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HomeMy WebLinkAbout1000-102.-4-6.2 . 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 6 Receipt Number : 07-0078602 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Recorded: At: LIBER: PAGE: Section: 102.00 EXAMINED Following Fees For Block: 04.00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO NO $18.00 $5.00 $0.00 $5.00 $0.00 Handling NYS SRCHG Notation RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 08/23/2007 11:36:01 AM D00012519 299 Lot: 006.002 $5.00 $15.00 $0.00 $50.00 $98.00 Exempt NO NO NO NO Number of pages o ~0 . This document will be public record. Please remove all Social Security Numbers prior to recording. RECOR[)ED 2007 Hug 23 11:36:01 RM Judith H. Pascale CLERK OF SUFFOLK COUfHY L [)00012519 P .;..,,, Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES 5. 00 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec} Assit. or Spec./ Add. TOT. MTG. TAX Dual Town _ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO Page / Filing Fee Handling 5. 00 TP-S84 Notation EA-52 17 (County) EA-S217(~~ R.P.T.S.A@ Comm. of Ed. Sub Total ,"SO ro Affidavit Certified Copy NYS Surcharge Other 1S. 00 Sub Total GrandTotaljJ ~ ~ If NO, see appropriate tax clause on page # 0 ins I Real Property Tax Service Agency Verification ODI.,.oo.2- -+- 1000 10200 0400 006002 1000 10200 0400 007001 5 Community Preservation Fund 4 Dist. lO( Consideration Amount $ CPF Tax Due $ 6 Satisfactions/Discharges/Releases List Property uwners Mailing Aoores> RECORD & RETURN TO: Improved Vacant Land TO WICKHAM, BRESSLER, GORDON & GEASA, p.c. 13015 MAIN ROAD, P.o. BOX 1424 llAITITUCK, N.'L 11952 TO TO . r..;..~ Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www.suffolkcountyny.gov/c1erk 7 Title Company Information 11901 Co. Name Title # 8 Co Suffolk County Recording & Endorsement Page This page forms part of the attached by: Declaration of Covenants and Restrictions (SPECIFY TYPE OF INSTRUMEND made Howard Simon and r .orraine r Simon and Michael Kaloski and Irene Kaloski The premises herein is situated in SUFFOLK COUNTY, NEW YORK. Town of So nth old Planning Hoard . ._ In the TOWN of Sonthold In the VILLAGE or HAMLET of rnt~ho!V'P. BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK iNK ONLY PRIOR TO RECORDING OR FILING. TO "ii (over) . . DECLARA TJON OF COVENANTS AND RESTRlCTIONS DECLARA TION, made this ~ day of July, 2007, by HOWARD SIMON AND LORRAINE L SIMON, residing at 27 Stacey Lane, Madison, Connecticut 06443, and MICHAEL KALOSKI and IRENE KALOSKI, residing at 1930 Alvah's Lane, Cutchogue, New York I 1935, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at Alvah's Lane, Cutchogue, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-102-4-62 and SCTM# 1000-] 02-4-7.1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property") and WHEREAS, the Declarant has made an application for and has received conditional approval from the Planning Board of the Town of South old for a subdivision of Tax Lot 62 into two (2) parcels and to increase the size of Tax Lot 7.1, as shown on map of "Minor Subdivision of Michael Kaloski Plat", prepared by Stanley Isaksen, LS" last dated Nov, 15,2006, which map will be filed in the office of the Suffolk County Clerk; and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval, the Planning Board has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed upon the Property, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk', Office, and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels, NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property shall hereafter be subject to the following covenants, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: . . 1. A portion of Lot 1 on the subdivision map is encumbered with a Drainage and Conservation Easement Agreement granted by the Declarant dated 5/31/2007 and intended to be recorded in the Suffolk County Clerk's Office simultaneously herewith. 2. Declarant agrees to: a) refrain from clearing the Property except to the extent permitted by Chapter 240-49 of the Southold Town Code; and (b) within areas in which clearing is restricted, to remove only such trees and vegetation as are dead or extensively damaged or diseased. The clearing restriction shall not apply to those portions of the Property which are in agricultural production. 