-DAD£ WATER AND SEWER AUTHORITY • DEPARTMENT organized and, existing -under the law of Florida having an address 3575 South Le Juene Road, Miami, Florida (hereinafter called "WASA"), and BAYSIDE CENTER LIMITED PARTNERSHIP, a MarylandNil •.., limited partnership having offices c/o The Rouse Company, 10275 r-"-- Little Patuxent Parkway, Columbia, Maryland 21044 (hereinafter called "Developer"), WITNESSETH, THAT WHEREAS the City is the owner of all that property situate and lying in the pity of Miami•known as Bayf.ront Park and all that property adjacent to Bayfront Park underneath•the port Boulevard Bridge which is described in Exhibi A attached hereto (hereinafter referred to as "the Property"); an WHEREAS,Ipursuant to a Lease Agreement dated January 14, 1985 the lease as amended hereinafter called "Retail Lease") between the City and Developer, Developer has leased three (3) Portions of the Property described in Exhibit B attached hereto (collectively the "Retail Parcel") for the development of the waterfrontspecialty center (hereinafter called "Bayside Specialty Center"); WHEREAS, pursuant to a Lease Agreement dated January 14, 1985 (the lease as amended hereinafter called "Parking Garage Lease") between the City and. Developer, Developer has leased a portion of the Property and a tract of land north of and adjacen to the Property described in Exhibit D attached hereto (collectively the "Garage.Pafcel") for the.development of a . parking faLility (hereinafter called "Parking Garage"); WHEREAS, pursuant to that certain Agreement for' the Construction of Water and Sewer Facilities and for the Provision of Water and Sewer Disposal Services for Bayside Specialty Center and Parking Garage between Metropolitan Dade County, Developer and City dated January 21, 1986 ("WASA Agreement"), Developer was required to construct and has completed construction of certain water facilities to service the Bayside Specialty Center and Parking Garage; WHEREAS, the WASA Agreement requires the granting of an. easement.burdening the Retail Parcel and the Garage Parcel (collectively "the Servient Tenement") with regard to the maintenance and operations and repair of the water facilities, NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual entry Into this Agreement by the parties hereto, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by each party hereto, the parties hereto hereby agree as follows: Section 1• Declaration of Easement 1.1 Grant of Easement. City hereby grants to WASA an irrevocable, perpetual and non-exclusive easement (hereinafter referred to as "the Easement") i1, under, Over and through all of that portion of the Property (hereinafter referred to as "the Easement Area") and shown on Exhibit C and described in Exhibit E, for the operation, maintenance, connection, repair, replacement r .• I3300rT59 and use of the underground water main and related facilities all within the easement areas shown and designated as "Water Main Casement" on exhibit C attached hereto (all of which, together With any and all additions thereto or replacements thereof made within the Easement Area pursuant to the provisions of this Agreement, are hereinafter referred to as "Easement Facilities"). 1.2 Burdened.Property. The burden of the Easement shall. run with and bind upon the title to the Servient Tenement and .upon each person from time to time hereafter holding such title of record (hereinafter referred to as "the Burdened Owner"). The City agrees that, so long as the Retail,Lease and the Parking Garage. Lease or any substitute leases entered into pursuant to Section 6.1 and 6.2 of the Retail Lease'and Parking Garage Lease are in effect, the Developer, any successors or assigns, shall have all of the rights and obligations df the Burdened Owner exclusively. Section 2. Exercise of Easement 2.1 Manner of Exercise. The party having the benefit of the Easement shall not carry on any construction, maintenance, repair or replacement activity•in a manner that would unreasonably interfere with the use and enjoyment of. the Servient Tenement or which would unreasonably interfere with the businesses then being conducted by the Developer or its subtenants or licensees on the Servient Tenement. Any construction, installation, maintenance, repair, replacement or use of, or connection to, the Easement Facilities shall be conducted only in accordance with all applicable law,. ordinances, rules.and regulations of each governmental entity having jurisdiction over such activities. 