Bethel Rd Manor-AG090428
AGENDA REQUEST FORM
THE.CiTY.OF
DEPT:
Engineering
DATE: April 28, 2009
ITEM #: 12/B
o WORK SESSION
[2] CONSENT
D REGULAR
ITEM TYPE: ORDINANCE
ITEM CAPTION:
Consider approval of an ordinance abandoning a utility and water line easement created by Ordinance #92547,
located in the J. W. Anderson Survey, Abstract No. 18, as described in Exhibits "A" and "B" attached hereto; reserving all
existing easement rights of others if any, whether apparent or non-apparent, aerial, surface, underground or
otherwise; providing for the fumishing of a certified copy of this ordinance for recording in the real property records of
Dallas County, Texas as a quitclaim deed; and authorizing the Mayor to sign and to execute any necessary
documents.
GOAL(S): 1~1
EXECUTIVE SUMMARY:
This ordinance abandons an existing 35' utility and water line easement that currently serves this tract of land. The
owner of this property will be relocating the utilities in this easement and is dedicating a new easement on the plat for
the proposed utilities. Exhibit 4 shows the presentation presented to Council by the Planning Department identifying
the easement abandonment location in yellow and the new easement location in gray.
FINANCIAL COMMENTS:
Staff recommends approval of the ordinance.
ACTION TAKEN BY COUNCIL:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
RECOMMENDED ACTION:
. Libby Ball
.u 2009.0.5.04
09:55.10
-05'00'
I#Easement Abandonment
THE.CITY.OF
oS
MEMORANDUM
TO:
Mayor and City Council
VIA:
Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM:
Michael Garza, E.I.T., Engineer In Training
DATE:
April 28, 2009
REF:
Consider approval of an ordinance abandoning a utility and water line
easement created by Ordinance #92547, located in the J.W. Anderson
Survey, Abstract No. 18, reserving all existing easement rights of others if
any, whether apparent or non-apparent, aerial, surface, underground or
otherwise; providing for the furnishing of a certified copy of this ordinance
for recording in the real property records of Dallas County, Texas as a
quitclaim deed; and authorizing the Mayor to sign and to execute any
necessary documents.
This ordinance abandons an existing 35' utility and water line easement that currently serves this
tract of land. The owner of this property will be relocating the utilities in this easement and is
dedicating a new easement on the plat for the proposed utilities. Exhibit 4 shows the presentation
presented to Council by the Planning Department identifying the easement abandonment location
in yellow and the new easement location in gray.
Staff recommends approval of the abandonment ordinance and will be available to answer any
questions at the Council meeting.
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ORDINANCE FOR THE CITY OF COPPEll, TEXAS
ORDINANCE NO. 9~ .5'1,
AN ORDINANCE OF THE CITY Of COPPELL, TEXAS, PROVIDING FOR THE
ABANDONMENT Of STREET RIGHT-Of-WAY AND THE CLOSING OF A PORTION Of
BETHEL SCHOOL ROAD (HARRIS STREET) IN THE CITY OF COPPELL, DALLAS
COUNTY, TEXAS, WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED;
PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM THAT MAY
BE RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY, TEXAS; RESERVING
UNTO THE CITY OF COPPELL A GENERAL UTILITY EASEMENT AND WATER LINE
EASEMENT OVER AND INTO THE AREA ABANDONED; PROVIDING A SEVERABILITY
CLAUSE AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, acting pursuant to law,
and upon the request of adjacent property owners Carmen & Street, a Texas Partnership
and Ruby McDowell, an individual, deem it necessary and in the public interest to
abandon and close the hereinafter described portions of said roadway and is of the
opinion that such portions of said roadway are not needed for street public use and that
the same should be abandoned and quitclaimed to the adjacent property owners; and
WHEREAS, the City Council of the City of Coppel! and the adjacent property
owners have agreed that upon the abandonment and closure of said roadway the City
of Coppell shall have and exercise no further rights in and to said portions of said
roadways for street and roadway purposes and that adjacent property owners shall
assume all maintenance and responsibility for any portion of said roadways that adjacent
property owners continue to use as a private road; and
WHEREAS, pursuant to statutes of the State of Texas, the City of Coppell has the
power by ordinance, to vacate and abandon a street upon the request of the owners of
real property abutting such street; and
WHEREAS, Ruby McDowell and Carmen & Street, are the owners of the real
