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HomeMy WebLinkAboutItem 6.1 Vacate Western Scarlett CtG~~~ OF DU~~~ ~A ~~ ~s2 ~~~~i/ O`ILIFOR~~ STAFF REPORT CITY C L E R K DUBLIN CITY COUNCIL_ File # ^®^2r OO-©Q DATE: November 17, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: PUBLIC HEARING -Vacation of the Westernmost Portion of Scarlett Court Prepared By: Melissa Morton, Public Works Director EXECUTIVE SUMMARY: The City Council is being asked to consider adopting a Resolution vacating the westernmost portion of Scarlett Court. FINANCIAL IMPACT: If the City Council elects to vacate the westernmost portion of Scarlett Court, the City may then dispose of the resulting parcel by selling it for its fair market value. The proceeds of such a sale would be added to the City's General Fund. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open public hearing; 3) Receive public testimony; 4) Close public hearing and deliberate; and 5) ADOPT the Resolution Vacating the Westernmost Portion of Scarlett Court. • ~~ ~ ~ .~ Submitted By ReviQw d By Public Works Director Assistant City Manager Page 1 of 3 ITEM NO. ~V DESCRIPTION: Background At the time Dublin incorporated in 1982, the eastern portion of Dublin Boulevard terminated at an intersection with Dougherty Road to the north and Hopyard Road to the south. Scarlett Court extended from the eastern side of the intersection, veering southward within a few hundred feet of the intersection. The City acquired fee title to Scarlett Court from the County of Alameda as a result of the City's incorporation in 1982. In 1992, Dublin Boulevard was extended to the east of the intersection as far as the former railroad right-of-way (now the Iron Horse Trail). Also in 1992, Scarlett Drive was constructed from Dublin Boulevard southward to connect to Scarlett Court. In 1993, Dublin Boulevard was extended across the former railroad right-of-way to Hacienda Drive and then eastward from that intersection in order to accommodate the new development in the Eastern Dublin Specific Plan area. In 2002, a signal at the intersection of Scarlett Drive and Dublin Boulevard was installed. Since the first extension of Dublin Boulevard, Scarlett Court has connected to the eastern extension of Dublin Boulevard, instead of connecting directly with the Dublin-Dougherty intersection. Most recently, the City acquired additional right-of-way and improved and enlarged the Dublin Boulevard-Dougherty Road intersection to accommodate traffic. The Dublin Boulevard/Dougherty Road Intersection Improvements Project was completed in 2008. The current Dublin Boulevard-Dougherty Road intersection is significantly wider than it was prior to the Dublin Boulevard/Dougherty Road Intersection Improvements Project, and the eastern side of the intersection is within 80 feet of the intersection of Dublin Boulevard and Scarlett Court (Attachment 1). Because of the short distance from a major intersection, Staff has determined that traffic movement in and out of Scarlett Court should be limited to ensure public safety. Currently, the only permitted traffic movement at the intersection of Scarlett Court and Dublin Boulevard is a right-hand turn out of Scarlett Court and onto Dublin Boulevard. Access to the properties on Scarlett Court is from Scarlett Drive. Proposal to Abandon Western Portion of Scarlett Court The Dublin Boulevard/Dougherty Road Intersection Improvements Project has been complete since Summer 2008. Staff have since observed traffic circulation in the area, and determined that the