3. Grantor agrees not to conduct or permit any activity within the Conservation Easement area which would change the grade within the Conservation Easement area. 4. These covenants and restrictions may be terminated, revoked, or amended only at the request of the then owner of the lot with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of South old, after a public hearing In addition, any modification of the restriction contained in Paragraph 3 herein shall require the consent of the Highway Superintendent of the Town of South old. 5. Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. 6. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them. 7. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court of competent jurisdiction, the same shall not affect the validity of these covenants as a whole or any . . other pal1 or provision hereof other than the paJ1 so adjudged to be illegal, unlawful, invalid, or unconstitutional. 8. The alorementioned Restrictive Covenants are intended for the benefit of aJld shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southo!d or any officer or employee thereof. 9. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be' incorporated herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration on the day and year first above written. =- orraine 1. Simon 1?1~/r~~ Midhael Kaloski ~fdJ. Irene Kaloski . ST A TE OF NEW YORK: :55.: COUNTY OF SUFFOLK: On July 3'~ . in the year 2007. hefore me, the undersigned, a Notary Public in and for said State, personally appeared Howard Simon and Lorraine I. Simon, personally known to me or proved to m~ on the basis of satisfactory evidence that they executed the same in their capacity and that by their signatures on the instrument. the individuals, or the person or entity upon behalf of which the individuals acted. executed the instrument. If'! ~ltJu1L ot . ..Public____.__.._____~__ STATE OF NEW YORK: ABIGAIL A. WiCKHAM Notary Public, State of New Yorl< No. 52.464287' Qualified in Suffolk County 1DCfl Commission hprres Sapt. 30, 1-9-C :ss.: COUNTY OF SUFFOLK: ..-~ On July 3 , in the year 20( personally appeared Michael I< the basis of satisfactory eviden signatures on the instrument, 11 individuals acted. executed th, COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK 55.: \ Re!c&rpbkal I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the anpexed with the ongl::,al ~'>JilaratIon RECO~JiD in my office on .......2/ii3/O'?.. under LIBER l.....t...l...... PAGE ....d...7.... and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereuBto set mY"fand anq affixed the seal of said County and Court on this .if:3.:.... day of ..~.., 20 ..c7.."] 12-U245p.Ul/07kd CLERK Q.~..1..:'':L.a:..4.~~~..~.:...:... \ . . . . .. .. ... .' , SCHEDULE "Au All that certain, plot. piece or parcel of land, with the buildings and Improvements thereon erected, situate, lYing and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows BEGINNING at a point on the easterly side of Alvah's Lane at the southwesterly corner of land now or formerly of Reinhardt and the northwesterly corner of land of Michael Kaloski; running thence along said land now or formerly of Reinhardt, the following two courses and distances: (1) North 48 degrees 54 minutes 30 seconds East, 407.28 feet, thence (2) South 49 degrees 04 minutes 29 seconds East, 706.98 feet to land now or formerly of Batuello; thence along said land, South 47 degrees 25 minutes 20 seconds East, 136.26 feet to land now or formerly of Kerrigan; thence along said land, South 42 degrees 51 minutes 20 seconds West, 429.52 feet to the easterly line of Alvah's Lane; thence along said line, North 47 degrees 08 minutes 40 seconds West, 885.78 feet to the point or place of BEGINNING . .2 . Number of pages ~ k:ECOPDED 'ln~ Jan 18 10:10:50 qM Judi t.h H. p.3::~c-31,= CLEPt=:: OF SUFFOLK COUHT'/ L D00012537 F' e04 DT# 07-1E,70B This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Affidavit --.._..".,,~."..-. /Certified Cop --.. Mortgage AmI. 1. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. or Spec. /Add. TOT. MTG. TAX Dual Town _ Dual County Held for Appointment Transfer Tax if Mansion Tax Page / Filing Fee Handling TP-S84 Notation EA-S2 17 (County) EA-S217 (State) R.P.T.5.A. Comm. of Ed. NYS Surcharge Other The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # ___ of this instrument. ~0/(fl 4 Dist. J 1000 10200 0400 006002-Pbo2 5 Community Preservation Fund Real Propert)l Tax Service Agency Verification Consideration Amount $ ~;I (.