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HomeMy WebLinkAboutO-2334 - Condemnation and appropriation of property (Special)CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. 2339 AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON AUTHORIZING THE CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING OF LAND AND OTHER PROPERTY FOR THE WIDENING OF STATE AVENUE FROM APPROXIMATELY 1 1 6TH STREET NE TO APPROXIMATELY 1 36TH STREET NE WHEREAS, the City Council of the City of Marysville (hereinafter the "City") finds as follows: 1. Public safety, convenience, use and necessity demand the widening of the State Avenue right-of-way from a minimum of 60 feet to an average total width of 72 feet from approximately 116th Street NE to approximately 136th Street NE to meet the requirements of increased traffic. 2. The City has conducted engineering studies and has determined that it will be necessary to acquire property for the street widening as more specifically described in EXHIBIT "A", attached hereto and incorporated herein by this reference. 3. The entire cost of the acquisition provided by this ordinance shall be paid by the following funds of the City: Fund No. 102 (Arterial Street Fund) Fund No. 111 (Growth Management Fund) or such other funds as may be provided by law 4. The City may be unable to agree with certain property owners upon the compensation to be paid for said properties. 5. The City has authority pursuant to RCW 8.12 to acquire, if necessary, title to real property for public purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: 1. The City is hereby authorized to condemn, appropriate, take and damage the real property located adjacent to State Avenue from approximately 116th Street NE to approximately 136th Street NE as described in EXHIBIT "A" hereto. 2. The use of the property described in EXHIBIT "A" is to widen State Avenue, which is a permanent public use and is reasonably necessary for the purposes for which it is sought. 3. All lands, rights, privileges and other property lying within the limits of the land described in EXHIBIT "A" are hereby /cs/m"/state2.ord 1 condemned, appropriated, taken and damaged for the purpose of widening State Avenue. All lands, rights, privileges and other properties are to be taken, damaged and appropriated only after just compensation has been made, or paid into the court for the owners thereof in the manner provided by law. 4. The cost of the acquisition provided for by this ordinance shall be paid by the following funds of the City: Fund No. 102 (Arterial Street Fund) Fund No. 111 (Growth Management Fund) or such other funds as may be provided by law. 5. The City's attorneys should be and hereby are authorized and directed to begin and prosecute the actions and proceedings in a manner provided by law to carry out the provisions of this ordinance, and to enter into settlements to mitigate damages. 2nd day of October, 2000. PASSED by the City Council and APPROVED by the Mayor this CITY OF MARYSVILLE AT. BY Approved as to form: BY/4d/C: LA-.!.! Date of Publication: /o/ CITY ATTORNEY Effective Date (5 days after publication): /0!9/@ 2 EXHIBIT A (PAGE 1 OF 3) GWENDOLYN L. NESS - PARCEL NUMBER 0930052035 PARCEL DESCRIPTION PARCEL A: ALL THE PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9. TOWNSHIP 30 NORTH, RANGE 5 EAST; W.M.. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE WEST LINE'OF THE GREAT NORTHERN RAILWAY RIGHT-OF-WAY INTERSECTS THE EAST AND WEST QUARTER LINE OF SECTION 9. TOWNSHIP 30 NORTH, RANGE 5 EAST, W.M., AND RUNNING THENCE WEST 132 FEETTO THE TRUE POINT OF BEGINNING; THENCE CONTINUE WEST ALONG THE QUARTER LINE 239.25 FEET; THENCE NORTHERLY 660 FEET MORE OR LESS ALONG THE EASTERLY LINE OF TRACT DESCRIBED IN WARRANTY DEED RECORDED APRIL 16,1926 IN VOLUME 229 OF DEEDS ON PAGE 399, UNDER AUDITOR'S FILE NUMBER 377650, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, TO THE NORTHEAST CORNER OF SAID TRACT; THENCE EAST '156.75 FEET MORE OR LESS TO A'POINT ON A LINE 132 FEET WEST OF THE WEST LINE OF THE GREAT NORTHERN RAILWAY RIGHT-OF-WAY; THENCE SOUTHERLY 660 FEET MORE OR LESS TC! THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN 1 l€iTH STREET NORTHEAST (AKA MARSHALL ROAD). " r PARCEL B: BEGINNING AT A POINT WHERE THE WEST LINE OF THE SEAULE AND MONTANA RAILWAY RIGHT-OF-WAY INTERSECTS THE EAST AND WEST QUARTER LINE OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 5 EAST, W M ,AND RUNNING THENCE WEST 8 RODS, THENCE IN A NORTHWESTERLY DIRECTION AND PARALLEL WlTH THE SAID WEST LINE OF THE SEATTLE AND MONTANA RAILWAY ABOUT 41 RODS, MORE OR LESS TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SFCTION 9 ___ - THENCE EAST 8 RODS, THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE WEST LINE OF SAID RIGHT-OF-WAY TO THE POINT OF EGINNIIJG, EXCEPT THAT PORTION DESCRIBED AS FOLLOWS BEGINNING ATA POINT OF INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF THE GREAT NORTHERN RAILWAY AND THE EAST -WEST CENTER LINE OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 5 EAST. W M , FROM WHICH POINT A MONUMENT MARKING THE CENTER OF SAID SECTION 9 BEARS SOUTH 8Y0905 EAST A DISTANCE OF 629 32 FEET, THENCE NORTH 89"09'05" WEST ALONG THE EAST - WEST CENTERLINE OF SECTION 9 A DISTANCE OF 90 FEET MORE OR LESS TO A POINT THAT IS 30 FEET NORTHWESTERLY MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF NORTH LEG OF THE WYE CONNECTION OF THE DEPOT BRANCH TO THE GREAT NORTHERN RAILWAY, THENCE NORTHERLY PARALLEL WITH AND 30 FEET FROM THE SAID CENTER LINE ON THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 543 69 FEET, A DISTANCE OF 207 EXHIBIT A (PAGE 2 OF 3) GWENDOLYN L. NESS - PARCEL NUMBER 0930052035 FEET, MORE OR LESS TO THE POINT OF INTERSECTION OF THE SAID ARC AND THE WESTERLY RIGHT-OF-WAY LINE OF THE GREAT NORTHERN RAILWAY, THENCE SOUTH 1334'02' EAST ALONG THE SAID RIGHT OF WAY LINE A DISTANCE OF 214 FEET, MORE OR LESS TO THE POINT OF BEGINNING, EXCEPT COUNTY ROAD KNOWN AS MARSHALL ROAD PARCEL C: THE SOUTH 6 FEET OF LOTS 8 AND 9 AND THE EAST 30 FEET OF THE SOUTH 6 FEET OF LOT 10. BEDELL'S KRUSE ADDITION NO 3, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 27 OF PLATS, PAGE 80, RECORDS OF SNOHOMISH COUNTY, WASHINGTON SITUATE IN THE COUNTY OF SNOHOMISH. STATE OF WASHINGTON 1, FEE ACQUISITION THE EASTERLY 170.00 FEET OF THE ABOVE DESCRIBED PARCEL. EXCEPTING THEREFROM THE SOUTH 287.00 FEET OF SAID PARCEL CONTAINING 61,710 SQUARE FEET, MORE OR LESS. EXHIBIT A (PAGE 3 OF 3) GWENDOLYN L. NESS - PARCEL NUMBER 0930052035 INGRESS, EGRESS AND UTILITY EASEMENT THAT PART OF THE ABOVE DESCRIBED PARCEL LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING ON THE SOUTH LINE OF THE ABOVE DESCRIBED PARCEL ATA