egress from Scarlett Court onto Dublin Boulevard is infrequently used. This is, in part, because access to the area from Scarlett Drive renders the egress redundant. Staff believe that this intersection may also have the potential to confuse drivers in the area. For these reasons, it is Staff's opinion that it would be in the City's best interest to abandon the westernmost portion of Scarlett Court, thus eliminating the intersection of Scarlett Court and Dublin Boulevard. Based on field observations, Staff does not believe that such an abandonment would negatively impact any of the businesses in the area. Should the City Council elect to vacate the property, Streets and Highways Code section 8355 provides that, where a City owns title to property that was previously used as a street, the City may sell the property in the manner, and upon the terms and conditions approved by its City Council. In the event that the City Council approved such a sale, the revenue from the sale could be added to the City's General Fund. Page 2 of 3 The process for vacating public rights-of-way is set forth in Streets and Highways Code sections 8310 et seq. Those statutes provide that the City Council must initiate vacation proceedings. Then notice of a public hearing on the matter must be posted along the portion of the street to be vacated and published for two weeks in a newspaper of general circulation. Before the public hearing, the Planning Commission must approve a report to the City Council indicating whether it believes that the vacation is consistent with the City of Dublin General Plan. Finally, the City Council must conduct a public hearing, hear evidence regarding the proposal, and then adopt a resolution of vacation. In conjunction with that resolution, the Streets and Highways Code also requires that the City Council find that the proposed portion of right-of-way to be vacated is unnecessary for present or prospective public use and is not useful as a non- motorized transportation facility. At its October 6, 2009, meeting, the City Council adopted a Resolution initiating the vacation process by declaring its intent to vacate the westernmost portion of Scarlett Court and directing the Dublin Planning Commission to determine whether the vacation is consistent with the City of Dublin General Plan (Attachment 2). At its October 13, 2009. meeting, the Planning Commission adopted Planning Commission Resolution 09-36, which declared that the proposed vacation is consistent with the General Plan (Attachment 3). Staff has prepared a Resolution for the City Council's consideration which would declare that the westernmost portion of Scarlett Court is unnecessary for present or prospective use, that it is not useful as anon-motorized transportation facility, and vacates that portion of Scarlett Court (Attachment 2). If the City Council adopts the Resolution, the vacation will become effective when the Resolution is recorded with the Alameda County Recorder's Office. The City Manager will, in consultation with the City Attorney, determine the appropriate timing of the recordation. