Escrow Agreement with Jose R. Romero ESCROW AGREEMENT
THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as
of the day of December, 2011 ("Effective Date") between Jose R. Romero
("ROMERO") and the City of Miami Beach, Florida (the "City" or "Escrow Agent.")
RECITALS
A. ROMERO is the owner of certain properties located in the City of Miami
Beach and located at:
6955 Carlyle Avenue, Miami Beach, Florida;
81 19 Crespi Boulevard, Miami Beach, Florida; and
8230 Byron Avenue, Miami Beach, Florida (the"Miami Beach
Properties");
which are in violation of numerous City of Miami Beach Code provisions and for which
the City recorded liens for noncompliance. A list of the liens recorded in Public Records
by the City is attached hereto as Exhibit "A" (the "City Liens").
B. In its governmental and regulatory capacity, the City is requiring
ROMERO to comply with the City of Miami Beach Code and make the necessary repairs
to the Miami Beach Properties to comply with the attached violations.
C. The City has agreed to issue a partial release of lien (the `Partial Release
of Lien") only as to the properties owned by ROMERO, listed below, and as legally
described in Exhibit"B" ( the "Homestead Properties"):
204 North Flagler Avenue, Homestead, Florida;
550 North Flagler Avenue, Homestead, Florida;
610 North Flagler Avenue, Homestead, Florida; and
700 North Flagler Avenue, Homestead, Florida;
upon the receipt of TWO HUNDRED THOUSAND DOLLARS AND 00/100
($200,000.00) from the sale of the Homestead Properties. The Partial Release of Lien
shall be in writing and in recordable form to be delivered to the Clerk of the Court for
recording. ROMERO shall be responsible for the cost of recordation.
D. Upon the sale of the Homestead Properties, the City shall also receive a total
amount due by ROMERO for Resort Tax Liens, in the amount of FOUR THOUSAND
EIGHT HUNDRED TWENTY FIVE and 00/100 Dollars ($4,825.00). This payment is
considered a payoff in full. The Satisfaction of Lien shall be in writing and in recordable
form to be delivered to the Clerk of Court for recording. ROMERO shall be responsible
for the cost of recordation.
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NOW, THEREFORE, in consideration of the premises and for other good and
valuable consideration, the receipt and sufficiency of which hereby acknowledged, the
parties hereby agree as follows:
1. The City and ROMERO agree that the foregoing recitals are true and
correct and are incorporated herein as if repeated at length.
2. The City and ROMERO have agreed that the sum of$4,825.00 is required
for releasing the Homestead Properties from the City's Resort Tax Liens.
3. The City and ROMERO have agreed that the sum of 5200,000.00 is
required for releasing the Homestead Properties from the City Liens.
4. The City and ROMERO agree that the sum of $200,000.00 shall be held
by the City in Escrow as consideration for issuing the Partial Release of Lien (the
"Escrowed Money").
5. The City and ROMERO agree that the City will open two (2) separate
accounts with the Escrowed Money, as more particularly set forth in Sections 7(a) and (b)
hereof.
6. The City and ROMERO agree that the City shall not be obligated to invest
the Escrowed Money in an interest-bearing account.
7. The City and ROMERO agree that the City shall be the escrow agent
("Escrow Agent") and that the Escrowed Money is being created for the following
purposes:
a. REPAIRS/COMPLIANCE: The sum of ONE HUNDRED
THOUSAND AND 00/100 Dollars ($100,000.00) is non-refundable and is to be held by
the City in escrow for a period not to exceed two (2) years from the Effective Date of this
Agreement, to be used solely by ROMERO for remediation of all violations on the
Miami Beach Properties and for bringing all violations into compliance. The City shall
allow ROMERO to request draws against the Escrowed Money, upon proof that each
stage of the work has been completed, or for the purpose of obtaining permits from
regulatory authorities. Should ROMERO fail to bring the Miami Beach Properties into
compliance within the two (2) years from the Effective Date of this Agreement,
ROMERO shall forfeit the $100,000.00 completely and the monies shall be released to
the City. In the event that the total amount of the repairs and cost for bringing the Miami
Beach Properties into compliance is less than $100,000.00, then ROMERO agrees to
release the balance of the Escrowed Monies to the City at the end of the two (2) year
period; and
b. PENDING MITIGATION: The sum of ONE HUNDRED
THOUSAND AND 00/100 Dollars ($100,000.00) is non-refundable and shall be held by
the City in escrow for a period not to exceed two (2) years from the Effective Date of this
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Agreement, for the purpose of affording ROMERO the opportunity to request mitigation
of all existing fines on the Code violation cases issued by the City against ROMERO on
the Miami Beach Properties: Should ROMERO fail to mitigate the liens on the Miami
Beach Properties within the two (2) years from the Effective Date of this Agreement,
ROMERO shall forfeit the $100,000.00 completely and the monies shall be released to
the City. In the event that ROMERO obtains compliance with all violations on the
Miami Beach Properties and is successful in his request for mitigation, the $100,000.00
will be used as a credit toward the mitigated amount.
