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HomeMy WebLinkAboutTower Site Agreement Notes Jane Kansier 13 ,.' if I t- ' I , i/,\ '. ' ' , UAJ6A., 1\ ~'\ V ("./: 'I \A,A... I From: Sent: To: Subject: Jane Kansier Tuesday, August 15, 2006 3:39 PM 'Robinson, Brian' RE: Communications Tower - Mystic Lake Drive u~~-73~ site_plan_applicatio n.pdf (58 ... Brian, Upon review of your attached agreement, I have made the following determination: 1. If all you are proposing is new antennas on the existing structure, all that is required is a building permit. 2. If the work includes any structures on the ground, such as an equipment shelter, you must submit a site plan application for approval. The site plan application requires the signature of the property owner. I have attached an application for your use. Please let me know if you have additional questions. Jane Kansier Planning Director City of Prior Lake -----Original Message----- From: Robinson, Brian [mailto:BRobinson@GSignal.com] Sent: Friday, August 11, 2006 1 :00 PM To: Jane Kansier Subject: Communications Tower - Mystic Lake Drive Jane - Attached is a redacted copy of our agreement for the communciations tower located at 14770 Mystic Lake Drive. Per this agreement signed between Sprint Spectrum LP (SSLP) and Lovina Dolan, consent or approval is not required before any work is done by SSLP or any SSLP affiliate at this Site (please see Section 5). If you could review it and give us your thoughts, it would be greatly appreciated. Sprint is eager to be able to change their equipment out at this tower and a timely response would also be greatly appreciated. Please feel free to give me a call if you have any questions. <<3019819 Prime Lease redacted.pdf>> Best Regards, Brian Robinson Business Development Manager IL, WI, MN, IA and MO > Global Signal Office: 941-308-5997 Mobile: 773-343-1442 Fax: 941-308-4297 1 1 VersIon 3 ,.-,CS SITE AGREEMENT Site Name Dolan Property March f Site I. 0_ MS03XC688V4 1. Premises end Use. Owner leases 10 Sprinl Spectrum LP., a Delaware limited partnership rSSLP1, the site ("Site") described below: [Check appropriate box{BS}J I8l Land consisting or approximately 2,000 square feet upon which SSLP will construct its 181 equipment base stallon ancll8l antenna structure; o Building inlerior space consisting of approximately square feet; o Building exterior space tor attachment of antennas; o Building exterior space for placement of base slation equipment; o Tower antenna space between the _ foot and _ foot level on Ihe Tower; o Space required for cable runs to connect PCS equipment and antennas, in Ihe location(s)(.Site1 shown on Exhibit A, together with a non-exclusive easement for reasonable access thereto and to the appropriate, In the discretion of SSLP, source of electric and telephone facilities. The Site will be used by SSLP for the purpose of installing, removing, replacing, modilying, maintaining and operating, at its expense, a personal communications service system facility ("PCS"), including, without limitation. antenna equipment. cable wiring, relaled fixtures and, If applicable 10 Ihe Site, an antenna struclure. S5LP will use the Site in a manner which will not unreasonably dislurb the occupancy of Owner's other tenants. SSLP will have access to the Sile twenty-lour (24) hours per day, seven (7) days per week. SSLP employees, agents, and contractors will be restricted 10 the site and easement described in Exhibit A, except as reasonably required lor construction and maintenance of the site. 2. Term. The tenn of this Agreement (the "Initial Tenn") is five years, commencing on the dale (.Commencement Date") both SSLP and Owner have executed this Agreement. This Agreement will be automatically renewed lor lour additionallenns (each a "Renewal Term") of rive years each, unless SSLP provides Owner nolice of intention nol to renew not less than 90 days prior to the expiration of the Initial Tenn or any Renewal Term. 3. Rent. Rent will be paid in equal monthly installments of (until increased as sel forth herein), partial months 10 be proratecl, In aclVance, beginning on the execution date. Following the flrsl year 01 the Initial Term hereol and each year during any Renewal Tenn, the annual rent (payable monthly) shall be increased on Ihe anniversary date of the Commencement Date the greater of (a) five percent (5%) per annum, or (b) the increase in the Consumer Price Index, U.S. All City Average, All Items (1982-1984==100) published