2001-788417 RECORDING REQUESTED BY: OCT 30 2001 4 - ~"-"
OFFICIAL RECORDS
SAN OIEGO COUNTY R~CORDER o OFF~O~_
After recording mail to: GREGORY J. SWITH, ¢nlBTM
~,,, RECORDER
FEES: O,OO
A~n: Real Estate Depa~ment
No~h County Transit District
810 Mission Avenue
Oceanside, California 92054
NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use
Only)
APN: 2~-042-11; 2~4-060-16; 254-052-14; 254-255-01; 254-255-02; 254-323-01; 256-
030-2~ 256-090-18; 256-300-2¢
/-'~.p> EASEMENT AGREEMENT BY AND BE~EEN
NORTH SAN DIEGO COUNTY T~NSIT DEVELOPMENT BOARD
AND THE CI~ OF ENCINITAS
1. Purpose and Intent
THIS EASEMENT AGREEMENT (the "Agreement") is made and entered into
as of the effective date of OcTobeR t~ , 2001, (the "Effective Date") by and
baleen the No~h San Diego County Transit Development Board ("NCTD"), and the
City of Encinitas (hereinafter referred to as "Grantee" or "City"); and
WHEREAS, NCTD owns a Right-of-Way for railroad purposes which it uses for
public transit and freight; and
WHEREAS, NCTD has policies regulating and governing the use of its Rights-
of-Way; and
WHEREAS, the Grantee has applied for the issuance of a Easement in
accordance with such policies; and
WHEREAS, NCTD has analyzed fully and considered the technical abiUty,
financial condition, and legal qualifications of the Grantee; and
WHEREAS, NCTD, after such consideration, analysis and deliberation has
approved and found sufficient the technical, financial and legal quaUfications of the
Grantee; and
WHEREAS, NCTD has considered and analyzed the plans of the Grantee for
the location and installation of storm drain and sewer main facilities and found the same
to be adequate, feasible and in the public interest; and
WHEREAS, the storm drain and sewer facilities have been located so as to
minimize the chance that they will interfere with NCTD's future use of the property for
public transit purposes; and
WHEREAS, NCTD and the Grantee have agreed to be bound by the conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
contained herein, the parties agree as follows:
2. Grant of Easement
2.1 There is hereby granted by NCTD to the Grantee, in perpetuity, the right to
construct, use, operate, own and maintain the storm drain and sewer facilities (the
"Facilities") on NCTD's property described in Exhibit "A" (the "Premises") subject to
applicable local, state and federal law and this Agreement.
2.2 Without reducing its power to adopt and enforce ordinances and
regulations necessary to the health, safety and welfare of the public, NCTD hereby
grants to Grantee authority to use certain public rights-of-way. The Facilities are
described in and shall be installed as is illustrated in Exhibit "B".
2.3 Grantee shall not increase or decrease or permit to be increased or
decreased the ground elevations of the Premises existing at the time this Easement is
executed.
3. Easement Not Exclusive
This Easement conferred in Section 2 above is non-exclusive. The Grantee shall
respect the rights and property of NCTD and other authorized users and owners of
rights-of-way, easements, power poles, street light poles, vaults, and conduits. Except
as otherwise required by applicable law, disputes between the Grantee and parties
other than NCTD over the use of the easements, power poles, street light poles, vaults,
conduits and other rights-of-way shall be submitted to NCTD for resolution. Grantee
expressly agrees the Facilities shall not interfere with any and all uses of the surface
property.
4. Relocation
The Grantee shall, after receiving written notice from NCTD, in a time and
manner mutually agreed upon, remove and relocate any City Facility(les) constructed
pursuant to this Easement Agreement that NCTD determines interferes with NCTD's
current or future use of its property for public transit purposes. Said City Facility(les)
may be relocated within NCTD's right-of-way if it is feasible to do so.
5. Amendment of Easement Agreement
Nothing shall preclude the parties from amending this Agreement in accordance
and consistent with the Policy.
6, Compensation
From and after the Effective Date of this Agreement and throughout the full term
of the Easement, the Grantee shall not be subject to an annual fee.
7. Compliance with Policies; Other Laws; Contracts; Severability
7.1 The Grantee agrees to comply with all applicable terms, conditions and
requirements of NCTD's policies regarding rights-of-way and other NCTD ordinances,
rules and regulations, unless specificalty amended herein; and to comply with all
applicable laws and regulations of the federal, state, county, local governments and all
administrative agencies thereof, including but not limited to judicial orders.