8. Notices. All notices required or pern-iitted to be given hereunder shall be
in writing and sent by overnight delivery service (such as Federal Express), in which case
notice shall be deemed given on the day after the date sent, or by personal delivery, in
which case notice shall be deemed given on the date received, or by certified mail, in
which case notice shall be deemed given three (3) days after the date sent, or by fax (with
copy by overnight delivery service), in which case notice shall be deemed given on the
date sent, to the appropriate address indicated below or at such other place or places as
either Buyer or Seller may, from time to time, respectively, designate in a written notice
given to the other in the manner described above.
If to ROMERO: Jose R. Romero
204 N. Flagler Avenue
Homestead, Florida 33033
Telephone No.:305-910-1814
Facsimile:
If to City: Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive. Fourth Floor
Miami Beach, Florida 33139
Attn: Jose Smith, City Attorney
Telephone: 305-673-7470
Facsimile: 305-673-7002
If to Escrow Agent: Patricia D. Walker, Chief Financial Officer
City of Miami Beach
1700 Convention Center Drive, Third Floor
Miami Beach, Florida
Telephone: 305-673-7000, ext. 6461
Each party shall have the right to change the address or name of the person to
whom such notices are to be delivered by notice to the other party.
9. The terms and conditions of this Agreement shall inure to the benefit of and be
binding upon the permitted successors and assigns of each of the parties hereto.
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10. This Agreement may be modified only by a written amendment signed by all
parties hereto.
11. This Agreement shall be construed and enforced according to the laws of the
State of Florida.
12. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
13. ROMERO hereby acknowledges that he has been represented by legal
counsel of his choice, namely Marc D. Kleiner, Esq., Kleiner & Cazeau, P.L., 18305
Biscayne Boulevard, Suite 302 Aventura, Florida 33160.
14. Each party represents and acknowledges that this Agreement has been
entered into freely and voluntarily and that there has been no undue influence or duress
brought by either party, and that each party is aware of and understands the contents and
implications hereof and acknowledges the same.
15. All understandings and agreements heretofore made between the parties are
merged in this Agreement. There are no oral promises, conditions, representations,
understandings, interpretations or terms of any kind as conditions or inducements to the
execution of this Agreement in effect between the parties. No change or modification of
this Agreement shall be valid unless the same is in writing and signed by the parties
hereto. No waiver of any of the provisions of this Agreement shall be valid unless the
same is in writing and is signed by the party against which it is sought to be enforced and
shall be valid only for the particular time and circumstances for which it is obtained.
16. Escrow Agent agrees to perform the duties of Escrow Agent under this
Agreement and to hold and disburse the Escrowed Money strictly in accordance with the
provisions hereof.
17. In performing any of its duties under this Agreement, or upon the claimed
failure to perform its duties hereunder, Escrow Agent shall not be liable to anyone for
damages, losses or expenses which may occur as a result of Escrow Agent's so acting, or
failing to act; except, however, Escrow Agent shall be liable for damages arising out of
its willful default or gross negligence under this Agreement. Accordingly, Escrow Agent
shall not incur any such liability with respect to (1) any good faith act or omission upon
advice of counsel given with respect to any questions relating to the duties and
responsibilities of Escrow Agent, hereunder, or (ii) any good faith act or omission in
reliance upon any document, including any written notice or instructions provided for in
the Agreement, not only as to its due execution and to the validity and effectiveness of its
provisions but also as to the truth and accuracy of any information contained therein,
which Escrow Agent shall in good faith believe to be genuine, to have been signed or
presented by the proper person or persons and to conform with the provisions of this
Agreement.
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18. The Escrow Agent shall not be liable in any manner for the sufficiency or
correctness as to the form, manner of execution or validity of any written instructions
delivered to it, nor as to the identity, authority or rights of any person executing same.
The duties of the Escrow Agent shall be limited to compliance with the written terms of
this Agreement or to disbursement of the funds received hereunder in accordance with
the written instruction described above. The Escrow Agent undertakes to perform only
such duties as are expressly set forth herein, and no implied duties or obligations shall be
read into this Agreement against the Escrow Agent. Upon the Escrow Agent's disbursing
the Escrow Money in accordance with the provisions hereof, the escrow shall terminate
as regards such Escrow Money, and Escrow Agent shall thereafter be release and relieved
of and from any and all liability and obligation hereunder in connection therewith.