~I -d CPF Tax Due $ 6 Satisfactions/Discharges/Releases list Property Owners Mailing Address RECORD & RETURN TO: ;::::r Improved Vacant Land / WlCIII/AM. BRESSLER, GORDON & GEASA, p.c. 13015 MAIN ROAD, P.O.1lO( 1424 IATfITUCIC, U 11952 / TO TO 1/ TO Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www.suffolkcountyny.gov/c1erk 7 Title Company Information 11901 Co. Name Title # 8 r..,O I Suffolk County Recording & Endorsement Page This page forms part of the attached by: Howard Simon and Lorraine I. Simon Grant of Drainage Easement and Conservation Easement (SPECIFY TYPE OF INSTRUMENT) made The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold In the VILLAGE Town of South old or HAMLET of Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) . . 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE" Type of Instrument: EASEMENT/DOP Number of Pages: 8 Receipt Number : 08-0005548 TRANSFER TAX NUMBER: 07-16708 Recorded: At: LIBER: PAGE: District: 1000 Section: 102.00 EXAMINED AND $0.00 Block: 04.00 CHARGED AS FOLLOWS Deed Amount: Received the Following Fees For Above Instrument Exempt NO NO NO NO NO Page/Filing COE TP-584 Cert.Copies Transfer tax $24.00 $5.00 $5.00 $5.20 $0.00 Handling NYS SRCHG Notation RPT Comm.Pres Fees Paid TRANSFER TAX NUMBER: 07-16708 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 01/18/2008 10:10:50 AM D00012537 804 Lot: 006.002 $5.00 $15.00 $0.00 $30.00 $0.00 $89.20 Exempt NO NO NO NO NO . . GRANT OF DRAINAGE EASEMENT and CONSERVATION EASEMENT ,t: May, 2007, THIS indenture made this :::.1 day of~l:I#lljltr, 11000\ by and between HOWARD SIMON AND LORRAINE I. SIMON, residing at 27 Stacey Lane, Madison, CT 06443 (hereinafter "Grantor") and the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of South old, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 7.8 acres, more or less, of land identified by Suffolk County Tax Map number 1000- I 02-4-6.2; located on the east side of Alvah's Lane in the Hamlet ofCutchogue, Town of South old, Suffolk County, New York, generally bounded northerly by land now or formerly of Reinhardt; westerly by Alvah's Lane; southerly by Kerrigan, and easterly by Reinhardt and Batuello, said land being depicted as "Proposed Lot 2" on a certain map prepared by Stanley J. Isaksen, Jr., licensed land surveyors entitled "Proposed Minor Subdivision of Michael Kaloski Plat", survey dated June I 1,2002, last revised November 15,2006, which has received Sketch Plan Approval from the SouthoId Town Planning Board and which said parcel of land is hereinafter referred to as "the Premises"; the Premises being more fully described on Schedule A annexed hereto, and WHEREAS, Grantor has permitted the Town to maintain a drainage pipe at the northwest portion of the property from Alvah's Lane for road runoff from Alvah's Lane through the swale on the Premises; and WHEREAS, the Grantee, for drainage purposes proposes to remove the drainage pipe and to construct, maintain, and repair a storm water drainage system, including leaching pool(s), pipes, rip-rap and culvert, in order to contain and direct storm water runoff from Alvah's Lane in the vicinity of the Premises into the swale on the Premises; and WHEREAS, the Grantor has agreed to grant to the Grantee a drainage easement to impose over and in the portion of the land of the Grantor as described above for such purposes and a conservation easement in a portion of the land as described herein; NOW THEREFORE, IN CONSIDERATION OF Eight Thousand Five Hundred ($8,500) and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged. WITNESSETH: I. GRANT OF DRAINAGE EASEMENT. The Grantor does hereby grant, transfer and convey to the Town of South old, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the portion of the Premises described in Schedule B. . . 2. NATURE OF DRAINAGE EASEMENT. The nature, character and extent of the drainage easement hereby granted is the right of the Grantee to enter upon the Premises at all reasonable times: (i) To install, create and maintain the Facilities in the Premises and to repair, replace or remove same as needed for the effective purification of road runoff and surface waters from Alvah's Lane in the immediate vicinity of the Premises. (ii) To perform such grading and excavation and the planting of such vegetation and the installation of such facilities shall be required for the construction, operation, repair, replacement and maintenance of the Facilities, and for restoration of the Premises if required as a result of the drainage flow. This shall include, without limitation, a culvert under the driveway through the swale and such clean fill as shall be necessary to properly cover such culvert. 