property abutting the hereinafter described street to be abandoned and have requested
that the City of Coppel! vacate, abandon and close such street for street purposes; and
WHEREAS, the City of Coppel! finds that said property is a narrow strip of land, not
capable of being used independently as zoned or under applicable subdivision or other
development control ordinances and should be exchanged for such other property to be
dedicated by the adjacent property owners for the construction of a cul-de-sac at one
point of closure of such roadway; and
WHEREAS, the City Council of the City of Coppell is of the opinion that the best
interest and welfare of the public will be served by accepting dedication of the area for
the construction of the cul-de-sac and that the best interest and welfare of the public will
be served by abandoning for street purposes the hereinafter described land in favor of
the adjacent property owners, but retaining therein a general utility easement and water
line easement; NOW, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. Pursuant to Article 1175(5) and the Charter of the City of Coppell,
Texas, the tract of land described in Exhibits "A" and "B" which are attached hereto and
made a part hereof, be and the same are hereby abandoned, vacated and closed insofar
as the right, title and easement for public street purposes are concerned and that such
abandonment be in favor of Carmen & Street, a Texas Partnership, the abutting
property owner and owner of the underlying fee simple to said property. That this
abandonment ordinance shall constitute a quitclaim in favor of Carmen & Street, a Texas
Partnership, said abutting property owner, and a certified copy of the same may be filed
in the deed records of Dallas County, Texas, to indicate such abandonment and the
acceptance by such property owner of all Mure responsibility for maintenance of said
property in the event any portion of the same is maintained as a private road, including
any street surface, bridge or creek crossing permitted by such property owner to continue
to exist and be used in connection with the private roadway. That this abandonment,
conveyance and relinquishment to the underlying fee simple owner, provided for herein,
shall extend only to the public street right-of-way, title, easement, and/or interest for street
purposes that the governing body of the City of Coppell may legally and lawfully abandon
and vacate, and the City of Coppell reserves unto itself and does not relinquish or
abandon its water line easement and general utility easement over and under the property
herein described.
SECTION 2. Pursuant to Article 1175(5) and the Charter of the City of Coppell,
Texas, the tract of land described in Exhibit "c" which is attached hereto and made a part
hereof, be and the same is hereby abandoned, vacated and closed insofar as the right,
title and easement for public street purposes are concerned and that such abandonment
be in favor of Ruby McDowell, the abutting property owner and owner of the underlying
fee simple to said property. That this abandonment ordinance shall constitute a quitclaim
in favor of Ruby McDowell, said abutting property owner, and a certified copy of the
same may be filed in the deed records of Dallas County, Texas, to indicate such
abandonment and the acceptance by such property owner of all future responsibility for
maintenance of said property in the event any portion of the same is maintained as a
private road, including any street surface, bridge or creek crossing permitted by such
property owner to continue to exist and be used in connection with the private roadway.
That this abandonment, conveyance and relinquishment to the underlying fee simple
owner, provided for herein, shall extend only to the public street right-at-way, title,
easement, and/or interest for street purposes that the governing body of the City at
Coppell may legally and lawfully abandon and vacate, and the City of Coppell reserves
unto itself and does not relinquish or abandon its water line easement and general utility
easement over and under the property herein described.
SECTION 3. If any article, paragraph or subdMsion, clause or provision of this
ordinance shall be judged invalid or held unconstitutional, the same shall not affect the
validity of this ordinance as a whole or any part or provision thereof, other than the part
declared to be invalid or unconstitutional.
SECTION 4. The City of Coppell acknowledges that all findings set forth above
to be true and correct and hereby adopts and incorporates such findings into this
ordinance for all purposes.