7.2 If any provision of this Agreement or any related agreement is held by any
court or by any federal, state, or county agency of competent jurisdiction to be invalid as
conflicting with any federal~ state or county law, rule or regulation or contract now or
hereafter in effect, or is held by such county or agency to be modified in any way in
order to conform to the requirements of any such law, rules and regulations or contract,
said provision shall be considered as a separate, distinct and independent part of this or
such other Agreement, and such holding shall not affect the validity and enforceability of
all other provisions hereof or thereof. In the event that such law, rules and regulations
or contract, is subsequently repealed, rescinded, amended or otherwise changed, so
that the provision hereof or thereof which had been held invalid or modified is no longer
in conflict with the law, rules and regulations or contract then in effect, said provision
shall thereupon return to full force and effect and shall thereafter be binding on the
parties hereto, provided that NCTD shall give the Grantee sixty (60) days' written notice
of such change before requiring compliance with said provision.
7.3 Grantee shall not use, generate, store, release or dispose of any
hazardous material or substance on, under, about or within the Premises in violation of
any law or regulation. Hazardous material or substance shall mean petroleum or any
petroleum product, lead, asbestos, or any substance known by the State of California to
cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that
is described as hazardous, toxic or dangerous in any applicable federal, state or local
law or regulation.
8. Indemnification
Grantee agrees to protect, save, defend and hold harmless NCTD and its Board
and each member of the Board, the San Diego Northern Railroad, the National Railroad
Passenger Corporation ("AMTRAK") and the Burlington Northern Santa Fe Railway
Company ("BNSF"), their officers, agents and employees from any and all claims,
liabilities, expenses and damages of any nature, including attorneys' fees, for injury or
death of any person, or damage to property, or interference of use of property, arising
out of or in any way connected with the negligent acts, errors, or omissions or wilful
misconduct by Grantee, Grantee's agents, officers, employees, subconsultants, or
independent consultant's hired by Grantee. The only exception to Grantee's
responsibility to protect, save, defend and hold harmless NCTD, is due to the sole
negligence, wilful misconduct or active negligence of NCTD. This hold harmless
agreement shall apply to all liability regardless of whether any insurance policies apply.
Any policy limits shall not limit the amount of indemnification to be provided by Grantee.
9. Taxes
Nothing contained in this Agreement shall be construed to exempt the Grantee
from any tax levy or assessment which is or may be hereafter lawfully imposed. Notice
is hereby given pursuant to Revenue and Tax Code Article 107.6 that this Easement
may create a property interest subject to property taxation and may subject Grantee to
the payment of property taxes levied on such interest.
10. Condemnation
If all or part of the Premises is acquired by eminent domain or purchase in lieu
thereof, Grantee acknowledges that it will have no claim to any compensation awarded
for the taking of the Premises or any portion thereof, including Grantee's interest in the
Premises. Grantee also acknowledges that it will have no claim to any compensation
paid as severance damages, or for loss of or damage to Grantee's improvements.
11. Relocation Assistance Waiver
Grantee is hereby informed and acknowledges the following:
11.1 By entering into this Easement, Grantee may become entitled to receipt of
"relocation assistance benefits" ("Relocation Benefits") pursuant to the Federal Uniform
Relocation Assistance Act (42 U.S.C. § 4601 et seq.) and/or the California Relocation
Assistance law (Cal. Gov. Code § 7260 et seq.) (collectively, the "Relocation Statutes"),
if NCTD makes use of the Premises in such a way as to 'displace' Grantee from the
Premises. Pursuant to the Relocation Statutes, NCTD may become obligated to make
relocation benefit payments to Grantee even when displacement of Grantee does not
otherwise constitute a default of NCTD's obligations pursuant to this Easement.
11.2 Relocation Benefits payments to "displaced persons" may include
payment of (i) the actual and reasonable expense of moving himself or herself and a
family, business, or farm operation, including personal property, (ii) the actual cost of re-
establishing a business or farm operation, but not to exceed Ten Thousand Dollars
($10,000) or (iii) payment in lieu of moving expenses of not less than One Thousand
Dollars ($1,000) or no more than Twenty Thousand Dollars ($20,000).
11.3 In consideration of NCTD's agreement to enter into this Easement,
Grantee hereby waives any and all rights it may now have, or hereafter obtain, to
Relocation Benefits arising out of its occupancy of the Premises pursuant to this
Easement and reteases NCTD from any liability for payment thereof. Grantee, further,
shall in the future execute any further documentation of the release and waiver provided
hereby as NCTD may reasonably require.
