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HomeMy WebLinkAboutAgr 2012-02-09 (Barbara Z. Abrams)ao I a_oooc3c38 1 Recorded Official Records County of Sarin RL-11HARD N. BENSON' County Clerk 01:29PM 15-Feb-2012 REC FEE 0.00 a nave 1 of 15 AP# 059-151-40 and 059-151-41 No Fee. This document is for the benefit of the Town of Tiburon Recording Requested, Return to: TOWN OF TIBURON ATTN: DIRECTOR OF COMMUNITY DEVELOPMENT 1505 TIBURON BOULEVARD TIBURON, CA 94920 AGREEMENT FOR RELEASE OF OPEN SPACE RESTRICTIONS OVER PORTIONS OF PROPERTY LOCATED AT 5 MAIN STREET AND 9 MAIN STREET, TIBURON (RESOLUTION AUTHORIZING RELEASE ATTACHED) AGREEMENT FOR RELEASE OF OPEN SPACE RESTRICTIONS This Agreement made this c7;~ day of A 201:5; by and between Barbara Z. Abrams, hereinafter referred to as "Grantor," and town of Tiburon, hereinafter referred to as "Grantee." Recitals 1. Grantor is the owner of certain real properties (portions of which are underwater) commonly known as 5 Main Street and 9 Main Street, Tiburon, Marin County, State of California (APN #s 059-151-41 and 059-151-40 respectively), hereinafter referred to as the "Easement Site". 2. Grantee is the owner of certain real property (which is primarily underwater) immediately adjoining Grantor's property, commonly known as 1920 Paradise Boulevard, Tiburon, Marin County, State of California (APN #059-163-01), hereinafter referred to as "Shoreline Park". 3. Grantee currently holds an easement over the Easement Site by virtue of a Grant Deed for the Fred and Juanita Zelinsky Trust dated April 20, 1977 and recorded in the Official Records of Marin County as document No. 21815 in Book 3195, page 172, on May 2, 1977 ("1977 Easement"). The 1977 Easement area is the site of the Allan Thompson Bridge, which provides access to a ferry dock. Under the terms of the 1977 Easement, the properties described in Exhibits D and E thereto are restricted to non- exclusive public rights of access and are to remain forever in the natural state as open, undeveloped, and unimproved space ("Open Space Restrictions"). The attached Exhibit "A" contains a drawing, for illustration purposes only, depicting the areas where the Open Space Restrictions are being released. 4. A public ferry service is operated on a dock located adjacent to Shoreline Park. Grantee received funding to construct, and subsequently completed the construction of, the "Ferry Area Access & Safety Improvement Project" ("Project"). The purpose of the project was to improve access to the ferry terminal, particularly for persons with mobility problems. The Project constructed a public Walkway that replaced and extended the former Allan Thompson Bridge. A portion of the Walkway was constructed on the property that is subject to the Open Space Restrictions under the 1977 Easement. 5. On June 13, 2001, Grantor and Grantee entered into an agreement entitled "Grant of Easement and Agreement", recorded in the Official Records of Marin County as Serial Number 2002-0030199 on April 15, 2002 ("2001 Easement"). The 2001 Easement conveyed to Grantee the rights necessary to construct the walkway and amended certain portions and provisions of the 1977. Easement. To clarify the public record, the parties now wish to formally remove the Open Space Restrictions from those portions of property that are the site of the new Walkway. NOW, THEREFORE, the parties agree as follows: 1. The 1977 Easement is hereby amended to release for the Open Space Restrictions those portions of property described in attached Exhibit `B". 2. Except as otherwise amended herein and by the 2001 Easement, the 1977 Easement shall remain in full force and effect, such that the Grantor shall not fill or develop that portion of the property described in Exhibits D and E to the 1977 Easement that remain subject to the Open Space Restrictions. The 2001 Easement shall remain in full force and effect except as may be modified herein. 