2.2 Duty and Cost of Maintenance. WASA shall from time to time perform all necessary maintenance 'and repair of, and replacements to, the Easement Facilities or portion thereof, and the Easement Area or portion thereof in which they were installed, and any other land orimprovements damaged by the WASA's exercise of the Easement or use of the Easement Area in any manner,. to the end that the Easement Facilities and the Casement Area are maintained at all times in good order and repair; and WASA shall promptly restore the Easement Area, any improvements thereon and ' any other land or improvements which are damaged by any such 'exercise or use to Its condition Immediately before such installa- tion or other exercise or'use provided, WASA's responsibility to restore paving shall be limited to asphalt and concrete and its responsibility to restore landscapingshall be limited to small Shrubs and sod. Restoration of any exotic paving or landscaping shall be the Developer's responsibility upon the Retail Parcel and the. Garage Parcel; restoration of any exotic paving or landscaping or other improvements upon the balance of the Property shall be the City's responsibility. 2.3 Indemnification. WASH shall indemnify and hold harmless the City and Developer against and from any and all mechanics', materialman's or other liens, if any, or bodily injury or property damage arising out of any negligent or wrongful act or omission of WASA or its agents, employees or contractors arising out bf the performance of WASA's obligations under the provisions of this Agreement and any failure of the Easement Facilities, subject to. the limitations contained in Section 768.28, Florida Statutes, 2.4 Construction and Maintenance Procedures. During the course of any construction, installation, maintenance, repair or replacement of Easement Facilities by WASA, WASA shall: (a) cause the Easement Area and any land adjoining it to be kept reasonably clean and free of trash and building debris; (' I3300' l00 lb) immediately on the completion of such activity, cause all such trash, dirt and other debris to be removed.from the Easement Area, the remainder o'f the Servient Tenement and any land adjoining the Easement Area or such remainder caused by this construction or maintenance; / (c) Cause reasonable'erosion control measures to be • observed during the course of'such actions; • (d) refrain from discarding or depositing any dirt, trash or other debris upon any other land or improvements without the express written consent of its owner; (e) cause• its agents, employees, contractors, subcontractors and other Invitees to use reasonable care not to damage, or deposit mud, dirt or other debris on, any road, curbing, gutter, Sidewalk, roadbed or unpaved right-of-way lying outside of the Easement. Area; (f) provide pedestrian and vehicular access to and from the Bayside Specialty Center and Parking Garage from and to public and private access roads and sidewalk and Bayfront Park; and . (g) repair or cute, and indemnify and hold harmless the City and Developer against and from any liability and expense on account of, any such damage or deposit. .Promptly" upon the completion of any such construction, repair or maintenance activity, WASA shall, at its expense, restore the surface of the Easement Area as nearly as possible to its former condition and appearance. 2.5 Burdened Owner's improvements. Except aS may otherwise be approved by WASA subject to appropriate conditions which may be imposed by WASP.* no building or other• structure shall be erected on the surface of the EaSement'Area, except that the Burdened Owner may place or construct street furniture, kiosks (i.e. portable structures), or other non -permanent structures in any such area over the Easement Area,'provided the Burdened Owner shall promptly remove the same, at its expense, upon WASA's notice to the Burdened Owner that WASA Intends to catry on construction, replacement, repair or maintenance Activities on the sewer lines in the Easement Area. WASA shall not be liable for damage caused to any street'furniture, kiosk. or other non -permanent structure which the Burdened Owner fails to remove or in.the event of an. emergency situation. . O. 2.6. Nothing herein is intended to create any liability of WASA beyond the limitations of Section 768.28, Florida Statutes. Section 3. General 3.1 Effectiveness. This Agreement shall become effective on and only on its execution and delivery by each party hereto and recordation in the Public Records of Dade County. 