SECTION 5. This ordinance shall take effect immediately from and after its
passage as the law in such cases provides.
of
DULY PASSED by ~hi City Council of the City of Coppell, Texas, the
((ill' ,1992.
I
I ~i day
APPROVED:
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ArrEST:
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APPROVED AS TO FORM:
~~~
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APPROVED:
BY McDOWELL
CARMEN & STREET, a Texas Partnership
By rJ;- J 4r:;;--
C092-0303
CERTIFICATE OF CITY SECRETARY
STATE OF TEXAS ~
~
COUNlY OF DALLAS ~
~
CllY OF COPPELL ~
I, the undersigned, City Secretary of the City of Coppell, Texas, a municipal
corporation, In the performance of the function of my office, hereby certify that the
attached ordinance is a full, true and correct copy of Ordinance No. 9.-1.:. 'I '; as the same
appears in the records of the official ordinance book of the City, having been adopted by
the City Council. of the City of Coppell, Texas, on the ~ day of
. ~ 11. L I. , 1992, and that I am the lawful possessor and have
legal custo of such record.
WITNESS MY HAND AND SEAL OF OFFICE at my office in Coppell, Texas, this
the ,) .J day of /,'/) l- ~ i ' 1992.
I
D~~7~~~t-~/s:;~~ry
City of Coppell, Texas
(Seal)
AGG02258
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EXHIBIT "A"
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PROPOSED
BROCK STREET
(50' R.O.W.) I
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U.;U,\L DES:"HWildl'i
Being a U.U55 acre tract of land in the l.W. Anderson Survey, Ahstract No. 18, situated in the City
oC Coppell, Dallas Cuunty, Texas and being more particularly described as follows:
COMMENCING at a 5{8" iron pin Cound in the South line of a tract conveyed to William M.
. Wilson, Jr. in deed recorded in Volume 79050, Page 1553 of the Deed Records of Dalla., County,
Texas, said iron pin found alsu being on the West right.of-way line of Bethel School Road (35'
R.O.W.); THENCE N R90)O'21" E, 35.5) feet 10 a 1{2" iron pin set on the Ea.~t right-of-way line of
Ilclhd School (toad; THENCE S 09"24'37" W, along the East right-of-way line of Bethel School
Road, 74.UO feet to a 1/2" iron pin set; THENCE S 37015'01" W, along the East right-of-way line of
Bethel School Road, \o'U8 feel 10 a 1/2" iron pin scl Cur Ihe POINT OF BEGINNING of the herein
described Iract;
l1lENCE S 37"15'01" W, along the East right-of-way line of Bethel School Road, 104.00 fcetto a
1/2" iron pin set;
THENCE S 13"29'47" W, along the East right-of-way line of Bethel School Road, 36.98 feet to a 112"
iron pin set;
THENCE S 84007'41" W, 21.20 feet to It 1/2" iron pin set;
THEN!=E N 13"29'47" E, 48.21 [eet to a 1/2" iron pin set;
TI~ENCE N 37"15'01" E, 68.20 feel 10 a 1/2" iron pin sel, said iron pin being the point of curvalure
of a circular curve 10 the left having a radiu~ nf 50.00 feet, a central angle of 53"07'50", a chord
length of 44.72 feet and a chord bearing of N 63"48'54" E;
THENCE along said curve to the left, 46.37 feet 10 the POINT OF BEGINNING and containing
0.055 acres or 2,415 square feet of land, more or Ic.~.
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LEGAL DESCRIPTION
Being a U.127 acre tract of land in the l.W. Anderson Survey, Ahstract No. 18 and the E.A. Crow
Survey, Ah~tmct No. ~Ol, situated in the City of Coppell, Dallas County, Texas and being more
particulally descl ihcd as follows:
BEGINNING at a SI8" iron pin found in the South line of R Iract conveyed to William M. Wilson,
Jr. in deed recorded in Volume 79USO, Page IS5~ of the Deed Records of Dallas County, Texas, said
iron pin found also heing on the West righI-of-way line of Bethel Schoo] Road (~S' R.O.W.);
THENCE N 89"30'21" E, 3S.S3 feet to a 1{2" iron pin scIon the East right-of-way line of Bethel
School Road; .