3. This Agreement includes the following Exhibits, which are attached hereto and incorporated herein: Exhibit "A": Drawing Depicting Released Property Areas Exhibit "B": Legal Description of Released Property Executed on `e' at Tiburon, Marin County, California GRANTOR Barbara brams (As truste' of the Alan L. Abrams Testamentary Non-Exempt QTIP Trust B and Barbara Z. Abrams and as Trustee of the Barbara Z. Abrams Living Trust dated May 26, 1999, D.b.a. Main Street Properties) GRANTEE L, Margaret AL)Curran, Town Manager Town of Tiburon APPROVED AS TO FORM: Ann . D nfo own Attorney 2 IL 5CHWARTZ ASSOCXTfES, INC. Civil Engineering & Land Surveying 79 Galli Drive NOVATO, CA 94949 (415) 883-9200 FAX 883-2763 JOB TIBURON FERRY PLAZA - JOB NO. 6940 - E9904 SHEET NO. 1 OF 1 DESIGN BY JRH DATE 09/10/01 CHECKED BY ILS DATE 09/10/01 SCALE 1"= 20' EXHIBIT "A" Areas of Open Water Restriction to be Released m NoRT~~isT~.L r GOR~R 0 PARGa ONE - Jp5E FROM To ZEL I/Y5K"Y 1405 OR 470 JIAI-IV Nt NORT/ EIA5 Try y GOR/~~R OF PARG~ L T`VO - UEEI> i ROM IiARN~' TO ZEL /NSKY ST]YETI-405 OR 470 3 °4302" E POINT Or POINT Or-ZZIXI 60MMENGEMENT 60MME1V6EME7VT FARGEL TJ-YO FARGEL ONE I 9 MAIN STREET I I o I I I ZEMNS' AL ET N 1997 0003365 I I ~ I w I TRUE POINT OF I I BEGINNING I ry TRITE POINT OF P14R.M THREE I BEGINNING PARCEL TTO PA,TCI L YWO- - Fx157116 •c' /A/ 68 °4302" E 43.75' N 68 °4302'-E X5.75' 5 MAIN STREET FXf5T/16 Vs N 68 °4302" F 80.00' 0 EX677~s ice' ~ S 68 °43 02" H c~ 00 ` Key L fl TABLE 0/ N 21 °16 50 " N 2. lO' N 21 -16 50 " /N 1035' N. 68 °45 02 " H 6.00' N21°1658"Kll.00' PARCEL ONE Open Water Restriction Release Areas TRUE POINT OF BEGINNING PPARCEL ONE U ,pFESS~~y9 U4 S ~ w ~o. 221 ' m Exp. 6-30-Q V11 \x t EXHIBIT "B" LEGAL DESCRIPTIONS FOR AREAS OF OPEN WATER RESTRICTIVE COVENANT RELEASE All that certain real property situate in the Town of Tiburon, County of Marin, State of California, being a portion of the lands of Zelinsky Et.AI. as set out in the Deed recorded under Document No. 1997-0003365, Marin County Records, described as follows: PARCEL ONE: All that portion of Easement "E" as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records described as follows: COMMENCING at the Northeasterly corner of Parcel Two, as described in the Grant Deed from Varney to Zelinsky, recorded August 3, 1961 in Book1485, at Page 470, Marin County Records, said corner being on the southerly right of way line of Main Street; Thence, leaving said corner and said right of way line, along the easterly property line of said Parcel Two, South 21'16'58" East (South 19°49' 30" East per deed), 183.40' feet to the TRUE POINT OF BEGINNING; Thence, continuing along said easterly property line also being the easterly line of said Parcel "B", South 21'16'58" East, 2.10 feet; Thence, leaving said easterly property line and said easement line, South 68°43'02" West, 80.00 feet to the westerly property line of said Parcel Two also being the westerly line of said Parcel "E"; Thence along the westerly property line of said Parcel Two and said Parcel "E", North 21'16'58" West (North 19°49' 30" West per deed) 2.10 feet; Thence, leaving said westerly property line, along the common line between Parcels "E" and Parcel "B" as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records, North 68°43'02" East (North 70°10'30" East per deed) 80.00 feet to the POINT OF BEGINNING. PARCEL TWO: All that portion of Easement "D" as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records described as follows: COMMENCING at the Northeasterly corner of Parcel One, as described in the Grant Deed from Varney to Zelinsky, recorded August 3, 1961 in Book1485, at Page 470, Marin County Records, said corner being on the southerly right of way line of Main Street; Thence along the northerly property line of said parcel and said southerly right of way line, South 68°43'02" West (South 70°10'30" West per deed) 43.19 feet to the northwesterly corner of said parcel; Thence, leaving northerly property line and said right of way line, along the westerly property line of said Parcel One, South 18°39'28" East (South 17°12' East per deed) 12.82 feet; Thence South 21'16'58" East (South 19°49' 30" East per deed) 162.1 feet to the TRUE POINT OF BEGINNING also being the northwesterly corner of Parcel "D as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records; Thence along the northerly line of said Parcel "D", North 68°43'02" East (North 70°10'30" East per deed) 43.75 feet to the easterly property line of said Parcel One also being the northeasterly corner of said Parcel "D"; Thence along the easterly line of said Parcel One and said Parcel "D", South 21'16'58" East (South 19°49.30" East per deed) 10.58 feet; Thence, leaving said easterly property line and said easterly easement line, South 68°43'02" West, 43.75 feet to the westerly property line of said Parcel One also being the westerly line of said Parcel "D"; Thence along said westerly property line and said westerly easement line, North 21'16'58" West (North 19°49' 30" West per deed) 10.5 8 feet to the POINT OF BEGINNING. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 7, ~ / J On before me, Date r.~ Here Insqt Name personally appeared / Name(s) of Signer(s) and Title of the Officer s>tLn S meow Coinimi:sion ~ 1NOSf~ Nowy Punic - CMifon0a Main Cow" Comm. 15 1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha a of ' i seal. Signature Signature of No y Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document E. ~-i-, ~.~~C ia. ~ ?a ~~.C l..( ~,~f.. ~ I ~ '~t~'i'~ .J:^, ~c'~4 • c`< .~Ei,: ~ f Title or Type of Document: Z %;0 S Document Date: Number of Pages:;' AT QI Signer(s) Other Than Named Above: i Zv ti' Capacity(ies) Claimed by Signer(s) Signers Name: Signers Name: O Individual ❑ Individual ❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General _ El Partner - ❑ Limited ❑ General ❑ Attorney in Fact M 0❑ Attorney in Fact Trustee Top of thumb here El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Si ner Is Representing: Signer Is Representing: ©2007 National Notary Association- 9350 De Soto Ave., PO. Box 2402-Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of C. A, On G, L v f before me, Date Here Insert Name and Title o the Officer v personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of DIANE CRANE IACOPI which the person(s) acted, executed the instrument. Commission # 1540513 Z •+i Notary Public - Cslitorais I certify under PENALTY OF PERJURY under the laws L Main County Cantu. E ' es Mu 15 13 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a offici eal. 7 Signature Place Notary Seal Above Signature of Notary P lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Y _y Title or Type of Document: r'y r C- Document Date: Signer(s) Other Than Named Above: Number of Pages: t 141 7 Capacity(ies) Claimed by Signer(s) 0 1 L r✓ v l Signers Name: Signers Name: ❑ Individual _ ❑ Individual Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General _ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer I Regr)esentin Signer Is Representing 2611 Lei Top of thumb here 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www. National Notary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 RESOLUTION NO. 59-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TI13URON AUTHORIZING THE RELEASE OF OPEN SPACE RESTRICTIONS FROM PORTIONS OF PROPERTY LOCATED AT 5 AND 9 MAIN STREET (ASSESSOR PARCEL NUMBERS 059-151-41 AND 059-151-40) WHEREAS, in 1977 the Town of Tiburon required certain restrictive covenants to be placed on properties at 5 and 9 Main Street in association with the planned construction of a waterfront bridge and walkway ("Allan Thompson Bridge"). The restrictions were intended to preserve for posterity as open, undeveloped and unimproved space (i.e., water), the areas immediately bay-ward of the Allan Thompson Bridge upon its construction; and WHEREAS, shortly thereafter the Town constructed the Allan Thompson Bridge, a pedestrian access way that utilized portions of the 1977 Easement to enhance public access to the ferry terminal located on adjoining property at 5 Main Street; and WHEREAS, in 2001, the Town constructed a new, relocated, and ADA-accessible Allan Thompson walkway utilizing portions of the restricted open space areas, but leaving all bay-ward portions of the remaining open space-restricted areas open for the benefit of the public; and WHEREAS, the full length of the Allan Thompson walkway remains subject to a public access easement granted in 2001; and WHEREAS, the Town and property owner of 5 and 9 Main Street now wish to clarify the public record by releasing the open space restrictions from those portions of the properties over which the new Allan Thompson walkway has been constructed; and WHEREAS, an Agreement releasing said portions of property from the open space restrictions has been executed by the property owner. