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HomeMy WebLinkAboutIII (E2) Approval and Authorization for Mayor and City Clerk to execute Necessary Documents for Maguire Road Widening Project: Agreements with Colonial Bank Agenda 8-01-2000 Item III E 2 FOLEY & LARDNER CHICAGO POST OFFICE BOX 2 193 SACRAMENTO DENVER ORLANDO. FLORIDA 32802-2193 SAN DIFGO JACKSONVILLE I I I NORTH ORANGE AVENUE. SURE 1800 SAN FRANCISCO LOS ANGELES ORLANDO. FLORIDA 3280I-2388 TALLAHASSEE MADISON TELEPHONE 14O71423-7656 TAMPA MILWAUKEE FACSIMILE: 1407/648-1743 WASHINGTON, D.C. ORLANDO WEST PALM BEACH WRITERS DIRECT LINE (407)423-7656 EMAIL ADDRESS CLIENT/MATTER NUMBER mdoty@foleylaw.com 020377-0284 MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Assistant City Attorney THROUGH: Paul E. Rosenthal, City Attorney DATE: July 24, 2000 RE: Maguire Road Widening Project: Colonial Bank Based on the Project design prepared by PEC, the City needs to acquire a Non-Exclusive Temporary Easement Agreement and a Non-Exclusive Perpetual Slope and Drainage Easement from Colonial Bank (the "Colonial Bank"), a property owner along Maguire Road. Colonial Bank refused to convey these interests to the City for the standard $250.00 and demanded to be paid for the easements based on an appraised value. After negotiations with in-house counsel, Colonial Bank has now agreed to convey the necessary easements for a $7,039.36 transportation impact fee credit with a seven year limitation. For the reasons set forth below, City Staff recommends approval of these terms. In 1996 Colonial Bank's predecessor in interest, United American Bank, was pursuing a small expansion to the bank building on Maguire Road. To that end, United American Bank purchased a Transportation Capacity Reservation Certificate from the City and paid a reservation fee to the City in the amount of $7,039.36. The expansion plans were put on hold due in part to the merger of United American Bank into Colonial Bank. The Transportation Capacity Reservation Certificate expired in March 1999. Colonial Bank is now reconsidering the small expansion to the bank building to add office space for its employees. In lieu of a cash payment for the appraised value of the two necessary easements, Colonial Bank has asked for an impact fee credit in the amount of $7,039.36, the amount forfeited to the City through the expired certificate. 006.188441 ESTABLISHED 1842 S Q A MFMRERCS GLOBALE%WITH MEMBER OFFICES IN BERLN. BRUSSELS,Deanr,, FRmKEURS LONDON,S!NLPPJHL,STOco OLM AND SrvnGART ���/) FOLEY & LARDNER The Honorable Mayor and City Commissioners of the City of Ocoee July 24, 2000 Page 2 As you know, the City did not obtain appraisals of any of the easement interests along Maguire Road because most of them were temporary and were deemed to have little impact on the property owner. In the case of Colonial Bank the City does need a permanent easement, specifically a slope and drainage easement. In my opinion the cost of obtaining an appraisal and the appraised value of the necessary interests in the Colonial Bank property would approximate or possibly exceed the requested $7,039.36 transportation impact fee credit. Further, the granting of the impact fee credit is not a cash outlay to the City at this time. RECOMMENDATION: It is respectfully recommended that the Mayor and City Commissioners approve: 1. The Non-Exclusive Temporary Easement Agreement and Non-Exclusive Perpetual Slope and Drainage Easement, authorizing execution thereof by the Mayor and City Clerk; and 2. The granting of a $7,039.36 transportation impact fee credit to Colonial Bank as full payment for the conveyance of the easements. c: Ellis Shapiro, City Manager James W. Shira, P.E., City Engineer 006.188441 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Mary A.Doty,Esq. FOLEY &LARDNER 111 North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 For Recording Purposes Only TCE-37 NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made and entered into this day of 2000, by and between COLONIAL BANK, whose address is 105 W. Colonial Drive, Orlando, Florida 32801-1328 (hereinafter referred to as the "Grantor"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, FL 34761, (hereinafter referred to as the "Grantee"). WITNESS ET II: WHEREAS, Grantor is the owner of that certain real property located in Orange County, Florida, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Easement Property"); and WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey to Grantee, a non-exclusive temporary easement over, upon and across the Easement Property for the specific and limited purposes hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. The above recitals are true and correct, form a material part of this Agreement and are incorporated herein by