THENCE S 09"24'37" W, along the East right-of.way line of Bethel School Road, 74.00 feet to a 1{2"
iron pin sel;
THENCE S 37"1S'UI" W, along Ihe East right-of-way line of Bethel School Road, 10.08 feel to a l{2"
iron pin set, said pin being the point of curvature of a circular curve to Ihe right having a radius of
50.IM) feel, a central angle of SJo07'SlI", a chord length of 44.72 feet and a chord bearing oC
S ('3"48'S4" W;
THENCE along said curve to the right 46.37 feet to a 1{2" iron pin set;
THENCE S 37015'01" W, 68.20 feet to a W" iron pin set;
THENCE S ]3"29'47" W, 48.21 feel 10 a 1{2" iron pin set;
THENCE S 84007'41" W, IS.9O feet to a 51ll" iron pin found on the West righl.oC.way line oC Bethel
School Road;
THENCE N 13"29'47" E, along the West right-of.way line of Bethel School Road, 56.64 feel to a 518"
iron pin found;
THENCE N 37"15'01" E, along the Wesl right-of-way line of Bethel School Road, 112.77 feet to a
Sill" iron pin found;
THENCE N 09"24'37" E, along the West right-oC-way line oC Bethel School Road, 59.22 feet to Ibe
POINT OF BEGINNING and containing 0.127 acres or 5,S25 square feet of land, more or less.
",
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N 84'07'41" E 35.00'
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EXISTltG IIGtfT -Of- WIl!. Wl>1li Of IlETHEI- SCHOOL
ROAD (10 be IIbandonedl IS BASED ON OCCl.FATlON BY TIE
ROADWAY AN> EXISTltG NJE. TO TIE NORm NO RECORDED
OOCtMNT SNOWflG -oF-WAY DEDICATION HAS BEEN
LOCATED OR EXAMtED.
BEnE1... ROAD
NOTES: BEAIftJ8
SCALE: t". 40'
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CIVIL ENGIHElnl - PLANNeR I. - SUnVIl"::>l1!!,
.0011lllllQ! ",,"-,T. ...! 100 FlIf:l' WOI\"~ TUM ."It
DAfE' JANJARV 1982
W.O N" 8272
REVISED
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LEGAL ()ESl:RIPTION
lIeing n 0.331 line tmct of land In the J.W. Anderson Survey, Abstmct No. 18, situated In tbe City
of Cuppell, Hallas County, Teltas nnd being more particulllrly described as follows:
l:OMMENCIN(i at a 5/8" Imn pin found In the SlIIlth line of a tmet conveyed to Wllllnm M.
Wilson, .Jr. In deed recorded In Vulume 79050, I'age 1553 of the Deed Records of J)alllls County,
Texns, slIid Iron pin found also being IIn the West rlght-lIf-way line of Bethel School Road (35'
ItO.W.); TIIENl:E N 89030'21" E, 35.53 feet tll a 1/2" Irlln pin set IIn the l<:Ust rlght-lIf-wIlY line or
\lethel Schonl I{oad; '1'1 IENCE S 09024'37" W, ailing the Enst right-of-way line of Bethel School
nUlIfI, 74.00 frcl 11111 1/2" Inm pin scl; TIIENn~ S 37015'0'" W, IIll1ng Ihe Ensl rillht-of-wIIY line of
Ucthcl SchlHJI nIHIlI, 114.08 fcet III a 1/2" imn pin sel; THENCE S 13'29'47" W, along the East right.
of-WilY line or Uelhel Schoollhlnd, 36.98 feet 10 II 1/2" Iron pin set fllr the POINT OF UEGINNING;
TIIENCE S 06001'46" E, 330.30 feet 10 a 1/2" Iron pin set;
THENCE S 00"30'34" W, 84.02 feel to a 1/2" Iron pin set;
THENCE N 89'59'26" W, 35.00 feet to n 1/2" Imn pin set;
TIIENCE N 00"30'34" E, 82.32 feet tll a 1\2" iron pin set;
TIIENCE N 06001'46" W, 328.39 feet to II 1/2" Iron pin set;
TIIENCE N 84'07'41" E, 35.00 feel to the I'OINT OF IlmaNNING nnd containing
0.331 lines IIr 14,438 squnre fl'et of Inml, more or less.