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In compliance with State law, the notice of this public hearing was published in the newspaper and was posted in three public places and in the area proposed to be vacated. ATTACHMENTS: 1. Map of Location to Be Vacated 2. City Council Resolution No. 138-09 3. Planning Commission Resolution No. 09-36 4. Resolution Vacating Westernmost Portion of Scarlett Court, together with Exhibit "A," Legal Description of Area to Be Vacated. Page 3 of 3 ~~ti~~ L6 ~ . * / 0~ OE i ~ 5~~ i~ aG ~ Cf',y ~ ~~ ~,~- ~~ ~,d -N- ~,~ ~ ~s <<r ~ 0 100 20a L4 ~ \ (IN FEET ) ,~ I inch = 100 ii'~ ra, ~ EX EVAE PER ~ MAP 9185 / ,~---- Gh ~l i i ~~ y~~ y ~?2 ~ ~ ~ OG ~ 1 i ~~ ~ ~ ~~ ~ ~~ \~ \~ ~ ~ ~ ~ ~. ~,, \ \ \~ k, o ,~ ~ DETAIL___"_A_" NOT TO SCALE~/ ~_ LEGEND P.0.8. POINT OF BEGINNING (R) RADIAL {T} TOTAL SQ.FT. SQUARE FEET EVAE EMERGENCY VEHICLE ACCESS EASEMENT SDE STORM DRAIN EASEMENT EXHIBIT B PLAT TO ACCOMPANY LEGAL" DESCRIPTION FOR STREET RIGHT OF WAY ABANDONMENT rrrv nF DUBLIN. AI~MEDA COUNTY, CALIFORNIA i~~ LINE TABLE N0. BEARING DISTANCE L 1 S32'48'00"E 143.43' L2 N6140'00 "W 108.83' L3 N32'48'00"W 365.64' 14 N01 '12'36"E 13.41' L5 1J32'48'00"W 77.76' L6 N32'S1'13"W 12.81' L7 N57~78'47"E 56.85' L8 S32'48'00"E 332.66' CURVE TABLE N0. RADIUS DELTA LENGTH C1 572.00' 24 45'01 " 247.09' C2 50.50' 74'16'13" 65.46' C3 62800' 18:37'41" 204.18' C4 85.50' 33~74'S0" 49.36' C5 22.00' 14 38'39" 5.62' C6 50.00' 48'08'27" 42.01' PARCEL B PARCEL MAP 9 f 8~ BK 308 PARCEL MAPS PC 87 P.O.B. EXISTING STREET RIGHT OF WAY I TO BE ABANDONED 42,288f SQ.FT. I PARCEL A PARCEL MAP 9f85 \ BK 308 PARCEL MAPS PC 57 20' EVAE I ~~ ~ 9F. ~ a ~ o ~ ~ 1 ~0 std,\~ ~ ~ ~0 ~ ~~h ~~ ~~~ ~ \ ~ ~ j~~ ~ 1 ~~ ~ ~ \ \ 1 I ~ ~~ SHEET 1 OF 2 ~,,,,m,~,.•,,.a.~..,~....~..... 1 l RUGGERI~JENSEN-AZAR ENGINEERS ^ PLANNERS • SURVEYORS PHONE: (925) 227- 4b90 CHABOT DRIVE. o~ ATTA C H M E N T s~: /. a~-~ RESOLUTION NO. 138 - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***~*** RESOLUTION OF INTENT TO VACATE THE WESTERNMOST PORTION OF SCARLETT COURT AND DIRECTING THE CITY OF DUBLIN PLANNING COMMISSION TO CONSIDER WHETHER SUCH VACATION IS CONSISTENT WITH THE CITY OF DUBLIN GENERAL PLAN AND WHETHER A POTENTIAL SALE OF THE ABANDONED PROPERTY WOULD BE CONSISTENT WITH THE CITY OF DUBLIN GENERAL PLAN WHEREAS, the westemmost portion of Scarlett Court, at its intersection with Dublin Boulevard, is located in close proximity to a large, busy intersection; and WHEREAS, in order to ensure public safety, traffic movement on said westemmost portion of Scarlett Court is restricted to right turns from Scarlett Court onto Dublin Boulevard only; and WHEREAS, the restricted traffic movement results in limited utilization of said portion of Scarlett Court by vehicular traffic and could potentially create confusion for said vehicular traffic. NOW, THEREFORE, BE IT RESOLVED that the City Council adopts this Resolution, under the provisions of Streets and Highways Code §§ 8310 et. seq. and § 8320, in particular, and that it is the intention of the City Council to vacate the westemmost portion of Scarlett Court. That portion of said street so proposed to be vacated is located in the City of Dublin, County of Alameda, State of California, and is further described in the attached Exhibit A. BE IT FURTHER RESOLVED that notice in accordance with Streets and Highways Code § 8322 shall be published for at least two successive weeks in a newspaper published in Alameda County. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin is hereby directed to report to the City Council its determination of whether such vacation would be consistent with the City of Dublin General Plan and whether a subsequent sale of said vacated property would be consistent with the City of Dublin General Plan. PASSED, APPROVED AND ADOPTED this 6th day of October, 2009, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None P ~~ City Clerk Reso No. 138-09, Adopted 10-6-09, Item 4.4 Page 1 of 1 o! ,~ Mayor ATTACHMENT ,2• 3~g PARCEL ONE: BEING A PORTION OF PARCEL 4 AS SHOWN ON THE PLAT IN THE PROPOSED RELINQUISHMENT DEED TO THE OOUNTY OF ALAMEDA RECORDED ON APRIL 30,1970, IN REEL 2608 AT IMAGE 205, AND LATER RELINQUISHED TO THE GOUNTY OF ALAMEDA ON DULY 27, 1970 IN REEL 2661 AT IMAGE 819, OFFICIAL RECORDS OF THE COUNTY OF ALAMEDA, STATE OF CALffORNIA, A PORTION OF THE PARCEL TO THE COUNTY OF ALAMEDA AS REOORDED ON MAY 14, 1969 IN REEL 2402 AT IMAGE 255, OFFICIAL REGARDS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA AND A PORTION OF SCARLETT COURT SHOWN ON 1'HE MAP ENTITLED PARCEL MAP 9185 FILED ON )ULY 29, 208 IN BOOK 308 OF PARCEL MAPS AT PAGE 57, ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHEASTERN LINE OF SAID PARCEL 4, BEING THE NORTHEASTERN LINE OF SCARLETT COUNT AND THE SOUTHWESTERN CORNER OF PARCEL B OF SAID PARCEL MAP 9185; THENCE ALONG SAID NORTHEASTERN LINE, SOUTH 32°48'00"EAST, 143.43 FEET' TO A CURVE TO THE LEFT HAVING A RADIUS OF 572.OD FEET, A DELTA OF 24°45'01"; THENCE ALONG SAID CURVE AN ARC LENGTH OF 247.09 FEET TO A NON TANGENT CURVE TO THE LEFT HAVING A RADIAL WHICH BEARS NORTH 63°23'48" WEST, A RADIUS OF 50.50 FEET, A DELTA OF 74°16'31"; THENCE LEAVING SAID NORTHEASTERN LINE, SOIITFiERLY ALONG SAID CURVE AN ARC LENGTH OF 65.46 FEET TO THE SOUTHWESTERN LINE OF SAID PARCEL 4, ALSO BEING THE SOUTHWESTERN LINE OF 5CARLETr COURT; THENCE ALONG SAID SOUTHWESTERN LINE, NORTH 61°40'00" WEST,108.83 FEET TO A NON TANGENT CURVE TO THE RIGHT HAVING A RADIAL WHICH BEARS SOUTH 38°34'13" WEST, A RADIUS OF 628.00 FEET, A DELTA OF 18°3T41"; THENCE NORTHNIESTERLY ALONG SAID CURVE AN ARC LENGTH OF 204.18 FEET; THENCE NORTH 32°48'00' WEST, 487.29 FEET TO THE SOUTHERN EASTERN CORNER OF SAID PARCEL (R2402I255} SAID POINT BEING ON A CURVE TO THE LEFT HAVING A RADIUS OF 72.00 FEET, A DELTA OF 2i°4504"; THENCE ALONG THE SOUTHWESTERN LINE OF LAST SAID PARCEL, AND SAID CURVE AN ARC LENGTH OF 27.33 FEET; THENCE LEAVWG SAID SOUTHWFSTERN LINE, NORTH 57°08'47" EAST, 83.33~FEEf TO THE SOUTHWESTERN LINE OF SAID PARCEL B AND A POINT OF CUSP HAVING A RADIAL WHICH BEARS NORTH 32°51'13" WEST, A RADIUS OF 22.00 FEET, A DELTA OF 14°38'39"; THENCE SOUTHWESTERLY ALONG LAST SAID LINE AND AND SAID CURVE AN ARC LENGTH OF 5.62 FEET TO ANON- TANGENTCURVE TO THE LEFT HAVING A RADIAL WHICH BEAR5 NORTH 74°39'33' WEST, A RADIUS OF 50.00 FEET, A DELTA OF 48°08'27`; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 42.01 FEET; THENCE, SOUTH 32°48'00" EAST, 332.66 FEET TO THE POINT OF BEGINNING. EXHIBIT g ~~~$ RESOLUTION NO. 09-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RESOLUTION FINDING THAT THE VACATION OF THE EASTERNMOST AND WESTERNMOST PORTIONS OF SCARLETT COURT, THE POSSIBLE SALE OF THE WESTERNMOST PORTION OF SCARLETT COURT AND ANY LAND TRANSFERS THAT MAY BE NECESSARY TO REALIZE THE PROPOSED RECONFIGURATION OF SCARLETT COURT ARE CONSISTENT WITH THE CITY OF DUBLIN GENERAL PLAN. WHEREAS, the City of Dublin is considering whether to vacate the easternmost and westernmost portions of Scarlett Court, which street is located within the City; and WHEREAS, should the westernmost portion of Scarlett Court be so abandoned, the City of Dublin is also considering the possible sale or other disposal of the easternmost portion of Scarlett Court; and WHEREAS, should the easternmost and westernmost portions of Scarlett Court be so abandoned, the City is considering whether to reconfigure Scarlett Court, and the implementation of the proposed reconfiguration would require the City to acquire portions of