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon hereby approves the Agreement authorizing the release of open space restrictions, attached hereto as Exhibit 1, authorizes the Town Manager to execute it, and directs the Town Clerk to ensure its timely recordation. Tiburon Town Council Resolution No. 59-2011 1210712011 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 7, 20111 by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz NOES: COUNCILMEMBERS: None LAVITZ, l A-YOR OF T-IBtJ-R0N7> ATTEST- DIANE CRANE IACOPI, TOWN CLERK SAAdministration\Town Council\Resolutions\5 and 9 Main release of restrictions reso.doc T UE AN C D 1 i,KK T .URON TO CLTiburon Town Council Resolution No. 59-2011 1210712011 2 EXHIBIT 1 AGREEMENT FOR RELEASE OF OPEN SPACE RESTRICTIONS This Agreement made this day of , 2011, by and between Barbara Z. Abrams, hereinafter referred to as "Grantor," and the Town of Tiburon, hereinafter referred to as "Grantee." Recitals 1. Grantor is the owner of certain real properties (portions of which are underwater) commonly known as 5 Main Street and 9 Main Street, Tiburon, Marin County, State of California (APN #s 059-151-41 and 059-151-40 respectively), hereinafter referred to as the "Easement Site". 2. Grantee is the owner of certain real property (which is primarily underwater) immediately adjoining Grantor's property, commonly known as 1920 Paradise Boulevard, Tiburon, Marin County, State of California (APN #059-163-01), hereinafter referred to as "Shoreline Park". 3. Grantee currently holds an easement over the Easement Site by virtue of a Grant Deed for the Fred and Juanita Zelinsky Trust dated April 20, 1977 and recorded in the Official Records of Marin County as document No. 21815 in Book 3195, page 172, on May 2, 1977 ("1977 Easement"). The 1977 Easement area is the site of the Allan Thompson Bridge, which provides access to a ferry dock. Under the terms of the 1977 Easement, the properties described in Exhibits D and E thereto are restricted to non- exclusive public rights of access and are to remain forever in the natural state as open, undeveloped, and unimproved space ("Open Space Restrictions"). The attached Exhibit "A" contains a drawing, for illustration purposes only, depicting the areas where the Open Space Restrictions are being released. 4. A public ferry service is operated on a dock located adjacent to Shoreline Park. Grantee received funding to construct, and subsequently completed the construction of, the "Ferry Area Access & Safety Improvement Project" ("Project"). The purpose of the project was to improve access to the ferry terminal, particularly for persons with mobility problems. The Project constructed a public Walkway that replaced and extended the former Allan Thompson Bridge. A portion of the Walkway was constructed on the property that is subject to the Open Space Restrictions under the 1977 Easement. 5. On June 13, 2001, Grantor and Grantee entered into an agreement entitled "Grant of Easement and Agreement", recorded in the Official Records of Marin County as Serial Number 2002-0030199 on April 15, 2002 ("2001 Easement"). The 2001 Easement conveyed to Grantee the rights necessary to construct the walkway and amended certain portions and provisions of the 1977 Easement. To clarify the public record, the parties now wish to formally remove the Open Space Restrictions from those portions of property that are the site of the new Walkway. NOW, THEREFORE, the parties agree as follows: The 1977 Easement is hereby amended to release for the Open Space Restrictions those portions of property described in attached Exhibit "B". 2. Except as otherwise amended herein and by the 2001 Easement, the 1977 Easement shall remain in full force and effect, such that the Grantor shall not fill or develop that portion of the property described in Exhibits D and E to the 1977 Easement that remain subject to the Open Space Restrictions. The 2001 Easement shall remain in full force and effect except as may be modified herein. 3. This Agreement includes the following Exhibits, which are attached hereto and incorporated herein: Exhibit "A": Drawing Depicting Released Property Areas Exhibit "B": Legal Description of Released Property Executed on , at Tiburon, Marin County, California GRANTOR Barbara Z. Abrams (As trustee of the Alan L. Abrams Testamentary Non-Exempt QTIP Trust B and Barbara Z. Abrams and as Trustee of the Barbara Z. Abrams Living Trust dated May 26, 1999, D.b.a. Main Street Properties) GRANTEE Margaret A. Curran, Town Manager Town of Tiburon APPROVED AS TO FORM: Ann R. Danforth, Town Attorney S: IPlanninglStaf"FolderslsandersonWiscellaneousIRELEASE OF OPEN SPACE RESTRICTIONS. doc 2 _ LL SCHWARIZ ASSOCIATES, INC. Civil Engineering & Land Surveying 79 Galli Drive - NOVATO, CA 94949 (415) 883-9200 FAX 883-2763 JOB TIBURON FERRY PLAZA - JOB NO- 6940 - E-9904 SHEET N0. 