reference. Section 2. Grantor hereby gives, grants, bargains, sells, and conveys to Grantee a non-exclusive temporary easement over, upon and across the Easement Property for the purposes hereinafter stated (the "Easement"), all subject to the terms, conditions, and limitations set forth herein. Section 3. Grantor hereby represents to Grantee that Grantor has fee title to the Easement Property, subject to easements, reservations, restrictions, and rights-of- way of record, if any, and the Grantor has full power and authority to grant this Easement as to the Easement Property. Section 4. Grantee's use of the Easement Property shall be for the purpose of Grantee, through itself, its agents, contractors, consultants and employees: (a) performing such activities on the Easement Property as Grantee may deem reasonably necessary in connection with the design, engineering, and construction of improvements to a certain roadway known as Maguire Road which is located adjacent to and in the vicinity of the Easement Property, and (b) tying in and harmonizing the Easement Property and the driveways, walkways, and other improvements thereon with the construction of the Maguire Road Widening Project (the "Project") undertaken by the City in conjunction with the aforesaid activities on the Easement Property. Notwithstanding the foregoing, this Easement is granted upon the condition that the sloping and/or grading upon the Easement Property shall not extend beyond the Easement Property and that all grading or sloping shall conform to all existing structural improvements within the Easement Property and all work will be performed in such a manner that existing structural improvements will not be damaged. Section 5. This Easement is non-exclusive, and Grantor reserves to itself, its successors and assigns, the non-exclusive right to use, pass and repass over and upon the Easement Property. Each party shall use the rights granted and reserved by this Easement Agreement with due regard to the rights of the other party to use and enjoy the Easement Property. Section 6. The Easement shall terminate upon the earlier of (a) the completion of the construction of the Project as certified by the City, or (b) December 31, 2001. Upon termination of the Easement, Grantee shall record a Notice of Termination in the Public Records of Orange County, Florida. Section 7. Grantee shall, at its sole cost and expense, restore any improvements on the Easement Property that are damaged by Grantee incident to its construction of the Project to a condition which approximates as closely as is reasonably practicable the condition of said improvements prior to being damaged by Grantee. Section 8. To the extent permitted by law, the Grantee agrees to indemnify and hold harmless the Grantor from and against any and all claims, actions, causes of action, loss, damage, injury, liability, cost or expense, including without limitation attorneys' fees (whether incurred before, during or after trial, or upon any appellate level), arising from the Grantee's use of the Easement Property or from the exercise by the Grantee of any rights granted by this Easement Agreement. 006.1 a]995 '- Section 9. To the extent that any rules, regulations or ordinances of the Grantee or any previously existing development approvals or any agreement between the Grantor (or its predecessors in interest) and the Grantee require that certain improvements, including but not limited to walls, signage, landscaping, irrigation and berming, be constructed or installed within all or any portion of the Easement Property, the Grantor agrees that it shall not construct or install any such improvements within the Easement Property until the earlier of (i) the date of termination of this Easement Agreement, or (ii) the written approval by the Grantee of a specific improvement within the Easement Property. The aforementioned restrictions may be waived by Grantee in whole or in part, at the Grantee's option. The Grantor may from time-to-time request the approval of Grantee to construct or install certain improvements within the Easement Property and Grantee covenants and agrees to grant such approval unless the Grantee makes a good faith determination that such improvement will interfere with the exercise by Grantee of its rights and privileges under the terms of this Easement Agreement. Grantee covenants and agrees that it will not defer or delay the issuance to Grantor of any building permits, certificates of completion or certificates of occupancy because of the inability of the Grantor to complete improvements within the Easement Property due to the restrictions imposed by this Easement Agreement; provided, however, that the Grantor shall, at Grantor's sole cost and expense, promptly complete any such deferred or delayed