POINT WHICH BEARS NORTH 83"28'44 WEST 42 51 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL. THENCE NORTH 18'55'46 EAST 175 17 FEET TO A POINT 30 00 FEET WESTERLY OF, WHEN MEASURED PERPENDICULAR FROM, THE EAST LINE OF SAID PARCEL, THENCE, PARALLEL WITH SAID EAST LINE, NORTH 08"27'52" WEST 120 00 FEET TO THE NORTH LINE OF THE SOUTY 287 00 FEET OF SAID PARCEL AND THE END OF THIS LINE DESCRIPTION CONTAINING 10.665 SQUARE FEET. MORE OR LESS I. UTILITY EASEMENT THAT PART OF THE ABOVE DESCRIBED PARCEL LYING NORTHERLY OF TH~ FOLLOWING DESCRIBED LINE BEGINNING ON THE WEST LINE OF THE ABOVE DESCRIBED PARCEL AT A POINT 15 00 FEET SOUTHERLY OF, WHEN MEASURED PERPENDICULAR FROM, THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 9, THENCE EASTERLY, PARALLEL WITH SAID NORTH LINE, TO THE WEST LINE OF THE EASTERLY 170 00 FEET OF THE ABOVE DESCRIBED PARCEL AND THE END OF THIS LINE DESCRIPTION CONTAINING 2,744 SQUARE FEET, MORE OR LESS ~.. .- .~ ...~ .... . .. .~.. . .. . ,. .. 'I, is', ',1 i. EXHIBIT A WASHINGTON CREDIT UNION - PARCEL NUMBER 0930053032 PARCEL DESCRIPTION LOT 3, AS DEPICTED ON THAT CERTAIN BINDING SITE PLAN RECORDED UNDER AUDITORS FILE NUMBER 9605105002, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9. TOWNSHIP 30 NORTH, RANGE 5 EAST W M ; EXCEPT THAT PORTION CONVEYED TO THE CITY OF MARYSVILLE BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 971 1030663. RECORDS OF SNOHOMISH COUNTY, WASHINGTON SITUATED IN THE COUNTY OF SNOHOMISH, ST.4TE OF WASHINGTON CONSTRUCTION EASEMENT THE WEST 10.00 FEET OF THE ABOVE DESCRIBED PARCEL, THE EAST LINE THEREOF IS INTENDELI TO BE A STRAIGHT LINE. CONTAINING 1.430 SQUARE FEET, MORE OR LESS ................ - .. .......... ............... .. ... .. .... ,., .~. ... EXHIBIT A (PAGE 1 OF 2) WILLOWS HOLDINGS, L.L.C. - PARCEL NUMBER 0430053002 PARCEL D ESC RI PTI 0 N PARCEL A: THE SOUTH 655 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 4. TOWNSHIP 30 NORTH, RANGE 5 EAST, W M , LYING EAST OF OLD HIGHWAY 99 AND WEST OF THE NORTHERN PACIFIC RAILROAD RIGHT-OF-WAY, EXCEPT THE NORTH 30 FEET THEREOF AND LESS THE SOUTH 60 FEET THEREOF CONVEYED TO SNOHOMISH COUNTY FOR 128" STREET N E BY DEED RECORDED UNDER AUDITOR'S FILE NO 1873895. SITUATED IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON ALSO LESS THE WEST 20 00 FEET THEREOF CONVEYED TO THE COUNTY OF SNOHOMISH. STATE OF WASHINGTON, FOR A PUBLIC ROAD AND HIGHWAY FOUND UNDER AUDITOR'S FILE NO 8005210078. RECORDS OF SAID COUNTY SUBJECT TO AND TOGETHER WITH EASEMENTS, RESERVATIONS, RESTRICTIONS AND COVENANTS OF RECORD. FEE ACQUISITION THAT PART OF THE ABOVE DESCRIBED PARCEL DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL, THENCE, ALONG THE SOUTH LINE OF SAID PARCEL, NORTH 85"1941"WEST404 41 FEET, THENCE NORTH 04"4019 EAST 330 00 FEET, THENCE, PARALLEL WITH SAID SOUTH LINE, SOUTH 85'1941" EAST 541 36 FEET TO THE WEST LINE OF SAID PARCEL AND A POINT ON A NON-TANGENT CURVE THE RADIUS POINT OF WHICH BEARS, SOUTH 61"Ol'OY EAST 5779 58 FEET, THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 357 35 FEET TO THE POINT OF BEGINNING CONTAINING 155,395 SQUARE FEET, MORE OR LESS EXHIBIT A (FAGE 2 OF 2) WILLOWS HOLDINGS, L.L.C. - PARCEL NUMBER 0430053002 UTILITY EASEMENT THE SOUTH 10.00 FEET OF THAT PART OF THE ABOVE DESCRIBED PARCEL LYING WESTERLY OF THE ABOVE DESCRIBED FEE ACQUISITION PARCEL. CONTAINING 4,266 SQUARE FEET, MORE OR LESS .. -~ . ...... .................. ...... .... ,. .. ,., .