Loading...
HomeMy WebLinkAbout2011-106GPrepared by, record and return to: Office of the County Attorney 180127"' St., Vero Beach, FL 32960 Telephone: 772.226.1424 PARKING LICENSE AGREEMENT ?157033 THjS DOCUMENT HAS BEEN F LCORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK. 2517 PG:568, Pagel of 14 08/11/2011 at 02:55 PM, JEFFREY K BARTON, CLERK OF COURT 1.011 104.& 5.3.11 116.1 THIS AGREEMENT is entered into as of the 1st day of June, 2011 by and between Indian River County, a political subdivision of the State of Florida ("County"), and the City of Vero Beach, a municipal corporation organized under the laws of the State of Florida ("City"). WHEREAS, City owns, or will own through transactions completed simultaneously with the execution of this Agreement, certain parcels of real property located in the vicinity of the Dodgertown Facility; and WHEREAS, City is willing to provide a license to County to use such parcels of real property for parking related to the Dodgertown Facility, as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Definitions. The following terms shall have the following meanings: a. License Area A shall mean real property consisting of approximately 10.38 acres located immediately west of Holman Stadium, more fully described on Exhibit A attached hereto; b. License Area B shall mean real property consisting of approximately 3.3 acres located north of 20h Street and north of License Area A, more fully described on Exhibit A attached hereto; C. License Area C shall mean real property consisting of approximately 4.6 acres located north of 26`h Street and east of License Area B, more fully described on Exhibit A attached hereto; d. License Area shall mean one or more of License Area A, License Area B or License Area C, and License Areas shall mean collectively License Area A, License Area B and License Area C; Page 1 of 5 e. Cloverleaf Property_shall mean the real property consisting of approximately 11.93 acres located south of Holman Stadium, more fully described on Exhibit B attached hereto; L Dodgertown Facility shall mean collectively the real property owned by County, including facilities and improvements thereon, consisting of the Cloverleaf Property and the property more fully described on Exhibit C attached hereto; g. Dodgertown Tenant shall mean any party to whom County leases (from time to time) all or a portion of the Dodgertown Facility. The parties acknowledge that the current Dodgertown Tenant is MiLB Vero Beach, LLC, a Florida limited liability company; and h. Dodgertown Events shall mean any and all events and activities held on the premises of the Dodgertown Facility including, without limitation, sports and non - sports related events and activities, meetings and conferences, whether such events and activities are conducted by County, Dodgertown Tenant or any third party using all or a portion of the Dodgertown Facility with the consent of County or Dodgertown Tenant. 3. Parkins License. City hereby grants to County and Dodgertown Tenant and County's other assignees (a) a license to use License Area A for general parking in connection with Dodgertown Events, and (b) a secondary license to use License Area B and License Area C for general parking in connection with Dodgertown Events, in the event that (i) License Area A is unavailable for a particular event (see paragraph 4 below), or (ii) the license to use License Area A is revoked by City. County shall have the right to use the License Areas up to twenty (20) days per calendar year. Dodgertown Tenant shall have the right to use the License Areas to the same extent as County, except that Dodgertown Tenant's use shall not be restricted with respect to the number of days per calendar year, however, Dodgertown Tenant shall coordinate with and provide City a schedule for anticipated use of the License Areas and keep City advised of any changes to such schedule. 