12. Vibration and Noise From Train Operations
Grantee hereby recognizes and acknowledges that railroad tracks are located on
or adjacent to the Premises, and that the operation of trains over the tracks does and
will produce vibrations and noise levels which may be considered objectionable by the
employees, agents, tenants, or invitees of the Grantee. With knowledge and
understanding of these facts, Grantee by execution of this Agreement, accepts the
Premises and agrees that no legal action or complaint of any kind whatsoever shall be
instituted against NCTD by Grantee or on Grantee's behalf as result of vibrations and
noise levels or as a result of the use of the railroad tracks in general. Grantee also
agrees to indemnify and save harmless NCTD against any loss, damage, liability or
expense which might occur as a result of such action being taken by Grantee, its
employees, agents, tenants or invitees or anyone on Grantee's behalf. The term
"NCTD" as used in this Section includes any railroad company operation on tracks.
13. Construction
13.1 Any work performed or caused to be performed by Grantee on the
Premises shall be performed (a) at Grantee's sole cost and expense; (b) in accordance
with any and all applicable laws, rules and regulations (including NCTD's rules and
regulations) and (c) in a manner that is satisfactory to NCTD and which meets or
exceeds the then applicable standards of the industry for such work. Grantee shall
submit work plans to NCTD for review and approval prior to commencement of any
construction, reconstruction, installation, restoration, alteration, repair, replacement or
removal (other than normal maintenance) (hereinafter, "Work") on the Premises.
Except in cases of emergency, Work must be carried out pursuant to work plans
approved in writing by NCTD. In addition, Grantee shall provide NCTD and all holders
of underground utility facilities located with the Premises with at least 7 calendar days
written notice prior to commencement of any Work on the Premises pursuant to Section
15 below. In the event of an emergency, Grantee shall notify NCTD's representative
personally or by telephone prior to commencing any Work. Upon completion of any
Work, Grantee shall restore the NCTD property to its condition immediately preceding
the commencement of the Work, unless otherwise requested by NCTD.
13.2 Non-interference. Grantee agrees that no Work by itself or its authorized
agent will interfere with any railroad operations on the right-of-way.
13.3 Reimbursement of NCTD. Grantee shall reimburse NCTD, within 30 days
of invoice, for all cost and expense incurred by NCTD (including a 7.2% administrative
fee) in connection with any Work. These costs include, but are not limited to,
consultants fees, mark out of railroad facilities, the expense of furnishing inspectors,
security and flag protection as NCTD deems necessary, the installation and removal of
false work beneath tracks, equipment rentals and restoration of NCTD right-of-way to
the same condition as when Grantee entered thereon.
13.4 Flag Protection. Flag Protection shall be required when Grantee's
operations on or adjacent to the railroad right-of-way present a danger to NCTD's rail
facilities. NCTD in its sole discretion, shall determine the need for Flag Protection.
13.5 Crossing Right-of-Way. No vehicular crossing over NCTD's tracks shall
be installed or used by Grantee without prior written permission of NCTD.
13.6 NCTD shall have the right to enter the Premises to post notices of non-
responsibility. Grantee shall not permit any mechanics' or other liens to be filed against
the Premises or against its interest herein by reason of labor and materials furnished to
the Premises at Grantee's insistence or request. If any such lien is filed against the
Premises, Grantee shall cause the lien to be discharged of record, either by payment of
the claim or by posting and recording a bond pursuant to California Civil Code 3143,
within twenty (20) days after demand by NCTD. Grantee shall indemnify, hold harmless
and defend NCTD from and against any such lien.
13.7 The Grantee shall pay for any grade crossing protection and safety
devices that NCTD is required to install as a result of this Easement pursuant to the
safety rules, regulations and laws of the State of California, the California Public Utilities
Commission or any other governmental agency having jurisdiction over railroad safety
requirements.
13.8 If required by NCTD, Grantee shall, at its sole cost and expense, install
barrier fencing, K-rail and/or landscaping to shield the railroad track area from public
access and/or the improvements thereon from public view. NCTD shall have the right to
review and approve fencing and/or landscaping plans prior to installation. Grantee shall
not install or use any underground storage tanks on the Premises.
13.9 Grantee shall provide NCTD with the results of all tests and studies
conducted on NCTD property.
13.10 Notice of Construction. At least 7 days prior to the start of any work on the
right-of-way, Grantee shall provide notice to NCTD's Real Estate Department (760) 966-
6504 (810 Mission Ave., Oceanside, CA 92054).