adjoining properties; and WHEREAS, Section 65402 of the Government Code requires that the Planning Commission report to the City Council as to whether proposed street vacations, proposed dispositions of property and proposed acquisitions of property conform with the City of Dublin General Plan; and WHEREAS, the Planning Commission did receive information regarding the location, purpose and extent of the proposed vacations, disposition and acquisitions at a public meeting on October 13, 2009 and heard recommendations regarding these proposed actions; and WHEREAS, the Planning Commission has considered the relevant portions of the City of Dublin General Plan with regards to the proposed vacations, disposition and acquisitions. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby find that the proposed abandonment of the eastern portion of Scarlett Court conforms with the City of Dublin General Plan. BE IT FURTHERED RESOLVED that the City of Dublin Planning Commission does hereby find that the proposed abandonment of the western portion of Scarlett Court conforms with the City of Dublin General Plan. BE IT FURTHERED RESOLVED that the City of Dublin Planning Commission does hereby find that the proposed disposition of the western portion of Scarlett Court conforms with the City of Dublin General Plan. BE IT FURTHERED RESOLVED that the City of Dublin Planning Commission does hereby find that the acquisition of property that would be required in order to realize the proposed reconfiguration of Scarlett Court conforms with the City of Dublin General Plan. ATTACHMENT 3. 5 ~- g PASSED, APPROVED AND ADOPTED this 13th day of October 2009 by the following vote: AYES: Wehrenberg, Brown, Schaub and Swalwell NOES: ABSENT: King ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G: IAgendas120091GP Conformance 10.13.091PCRESO Scnrlet GP Conform.DOC 2 ~~g RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN VACATING THE WESTERNMOST PORTION OF SCARLETT COURT WHEREAS, the City Council of the City of Dublin, on October 6, 2009, adopted Resolution 138-09 declaring its intent to vacate the westernmost portion of Scarlett Court, a public street in the City of Dublin, as described in the attached Exhibit "A"; and WHEREAS, the Planning Commission of the City of Dublin, on October 13, 2009, adopted Planning Commission Resolution 09-36 declaring that the proposed vacation is consistent with the City of Dublin General Plan; and WHEREAS, a public hearing was set for November 17, 2009, at which time any person objecting to such vacation was given the opportunity to appear and show cause why such vacation should not be ordered, and notice of such meeting was duly published and posted; and WHEREAS, such hearing was held by the City Council on November 17, 2009, and the City Council at the time of said hearing determined that the said westernmost portion of Scarlett Court was unnecessary for present or prospective public use and was not useful as a non- motorized transportation facility; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does resolve as follows: Section 1. That the westernmost portion of Scarlett Court, located within the City of Dublin, Alameda County, California, is unnecessary for present or prospective public use and is not useful as anon-motorized transportation facility because the expansion of a nearby intersection necessitated major restrictions on traffic movement along this portion of the right- of-way such that the area is little used, and the other portions of Scarlett Court are accessible