< ......... ... I, ;!I 3:: I:. \'I: j ,:: Ti. .L,. .. .................. ... I EXHIBIT A PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY PARCEL NUMBER 0930052012 PARCEL DESCRIPTION ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9. TOWNSHIP 30 NORTH, RANGE 5 EAST, W.M.. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTH 21 11.5 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN TRACT CONVEYED TO C.L. SCHARFF AND DOROTHY.SCHARFF. HIS WIFE, BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 856679; THENCE WESTERLY 577 FEET TO THE EAST LINE OF THE PACIFIC HIGHWAY, THE TRUE POINT OF BEGINNING 0; THIS DESCRIPTION; THENCE SOUTHEASTERLY ALONG THE EAST LINE OF THE PACIFIC HIGHWAY 200 FEET; THENCE EASTERLY PARALLEL TO THE SOUTH CINE OF SAID SOUTHEAST QUARTER OF THE NORHWEST QUARTER 200 FEET; THENCE NORTHWESTERLY PARALLEL TO THE EAST LINE OF PACIFIC HIGHWAY 200 FEET MORE OR LESS TO A POINT 200 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST TO THE POINT OF BEGINNING. SITUATED IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. RIGHT-OF-WAY ACQUISITION THE WEST 15.00 FEET OF THE ABOVE DESCRIBED PARCEL. CONTAINING 3,000 SQUARE FEET, MORE OR LESS EXHIBIT A KATHY J. MCINTOSH & KIMBERLY J. HAWKINS PARCEL NUMBER 0930052034 PARCEL DESCRIPTION THE WEST 2 FEET OF B.A.A.P. 742.5 FEET WEST OF P.T.. WHERE WEST RIGHT-OF-WAY LINE OF THE SEAULE, MONTANA RAILROAD INTERSECTS EAST AND WEST ONE-QUARTER SECTION LINE; THENCE WEST 200 FEET; THENCE NORTH 653.41 FEET; THENCE EAST 200.01 FEET; THENCE.SOUTH 653.05 FEET TO THE POINT OF BEGINNING IN SECTION 9. TOWNSHIP 30, NORTH, RANGE 5 EAST, WESTM, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH. STATE OF WASHINGTON. UTILITY EASEMENT THE NORTH 15.00 FEET OF THE ABOVE DESCRIBED PARCEL. CONTAINING 30 SQUARE FEET, MORE OR LESS. I. ~ .... ~ . . . . I .. . ,-% .~. EXHIBIT A SALLY Y. OKADA - PARCEL NUMBER 0930052033 PARCEL DESCRIPTION BEGINNING AT A POINT 742 5 FEET WEST OF THE POINT WHERE WEST RIGHT OF WAY LINE OF SEAlTLE 8 MONTANA RAILROAD COMPANY INTERSECTS EAST AND WEST QUARTER CINE OF SECTION 9. TOWNSHIP 30 NORTH, RANGE 5 EAST, W MI THENCE WEST 200 FEET, THENCE NORTH 653 41 FEET, THENCE EAST 200 1 FEET, THENCE SOUTH 653 05 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THE WEST 2 FEET THEREOF, AND EXCEPT THAT PORTION LYING IN 116TH STREET NORTHEAST SITUATE IN THE COUNTY OF SNOHOMISH. STATE OF WASHINGTON UTILITY EASEMENT THE NORTH 15 00 FEET OF THE ABOVE DESCRIBED PARCEL CONTAINING 2,966 SQUARE FEET, MORE OR LESS I EXHIBIT A CLIFFORD H. & NORMA N. E. SANDS PARCEL NUMBER 0930052037 PARCEL DESCRIPTION ALL THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 9. TOWNSHIP 30 NORTH, RANGE 5 EAST, W.M.. DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 9 TOWNSHIP 30 NORTH, RANGE 5 EAST, W.M., AND THE WEST LINE OF THE GREAT NORTHERN RAILWAY RIGHT OF WAY; THENCE WEST 571.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WEST 171.25 FEET; THENCE NORTH 660 FEET; THENCE EAST 198.75 FEET; THENCE .SOUTHWESTERLY TO POINT OF BEGINNING; EXCEPT ROADS. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. " r UTILITY EASEMENT THE NORTH 15.00 FEET OF THE ABOVE DESCRIBED PARCEL CONTAINING 2,568 SQUARE FEET, MORE OR LESS. ... .......... ........ . . . -~.. - - . .. .~ .