3.2 Amendment. .This Agreement may be amended by and only by an instrument executed and delivered by each party hereto. Said amended Agreement to be recorded in the Public• Records of Dade County. 3.3 Applicable Law. This Agreement shall be given effect and constructed by application of the law of Florida. 3.4 Construction. The headings of the sections and subsections hereof are provided herein for and only for convenience of reference, and shall not be considered in constructing their contents... *and the City -3- APPR 13300 r . 76 3.5 Exhibits. Each writing or plat referred CO herein' as being attached hereto as an exhibit or otherwise designated herein. as an exhibit hereto is hereby made a part hereof. 3,6 Assignment. This Agreement shall be binding upon. and shall inure to the benefits of the parties hereto and their successors. 3.7 Liability. Neither WASA, the City or Developer nor .their respective successors and assigns shall have any liability hereunder fox any expense or obligation whatsoever, unless such expense or obligation accrues while such person isthe owner of .record of the land or improvements with respect to which such expense or obligation accrued. Such liability shall survive the City's, Developer's or such person's Subsequent conveyance of such property of record to any other person. 3.8 Termination of Easement. Anything contained in the provision of this Agreement to the contrary notwithstanding, the Easement shall terminate only upon the recordation of an instrument executed by City, Developer, and any mortgagee of Developer with respect tp the Retail Parcel and Garage Parcel, and WASA each consenting to such termination and said instrument recorded in the Public Records of Dade County. IN WITNESS WHEREOF, each party hereto has executed and ensealed this Agreement or caused it to be executed and ensealed on its Aehlilif.by.its duly authorized representative,s,•the day and Year f,&E.t'-aiitllVe written. •WITN4.}5 :or`A„'Cr 1\ _ ro r r. % rn' ,, i:.ti.•'�C'/✓ L Ci i,L By: lerk (SEAL) , � • 'FORM AND CORRECTNESS: : ICI• A. Di GHERT CITY ATTORNEY WITNESSETH: I CITY OF MIAMI, a municipal corporation of the State of Florida City Manager Metropo)1itan.Dade County fly: G/a.c7/74SEAL) rett Sln , Director MIAMI-DADE WATER AND SEWSR AUTHORITY DEPARTMENT BAYSIDE CENTER LIMITED PARTNERSHIP. a limited partnership organized and existing under the law of Maryland, 8y: ROUSE-MIAMI, INC., a Maryland corporation illy, A/1. / By •/ 7(J �u� f l SEAL) STATC OF COUNTY OF �Ftt: I3300r; 762 } } I, an officer authorized to take acknowledgments HEREBY CERTIFY that on this 'r, day of fit.. " ;•' 198 ' , personally appeared before me (..,.i•. .�,,,�. and Pi/Hy rf,r..• , known to me to be the City .Manager and the City Clerk, respectively, of the CITY OF MIAMI, a municipal corporation in and under the laws of the State of Florida, and known to be the persons who under the laws of the State of Florida; and known to me to be'the persons who executed the foregoing instrument, and they severally acknowledged the execution thereof as the free' and' formal act of the said municipal corporation. WITNESS my hand and official seal in said County and State the day and year last aforesaid. %n (r�'. My Commission Expires: STATE OF COUNTY OF Notary Public State of Florida at Large NOTARY PUBLIC. STALE OF FlOIOOA AT LAKE MYCOMMISSION EXPITI1SOEC vaNutu •.nOUW u�mu.,i. n•.•n VN,ANC l I, an officer authorized to take acknowledgments HEREBY CERTIFY that on this a day of (11 •, 198_2, personally appeared before me -u.wt...tk,&j "% and known to me to be the - .."Aso,— and respectiv,ely, of the MIAMI-DADE WATER AND SEWER AUTHORITY DEPARTMENT, known to be the persons who executed the foregoing instrument, and they severally acknowledged the execution thereof. as the free and formal act of the said entity. WITNESS my hand and official seal in said County and State the day and year last aforesaid. My Cbmmission Expires: • n a J . Notary Pu it :• . . c► ;: State of at Lati.c}e. .; : • -5- State the day and year last aforesaid. My 111f. 13300 rc 763 ',Tr. STATE OF COUNT( OF r I, an officer authorized to take acknowledgments HEREBY CERTIFY that on this Zt day o /71,rr4rr , 1987 , personally •appeared before me ,J.