13.11 Notice of Excavation. Grantee shall provide notice to DIG-ALERT at (800)
422-4133 and to MCI Telecommunications Corporation at (888) 258-0808 prior to any
excavation in the Right-of-Way.
14. Maintenance and Repair
Grantee shall, at its sole expense, maintain the Premises in a condition
satisfactory to NCTD during the term of this Agreement including performance of all
maintenance and clean-up of the Premises and any improvements thereon as
necessary to keep both in good order and condition, in accordance with applicable
governmental codes. Grantee shall be responsible for any citations issued by any
agency having jurisdiction as a result of Grantee's failure to comply with local codes.
15. Service of Notice
15.1 Except as otherwise provided in Article 15, all notices required or
permitted to be given to either party by the other party under any provisions of this
Agreement shall be in writing and shall be deemed served:
a) When delivered by hand or by Federal Express or similar service to
that party's address set forth below during normal business hours; or
b) When mailed to any other person designated by that party in writing
herein to receive such notice, via certified mail, return receipt requested.
16.2 Notice shall be given to the following:
a) If to NCTD:
North San Diego County Transit Development Board
810 Mission Avenue
Oceanside, CA 92054
Attn: Real Estate Department
b) If to Grantee:
City of Encinitas
505 S. Vulcan Avenue
Encinitas, California 92024
Attn: Director of Engineering Services
17. Laws, Venues, and Attorneys' Fees
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement,
the action shall be brought in a state or federal court situated in the County of San
Diego, State of California. In the event of any claim, legal action or proceeding between
the parties arising under or concerning this License, the prevailing party shall be entitled
to reasonable attorneys' fees and expenses as part of the judgment resulting therefrom.
18. Acknowledgment that Terms are Understood
The Grantee acknowledges that it has read and fully understood the terms of
both the agreement and the ordinance and agrees to be bound by the same.
IN WITNESS THEREOF, the parties have signed below, effective as of the
Effective Date, by their duly authorized representatives.
North San Diego County Transit City of Encinitas
Development Board
T t e ~,~/'~,r'.,t/E O~',~c)'~,'t& Title:
/
-~tate of California ) CAPACITY
County of San Diego ) CLAIMED BY SIGNER
On~/~j. ///,2-_..~;/ before me, ,.k2~.,z2/-¢ 0¢- /://O~./o ~./~ INDIVIDUAL(S)
personally appeared~.lr/ C NA 'f LECFNOTARY
' OFFICER(S)
~ W~o NA.~,S) O~ S,ONE~,S) PARTNER(S)
personall~ kno R- proved to me of the basis of satisfactow A~ORNEY-IN-FACT
evidence to be the person(s) whose name(s~re subscribed to the TRUSTEE(S)
within in~ent and acknowledge to me th~she/the~cuted the SUBSCRIBING WITNESS
same i~edtheir authorized capaci~(ies), and that ~'/her/their GUARDIAN/CONSERVATOR
signature(s) on the instrument the person(s), or the entity upon behalf OTHER:
of which the person(s) acted, executed the instrument.
G ~.~NDA G MILLJOUR / NAME OF PERSON(S) OR ENTITY(lES)
~ ~ ~JNU~RY PUBLIC-CAUFORN
~ ~/ UOMM. NO. 12~2~
~ ~, ~/ SAN DIEGO COUN~
. X¢..~l~. O. 2003
Witness my ll~,,o ................ j
SiCnature of ~taw
THIS CERTIFICATE Title or Type of Document
MUST BE A~ACHED Number of Pages Date of Document
TO THE DOCUMENT Signer(s) Other Than Named Above
DESCRIBED AT RIGHT:
~ALIFORNIA ALL-PURPOSE~CKNOWLEDGM ENT
State of ~..I~F/~
County of ~. ~ ~
Date / Name and ~tIe of Officer (eg, "Jane Doe, Nota~Publ~c ')
personally appeared
.... ~a~e(s) ¢ Signer(s)
ersonally known to me
roved to me on the basis of satisfactow evidence
to be the person~hose name~is~ subscribed to the
~~I within instrument and acknowledged to me that he/~
executed the same in his/~ authorized capacity),
and that by his~ signature~on the instrument the
~ ~ ~ ~ [ person~ or the entity upon behalf of which the person~
~ ~~~ acted, executed the instrument.
WITNESS my hand and official seal.
gnature of Nota~ Public
OPTIONAL
Though the info.at[on be/ow is not required by law, it may prove valuab/e to pe~ons relying on the document and could prevent
fraudulent removal and reaffachment of this form to another document.