19. If any dispute or difference arises between ROMERO, the City, the Escrow
Agent, or any person, or if conflicting demands shall be made upon the Escrow Agent,
Escrow Agent may file a suit in interpleader in the Circuit Court of Miami-Dade County,
Florida for the purpose of having the respective rights of the parties adjudicated and
deposit with the Court any or all funds held hereunder. Upon the institution of such
interpleader suit or other action and the deposit of such funds with the Court and the
giving of notice thereof to the parties thereto by personal service or in accordance with
the order of the Court, Escrow Agent shall be fully released and discharged from all
further obligations hereunder with respect to the funds so deposited. ROMERO agrees to
pay to Escrow Agent, on demand, any and all costs and reasonable attorneys' fees
incurred by Escrow Agent in connection with such interpleader or other action and to
indemnify and hold and save Escrow Agent harmless from any and all loss, costs,
damage or liability hereunder not arising from willful misconduct or gross negligence of
the Escrow Agent.
20. In connection with any litigation arising out of this Agreement, the prevailing
parties in such litigation shall be entitled to recover from the defeated parties, all costs
incurred, including reasonable attorneys' fees, and all costs and attorneys' fees on appeal
including costs and attorneys' fees it is required to pay the Escrow Agent pursuant to this
Agreement.
IN WITNESS WHEREOF, this Agreement has been signed on behalf of the
parties hereto as of the day and year first above written.
se R. R ero
Date Executed: / z Z 2011
Approved ANWVED AS TO
roRm&LANGUAGE
& FOR EXECUTION
Jorge M. Gonzalez, City Manager
Date Executed: 2011 i / 12 2-1
M*Y ` mot®
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Exhibit "A"
Property Address located at: 6955 Carlyle Avenue, Miami Beach, Florida:
1. Special Master Case# JC080000140 (ORB 27691 page 1154)
Department Violation: CE07007010
2. Special Master Case# JC090000751 (ORB 27183 page 1614)
Department Violation: CE09001150
3. Special Master Case # JC09000752 (ORB 27099 page 4306)
Department Violation: CE09002202
4. Special Master Case# JC06000774 (ORB 25285 page 2715)
Department Violation: CE06000505
5. Special Master Case# JC03000276 (ORB 26923 page 361)
Department Violation: CE02004840
6. Special Master Case# JC09000534 (ORB 27000 page 3114)
Department Violation: CE09002201
7. Special Master Case# JC09000533 (ORB 27000 page 3115)
Department Violation: CE09002200
8. Special Master Case#JC06000944 (ORB 25538 page 892)
Department Violation: CE06000506
9. Special Master Case# JC08000140 (ORB 27691 page 1154)
Department Violation: CE07007010
10. Special Master Case# JB09000175 (ORB 26960 page 1944)
Department Violation BV09000153
11. Special Master Case#JB09000176 (ORB 26960 page 1945)
Department: BV09000154
12. Special Master Case#: JB08000479 (ORB 26996 page 4742)
Department Violation: BV08000735
Property Address located at: 8119 Crespi Blvd., Miami Beach, Florida:
1. Special Master Case# JC03000845 (ORB 22509 page 4893)
Department Violation: CE03002797
2. Special Master Case# JC 03000845 (ORB 21985 page 4782)
Department Violation: CE03002797
Property Address located at: 8230 Byron Avenue, Miami Beach, Florida:
1. Special Master Case# JC 11000419 (ORB 27810 page 1774)
Department Violation: CE 1001001
2. Special Master Case # JB 11000371(ORB 27703 page 1824)
Department Violation BV 10001009
3. Special Master Case#JB04000046 (ORB 22904 page 4381)
Building Violation: BV04000027
4. Special Master Case# JB080000191(ORB 26672 page 355)
Department Violation # BV08000307
5. Special Master Case#JCO2000357 (ORB 2049') page 1744)
Code Violation : CE 02001092
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Exhibit "B"
PARCEL l: 204 North Flagler Avenue, Homestead, Florida
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-
QUARTER OF SECTION 18, TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE
N89°10'43"E, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER,
A DISTANCE OF 13833 FEET; THENCE N00°49'17"W, A DISTANCE OF 30.00
FEET; THENCE N89°10'43"E, A DISTANCE OF 226.51 FEET TO A POINT SAID
POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT CIRCULAR
CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID
POINT BEARS N53 058'23"W); THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 1050.00 FEET, A
CENTRAL ANGLE OF 05 030'35", A CHORD DISTANCE OF 100.93 FEET, A
CHORD BEARING OF N33 016'20"E, AN ARC DISTANCE OF 100.97 FEET;
THENCE N30 031'02"E, A DISTANCE OF 200.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST HAVING FOR ITS ELEMENTS A RADIUS OF
950.00 FEET, A CENTRAL ANGLE OF 10°45'25", A CHORD DISTANCE OF 178.10
FEET, A CHORD BEARING OF N35*53i44"E, AN ARC DISTANCE OF 178.36 FEET;
THENCE N41 016'27"E, A DISTANCE OF 45537 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE N41°16'27"E, A DISTANCE OF 505.00 TO A
POINT; THENCE S48°2609"E, A DISTANCE OF 140.00 FEET TO A POINT;
THENCE RUN S4 1 016'27"W, A DISTANCE OF 505.00 FEET TO A POINT;
THENCE RUN N48 026'09"W, A DISTANCE OF 140.00 FEET TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINS 1623 ACRES, MORE OR LESS.