improvements upon the termination of this Easement Agreement or the waiver of such restriction by the Grantee. Nothing contained in this Section shall be construed to release or discharge the Grantor from any of its obligations and responsibilities with respect to improvements to be constructed or installed within the Easement Property. This Section is intended only to affect the timing of the Grantor's compliance with any such obligations and responsibilities. Section 10. The Easement shall be binding upon and inure to the benefit of the parties specified herein, their respective legal representatives, successors and assigns, and the benefits and burdens hereof shall run with the Easement Property. Section 11. This Easement Agreement may be modified or amended only upon the mutual written consent of Grantee and Grantor, or their respective legal representatives, successors and assigns. 3 006.187995 IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Easement Agreement to be executed as of the day and year first above written. Signed, sealed and delivered GRANTOR: in the presence of: COLONIAL BANK • w By: ii t(9 Punt a e A a r ri✓ Fa'kt �e+7 Name: e Print Name Title: Fa STATE OF (— COUNTY OF nn-Vganrn' The foregoing instrument was acknow�l�,e!d$ed beforeor�� a this ?/ day of 2000, by 1,.� , tJJ (l J , as of COLONIAL BANK. He/She is [personally known to me or has produced as identification. WITNESS i,Xdddd m y hand and official seal in the County and State aforesaid this �/ '� day of ,/ 2000. Notary Publi c] fli(W (. [difiicc Print Name My Commission Expires: /Zl/Z/Z 000 a 006.187995 "- Signed, sealed and delivered GRANTEE: in the presence of: CITY OF OCOEE, a Florida municipal Corporation By: Print Name Name: S. Scott Vandergrift Title: Mayor Print Name Attest: Name: Title: City Clerk [Affix Seal] FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON UNDER LEGALITY THIS DAY OF AGENDA ITEM NO. 2000. By: Foley & Lardner City Attorney STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of 2000, by S. Scott Vandergrift, as Mayor of the City of Ocoee. He is ❑ personally known to me or ❑ has produced as identification. WITNESS my hand and official seal in the County and State aforesaid this day of 2000. Notary Public Print Name My Commission Expires: 5 006.187995 Exhibit A TCE-37 LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) Page 1 of 2 That part of Section 29, Townsnip 22 South, Range 28 East, Orange County, Florida, being more particulc described as follows: Commencing at the intersection of the North right of way I ne of Professional Parkway and the East right way line of Maguire Rood; thence North 01'07'25 East a distance of 370 66 feet along said East right ar way line to a point of curvature of a curve concave to the West, having a radius of 5769.65 feet, a cent': angle of 00'48'28 a chord of 81.34 feet that bears North 00'43'1 I" East, thence northerly along the aforesaid east right of way line and the arc of said curve 81.34 feet to the POINT OF BEGINNING, thence continuing along said right of way line and o curve concave to the west. having a radius of 5769.65 fee:. central angle of 00'47'313, a chord of 79.75 feet that bears North 00'04'48' West. thence northerly along said right of way line and arc of sold curve 79.75 feet: thence leaving said right of way line North 89131'26' East o distance of 10.00 feet to a point of curvature of a curve concave to the west, having a radius of 5779.65 feet, a central angle of 00147'31 a chord of 79.89 feet that bears South 00994'48" East; thence southerly 79.89 feet along the arc of said curve and a line being 10.00 feet east of and parallel with aforesaid East right of way line to a point; thence North 89'41103" West a distance of 10.00 feet to a point on the aforesoia Lost right of way line of Maguire Road and the POINT OF BEGINNING. CONTAINING 789 square feet. more or less. SURVEYORS REPORT 1. The bearings shown hereon ore based on the baseline of Maguire Road from Station 199r00 to station 200i00. being North O1'07'25" East. 2. See Sheet 2 of 2 for Sketch of Description. Dote: CERT NO L52108 LEGAL DESCRIPTION August 31. 1999 C FOR Job No.. Scale. sS — 45800032 NOT TO SCALE Professional Engineering Consultants. Inc. SOUTHEASrERr SURVEYING & MAPPING G04= CH. 61017-6, Florida Administrative 324 N. Orlando Avenue Code requires that a legal description Maitland. Florida 32751 drawing bear the notation that 407/647-8898 THIS IS NOT A SURVEY. g l GAR B. KRICK Rrus[RM SAND suevr,OR NO. e2e5 • Exhibit A SKETCH OF DESCRIPTION TCE-37 Page 2 of 2 STATE ROAD 50 TEMPORARY 59312CE CONSTRUCTION EASEMENT 10.00' L=79.89' L=79.75' , R=5779.65. R=5769.65' t=00'47'31' A=00'47'31" CB=500.04'48-E CB=N00'04'48"W „1 CHORD=79-89' CHORD=79.75' o _ID.oD EAST OF AND ol �10.00' PARALLEL WITH EAST RIGHT OF WAY LINE N89'41'03"W POINT OF BEGINNING QN P O QN L=7136' l' \ R=5T69.65' O p=DP48'28" CCHOR00=B1I34E 1:\3/4\ j VI NOT � 'rn PLATTED \ NJ w 1., =100 ' a w JLO GRAPHIC SCALE C` LLI w m In Do S 0 50 100 200 F- hi 1 o Qry - • LIJ 0 a z `s rN S Q a o o m m POINT OF COMMENCEMENT NORTH RIGHT OF WAY LINE co PROFESSIONAL PKWY. ABBREVIATIONS'. I R/W = RIGHT OF WAY L = LENGTH OF CURVE R = RADIUS A = CENTRAL ANGLE CB = CHORD BEARING N = NORTH O E = EAST W = WEST R9 B = SOUTH P.C. = POINT OF CURVATURE \ Drawing No. 45600032 SOUTHEASTERN North SURVEYING Orlando Av MAPPING CORP. 324 ue Job No. 45800 Maitland. Florida 32?51-4702 Date'. August 31. 