through the nearby Scarlett Drive. Section 2. The westernmost portion of Scarlett Court is hereby vacated and abandoned, reserving and excepting therefrom easements and rights-of-way for emergency vehicle access and to construct, maintain, operate, replace, remove, renew and enlarge sanitary sewers, storm drains and public utility services now existing in said area, including all necessary and convenient appurtenant structures and incidental purposes thereto, including access; said westernmost portion of Scarlett Court is more particularly described in the attached Exhibit "A." Section 3. This Resolution shall be recorded with the Alameda County Recorder, pursuant to Streets and Highways Code § 8325, and the vacation shall be complete upon such recordation. ATTACHMENT ~~g PASSED, APPROVED AND ADOPTED this 17th day of November, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\DEVELOPMENT, PRIVATE\Corporation Yazd- Scazlett Court Abandonment\PH Reso Vacation-Western Portion 110709.DOC $ ~- R PARCEL ONE: BEING A PORTION OF PARCEL 4 AS SHOWN ON THE PLAT IN THE PROPOSED RELINQUISHMENT DEED TO THE COUNTY OF ALAMEDA RECORDED ON APRIL 30, 1970, IN REEL 2608 AT IMAGE 205, AND LATER RELINQUISHED TO THE COUNTY OF ALAMEDA ON JULY 27, 1970 IN REEL 2661 AT IMAGE 819, OFFICIAL RECORDS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, A PORTION OF THE PARCEL TO THE COUNTY OF ALAMEDA AS RECORDED ON MAY 14, 1969 IN REEL 2402 AT IMAGE 255, OFFICIAL RECORDS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA AND A PORTION OF SCARLETT COURT SHOWN ON THE MAP ENTITLED PARCEL MAP 9185 FILED ON JULY 29, 208 IN BOOK 308 OF PARCEL MAPS AT PAGE 57, ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHEASTERN LINE OF SAID PARCEL 4, BEING THE NORTHEASTERN LINE OF SCARLETT COUNT AND THE SOUTHWESTERN CORNER OF PARCEL B OF SAID PARCEL MAP 9185; THENCE ALONG SAID NORTHEASTERN LINE, SOUTH 32°48'00"EAST, 143.43 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 572.00 FEET, A DELTA OF Z4°45'01"; THENCE ALONG SAID CURVE AN ARC LENGTH OF 247.09 FEET TO ANON-TANGENT CURVE TO THE LEFT HAVING A RADIAL WHICH BEARS NORTH 63°23'48" WEST, A RADIUS OF 50.50 FEET, A DELTA OF 74°16'31"; THENCE LEAVING SAID NORTHEASTERN LINE, SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 65.46 FEET TO THE SOUTHWESTERN LINE OF SAID PARCEL 4, ALSO BEING THE SOUTHWESTERN LINE OF 5CARLETT COURT; THENCE ALONG SAID SOUTHWESTERN LINE, NORTH 61°40'00" WEST, 108.83 FEET TO A NON TANGENT CURVE TO THE RIGHT HAVING A RADIAL WHICH BEARS SOUTH 38°34'13" WEST, A RADIUS OF 628.00 FEET, A DELTA OF 18°3T41"; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 204.18 FEET; THENCE NORTH 32°48'00" WEST, 487.29 FEET TO THE SOUTHERN EASTERN CORNER OF SAID PARCEL {R2402IZ55} SAID POINT BEING ON A CURVE TO THE LEFT HAVING A RADIUS OF 72.00 FEET, A DELTA OF Z1°45'04'; THENCE ALONG THE SOUTHWESTERN LINE OF LAST SAID PARCEL, AND SAID CURVE AN ARC LENGTH OF 27.33 FEET; THENCE LEAVING SAID SOUTHWESTERN LINE, NORTH 57°08'47" EAST, 83.33 FEET TO THE 50LJTHWESTERN LINE OF SAID PARCEL B AND A POINT OF CUSP HAVING A RADIAL WHICH BEARS NORTH 32°51'13" WEST, A RADIUS OF 22.00 FEET, A DELTA OF 14°38'39"; THENCE SOUTHWESTERLY ALONG LAST SAID LINE AND AND SAID CURVE AN ARC LENGTH OF 5.62 FEET TO ANON- TANGENT CURVE TO THE LEFT HAVING A RADIAL WHICH BEARS NORTH 74°39'33" WEST, A RADIUS OF 50.00 FEET, A DELTA OF 48°08'27"; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 42.01 FEET; THENCE, SOUTH 32°48'00" EAST, 332.66 FEET TO THE POINT OF BEGINNING. EXHIBIT To the Resnlutinn