PARCEL 2: 550 North Flagler Avenue, Homestead, Florida
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-
QUARTER OF SECTION 18, TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE
N89°10'43"E, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER,
A DISTANCE OF 13833 FEET; THENCE N00°49'17"W, A DISTANCE OF 30.00
FEET; THENCE N89°10'43"E, A DISTANCE OF 226.51 FEET TO A POINT, SAID
POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT CIRCULAR
CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID
POINT BEARS N53°58'23"W); THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 1050.00 FEET, A
CENTRAL ANGLE OF 05 030'35", A CHORD DISTANCE OF 100.93 FEET, A
CHORD BEARING OF N33° 16'20"E, AN ARC DISTANCE OF 100.97 FEET;
THENCE N30 031'02"E, A DISTANCE OF 200.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF
950'00 FEET, A CENTRAL ANGLE OF ,10°45'25", A CHORD DISTANCE OF 178.10
FEET. A CHORD BEARING OF N35 053'44"E, AN ARC DISTANCE OF 17836 FEET;
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THENCE N41°16'27"E, A DISTANCE OF 1,71534 FEET TO THE . POINT OF
BEGINNING; THENCE CONTINUE N41°16'27"E, A DISTANCE OF 316.99 FEET
TO A POINT; THENCE S48°43'33"E, A DISTANCE OF 140.00 FEET TO A POINT;
THENCE RUN S41 016'27"WW, A DISTANCE OF 316.99 FEET TO A POINT;
THENCE RUNT N48 043'33"W, A DISTANCE OF 140.00 FEET TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINS 1.018 ACRES, MORE OR LESS.
PARCEL 3: 610 North Flagler Avenue, Homestead, Florida
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-
QUARTER OF SECTION IS, TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE
N89°10'43"E, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER,
A DISTANCE OF 138.33 FEET; THENCE N00°49' 17"W, A DISTANCE OF 30.00
FEET; THENCE N89°10'43"E, A DISTANCE OF 226.51 FEET TO A POINT, SAID
POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT CIRCULAR
CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID
POINT BEARS N53 058'23"W): THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 1050.00 FEET, A
CENTRAL ANGLE OF 05 030'35", A CHORD DISTANCE OF 100.93 FEET, A
CHORD BEARING OF N33 016'20"E, AN ARC DISTANCE OF 100.97 FEET;
THENCE N30 031'02"E, A DISTANCE OF 200.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF
950.00 FEET, A CENTRAL ANGLE OF 10°45'25", A CHORD DISTANCE OF 178.10
FEET, A CHORD BEARING OF N35°53'44"E, AN ARC DISTANCE OF 178.36
FEET; THENCE N41°16'27"E, A DISTANCE OF 2,032.33 FEET TO THE POINT OF
BEGINNING, THENCE CONTINUE N41°16'27"E, A DISTANCE OF 289.06 FEET
TO A POINT; THENCE N41°16'35"E, A DISTANCE OF 52.61 FEET TO A POINT;
THENCE S48 043'33"E, A DISTANCE OF 140.00 FEET TO A POINT; THENCE RUN
S41°16'35"W, A DISTANCE OF 52.61 FEET TO A POINT; THENCE RUN
S41-16-27"W, A DISTANCE OF 289.06 FEET TO A POINT; THENCE RUN
N48°43'33"W, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.098 ACRES, MORE OR LESS.