3. GRANTOR'S OWNERSHIP. The Grantor reserves the right to the ownership, use and enjoyment of the Premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's right granted herein. 4. DAMAGES AND INDEMNIFICATION. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor or property damage (except as required for construction of the Facility) or bodily injury sustained as a result of the construction and/or operation of the drainage easement thereon by the Grantee. In addition, in the event any work performed by Grantee in the installation, creation or maintenance in the drainage easement creates an adverse effect on other property of Grantor or on any property adjoining or downstream of that of Grantor, Grantee shall rectify such adverse effect and indemnify Grantor from any liability incurred by it in relation thereto, including, without limitation, reasonable attorneys fees. 5. ADDITIONAL DRAINAGE F ACILITlES. In the event that additional drainage facilities become necessary to properly accommodate the flow of storm water through the swale, as a result of the passage of water from Alvah's Lane through the swale, the Town agrees to install on its property or in the easement area such necessary facilities as may be necessary to properly accommodate such run off and curtail the flow on to neighboring properties, at it's own expense. 6. PERMITS. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement. 7. RESTRICTIONS. Grantor agrees to construct no fences, walls or the like in the drainage easement area, and to refrain from filling in the drainage easement area. 8. PLANTINGS. Grantor may plant in the easement areas provided Grantor does not change the grade or interfere with flow of storm water drainage, and Grantee shall not be . . liable for damage or destruction of such plant material as a result of operation of the Facility. Grantor is not required to prune, clear or maintain vegetation or trees in the easement area. 9. NO EXTENSION. The Grantee agrees not to connect the Facilities to any other storm water drainage system on Alvah's Lane which collects or directs water from the surrounding area. JIj.. 10. CONSERV A nON EASEMENT. In addition to the drainage easement granted herein, Grantor hereby imposes upon the portion of the Premises identified on the attached Schedule C. a Conservation Easement running with the land. Grantor agrees not to conductor permit any activity within the Conservation Easement area which would change the grade within the Conservation Easement area. Such easement may be modified only as may be required by the Planning Board in connection with the approval of the subdivision, with the consent of the Grantee herein. I I. NON-EXCLUSIVITY OF EASEMENT. The grant of the drainage easement and the imposition of the Conservation Easement shall not preclude Grantor from granting further easements to public utility companies, easements for vehicular access, or other purposes on terms which do not conflict with or interfere with the easements hereby granted. In no event, however, shall such easements permit the change of grade in the easement areas without the Grantee's prior written permission. 12. ENFORCEABILITY. The terms of this easement shall be enforceable by the parties by injunctive relief or any other remedy in equity or by law. 13. PERPETUAL EASEMENT. The rights granted herein shall continue and remain in effect in perpetuity. 14. MISCELLANEOUS. This Agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. IN P;ESS WHEREOF, the parties hereto have executed this agreement the day and year fir t written abo - ~ 7 ~,,/}. ~~ H . WARD SIMON LORRAINE SIMON By: S . STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) . On th~day of joy~ 2006, before me, the undersigned, personally appeared HOWARD SIMON and LORRAINE SIMON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their capacity(ies) and that by hislher/their signature on the instrument, the individual, or the person on behalf of which the individual(s) acted, executed the instrument. ABIGAIl. A. WICICHAM ...., PubIO,'" of New "'" -.. .