¢r,s ,) Az1-cIq and known to me to be the and.. Assistant Secretary, respectively, of ROUSE-MIAMI, INC., a Maryland corporation, known to me to be the General Partner of BAYSIDE CENTER LIMITED Partnership, a Maryland limited partnership, and known to be the persons who executed the foregoing instrument, and they severally acknowledged the execution thereof as the sole general partner of. such partnership. WITNESS my hand and official seal in said County and �1 J7 Y� iv otarn ,1wi State of Florida at=;C,�r4dV10�. Nolan ruLrc. Stair 01 rlorlda Al Lnrgn My Coui ,, iun Erp6rf. Sept. 25. 1989 Commission Expires: • -6- I3300p: 764 THIS BASEMENT AGREEMENT consented to this of , 198. by THE CHASE MANHATTAN BANK,' (N.A.) )"Bank"), mortgagee under that certain Building Loan Leasehold Mortgage dated October 16, 1985 between Bank and Developer, and recorded In at in the land records of Dade County, Florida. STATE OF COUNTY OF 1• day THE CHASE MANHATTAN BANK (N.A.) By: I, an officer authorized to take acknowledgments HEREBY CERTIFY that on this day of , 198 , personally appeared before me . known to me to be • the , of THE CHASE MANHATTAN BANK, (N.A.), known to me to be the person executing the foregoing consent, and he/she acknowledged the execution thereof as a free and formal act Of said entity, WITNESS my hand and official seal in said County and State the day and year last aforesaid.' Notary Public . State of Florida at Large My Commission Expire$: -7- 4', 13300,•. 765 EXHIBIT A BAYFRONT PARK LEGAL DESCRIPTION • A subdivision of the James Nagan donation (Section•. 37) township 54 South, range 42 East being more particularly described as follows: commence at the intersection of the City monument line of Biscayne Boulevard (North), and S.E. 2nd Street, Said point being approximately 99'feet easterly of the. southeast corner of block 127 .N 1st* A.L. Knowlton's map of Miami, as shown on the plat of "Block 127 N and portion of 120 N" as recorded in plat book 25 at page 75 of the public records of Dade County, Floridan thence run S 89' 59'56" E along the said city monument line of S.E. 2nd street and its easterly prolongation thereof for a distance of 30 feet to a point; sold point being the P.O.B. of the hereinafter described tract of land; thence in a northerly direction meandering along a line 30 feet easterly of and parallel with the City monument line of Biscayne Boulevard, said line being the easterly right-of-way line of said Biscayne Drive as shown on the A.L. Knowlton map of Miami as recorded in plat book "B" at page Al of'the public records of Dade County, Florida, a distance of 2715 feet more•or less to the intersection with the easterly prolongation of the northerly line of .block 61 north of said A.L. Knowlton map of Miami; thence N 89.58'8" E. along the easterly extension of said northerly line of block 61 north for a distance of 1264.84 feet more or less to a point of intersection with the U.S. Harbor line of 1939 as shown on the ,plat of Metropolitan Dade County bulkhead line as recorded in Plat. Book 74 at page 3 .....-_ '^+'AMR?�7�f1.t.1'.'r�-..i ��,��r.: rr�l .r,�I'.,•ttr ylf • ! ;33Lf1,., 765 of the publLc records of Dade County; thence run as 0' 1.5'53" W along sold 0.5. Harbor line for a distance Of 85.00 feet to a point; thence run 5 67'54'07" E along the Dade County bulkhead •line as recorded in plat book .74 at page 18: of the public redords for a distance of 747.04 feet to a point; of intersection with a line which is the northeasterly prolongation of the • existing easterly bulkhead of the Hiimarina, said bulkhead being 65.00 feet 'northwesterly of said Dade County bulkhead line(74.. 18); thence 5 27'17'27" W .long said bulkhead and its southwesterly prolongation thereof for a distance of 1519.85 feet to a point of.curvature of a curve concave to the east having a radius of 100 feet; thence southwesterly and southerly along said curve through a central angle of 27'01'34" for an arc distance of 47.17 feet to a point of tangency with the existing steel bulkhead along Biscayne Bay; thence 5 0' 15'53" W along said steel bulkhead for a distance of 363.73 feet to a point of curvature with a curve concave to the west having a radius, of 20D feet; thence southerly and southwesterly along said curve through a center angle of 33'07'23" for.pn arc distance of 1.15.62 feet to a point of reverse