by the Bureau of Labor Statistics 01 the United States Department of Labor. The computation for such increase shall be the change reflected by such Consumer Price Index as or the first day of the then current lease year compared to the Index reflected for Ihe commencement date of the prior lease year. 4. Title and Quiet PossessIon. Owner represents and agrees (a) that it is the Owner of the Site; (b) that It has the right 10 enter into this Agreement; (c) Ihat the person signing this Agreement has Ihe authority to sign; (d) that SSLP is entitled to access to the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as SSLP is not in default beyond the expiration of any cure period; and (e) that Owner will not have unsupervised access to the Site or to the pes equipment. 5. Assignment/Subletting S5LP will not assign or transfer this Agreement or sublet all or any portion of the Site without the prior written consent of Owner, which consent will not be unreasonably withheld, delayed or condilioned; provided, however, SSLP may assign or sublet wilhout Owner's prior written consenl to any party controlling, controlled by or under common control with SSLP or to any party which acquires substantially all of the assets of SSLP. As consideration for consent to any non-affiliate sublease, SSLP shall pay to Owner monthly the amount of . additional rent, (increased as otherwise set forth In Section 3 or this Agre ment), for the period of time in which such non-affiliate occupies the towe constructed by SSLP. Further, said non-affiliate subtenant shall be entiUed 0 obtain access to the site during the same time and in the same manner as ISI,P over the ~nt ranted 10 S5 LP by Owner as part of this Agreemant~ ~ . 6. Notices. All notices must be in writing and a~ clive y when deposited in the U.S. mail, certified and postage pr paid, or when sent via ovemight delivery, to the address set rOrlh below, or as otherwise required by law. 7. Improvements. SSLP may, at its expense, make such improvements on the Sile as it deems necessary from time 10 time for the operation of the PCS system. Owner agrees to cooperate with SSLP with respect to obtaining any required zoning approvals for the Site and such Improvements. Upon termination or expiration of this Agreement, SSLP may remove its equipment and improvements and will restore the Site to substantially the condition existing on the Commencement Date, except fO( ordinary wear and tear and casualty loss. 8. Compliance with Laws. Owner represents that the Site is in substanl compliance with building, life/sarety, disability and other laws, codes a: regulations 01 appli~able govemml!nlal authorities. SSLP will substantial ~mply wi~ all appll~~le laws relating to its possession and use of the Sit Includmg WIthout limitation, the Federal Communications Commission ("FCC which Includes any posting requirements 01 the FCC. 9. Interference. SSLP will resolve technical interference problems With oth equipment located at the Site on the Commencement Date or any equipme that becomes attached to the Site at any future date when SSLP desires ' add.addilio~al equipment 10 the Site. Likewise, Owner will not permil or sufl. ~e Inst~lIati?n of any future telec::o~munications equipment which (a) resul In techOlcallnterference problems WIth SSLP's then exisling equipment or (I encroaches onto the Site. 10. Utilities; SSLP will pay for all utilities used by it at the Site. Owner w coo~rale WIth SSLP in SSLP's efforts to obtain utilities from any locatic provl~ed by Owner or the servicing utility, including signing any easement ( other Instrument reasonably required by the utility company. 11. T.rmin~t/on. SSLP ~a~ ~er':1inate this Agreement at any lime by nolic to Owner WIthout further liability ., SSLP does not obtain all permits or oth, approvals (collectively, "approval1 required from any govemmental authori' or any easements required from any third party to operate the PCS system ( If any s~h approval Is canceled, expires or is withdrawn or lerminaled, ~r Owner fails to have proper ownership of the Site or authority to enter into th Agreement, or, after the Initial Term, if S5LP, for any other reason in its sol discretion, detennines Ihal it will be unable to use the Site. Upon 1~lTT1inatior all prepaid rent will be retained by Owner unless such lermination is due I Owner's lailure of proper ownership or authority, or such termination is a reSL of Owner's default. 