1999 (407)647-61390 rax(407)647-1667 Sheer 2 0l 2 e-mailasntc960aol corn Cert No. LB-2106 See Sheet 1 for Legal Description • THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Mary A. Doty,Esq. FOLEY&LARDNER III North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando, FL 32 8 02-2 1 93 (407)423-7656 For Recording Purposes Only SE/DE-1 NON-EXCLUSIVE PERPETUAL SLOPE AND DRAINAGE EASEMENT AGREEMENT THIS NON-EXCLUSIVE PERPETUAL SLOPE AND DRAINAGE EASEMENT AGREEMENT is made and entered into this day of 2000, by and between COLONIAL BANK, whose address is 105 W. Colonial Drive, Orlando, Florida 32801-1328 (hereinafter referred to as the "Grantor"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, FL 34761, (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Orange County, Florida, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Easement Property"); and WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey to Grantee, a non-exclusive perpetual slope and drainage easement over, upon, and across the Easement Property for the specific and limited purposes hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. The above recitals are true and correct, form a material pan of this Agreement and are incorporated herein by reference. Section 2. Grantor hereby gives, grants, bargains, sells, and conveys to Grantee a non-exclusive perpetual slope and drainage easement over, upon and across the Easement Property for the purposes hereinafter stated (the "Easement"), all subject to the terms, conditions, and limitations set forth herein. Section 3. Grantor hereby represents to Grantee that Grantor has fee title to the Easement Property, subject to easements, reservations, restrictions, and rights-of- way of record, if any, and the Grantor has full power and authority to grant this Easement as to the Easement Property. Section 4. Grantee's use of the Easement Property shall be for the purposes of: (1) Grantee, through itself, its agents, contractors, consultants, and employees constructing a side-slope to support the improvements to Maguire Road as part of the Maguire Road Widening Project, over, through, or under the Easement Property, with the privilege of entering upon said land for the purpose of maintaining, operating, and repairing said slope, together with the rights, easements, privileges, and appurtenances in or to said land which may be required for the full enjoyment of the rights herein granted; and (2) Grantee, through itself, its agents, contractors, consultants, and employees, constructing, operating, repairing, and maintaining drainage pipes and facilities and other related appurtenances in or to said land which may be required for the full enjoyment of the rights herein granted. Section 5. For the full enjoyment of the rights granted herein, the Grantee shall have the further right to trim, cut, or remove trees, bushes, undergrowth, and other obstructions or improvements interfering with the location, construction, and maintenance of the slope improvements and drainage facilities. Section 6. This Easement is non-exclusive, and Grantor reserves to itself, its successors and assigns, the non-exclusive right to use, pass and repass over and upon the Easement Property. Each party shall use the rights granted and reserved by this Easement Agreement with due regard to the rights of the other party to use and enjoy the Easement Property. Grantor, however, shall not construct, install, or place any improvements on, over, under, through, or across the Easement Property without the prior written consent of Grantee. Section 7. To the extent permitted by law, the Grantee agrees to indemnify and hold harmless the Grantor from and against any and all claims, actions, causes of action, loss, damage, injury, liability, cost or expense, including without limitation attorneys' fees (whether incurred before, during or after trial, or upon any appellate level), arising from the Grantee's use of the Easement Property or from the exercise by the Grantee of any rights granted by this Easement Agreement. Section 8. The Easement shall be binding upon and inure to the benefit of the parties specified herein, their respective legal representatives, successors and assigns, and the benefits and burdens hereof shall run with the Easement Property. Section 9. This Easement Agreement may be modified or amended only upon the mutual written consent of Grantee and Grantor, or their respective legal representatives, successors and assigns. 