1-27-~"l...-
GOOU\VIN ~
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ciVIL EI.oIHEI!nS - PlAI.IIEnS - SUnY~Yon9,
'00l1lllOOl! "ne.", lllIil! 100 FOIl' woml~ 'l!lAS "112
SCALE: I"' NOtE
OA f [. JAMJARY 1992
W.o Nt 9272
FlfV'UO
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EXHIBIT "A"
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potn OF
COMMENCING
PROPOSED
BROCK STREET
(50' R.O.W.) . .1
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LEUAL DESCRIPTION
Being a 0.055 acre lracl or'land in the J.W. Anderson Survey, Abstract No. 18, silUlited in the City
oC Coppell, Dallas County, Texas and being more particularly described as Collows:
COMMENCING at a 518" iron pin Cound in the South line of a tracl conveyed 10 William M.
. Wilson, Jr. in deed recorded in Volume 79050, Page 1553 oC the Deed Records of Dallas County,
Texas, said iron pin found also being on the West right-of-way line of Bethel School Road (35'
R.O.W.); THENCE N 89"30'21" E, 35.53 feet 10 a In" iron pin set on Ihe East right-oC-way line of
Bethel School Road; THENCE S 09024'37" W, along Ihe East righi-of-way line oC Bethel School
Road, 74.lJO feel 10 a 1{2" iron pin set; THENCE S 37"15'01" W, along the East right.of-way line of
Delhel School Road, 10.08 Ceetlo a 1{2" iron pin set Cor Ihe POINT OF BEGINNING of the herein
described Iract;
THENCE S 37"15'01" W, along the East righi-of-way line of Bethel School Road, 104.00 feet to a
In" iron pin set;
THENCE S 13"29'47" W, along the East right-of-way line of Bethel School Road, 36.98 feet to a In"
iron pin set;
THENCE S 84"07'41" W, 21.20 feet to a In" iron pin set;
TIiENCE N 13"29'47" E, 48.21 feet to a In" iron pin set;
THENCE N 37"15'01" E, 68.20 feet to a In" iron pin set, said iron pin being tbe point of curvature
of a circular curve to the lert having a rndiu~ oC 50.00 feet, a central angle of 53"07'50", a chord
lenglh oC 44.72 feel and a chord bearing oC N 63"48'54" E;
THENCE along said curve to tbe left, 46.37 Ceet to the POINT OF BEGINNING and containing
0.055 acrc.~ or 2,415 square feet of land, more or less.
'.
tcALl: IDe
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.VIIID.
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EXHIBIT "B"
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PROPOSED
BROCK STRJ;ET
(50' R.O.W.)
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.