12. D.fault. If eilher party is in default under this Agreement for a period ( (a) 10 days following receipt or notice from Ihe non-defaulting party wit respect to a default which may be cured solely by the payment of money, < (b) 30 days following receipt of notice from the non-defaulting party wit respe~t to ~ default which may not be cured solely by the payment of mone: then, In lIl~er e~enl, the non-delaulting party may pursue any remedie available to It agalnsl lhe deraulting party under applicable law, including, bl nol limited to, the right to terminate this Agreement. If the non-monetar delault may not ~eason~bly be cure~ within a 30 day period, this Agreemer may not be terminated If the deraultlng party commences aclion to cure th delault within such 30 day period and proceeds with due diligence to fully cur the delault. 13. Indemnity. Owner and SSLP each indemnifies Ihe other against an holds the other hannless rrom any and all costs (including reasonabl attomeys' fees) and claims of liability or loss which arise out of the ownershi~ use and/or occupancy of the Sile by the indemnifying party. This indemnl! does nol apply to any claims arising from the sole negligence or inlenliom misconducl 01 the Indemnified party. The indemnity obligations under \hi Paragraph will survive termination of this Agreement 14. Hazardous Substences. Owner represents that it has no knowledge ( any substance, chemical or waste (collectively, .subslance") on the Site that i identified as hazardous, toxic or dangerous In any applicable federal, state c local law or regulation. SSLP will not introduce or use any such substance 0 the Site in violation 01 any applicable law. SSLP will indemnify. protect, defen and h~ld harmless Owner from and against all claims, suits, actions, cause 01 action, assessments, losses, penalties, costs, damages and expensel including, without limitation, allomeys' fees. sustained or incurred by OwnE pursuant to any federal, state or local laws, implementing regulatloll! common law or olherwise dealing with mailers relating to Hazardou Substances released by SSLP in, upon or beneath the Premises, Acces Easement or Utility Easement. 15. Subordination and Non-Disturbance. SSLP agrees that this Agreemer shall be subject and subordinate to any mortgages or deeds of trust now c hereafter placed upon the Site and to all modifications thereto, provided th. SSLP's possession of the Site shall not be disturbed so long as SSLI continues to perfonn its duties and obligations under this Agreement an SSLP's obligation to perform such duties and obligations shall not be in an way increased or Its rights diminished by the provisions or this paragrapt 5SLP agrees to attom to the mortgagee, trustee or benericiary under an such mortgage or deed of trust, and 10 Ihe purchaser in a sale pursuanltO th loreclosure thereof; provided that, SSLP's possession of the Site shall not b disturbed so long as SSLP shall continue to perfonn its duties and obligation under this Agreement.. However, promplly after the Agreement is full executed, Owner will USe diligent efforts to obtain a non-disturbanc agreemenl reasonably acceptable to SSLP from the holder 01 any SUD mortgage or deed of trust. 16. i'axes. SSLP will be responsible for pal,--.,t 01 all personal property t;ues assessed directly upon and arising Jly rrom its use of the communications facility on the Site, SSLP will ~y to Owner any increase In real property laxes attribulable solely to any improvements to the Site made by SSLP within sixty (60) days after receipt of satisfactory documentation indicating calculation of SSLP's share 01 such real estate taxes and payment 01 the real estate taxes by Owner. Owner will pay when due all other real estate taxes and assessments attributable to the property of Owner of which the Site is a part. 17. Insurance. SSLP will procure and maintain commercial general liability insurance. with limits of nol less than $5,000,000 combined single limit per occurrence tor bodily injury and property damage liability, with a certificate of insurance 10 be fumished to Owner within 30 days of written request. Such policy will provide that cancellation. any material modificalion or non-renewal will not occur without at least 30 days prior written notice 10 Owner. SSLP will name Owner as an Additional Insured on the general liability policy. Each party hereby waives Its right of recovery against the other for any loss or damage covered by any Insurance policies maintained by the waiving party. Each party will cause each insurance policy obtained by it to provide Ihat the insurance company waives aU rights or recovery against the other party in connection with any damage covered by such policy. 