curvature with a curve' concave to the east having, a radius of 200 feet; thence southwesterly, southerly and southeasterly along said curve through a central angle of 66' 14'46" for .an arc distance of 231.24 feet to a point of reverae curvature with a curve concave to the west having a radius of 200 feet; thence southeasterly and southerly along said curve through a central .angle of 33'07'23" for an arc distance of 115.62 feet to a point of tangency; thence continue along said 2 / RF.0 I3300 767 existing steel bulkhead S 0' 15'53" W for a distance of. 120.35 feet to a point of intersection with the south property line of. r S.E. 2nd Street (Chopin Plaza), said lint also being the northerly property line of tract "D" of Dupont Plaza a5 recorded in plat. book 50 at page'11 of the public records of Dade County, Florida. thence N 89' 59'56" M along said northerly line of Dupont Plata and it.s westerly prolongation thereof for a distance of 804.44.teet to a point of intersection with a line that is 30' feet easterly of and parallel with the City monument line of Biscayne Boulevard (north); thence N 0'05'4B" E for e distance of 25.00 feet to the P.O.B. 3 I:3U0r,; 768 . Mtn 1h1'r rt Comoente .t the Northeast corner of Block 61 North of the A. L. KIiOVLTON MAP OF as recorded in Plat Book "B" at Pate 41 of the Public Records of Dade County, Florida;' thence run North 89°58'18" East along the Easterly prolongation of the Northerly line of Block 61.North of said A, L. KN0t.LTON MAP OF MIA.MI for a distance of 703.43 feet to. • point; thence run South 00°08'11" West. for • distance of 100.60 feet. tit a point of intersection with the Sbuth line of Port Boulevard asrecorded in Officiat.Records Book 6811 •t Page 246 of the Public Records of Dade County, Florid.; said point being the Point of Beginning of the parcel hereinafter described; thence run South 00°08'll" West for a distance of 181.09.feet to a point; thence run $outh 89°51'49" East for a distance of 23.83 felt to a point; thence run South 00°08'11" West for a distance of 41.50 feet to a point; thence run North 89°51'49" West 'for a distance of 23.83 feet to a point; thence run South 00°08'11" West for a distance of 174.50 feet to • point; thence run South 89°51'49" East for a distance of 23.83 feet to • point; thence run South 00°08'11" West for a distance of 41.50'feet to a point; thence run North 89°51'49" West for a distance of 179.58 feet to • point; thence tun South 0D°08'11" West for • distance of 25.00 feet to • point; thence run North 89°51'49" Welt for • distance of 157.27 feet to • point of intersection with • line 210 feet Easterly of and parallel with.the,City Monument line.of Biscayne Boulevard (North); thence run South 16°51'29" East along a line parallel with the City. Monument line for a distance of 57.78 feet to a point; thence continue along • line 210 feet Easterly of and parallel with the City Monument line South 09°33'21" East for a distance of 139.74 feet to.a point; thence run South 89°51'49" East for a distance of 140.96 feet to a point; thence run South 56°58'D3" East for • distance of 604.49.feet to a point; thence run South 65°50'46" Esst for . distance of 270.56 feet, more or leas, to a point of intersection with the West line of the Baywelk Ares; thence.run North 27°13'14" East along the West line of said 8syv lk Area for • distance of 148.28 feet to • point; acid point bears South 57°16'29" West and is 7'7.25 feet distant from •n U.S. Army Corps of Engineers Station BFP-1, said station being a chiseled "x" in a concrete bulkhead; thence.run South 85°27'43" East along the North line of said Bayvalk Area for • distance of 49.24 feet, more or less, to a point of intersection with a line 65.00 feet. Northwesterly of the Metropolitan Dade County Bulkhead line as recorded in Plat Book 74 at Page 18 of the Public Records of Dade County, Florida; thence run North 27°17'27" East .long said line parallel with the Metropolitan Tide County Bulkhead line for a distance of 714.32 feet to • point of intersection with the existing bulkhead of the Miamarin•'; thenca run North 40°20'40" West along said existing bulkhead for a distance of -185.10 feet to '• point of intersection in the existing bulkhead; thence run South 27°12'22" West for • distance o1 549.00 feet to a point of intersectionin the existing bulkhead; thence' run North 85°17'38" West along said bulkhead for • distance of 58.54 