PARCEL 4: 700 North Flagler Avenue, Homestead, Florida
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-
QUARTER OF SECTION 18, TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE
N89°10'43"E, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER,
A DISTANCE OF 138.33 FEET; THENCE N00°49'1 7"W, A DISTANCE OF 30.00
FEET; THENCE N89°10'43"E, A DISTANCE OF 226.51 FEET TO A POINT. SAID
POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT CIRCULAR
CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID
POINT BEARS N53 058'23"W; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE HAVING FOR ITS ELEMENTS A RADIUS OF 1050.00 FEET, A
CENTRAL ANGLE OF 05 030'35", A CHORD DISTANCE OF 100.93 FEET, A
CHORD BEARING OF N33 016'20"E, AN ARC DISTANCE OF 100.97 FEET;
THENCE N30 031'02"E, A DISTANCE OF 200.00 FEET; THENCE
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NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF
950.00 FEET, A CENTRAL ANGLE OF 10°45'25", A CHORD DISTANCE OF 178.10
FEET, A CHORD BEARING OF N35°53'44"E, AN ARC DISTANCE OF 178.36
FEET; THENCE N41 016'27"E, A DISTANCE OF 2321.39 FEET; THENCE
N41 016'35"E, A DISTANCE OF 52.61 FEET TO THE POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR
CURVE CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A
RADIUS OF 950.00 FEET, A CENTRAL ANGLE OF 12 026'11", A CHORD
DISTANCE OF 205.80 FEET, A CHORD BEARING OF N47°29'41"E, AN ARC
DISTANCE OF 206.20 FEET; THENCE N53 042'46"E, A DISTANCE OF 200.00
FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT
CIRCULAR CURVE CONCAVE TO THE NORTHWEST, HAVING FOR ITS
ELEMENTS A RADIUS OF 1050.00 FEET, A CENTRAL ANGLE OF 12°26'11", A
CHORD DISTANCE OF 227.46 FEET, A CHORD BEARING OF N47 029'40"E, AN
ARC DISTANCE OF 227.91 FEET; THENCE N41°16'35"E, A DISTANCE OF 43.17
FEET TO AN INTERSECTION OF A LINE LYING 35.00 FEET SOUTH OF AND
PARALLEL WITH THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF
THE AFOREMENTIONED SECTION 18; THENCE RUN N89°10'46"E, ALONG THE
SAID LINE, A DISTANCE OF 40.83 FEET TO THE EAST LINE OF THE
NORTHWEST QUARTER OF THE AFOREMENTIONED SECTION 18; THENCE
S0°24'41"E, A DISTANCE OF 29.63 FEET; THENCE S41°16'35"W, A DISTANCE OF
674.43 FEET; THENCE N48°43'33"W, A DISTANCE OF 140.00 FEET TO THE
POINT OF BEGINNING. SAID PARCEL CONTAINS 1.42 ACRES, MORE OR LESS.
LESS AND EXCEPT FROM THE ABOVE DESCRIBED PARCEL THAT PORTION
TAKEN BY THE ACCESS RAMP FOR CAMPBELL DRIVE AND DESCRIBED AS
FOLLOWS: COMMENCE AT THE NE CORNER OF THE NW 1/4 OF SECTION 18,
TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE RUN WESTERLY ALONG
THE NORTH LINE OF SAID SECTION 18 WITH A BEARING OF S89 010'46"W, A
DISTANCE OF 9.46 FEET TO A POINT; THENCE RUN S41°16'35"W, A DISTANCE
OF 47.17 FEET TO THE POINT OF BEGINNING OF THE PORTION BEING
DESCRIBED HEREON; THENCE CONTINUE S41 016'35"W, A DISTANCE OF 18.62
FEET TO A POINT; THENCE RUN S48°45'E, A DISTANCE OF 50.00 FEET TO A
POINT; THENCE RUN N41°16'35"E, A DISTANCE OF 23.84 FEET TO A POINT;
THENCE RUN N0 024'41"W, ALONG THE EAST LINE OF THE NW 1/4 OF SAID
SECTION 18, A DISTANCE OF 29.63 FEET TO A POINT; THENCE RUN
WESTERLY ALONG A LINE BEING 35 FEET SOUTH OF AND PARALLEL TO
THE NORTH LINE OF SAID SECTION 18, WITH A BEARING OF S89°10'46"W, A
DISTANCE OF 40.83 FEET TO THE POINT OF BEGINNING. SAID LESS AND
EXCEPT PORTION CONTAINS AN AREA OF 1,666.5 SQUARE FEET, MORE OR
LESS.
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