< .... EXHIBIT A CHARLES H. & JACQULYN R. MATZ PARCEL NUMBER 0930052039 PARCEL DESCRIPTION THE EAST 200 FEET AS MEASURED ALONG THE SOUTH LINE AND THE EAST 90 FEET, AS MEASURED ALONG THE NORTH LINE OF THE FOLLOWING DESCRIBED TRACT BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 5 EAST, WM, IN SNOHOMISH COUNTY WASHINGTON AND THE WEST LINE OF THE GREAT NORTHERN RA!LWAY RIGHT OF WAY AND RUNNING, THENCE WEST 22 5 RODS TO THE TRUE POINT OF BEGINNING, THENCE WEST 22 5 RODS, THENCE NORTH 40 RODS, THENCE EAST 17 5 RODS, THENCE SOUTHERLY TO THE TRUE POINT OF BEGINNING. EXCEPT THE EAST 100 FEET OF THE SOUTH 218 FEET THEREOF AS MEASURED ALONG AND PARALLEL TO THE SOUTH AND EAST LINES, EXCEPT ROADS SITUATE IN THE COUNTY OF SNOHOMISH. STATE OF WASHIN~TON UTILITY EASEMENT THE NORTH 15.00 FEET OF THE ABOVE DESCRIBED PARCEL. CONTAINING 1,367 SQUARE FEET, MORE OR LESS , .......... .. ................. ........ I. ... ;.l .~ EXHIBIT A THOMAS R. 8 SHARON L. BRITZ, TERRY R. BRIT2 & GEORGE E. SMITH PARCEL NUMBER 0930052032 PARCEL DESCRIPTION ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 5 EAST, WM, IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT A POINT WHERE THE WESTERLY RIGHT-OF-WAY LINE OF THE SEATTLE AND MONTANA RAILWAY INTERSECTS THE EAST AND WEST QUARTER LINE OF SAID SECTION 9, THENCE NORTH 89"Ol'OO WEST ALONG SAID EAST AND WEST QUARTER LINE FOR 942 5 FEET. THE fRUE POINT OF BEGINNING, THENCE CONTINUE NORTH 89"Ol'OO WEST FOR 266 50 FEET. THENCE NORTH o"11'00 WEST FOR 653 90 FEET THENCE SOUTH 88'5442" EAST FOR ~$6.51 FEET; THENCE SOUTH o"11'0o EAST FOR 653.41 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THEREFROM THAT PORTION LYING WITHIN MARSHALL ROAD (116TH STREET NORTHEAST); SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON UTILITY EASEMENT THE NORTH 15.00FEET OF THE ABOVE DESCRIBED PARCEL. CONTAINING 3.998 SQUARE FEET, MORE OR LESS. EXHIBIT A WASHINGTON CREDIT UNION - PARCEL NUMBER 0930053032 PARCEL DESCRIPTION LOT 3, AS DEPICTED ON THAT CERTAIN BINDING SITE PLAN RECORDED UNDER AUDITOR'S FILE NUMBER 9605105002. RECORDS OF SNOHOMISH COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 5 EAST W.M.; EXCEPT THAT PORTION CONVEYED TO THE CITY OF MARYSVILLE BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 971 1030663. RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SITUATED IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. RIGHT-OF-WAY ACQUISITION THAT PORTION OF THE ABOVE DESCRIBED PARCEL DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF THE ABOVE DESCRIBED PARCEL AT A'POINT WHICH BEARS NORTH 08"28'19 WEST 83.00 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL; THENCE, ALONG A TANGENT CURVE TO THE RIGHT THE RADIUS POINT OF WHICH BEARS NORTH 81931'41" EAST 35.00.FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 44"24'55" AN ARC DISTANCE OF 27.13 FEET; THENCE, PARALLEL WITH SAID WEST LINE, NORTH 08'2819 WEST 10.00 FEET: THENCE SOUTH 81"31'41" WEST 10.00 FEET TO SAID WEST LINE; THENCE, ALONG SAID WEST LINE, SOUTH 08"2619 EAST 34.50 FEET TO THE POINT OF BEGINNING. CONTAINING 176 SQUARE FEET, MORE OR LESS CONSTRUCTION EASEMENT THE WEST 10.00 FEET OF THE ABOVE DESCRIBED PARCEL, THE EAST LINE THEREOF IS INTENDED TO BE A STRAIGHT LINE. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE ABOVE DESCRIBED RIGHT OF WAY ACQUISITION. CONTAINING 1,259 SQUARE FEET, MORE OR LESS.