Description of A~ached Document
Document ~te: ~a :O~¢~
Signer(s) Other Than Named Above:
Oapa~ity(i~s) Olai~d by Signer(s}
~r's Name: Signer's Name:~:
: : Individual
: Cor ~ Corporat~ Officer
~ Padner~ fited ~ General ~ Padner~ Limited ~ General
~ ~ A~orney-in-Fact
~ Trustee ~ Trustee
~ Guardian or ~ Guardian or Conse~ator
~ Other: ~op of thumb here ~ Other:
Signer Is Representing: Signer Is Representing:
~EuEGo~E~ ~0~ ~
National Nota~ ~sociation * 8236 Remmet Ave., ~O Box 7184 · Canoga Pa~, CA 91309+71~ Prod. No. 5907 Reorder: C~ll Toll-Free 1-800-876-68~7
FI< AND SHI~ CITY OF
ENCINITAS CONTP~L PT. 10 ~D, AI~'~&.~ ~ PLAT
'~2'O~"W 1~01.01'
POI]~l' OF N16 '56'21"W 456. :13'
GRAHDVIEH N15 '0:3 '20"H 1084.75'
S62 '51
15.31'
Nt5 '03' 20"W 2479.76'
PAILROAD
RIGHT OF HAY
JASON ST
~INE 20.00' WIDE
S74 '56' 40"W :14.95
N~.5 '03' 20"W 1600.96'
PHOEBE ST
S74 'Sfi' 4B"W t4.~8
Nt3 '45 't3"W 440.10'
JASPER ST
N'I5 '03 '20"W 239.t0'
LEUCADIA BLVD -- N74 '56 '40"E 28.21'
$74 '56' 43"W '15. O0 ' '47"W 308.54'
~A ST 03 '20"1/t25.37'
A: 8'42' 13"
F1=5765.00' A--875.74'
N62'06'23"E 5.33'
S66 '08' 30"W t5.00
CADMUS ST '53 '37"~ 79.48'
~-- 4 '08'06"
R:5765.00' A=416.05' W 438.48'
N27 '53'37"¥,1 N25 '28'30"W 438.87'
N28 '4t '44"W 3:140.68'
S62'06'23"W ~.5.00' --
S62 '06 '23"W 80.00' 1/2' REBAR WITH 2" CAP
J,t(D. ENC TC !
POINT I]F ~I~II~'¢IN~ PE 815
LEGAL DESCRIPTION
AN EASEMENT FOR STORMDRAIN PURPOSES OVER, UNDER, ALONG AND
ACROSS A STRIP OF LAND 20.00 FEET WIDE WITHIN THAT PORTION
OF THE NORTH COUNTY TRANSIT DISTRICT RAILROAD RIGHT OF WAY
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, LYING BETWEEN MILE POST'S 238 AND 241, THE
CENTER_LINE OF SAID STRIP DESCRIBED AS FOLLOWS.
COMMENCING AT THE CITY OF ENCINITAS CONTROL POINT NO TC1,
SAID POINT HAVING COORDINATES N 1963443.21, E 6241950.84
ZONE 6 NAD 83 DATUM; THENCE NORTH 28°41'44" WEST, A
DISTANCE OF 3140.68 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 25o28'30" WEST, A DISTANCE OF 438.87 FEET;
THENCE NORTH 27°53'37" WEST, A DISTANCE OF 438.48 FEET TO A
POINT HEREINAFTER DESIGNATED AS POINT "A"; THENCE SOUTH
62°06'23" WEST, A DISTANCE OF 80.00 FEET TO A POINT
HEREINAFTER DESIGNATED AS POINT "B"; THENCE NORTH 27°53'37"
WEST, A DISTANCE OF 35.42 FEET TO THE BEGINNING OF A
5765.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 416.05
FEET THROUGH A CENTRAL ANGLE OF 4°08'06'' TO A POINT
HEREINAFTER DESIGNATED AS POINT "C" THENCE CONTINUING ALONG
THE ARC OF SAID CURVE 875.74 FEET THROUGH A CENTRAL ANGLE
OF 8°42'13" THENCE TANGENT TO SAID CURVE, NORTH 15003'20"
WEST A DISTANCE OF 25.37 FEET; TO A POINT HEREINAFTER
DESIGNATED AS PONT "D"; THENCE NORTH 16o54'47" WEST, A
DISTANCE OF 308.54 FEET, TO A POINT HEREINAFTER DESIGNATED
AS POINT "E "; THENCE NORTH 15o03'20" WEST, A DISTANCE OF
239.10 FEET; THENCE NORTH 13°45'13" WEST, A DISTANCE OF 440.10
FEET; TO A POINT HEREINAFTER DESIGNATED AS POINT "F"; THENCE
NORTH 15o03'20' WEST, A DISTANCE OF 1660.96 FEET TO A POINT
HEREINAFTER DESIGNATED AS POINT "G"; THENCE NORTH
15° 03'20" WEST, A DISTANCE OF 2479.76 FEET TO POINT
HEREINAFTER DESIGNATED AS POINT "H "; THENCE NORTH
15°03'20'' WEST, A DISTANCE OF 1084.75 FEET; THENCE NORTH
16°56'21" WEST, A DISTANCE OF 456.13 FEET TO THE POINT OF
TERMINUS IN THE WESTERLY LINE OF SAID RAILROAD RIGHT OF
WAY; SAID POINT BEARS SOUTH 31 °12'05' EAST, A DISTANCE OF
1101.01 FEET FROM CITY OF ENCINITAS CONTROL POINT NO 3
HAVING COORDINATES OF N 1975519.70 E 6237181.60 ZONE 6
NAD 83 DATUM.