18. MaIntenance. SSLP will be responsible for repairing and mainlaining the PCS system and any other improvements installed by SSLP at the Site in a proper operating and reasonably safe condition; provided, however if any such repair or maintenance Is required due to the acts of Owner, its agenls or employees, Owner shall reimburse SSLP lor the reasonable costs incurred by SSLP to restore the damaged areas to the condition which existed immediately prior thereto. 19, Relocation Right. Owner will have the one-time right, alter lhe Initial Term, to relocate the communications facility of SSLP, or any part thereor, to an alternale ground location on Owner's property; provided. however, that such relocation will (1) be performed exclusively by SSLP or Its egents. (2) not result in any Interruption 01 the communications service provided by SSLP on Owner's property, (3) not impair, or in any manner alter, the quality of communications service provided by SSLP on and Irom Owner's property, and (5) be done in accordance wilh Ihe terms and conditions contained in paragraphs A. and B. below. Upon relocation of the communications facility of SSLP, the access and utility easement(s) of SSLP will be relocated as required, in the sole discretion of SSLP, to operate and maintain lhe communication facility of SSLP. A. Owner will exercise Its relocation right, above, by (and only by) delivering written notice (the "notice") 10 SSLP. In the notice, Owner will propose an aile mate site on Owner's property to which SSLP may relocate its communicalions lacility. SSLP will have sixty (60) days tram lhe date il receives the notice to evaluale Owner's proposed relocalion site, during which period SSLP will have the right to conduct lests to determine the technological feasibility of the proposed relocation site, If SSLP fails 10 approve 01 such proposed relocation site In writing within said sixty-day period, then SSLP will be deemed to have disapproved such proposed relocation site. If SSLP disapproves such relocation site. Ihen Owner may therealter propose another relocation sile by no lice to SSLP In Ihe manner set forth above. Any relocation sile which Owner and SSLP agree upon In writing Is referred to hereinafter as the "Relocation Sile". SSLP will have a period or ninety (90) days alter execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate its communications lacllity to the Relocation Site. If SSLP and Owner cannot agree upon a Relocation Site, then this Lease shall terminate. B. Upon relocation of the communications facility of SSLP, or any part thereol, to the Relocation Site, all references to the Site in the Agreement will ~~ be deemed to be r..' ",nces to the Relocation Sile. d SSLP her agree that the Rei Jfl Site (including the aceeS and utility light 01 y. may be surveyed by a licensed surveyor at the sol cost of SSLP, and s survey willlhen replace Exhibit A and become a palt le~ 'III! wilLco!1tJG describe the Site. Owner will reimburse SSLP for rel;raiioftrii~P1rn."'/'s'rr. amount nol to exceed $150,000.00. Except as expressly provided in Exhibit, Owner and SSLP hereby agree thai in no event will the relocatior the communications facility of SSLP, or any part thereof affect, aller, modif o\herwise change any of the terms and conditions of the foregoing this Lea' 20. Miscellaneous. (a) This Agreement applies 10 and binds the hE successors, executors, administrators and assigns of the parties to Agreement; (b) This Agreement is govemed by the laws of the State in wt the Sile is located; (c) If. requesled by SSLP, Owner agrees prompll} execule and deliver to SSLP a recordable Memorandum 01 this Agreemer the lorm 01 Exhibit B; (d) This Agreement Qncluding the Exhibits) ConstitL the entire agreement between the parties and supersedes all prior written < verbal agreements. represenlations, promises or understandings between parties. Any amendmenls to this Agreement must be in writing and execL by both parties; (e) If any provision of this Agreement is Invalid unenforceable with respect to any party, the remainder of this Agreemen the application of such provision to persons other Ihan those as to whom , held invalid or unenforceable, will nol be affected and each proviSion of . Agreement will be .