4. Notice of Use. County shall provide reasonable notice of its intent to use a License Area on one or more dates specified in the notice. Within 10 days of receipt of such notice, City shall advise County of any conflict with a planned City use of the License area on the same date(s) which is incompatible with County's proposed use. If City does not advise County of a conflict within the 10 day period, County may utilize the License Area for parking as set forth in the notice. In the event of a conflict, the parties shall attempt in good faith to reconcile the conflict in a manner which accommodates the interests of both parties. If such accommodation is not possible, County may utilize another available License Area for parking. 5. Use of License Area B or License Area C. Whenever County uses License Area B or License Area C, County shall comply with the following additional requirements of the Federal Aviation Administration: County shall not interfere with airport operations surrounding roadways, or airport tenant operations; County must use the License Area in a safe and efficient manner; and County shall not enter the secured airfield or otherwise interfere with airport Page 2 of 5 operations. County understands that there are substantial federal fines for violations of federal laws and regulations applicable to airport facility access and use. 6. Insurance. County shall, at all times during the term hereof, carry commercial general liability insurance against personal injury and property damage with a company authorized to do business in the State of Florida and satisfactory to City, protecting City against any and all claims for damages to persons or property as a result of or arising out of the use and maintenance by County of the License Areas. County shall provide a certificate of insurance stating that City is an additional insured, and confirming limits of coverage not less than $500,000 per occurrence combined single limit for Bodily Injury Liability and property Damage Liability. County shall supply written proof of insurance to City within fifteen (15) days of the date this Agreement is executed, and shall continue to supply such proof to City for each term such insurance coverage is renewed. 7. Indemnification. To the extent permitted by law, County agrees to indemnify and hold harmless City, including, without limitation, its council members, officers, employees and agents, from and against all claims for damages, liabilities, costs and expenses arising out of or relating to the use of one or more License Areas by County, Dodgertown Tenant or County's other assignees; and City agrees to indemnify and hold harmless County, including, without limitation, its commissioners, officers, employees and agents, from and against all claims for damages, liabilities, costs and expenses arising out of or relating to the use of one or more License Areas by City or City's assignees; provided, however, that nothing herein shall be construed as a waiver of the County's or the City's sovereign immunity pursuant to section 768.28, Florida Statutes. 8. Clean Up After Use. After each use of a License Area, County shall leave the property in substantially the same condition that it was prior to such use. 9. Term. The term of this Agreement shall be indefinite until the earlier to occur of the following: (a) the revocation of all licenses for License Area A, License Area B and License Area C, or (b) the permanent use of the Dodgertown Facility for a purpose other than sports, recreation or entertainment related activities. 