THE SIDELINES OF SAID EASEMENT TO BE PROLONGED OR SHORTENED
TO BEGIIW IN A LINE THAT BEARS NORTH 64°31 '30" EAST AND PASSES
THROUGH THE POINT OF BEGINNING AND TERMINATE NORTHWESTERLY
IN THE WESTERLY LINE OF SAID RIGHT OF WAY.
TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE, THE
CENTERLINE OF SAID STRIP BEGIIWNING AT THE AFORESAID POINT
"A"; THENCE NORTH 27°53'37" WEST, A DISTANCE OF 79.48 FEET;
THENCE NORTH 62°06'23" EAST, A DISTANCE OF 5.33 FEET;
ALSO TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE, THE
CENTERLINE OF SAID STRIP BEGINNING AT THE AFORESAID POINT
"B"; THENCE SOUTH 62°06'23" WEST, A DISTANCE OF 15.00 FEET;
ALSO TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE, THE
CENTER.LINE OF SAID STRIP BEGINNING AT THE AFORESAID POllWT
"C"; THENCE SOUTH 66008'30, WEST, A DISTANCE OF 15.00 FEET
ALSO TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE, THE
CENTERLINE OF SAID STRIP BEGINNING AT THE AFORESAID POINT
"D"; THENCE SOUTH 74°56'43" WEST, A DISTANCE OF 15.00 FEET
ALSO TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE, THE
CENTERLINE OF SAID STRIP BEGINNING AT THE AFORESAID POINT
"E"; THENCE NORTH 74°56'40" EAST, A DISTANCE OF 28.21 FEET
ALSO TOGETHER WITH A STRIP OF LAND 20.00 WIDE, THE
CENTERLINE OF SAID STRIP BEGINNING AT THE AFORESAID POINT
"F'; THENCE SOUTH 74°56'48" WEST, A DISTANCE OF 14.98 FEET;
ALSO TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE, THE
CENTER.LINE OF SAID STRIP BEGINNING AT THE AFORESAID POINT
"G"; THENCE SOUTH 74°56'40" WEST, A DISTANCE OF 14.95 FEET
ALSO TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE, THE
CENTERLINE OF SAID STRIP BEGINNING AT THE AFORESAID POINT
"H"; THENCE SOUTH 62°51'00" WEST, A DISTANCE OF 15.31 FEET
THE SIDELINES OF SAID STRIPS BEGINNING AT SAID POINTS "B" THROUGH "D"
AND "F" THROUGH "H" TO BE PROLONGED OR SHORTENED TO TERMINATE
WESTERLY IN THE WESTERLY LINE OF SAID RAILROAD RIGHT OF WAY.
THE SIDELINES OF SAID STRIP BEGINNING AT SAID POINT "A" TO BE
PROLONGED OR SHORTENED TO TERMINATE EASTERLY IN THE EASTERLY LINE
OF SAID RAILROAD RIGHT OF WAY.
THE SDELINES OF SAID STRIP BEGINNING AT SAID POINT "E" TO BE PROLONGED
OR SHORTENED TO TERMINATE IN A LINE THAT BEARS NORTH 15°03'20" WEST
AND PASSES THROUGH THE POINT OF TERMINUS OF CENTERLINE OF SAID STRIP.