2 006.156795.1 - IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Easement Agreement to be executed as of the day and year first above written. Signed, sealed and delivered GRANTOR: in the presence of: COLONIAL BANK 5 ,� By: P/ a � Print e )J P A r Name: fr. F/aMt c'aed Title: GFo Print Name STATE OF F m COUNTY OF ey The foregoing instrument w s a knowled�e before me this _+day of 2000,K. by �, ` pe y as as of O IAL BANK. He/ e .[/personally known to me or has produced as identification. WITtSS my hand and official seal in the County and State aforresaaid this 9/ s day of , .a/, 2000. arp{ Notary Publ fenn;Ire'CC ,Collin c Print Name My Commission Expires: /Z//2/2000 3 006.156795.1 Signed, sealed and delivered GRANTEE: in the presence of: CITY OF OCOEE, a Florida municipal Corporation By: Print Name Name: S. Scott Vandergrift Title: Mayor Print Name Attest: Name: Jean Grafton Title: City Clerk [Affix Seal] FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 2000 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. . 2000. By: Foley & Lardner City Attorney STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of 2000, by S. Scott Vandergrift, as Mayor of the City of Ocoee. He is ❑ personally known to me or ❑ has produced as identification. WITNESS my hand and official seal in the County and State aforesaid this day of 2000. Notary Public Print Name My Commission Expires: 4 006.156795.1 Exhibit A SE/DE-1 LEGAL DESCRIPTION (PROPOSED DRAINAGE AND SLOPE EASEMENT) Page 1 of2 That port of Section 29. Township 22 South, Range 28 East, Orange County. Florida, being more particularly described as follows. Commencing at the intersection of the North right of way line of Professional Parkway and the East right of way line of Maguire Road: thence North 01'07'25 East a distance of 370.66 feet along said East right of way line to a point of curvature of o curve concave to the West, having a radius of 5769.65 feet, a central angle of 01'42'00". a chord of 171 19 feet that bears North 00'16'25" East, thence northerly along the aforesaid east right of way line and the arc of said curve 171.20 feet to a point of tangency: thence continuing along said right of way line North 00'34'35" West a distance of 23.40 feet to the POINT OF BEGINNING. ;hence continuing along said right of way line North 00'34'35- West a distance of 66.20 feet, thence leaving said right of way line North 89'25'25" East a distance of IO.00feet ; thence South 00.34 35" East a distance of 66.20 feet along a line 10.00 feet east of and parallel with the aforesaid East right of way line: thence South 89"41 '03' West a distance of 10.00 feet to a point on the aforesaid East right of way line of Maguire Road and the POINT OF BEGINNING. CONTAINING 661 square feet, more or less. SURVEYORS REPORT I. The bearings shown hereon are based on the baseline of Maguire Road Irom Station 199+00 to Station 200+00. being North 01'07'25' East. 2. See sheet 2 of 2 for Sketch al Description. Dote. CERT. NO. L82108 45800 LEGAL DESCRIPTION August 31, 1999 FOR Job No.. Scale: 4_ f12/. •aiT^ _ 45800033 NOT TO SCALE Ili/J' a`a` Professional Engineering �n�``_ Consultants, Inc. SOUllEASTERN SURVEYING & MAPPING CORP CN. 6 WGI 7-6. Florida Admin'iatrative 324 N. Orlando Avenue code requires that o legal description Maitland, Florida 32751 orawoo bear the notation that 407/647-8898 THIS IS NOT A SURVEY. / CKGAR B. KRICK arunmrb LANO suvrvna NO. 4245 SKETCH OF DESCRIPTION SE/DE-1 Page 2 of 2 in N89'2525E PROPOSED DRAINAGE CR 0002 AND SLOPE EASEMENT in- In no o nED I CO p �O LINE 10.00 FEET EAST OF 0 _O ANO PARALLEL WITH THE N Z 10.00' EAST RIGHT OF WAY LINE P.r. ' 589'25'25"W k POINT OF BEGINNING N0034'35'w n CD23.40' N Li N a in R=5769.65' Q a d=0I 4200' J CB=NDO '25 la I6E d m CHORD=171.19' (5 wicr cr el RI NOT w Iz PLATTED zco- 3 \ ow e wm - N o wa p o W 1" =t00' w n a GRAPHIC SCALE oD (NT 0 50 100 200 Qo CN zPOINT OF COMMENCEMENT 04 CS z NORTH RIGHT OF WAY LINE TO (--- PROFESSIONAL PKWY. ABBREVIATIONS. I R/W = RIGHT OF WAY L - LENGTH OF CURVE R = RADIUS e = CENTRAL ANGLE CB = CHORD BEARING .wwi— H E LAST 4-�.-�;.. , . W = WEST g S SOUTH 1n nL l J nyLa PC. = POINT OF CURVATURE SCM �-_ Y P.T. = POINT OF TANGENCY SOUTHEASTERN SURVEYING & MAPPING CORP. Drawing No. 45800033 324 North Orlando Avenue Job No.45800 Maitland. Florida 32751-4702 Dote: August 31. 1999 (40])64]-6896 lex(407)847-1887 eel 2 at 2 e-mail semc960ool corn Cert. No. LB-2108 Se See Sheet 1 1or Legal Description -- _