10. Revocation of License. Each license granted herein shall be revocable by City in the event that each of the following occurs with respect to the real property underlying such license: (a) the City decides in good faith to use the underlying real property for a purpose incompatible with continued parking, (b) in reaching such decision, the City gives due consideration to the fact that (i) the City owns other properties in the same general area which may be suitable for such incompatible use, (ii) continued use of the License Area for general parking provides an important and valuable benefit to County, and (iii) that the City Council determines in good faith that the advantages of locating the incompatible use on a License Area outweigh the advantages to locating the incompatible use on other property owned by the City, and (c) City actually uses the License Area for the incompatible use. 11. Remedies. In the event of breach of this Agreement by either party, the non - breaching party shall be entitled to all remedies available in law or in equity. Page 3 of 5 i 12. Litigation. In the event of any litigation relating to or arising out of this Agreement, each party shall be responsible for and shall bear its own attorney's fees and court costs, including such fees and costs incurred at the trial and appellate level of such proceedings. 13. Amendment. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. 14. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the parties. No prior agreement or understanding shall be binding between the parties unless set forth herein. 15. Governing Law. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 16. Further Assurances. County and City shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. 17. Severability. In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. 18. Non -Assignment. This Agreement shall not be assignable by either party, except that City may assign this Agreement to any party acquiring ownership of a License Area (but only to the extent of such License Area), and County may assign this Agreement to any party acquiring ownership, right of possession or other right to use of all or a substantial portion of the Dodgertown Facility. 19. Recordation. A copy of this Agreement shall be recorded on the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names as of the date set forth above. ATTEST: Jeffrey K. Barton, Clerk of Court :A AFFIX SEAL: BOARD OF COUNTY COMMISSIONERS, TNBIAN RIVER COUNTY (��County") Bob Solari, Chairman Page 4 of 5 Approved by BCC: May 3, 2011. Approved as to form and legal sufficiency: By: CCv� Alan S. Pol ich :, oun Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH ("City") Sign: Jay mer, Mayor Approved as to form and legal sufficiency MA The foregoing instrument was acknowledged before me this 46)- - day of , 2011, by JAY KRAMER, as Mayor, and attested by TAMMY K. VOCK, as C' Clerk of the City of Vero Beach, Florida. They are both known to me and did not take an oat . NOTARY PUNC, State of Florida ��// Sign: Print: State of Florida [SEAL] Commission No: Commission Expires: i GAROL A. GEROW #DD7 � ., nr, Page 5 of 5 Property Description -Dodgertbwn (#2070 -LA -0143) November 9, 3010 EXH181T "A" PROPERTY DESCRIPTION .LICENSE TO USE CITY PROPERTY k0110.1 -A-01143 PORTIONS OF DODGERTOWN, DOMERTOWN PARCEL 2A, AIRPORT PARCEL 19.AND AIRPORT PARCEL 17 Situated in the State of Florida; County of Indian -River,' City of Vero Beach, and.being a. part of Section 3, Township 33 South, Range 39 East and Section 34, Township 32 South, Range 39 East and being more particularly bounded and described as.follows: License Area "A": Commencing, at the Northwest corner of Section 3, Townshp 33 South,-Rahge 39$.Fast Thence South 00°00'47" West along the West line of said Section 3 for distance of 30.00 feet; Thence South 89°45139" East and parallel with the north line of said Section 3 for a distance of 