&.2171 .Wfolk Countt~ OommIJlllIIIl!llpINI8epL 8O.1O.lL1. STATE OF NEW YORK) ~'/) P "dJ ) ss.: "OM-/" CL/-- ~ COUNTY OF SUFFOLK) On the 31 day of MIl't: 200f, before me, the undersigned, personally appeared SCOTT A. RUSSELl.:, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their capacity(ies) and that by hislher/their signature on the instrument, the individual, or the person on behalf of which the individual(s) acted, executed the instrument. REleasedrainrev ~~~ Notary Public LINDA J COOPER NOTARY PUBLIC, Statee! New York NO. 01 C04822563, Suffolk Coun.ty Term Expires December 31, 20..LQ. . . SCHEDULE A DESCRIPTION OF PREMISES: KALOSKI ALL that certain plot, piece or parcel ofland, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of South old, County of Suffolk, State of New York, bounded and described as follows: Beginning at a point on the northeasterly side of Alvah's Lane, at the southwesterly comer of land now or formerly of Reinhardt, said point of beginning being distant North 47 degrees 8 minutes 40 seconds West, 2,876.78 feet, more or less, from the intersection of the east side of Alvah's Lane and the north side of Main Road (New York State Route 25); From said point of beginning, running thence along land now or formerly of Reinhardt, North 48 degrees 54 minutes 30 seconds East, 407.28 feet to a pipe; Running thence along said land now or formerly of Reinhardt, South 49 degrees 4 minutes 29 seconds East, 637.20 feet to a point; Running thence South 42 degrees 51 minutes 20 seconds West, 226.47 feet; Running thence North 47 degrees 8 minutes 40 seconds West, 200.00 feet; Running thence South 42 degrees 51 minutes 20 seconds West, 200.00 feet to the easterly side of Alvah's Lane; Running thence along the easterly side of Alvah's Lane, North 47 degrees 8 minutes 40 seconds West, 479.78 feet to the point or place of BEGINNING. i I ! ~", . . SCHEDULE B KALOSKI DRAINAGE EASEMENT ALL that certain plot, piece or parcel ofland, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of South old, County of Suffolk, State of New York, bounded and described as follows: Beginning at a point on the easterly side of Alvah's Lane, distant 2,642.18 feet from the intersection of the east side of Alvah's Lane and the north side of Main Road (New York State Route 25), said point of beginning also being distant South 47 degrees 8 minutes 40 seconds East, 34.60 feet from the southwesterly corner of land now or formerly of Reinhardt; From said point of beginning, running thence North 64 degrees 55 minutes 26 seconds East, 159.20 feet; running thence South 43 degrees 9 minutes 19 seconds East, 89.60 feet; running thence South 60 degrees 45 minutes 4 seconds East, 45.42 feet, running thence South 27 degrees 42 minutes 4 seconds West, 50.07 feet; running thence North 60 degrees 45 minutes 4 seconds West, 55.38 feet; running thence North 43 degrees 9 minutes 19 seconds West, 61.06 feet; running thence South 64 degrees 55 minutes 26 seconds West, 102.66 feet to the easterly side of Alvah's Lane; running thence along the easterly side of Alvah's Lane North 47 degrees 8 minutes 40 seconds West, 53.95 feet to the point or place of beginning. . . . SCHEDULE C KALOSKI CONSERV A nON EASEMENT ALL that certain plot, piece or parcel ofland, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: Beginning at a point distant the following four (4) courses and distances from the southwesterly corner of land now or formerly of Reinhardt and the easterly side of Alvah's Lane: I. Running along the easterly side of Alvah's Lane, South 47 degrees 8 minutes 40 seconds East, 34.60 feet to the northwesterly corner of a Drainage Easement granted to the Town of South old; 2. Thence along the lines of said Drainage Easement, North 64 degrees 55 minutes 26 seconds East, 159.20 feet; 3. Thence further along the lines of said Drainage Easement, South 43 degrees 9 minutes 19 seconds East, 89.60 feet; 4. Thence further along the lines of said Drainage Easement, South 60 degrees 45 minutes 4 seconds East, 45.42 feet; From said point of beginning running South 60 degrees 45 minutes 4 seconds East, 26.11 feet; running thence South 88 degrees 14 minutes 14 seconds East, 75.53 feet; running thence South 57 degrees 49 minutes 45 seconds East, 281.66 feet; running thence South 42 degrees 51 minutes 20 seconds West, 60.00 feet; running thence North 47 degrees 8 minutes 40 seconds West, 107.24 feet; running thence North 70 degrees 11 minutes 50 seconds West, 227.96 feet; running thence North 60 degrees 45 minutes 4 seconds West, 28.98 feet; running thence North 27 degrees 42 minutes 4 seconds East, 50.07 feet to the point or place of beginning. Miscldesckal ,\ 1 )