R = 5O.QO'
L . 4e.3T
C = 44.72'
C.& : 8 83'<18'54- W
IID1e ALL CCIIIB
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SCALE: f' = 30'
II
LEGAL DESCRIPTION
Being a 0.127 acre tract of land in the J.W. Anderson Survey, Abstract No. 18 and the E.A. Crow
Survey, Ah~tract No. :lOt, ~ituated in the City of Coppell, Dallas County, Texas and being more
particularly dc~clihcd 11~ rollo~:
BEGINNING at a 518" iron pin found in the South line of a tract conveyed to William M. Wilson,
Jr. in deed recorded in Volume 79050, Page 1553 of the Deed Records of Dallas County, Texas, said
iron pin found also being on the We.~t right-of-way line of Bethel School Road (35' R.O.W.);
THENCE N 89030'21" E, 35.53 feet to a 1(2" iron pin set on the East right-of-way line of Bethel
School Road;
THENCE S 09"24'37" W, along the East right-of-way line of Bethel School Road, 74.00 feet to a 1(2"
iron pin set;
TIIENCE S 37"15'01" W, along the East right-of-way line of Bethel School Road, 10.08 feet to a 1(2"
iron pin set, said pin being the point of curvature of a circular curve to the right having a radius of
50.00 feet, a central angle of 53"07'50", a chord length of 44.72 feet and a chord bearing of
S 63048'54" W;
THENCE along said curve to the right 46.37 feet to a 1(2" iron pin set;
THENCE S 37"15'01" W, 68.20 feet to a 1(2" iron pin set;
TIIENCE S 13"29'47" W, 48.21 feet to a 1(2" iron pin set;
THENCE S 84007'41" W, 15.90 feet to a 518" iron pin found on the West right-of-way line of Bethel
School Road;
THENCE N 13"29'47" E, along the West right-of-way line of Bethel School Road. 56.64 feet to a 5/lf'
iron pin found;
THENCE N 37"15'01" E, along the West right-of-way line of Bethel School Road, 112.77 feet to a
518" iron pin found;
TIIENCE N 09"24'37" E, along the West right-of-way line of Betbel School Road, 59.22 feet to the
POINT OF BEGINNING Rnd containing 0.127 acres or 5,525 square feet of land, more or less.
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EXISTNG IIGHT-OF-W~ Wlnli OF IlEllEL SCHOOL
ROAD Ito be ~ IS BASED ON 0CClI'A11ON BY TIE
ROADWAY AN> EXISTNG TO TIE NORm NO RECORDED
DOClNEHT SHC>WI<<) -Of'-WAY OEDICAllON HAS BEEN
LOCATED OR EXA~.
SCALE: ,". 4Cr
BETlB. ROAD
NOTES: IIENlIIGS
GOODWIN;
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..., IIIIIGI IfIlf1!T, III'I! 10. ,"", "Ol"'~ fIlIAl ,,,.
OATE' JANUARY 1882
w.o. Nt 1212
REVISED
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LEGAL UESCRIPTION
IJelng 0 0.331 acre lroct of lond In the J.W. Anderson Survey, Abstract No. 18, sltoated In tbe City
of Coppell, Dallas County, Texas and being more particularly described as follows:
COMMENCING 01 H 5/8" Iron pin found In the Soulh line of a tract conveyed to William M.
Wilson, .Jr. In deed recorded In Volume 79050, I'oge 1553 of the Heed Records of Hallas County,
Texas, said Iron pin found also being on the West rlght.of-way line of Bethel School Road (35'
n.o.w.)j TIIENCE N 89"30'21" E, 35.53 feel to n 1/2" Iron pin set on the East righi-of-way line of
Dethel School Itond; THENCE S 09024'37" W, olong the East rlght-of.way line of Bethel School
nOllll, 74.00 feci to II 1/2" Irlln 1,ln set; T"ENCI~ S 37015'01" W, nlllng the l!:nst rll:ht-of.wny line of
IJelhel School noad, 114.08 feet tll 0 1/2" Iron pin set; TIIENCE S 13029'47" W, along the East right.
of.wny line of Rethel Scholl I Hoad, 36.98 feet 10 n 1/2" InlD pin sel for the POINT OF IJEGINNING;
TIIENCE S 06001'46" E, 330.30 feet to a 1/2" Iron pin set;
TIIENCE S 00"30'34" W, 84.02 feet to 0 1/2" Iroo pin set;
TIIENCE N 89059'26" W, 35.00 feet to a 1/2" Iron pin set;
TIIENCE N 00"30'34" E, 82.32 feet to a 1\2" Iron plo sel;
TIIENCE N 06001'46" W, 328.39 feet to a 1/2" Iron pin set;
TIIENCE N 84001'41" E, 35.00 feel to the rOlNT OF REmNNING nnd containing
0.331ncres or 14,438 squnre feet IIf Innd, mllre or less.
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GOOV\VIN!
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1001 ~ .iitEn. lIIil! lOt FOIl' "011111. 'lllAI '''12
SCALE: t. I NONE
OAf E: .IANUARY 1992
..0 Nt 9272
REVISED
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