feet to a point of intersection in the existing bulkhead; thence tun South 49°23'58" West along said bulkhead for a distance of 86.76 feet to • point of interjection in the existing bulk- head; thence run South 04°40'46" West along said bulkhead for • distance of 85.53 feet to a point of intersection in the existing bulkhead; thence run South 27°05'27" Wtst along said bulkhead for a distance of 21.57 feet to • point of intersection in%the existing bulkhead; thence run North 85°48'03" West along said bulkhead for a distance of 26.87 feet to's point of intersection in the existing bulkhead; thence run North 65°50'46" West along said bulkhead for • distance of 61;23 feet to a point; thence run North.24°09'14" East for • distance of 52.25 feet to • point; thence run North 65°50'46" west for a distance of 60.00 feet to a point; thence run South 24°09'14" West for a distance of 52.25 feet to a point of .intersection with the existing bulkhead; thence run North 65°50'4A" West along said bulkhead for a distance of 156.00 feet to a 1Rerx Aln. C:1.3001 T69 print; thence run North 14°09'14" East for a.diatance of /52.25 feet to s point; thence run North 65°50'46",►•'est for a distance of 60.00 feet to a point; thence run South 14°09'14" West for a distance of 52.25 feet to a point of intersection with the exist— / ing bulkhead; thence tun North 65°50'46" West along said bulkhead for a distance of 49.00 feet to a point'of curvature of a curve concave to the Northeast having a radius of 139.39 feet; thence Northwesterly and Northerly'slong said curve through a central angle of 65058'57" for an arc distance of 160.52 feet to a point of tangenty;,thence continue along said existing bulkhead North 00°08'11" East for a distance of 179.08 . feet to a:point; thence run South 89°51'49" East for a distance of 52.25 feet to a point; thence run North 00°08'11" East for a distance of 60.00 feet to a point; thence run North 89°51'49" Weat•for a distance of 32.25 feet to a'point of intersec- tion with the Existing bulkhead; thence run North 00°08'I1" East along said bulkhead for a distance of 156.00.fett to i point; thence run South 89°51'49" East for a dia stance of 32.25 feet to a point; thence'run•North 00°08'll" East for a distance of 60.00 feet to a point; thence run North 89°51'49" West for a distance of 52.25 feet:' to a point of intersection with the existing bulkhead; thence run North 00°08'11" East along the said bulkhead and its Northerly projection for a distance of 176.38 feet to a point of intersection with the South line of said Port Boulevard; thence run South 8905811B" West along the South line of said Port Boulevard for a distance of 273.42 feet, tore or lest, to the Point of peginning; containing 13.0767 Acres, more or less. (Retail Parcel) Ccrhence at the intersection of the City Monument Line of B.:sCayne Boulevare (North) and T. E. 1st Street; thence run South 69059' 21" East along the Easterly extension. of the City ;:cnune-:t Line of N. E. 1st Street for a distance of 723'.50-feet to the Point of Becinnin2 of the parcel herein- after described; thence run .South 28 41'03' East. for. e distance of 106.30 feet to .a point; thence run nfN rthr61'18'57" East for 'a distance 72.5E fwalk Area; to a ointthence run North section tthe��est• line of the Bay : ;9" East along the,West line of the Baywalk Area kn.!)distance' of 147.88 feet 'to a point; thence run Northe 2r8-41'03" West for,a distance of 97.11 feet to e point; South 61-18'57" We58 for3a distance nce ofa 8 95.00efeet of71o70 ta eeth thence run. South 28 C to the Point of. Beginning. containing 0.689.Acres, more or less. (Area A-4) . 2 `ii; 13300 r 770 Commence at the intersection of the City Monument Line of BiscayneeoBoulevard (North) and N. E. 1st Street; thence run South 89 59 21 East along the. Easterly extension of •the City Monument Line of N..E. lit Street for a distance of , . 335.00 feet to the Point of -Beginning of the parcel .herein - 'after described; thence run North .00 00'39" East for e distance .of 190.00 feet to a point thence run South 89'59'I1" East for,a distance of 1.30.00,feet to a point; thence run South 00'00'39" Wes8 for a distance of 195.00 feet to a point;' thence run.North 89 59'21" West0for a distance Of 130.00.feet tc a point; thence run North 00'00'39" East for a distance of 1.t•0 feet to the Point of Beginning, containing 0.582 Acres, more or less. .(Area A-5) / 3 /