76.00 feet to a point on the South right-of-way of the Indian River Farms Water Control District Canal A-3; Thence continue South .89°45'39" East along said South right-of-way for a. distance of 288.78 feet to the Northwest corner of Dodgertown Parcel 2A (also known as "A Portion of Dodgeitown Parcel 2") in Official Record Book 1758,.r4ge 523 of the Public Records of Indian River County, Florida), said point also being., the Point of. Beginning of the following described License Area 'A"; Thence from the Point of Beginning continue South 89045'39" East along said South right- of-way for a distance of 506.21 feet to the Northeast comer -of the 10.38 acre parcel deeded to the City of Vero Beach by Indian River. County; Thence South 03°32'27" West along the East line of the said 10.38 acre parcel for a distance of 582.12 feet; Thence South 00°14'21° West along the East line of the said 10.38 acre parcel for a distance of 360.85 feet to the Southeast comer of said 10.38 acre parcel; Thence North 89°45'39" West along said South line of said 10.38 acre parcel for a dlstance of 437.6.9 feet to the Southwest comer of said parcel; Thence North 00`14'21" East for a distance of 85.00 feet; Thence North 89°45'39" West for a distance of 35.00 feet; Thence North 00°14'21" East along the West line of the said 10.38 acre parcel for a distance of 857.00 feet to the Point of Beginning; Said Parcel containing 452,042 square feet or 10.38 acres. Sheet 1 of 6 Property Description Dodgertown .020'fO=LXOI43) Novembet 9, 2010 License Area "B": Commencing at the Southwest corner of Section 34, Township 32 South, Range 39 East; Thence South 89°45'39" East along the South line of Section 34 for a distance, of 668.80 feet•to a point; Thence North 00°14'21" -East for a distance of 60.00 feet to a point on the north right-of-way of 261' Street (also known as Walker Avenue), said point being the Point of Beginning of Parsel.19; Thence North 35°54'04'° East for a distance•of 306.67 feet; Thence North 89051'01" East for a distance of 596:87 feet; Thence South 01918'03 West for a distance of 102:59 feet to a point on the North right-of- way of Aviation Boulevard; Thence South 6304616" West along said North* right -of way for a distance of 114.40 feet to the beginning of a curve concave to the Northwest; Thence Southwesterly along said curve, having a radius of 950 feet and a delta of 26°30'14" for an arc length of 439.45 feet to the Point of Tangency; Thence continue'North 89045'390 West along said North right-of-way of 261' Street for a distance of 247.44 feet to the Point of Beginning;• Containing 145,235 square feet more or less. Sheet 2 of 6 r Property. Description Dodgeltown T#2010 -LA -M43) November 9, 2010 ' Llcense.Area "C": Commencing at the Southwest corner of Section 34, Township 32'Soutii, Range 39 East; Thence South 89°45'39" East along the South line of Section 34 for a distance of 1,583.90 feet to a point; Thence North 00014'21" East for a distance of 281,11 feet to apoint on the North right-of- way of 26th Street (also known as Aviation Boulevard), said point being the Point of Beginning of Parcel 17; Thence North 01 °16'03" East'for a distance of 425.17 feet to. a point; Thence North 37049'54" East for a distance of 107.87 feet to a point; .Thence North 76019'43" East for a distance of 114.. 11 feet to a point; Thence South 6904329: East for a. distance of 648.82 feet -to a point on the No-rth right of way of said Aviation Boulevard, said point also being on a curve concave to the Southeast; Thence Southwesterly along said ctarve, having a radius of 1,050 feet. and a delta of 21 ° 15'05" for an arc length of 389.45 feet to -the Point of .Tangency, said point being on the North right-of-way of Aviation Boulevard; Thence continue South 63°45'16' West along said North right-of-way of Aviation Boulevard for a distance of 470.66 feet to the Point of Beginning; Containing 203,914 square feet more or less. David R. Gay, SAProperty Descriptions1201012610-LA-0143 Dbdgertown Portions & 2A Nov 9 2010.doe Sheet 3 of 6 1GP�� E • 0 ,o��� O '� �► Z o IWNWO' 39WNIWNa I --�—---------------------T-----ice ........ J,7 l N W I'{ 1 •, b , s I En Q Yb !a� �, ,�'�• W • ., Ali., n,. • o CD y CO g w'� W w m� Y 1 iIn Qa O _I Q Jb� N M N U 1 4 Z 93N ~ a ~ Om r Z? 0 0 Y Q T Z N o W I F IF J N N Z f M„LZ,ZS.SOS ,58'095. M„ tZ,k.boS I OZ rOBJ - — — aCr LL Q �I m �\¢ Z� .0 U N M W W z O N §< W it J . I c- Z O ♦N p1 Q. W I!M N Z Q U >TS M O Ol Q U < O 1 Y f'o q Z`� o rom tr U _O 1 3 N ►- \ I O q iF 0 m 4 ��j o Z 0 LLJ 3 w IZ N\w d O v1L 00 O N \a opo rn z �\ tl O 'O I is M O to Z M LL I—• W N 1 'N. ULLI 0 -10 U = O I 00'L58. U Z o F- a I I s LLJ cq g 3JZJ L.00N oc W `Lp W •(, C) q N J d I I0 W D �' N a A W U C g � m 4 M^ 3 c� a s m I- I� LO N M _4 CID f - O °o I” I° � 0 0 f— '� x' 0 0 PO 00 in Lu <n Hy $ 0o f Z r, oo o a aMo Y y -- -- f-- -- -- -- __ = O _ U � I - - sr-[T-ro ami aouoas is3M Q3fNT ro►�aisv O3V Z J. Lli 7:ln Z > l � LLJ Z > F O Z tY. I 0 >- W D I msI bi bl I 0 U z azZU Q a.. z W fl J , Q \ I DO C VI N IVNVO 30VNIV�Rl -a• 20 \ 6�• Jai I U LL � I 19Z01 \ I J Q M„> ,91. tOS \ O . \� -� � �r Q :nom N I L,LJ \ I co CI vJ \�1 C, a a o I \� J M LLJ W\N LL nin nln I F- ~ C) O W U F -\(o. W IL N a\dui r:, I zI= I ? I a o 0 40 W U ul�i IX 'u"i p WIrQ Z Q a �I� 1 In 0- U Z F gig1. �W a W U O I I I � a / � • w I .� \ .Eo \ E I W dN I N 'd•.p �N z. Z .orSl I \ zt I V) _ W .I W U �. n 1 �\ 1 z� U Z O to •W m J z Z co O ;� a cr 0 I Z Z n a tW U LL- W li }. W n ti P In�O O O LL-W 1-- If Cn U- 1. jig i L- n I I W 1 Z Z >- Q D Z �' d L 0 2� J J F In Z .Z U- o 0 0 IJOADj Jn s ' is % yds %�!d 3? r Al U a a• gm v. I d � \ L l' L9Z IVNb'O 3�`dNIb210 �\ --_J- •\ 3.tZJlLOON---� \\ I 1• h \ I y 1 II_ 9,zoi� \\ I F- I JWm I M„£0,9'1. LOS_\ \ 1 U y�l \\ I Eve\ 1 I p, z C=9 1 Q 1 \ \ I d Q L 1 u� 1 `4 O J N (J C7 1 �_ m 1''I \1 \\ W 0 Q Q 1 �I In W I u V),� d 1� W N` �II M Q - I � � N 1h M A a p� .- I Z V] Q v1 011 T n 0 1 1 a (n 1. �•� Ina I ' ,� �il � M ral Z O ? ai 0. w � d N N 0 M W d D. J M W X1-0.0 W�aF- a W 0. U D of (n a_00LL LL 0- 0 O Of w Q OZ U W F- W U crO N J a V) Y Of = O U < U Z W 0 M --1 M _V) O > > O LL. LLJ O I"� F-- Of _5 U) U E' . O t O } Q n Z S N 5 w n \ L l' L9Z IVNb'O 3�`dNIb210 �\ --_J- •\ 3.tZJlLOON---� \\ I 1• h \ I y 1 II_ 9,zoi� \\ I F- I JWm I M„£0,9'1. LOS_\ \ 1 U y�l \\ I Eve\ 1 I p, z C=9 1 Q 1 \ \ I d Q L 1 u� 1 `4 O J N (J C7 1 �_ m 1''I \1 \\ W 0 Q Q 1 �I In W I u V),� d 1� W N` �II M Q - I � � N 1h M A a p� .- I Z V] Q v1 011 T n 0 1 1 a (n 1. �•� Ina I ' ,� �il � M ral Z O ? ai 0. w � d N N 0 M W d D. J M W X1-0.0 W�aF- a W 0. U D of (n a_00LL LL 0- 0 O Of w Q OZ U W F- W U crO N J a V) Y Of = O U < U Z W 0 M --1 M _V) O > > O LL. LLJ O I"� F-- Of _5 U) U E' . O _ 'Proper ty Descr(pfon Oodgerlown (#2010-10) November'8, 2010 EXHIB)T «B„ PROPERTY DESCRIPTION PORTIONS OF D0DGERTOWN AND pODGEhTOWN PARCEL 3-A Situated tn. the State of Florida, County of Indian River, City of Vero Beach, and being a part of Section 3; Township 33 South, Range 39 East. and being more particularly bounded and described as follows: - Commencing at the Northwest corner of Section 3, Township 33 South, Range 39 East; Thence South 0000'47" West along the West line .of said Section 3 for a distance of 887.01 feet; Thence South 89'45'39" East for a distance of 50:00 feet to a point on the East right -of --way of 43'd Avenue said point also being the Northwest corner of Dodgertown Parcel 3A as described -4n Official.Record Book 1961, Page 968 of the Public Records of Indian River County, Florida;- . Thence South 890.4539" East along the North