1 OF 1 DESIGN BY JRH DATE 09/10/01 CH-ECKED BY ILS DATE 09/10/01 SCALE 1"== 20' EXHIBIT "A" Areas of Open Water Restriction to be Released NoRrHEAsT~.L Y GoRAER of P~IRGFL OI / - D~rD FROM NORTh~,457E'L Y GO~,7 OP VARINEr To z5LIN.SKY Pr4RG~ 7-40 - UFFD 1R6?M 1455 On 470 VARNFY TO ZFL /NSKY HAIN ST)YET1405 OR 470 m N 68°4302"F 6-0 00 1 POINT OF PD/NT OF GOMMFNGtM~NT GOA'1M~I~G~MENT PARGFL T`YO FARG,EL 01E 9 MAIN STREET ZELLNS ET ALL I 1997- -0003365 w I RUE POINT OF I TR$TE POL? V7' OF ~RCEL THREE BEFLNNLNG j PARCPARCEL TIYO N 65 °43 02F 43. 0 ! W I i ° I ~ 5 MAIN STREET I ~ ! V.-< N 68 °4302" F I I i 80.00' ~O 5 63 °43 02" H 80 00' EX15 nei F-/ ~w Key PARCEL ONE Open Water Restriction Release Areas L # TABLE Ol N 21 °16 55'N 2. l0' O N 21 0/6'58 " H 10..55' G3 N 65 °43 02 -`Y 6.00' N2I°/638"l1' /1.001 TRUE POINT' OF IP BEGINNING ARCEL ONE ,pFESS fON9 Ul S S~ e C-1 i - 0.`5221 ! m Exp. 6-30-01 Civil. X\~ - 14' C EXHIBIT "B" LEGAL DESCRIPTIONS FOR AREAS OF OPEN WATER RESTRICTIVE COVENANT RELEASE All that certain real property situate in the Town of Tiburon, County of Marin, State of California, being a portion of the lands of Zelinsky Et.AI. as set out in the Deed recorded under Document No. 1997-0003365, Marin County Records, described as follows: PARCEL ONE: All that portion of Easement "E" as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records described as follows: COMMENCING at the Northeasterly corner of Parcel Two, as described in the Grant Deed from Varney to Zelinsky, recorded August 3, 1961 in Book1485, at Page 470, Marin County Records, said corner being on the southerly right of way line of Main Street; Thence, leaving said corner and said right of way line, along the easterly property line of said Parcel Two, South 21'16'58" East (South 19°49' 30" East per deed), 183.40' feet to the TRUE POINT OF BEGINNING; Thence, continuing along said easterly property line also being the easterly line of said Parcel "E", South 21'16'58" East, 2.10 feet; Thence, leaving said easterly property line and said easement line, South 68°43'02" West, 80.00 feet to the westerly property line of said Parcel Two also being the westerly line of said Parcel "E"; Thence along the westerly property line of said Parcel Two and said Parcel "E", North 21'16'58" West (North 19°49' 30" West per deed) 2.10 feet; Thence, leaving said westerly property line, along the common line between Parcels "E" and Parcel "B" as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records, North 68°43'02" East (North 70°10'30" East per deed) 80.00 feet to the POINT OF BEGINNING. PARCEL TWO: All that portion of Easement "D" as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Mann County Records described as follows: COMMENCING at the Northeasterly corner of Parcel One, as described in the Grant Deed from Varney to Zelinsky, recorded August 3, 1961 in Book1485, at Page 470, Marin County Records, said corner being on the southerly right of way line of Main Street; Thence along the northerly property line of said parcel and said southerly right of way line, South 68°43'02" West (South 70°10'30" West per deed) 43.19 feet to the northwesterly corner of said parcel; Thence, leaving northerly property line and said right of way line, along the westerly property line of said Parcel One, South 18°39'28" East (South 17°12' East per deed) 12.82 feet; Thence South 21'16'58" East (South 19°49' 30" East per deed) 162.1 feet to the TRITE POINT OF BEGINNING also being the northwesterly corner of Parcel "D as described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records; Thence along the northerly line of said Parcel "D", North 68°43'02" East (North 70010'30" East per deed) 43.75 feet to the easterly property line of said Parcel One also being the northeasterly corner of said Parcel "D"; Thence along the easterly line of said Parcel One and said Parcel "D", South 21016'58" East (South 19°49.30" East per deed) 10.58 feet; Thence, leaving said easterly property line and said easterly easement line, South 68°43'02" West, 43.75 feet to the westerly property line of said Parcel One also being the westerly line of said Parcel "D"; Thence along said westerly property line and said westerly easement line, North 21'16'58" West (North 19°49' 30" West per deed) 10.58 feet to the POINT OF BEGINNING.