~aJid and ~nlorceable 10 the rullest ~xlenl permitted by I and (I) The prevailing party In any action or proceeding in court or mutu agreed upon arbitration proceeding to enforce the terms 01 this Agreemer. entitied to receive its . reasonable attorneys' fees and other reasoni! enforcement costs and expenses 'rom lhe non-prevailing party. The following Exhibits are attached to and made a part of ; Agreement: Exhibit A & B. OWNER: Rita M. Imler, Power of Attomey lor Lovina S. By: . S.S./Tax No.: Addre:;s; '"'' u MY'i1I" '-0"" UflV" Prior Lake, MN 55372 J:Jhc!lJ?7 / ' Date: Delaware limited partnership S By: Its: Karl R. Brusen, E & 0 Director, Minneapolis MTA Address: 2900 Lone Oak Parkway. Suite 140 Eagan, MN 55t21 Date: \"2-hD{9.l I 019s71:-_IOHd Pro'........ S""",,a. 1oIc. S U.57'07. W ~ ..' 5 \ \ ""'-... ... ., .. ... -"'-- o.-w ., s.. _ ~ ,q,iIlA Ifl.... ,. \ , c- J ... . IQ !'< " C o 8 ::r. ,- ~XHIBIT A r PRoPERTY LEGAL DCSCRIPT/ON(,,- To" RoctNd8} - _ _ n.. 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EXHIBIT B PCS SITE AGREEMENT MEMORANDUM OF AGREEMENT Site Name: Dolan Property Site No. MS03XC688V4 THIS MEMORANDUM evidences.that a lease was made and entered into by writte~ Site Lease Agreement dated the Jo,J./, day of D~rD_L,€!". , 1992, between Lovina S" Dolan ("Owner") and Sprint Spectrum L.P., a Delaware limited partnership ("SSLP"), the terms and conditions of which are incorporated herein by reference. Such Agreement provides, in part Owner leases to SSLP part of that site (~Site") located at 14770 Mystic Lake Drive, City of Prior Lake, County of Scott, State of Minnesota, within the property of Owner which is described in Exhibit A attached hereto, with a right-of-way for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on JH.ce-t~.... ,2,) , 199~ which term is subject to four (4) additional five (5) year extension oeriods by SSLP. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written" By:L~ls,,J~ L,~p~ Name: Rfta M" Imler I .. Power of Attorney for Lovina S. Dolan Address: 14770 Mystic Lake Drive Prior Lake, Minnesota 55372 LESSEE: Sprint Spectrum L.P. a Delaware Limited Partnership p,.ldBy: ~ ';p~ame: Karl R. Brusen, q:.... Title: Director E & 0, Address: 2900 Lone Oak Pkwy. #140 Eagan, Minnesota 55121 OWNER: Levina S. Dolan EXHIBIT A PROPERTY LEGAL DESCRIPTTON(from Tax Records) The South half of the Southwest Quarter of Section 28, Township 115, Range 22 West of the 5th Principal Meridian, Scott County, Minnesota LEASED PREMISES LEGAL DESCRIP710N All' that part of the fol/o win g: The South half of the Southwest Quarter of Sectian 28, Township 115, Range 22 West of the 5th Principal Meridian, Scott County, Minnesota Described as follows: Commencing at the southeost comer of said South Om!1-half of the Southwest Quarter; thence North 00 degrees 00 minutes 27 seconds West, assumed bearing along the east line of said South One-holf of the Southwest Quarter, a distance of 956,89 feet; thence North 85 degrees 28 minutes 24 seconds West, a distance of 149.46 feet; thence South 88 degrees 59 minutes 49 seconds West, a distance of 113.61 feet to the point of beginning of the proposed Leased Premises to be described, said poin t of beginning hereinafter referred to as Point A; thence North 75 degrees 76 minutes 57 seconds West, a distance of 24,95 feet; thence South 74 degrees 43 minutes 03 seconds West, a distance of 50.00 feet; thence South 15 degrees 16 minutes 57 seconds East, a distance of 40.00 feet: thence North 74 degrees 43 minutes 03 seconds East, a distance of 50.00 feet; thence Narth 15 degrees 16 minutes 57 seconds West, a distance of 15.05 feet to said Point A and the poin t of beginning. Containing 2000.00 sq. ft. Together with a 20.00 foot easement for utility, ingress and egress purposes over, under and across that port of said South One-half of the Southwest Quarter the centerline of which is described os follows: Commencing at the above referred poin t "A "; thence North 88 degrees 59 minutes 49 seconds East, 0 distance of 113.61 feet: thence South 85 degrees 28 minutes 24 seconds East. a distance of 149.46 feet to said east line of the South One-half of the Southwest Quorter and said centerline there terminating. The sidelines of said easement ore to be prolonged or shortened to terminate at said east line of the South One-half and also at a line bearing North 15 degrees 16 minutes 57 seconds West and its southerly extension from soid Point A. Containing 5261.4 sq. ft.