line of said Parcel 3A for a distance of '345.39.feet; Thence South 00014'21" West for a distanco of 85.00 to a point on the North line of said Parcel 3A; Thence continue South 89°45'39" East along the Noah,. line of said Parcel 3A for* a distance of 437.6a feet to the Point of Beginning; Thence from the Point of Beginning continue South 89°45'39" East along the North fine of said Parcel 3A for a distance of'468.25 feet to the Northeast corner of Parcel 3A; Thence South 63053'04" East fora distance of 326.67 feet to a point on the East line of Dodgertown Parcel 3A; Thence South 18015'41" East along said East line of Parcel 3A for a distance of 386.49 feet to the Southeast corner of said Parcel 3A; Thence South 69622'53" West. for a distance of 898.97 feet;. Thence North 02050'.58" West for a distance of 830.37 feet to the Point of Beginning; Said Parcel containing 519,743 square feet or 11.93 acres. Said parcel shall be subject to stormwater easements for the 43`d Avenue improvement projects as required. �--, David R. Gay, PSM S:\Property.DescApflonsk2OlO\2010-20—Dodgertown Portions & 3A—Nov 8 2010.doc Sheett-1 of 2. and Aviation Boulevard IVA 0 �=r . 0:0r I o \ S4 ••�0�. �A ' -•--tee,;-.�„ GS N� a W pN 1 En the05 a N N `V tL k' �----....--.—.--------•_�---.ice' '� � '� • 1V W3 WVWOO' i 2 \� \ Z p X F- 0 > jLLJ,.,. 4 M ~ W 0Uca O Af g rn ` O W Z. CL a p "Vic 02'5058"W OLL Q W U 830.37 a (r1 S W U Y Q v N rn i > c O LI - a° IL gbi ,�� °°• sr m fn W rJ y�3 g _ n NLd C. O D Q g+W M O CO W J V1 io gee --- — --- — -- — — - — — --- -- — — —Z cY a 3n TI 01 lri 7 I M"L1,00.00S - - - - - - - - - - - - - - - - - - -.i3r unzatoa icm rr-,s-w _ CA LLJ I:L — ----- — --- — -- W COZ ~ - Q prd W C1 EXH1131T "C" A PARCEL OF LAND LYING E f r IN CTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, tr INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: C(?NMNCWG AT THE NORTHEAST CORNER OF SECTION. 3, TOWNSHIP 33 SOUTH, RANGE 39 FAST, PROCEED NORTH 89°45'39" WEST, A DISTANCE OF•1997.62 FEET TO A POINT; THENCE SOUTH 04°15'11" WEST, A.D.ISTANCE OF 30.07 FEET T'0 A POINT ON WESTERLY IUCHr-QI-W-AY.LDW OF.AMO.RT DRI E ( A 3'40�A MqU. B , A 90 FOOT RIGHT-OF-WAY) SAID POINT BEING THE POINT OF Bi3GIl0IN(j; T'AF3NCE CONTRgUE ALONG SAID WESTFaLY'RIGHT-OF-WAY LINE SOUTH 10036'49" WEST, A :DISTANCE OF 37.55 FE$T TO TBE PQLNT OF CURVATURE, OF A TANGENT CURVE, CONCAVE TOTHE WEST, RAVING A RADIUS. OF 1125.1 FEET ANDA CENTRAL; ANGLE - OF 09030'08"; THENCE SOUTH ALONG.SAIt3'CURVE, ADISTANCE OF 1.86;60 FEST; THENCE SOUTH 20°06'57" WEST,. A DISTANCE OF 82.11 FEET TO TBE POINT OF CURVATURE OFA TANGENT CURVE, CONCAVE TO THE EAST, I AVIN4ARADIiIS OF 1826:86 FEET AND A CENTRAL ANGLE OF 19°54'25'; T119NCE SOUTH -ALONG SAID CURVE; ADISTANCE OF.634.38 FEET; THENCE SOUTS00°12'32" WEST, ADISTANCBOF 55.06 FEET TO A POINT ON THE NORTHRIGHT�OF-WAY LINE - OF INDIAN grM FARMS DRAINAGE DISTRICT MAIN �CANAL' (300 FOOT .RIGHT.OF•WAY); THENCE ALONG SAID NORTBERLY RIGHT-OF-WAYLLNE SOUTH.69°2.2'53" WEST, .A DISTANCE OF 482.50 FEET; THENCE NORTH 15°50'35" WEST, A DISTANCE OF 50. I' FEET TO A POINT 50.00 FEET NOR.TH.OF AFORBSAID MAIN CANAL N0RTH RTG HT -OF -WAY LINE; TI3 &CE SOUTH 69°22'53" NEST ALONG SAID LINGPAR d r.L E .AN 50;00FEETNflRTTI. OF SAID 'MAIN MAIN -CANAL NORTH RIGHT OF WAYLRIM A'DISTANCE OF 1001.21 FEET; THENCE- NORTH 18015'26" WEST, A DISTANCE OF 386.46 FEET; TT ENCE NORTH 63453'04" WEST, A DISTANCE OF 476.06 FEET; -THENCE $QRTH 8904519" WEST, A DISTAXCE OF 414.56 FEET; THENCE NORTH 00°14'21'" EAST, A DISTANCE OF S'76,82 FEET TO A POINT 30-00 FEET SOUTHkEtLY OF THE NORTH LINE OF SECTION 31, TOWNSHIP 33 SOUTH, RANG$ 39 EAST; THENCE SOUTH 89°45'391v'EASTALONGA LINE BEING 30:00 FEET. SOUTHERLY: OF AND PARALLEL WITH SAID.` SECTION LINE, A ,DISTANCE OF 2557.93 FEET TO THE POINT OF BEGINNING.