HomeMy WebLinkAboutRES NO 040-14o40 -14
RESOLUTION NO.
A RESOLUTION OF NECESSITY BY THE CITY OF
BAKERSFIELD CONDEMNING A PORTION OF
CERTAIN REAL PROPERTY LOCATED AT 9021
ROSEDALE HWY, BAKERSFIELD, CA 93312 (APN
368- 082 -12) AND A TEMPORARY CONSTRUCTION
EASEMENT THEREON.
WHEREAS, the City of Bakersfield is authorized to protect the public health,
safety and welfare by participating in and implementing the Rosedale Highway
Widening Program (the "Project "), which is part of the Thomas Roads Improvement
Program, in which the City of Bakersfield participates with other government agencies.
The Project is designed to widen Rosedale Highway between Allen Road and Gibson
Street to help alleviate traffic and congestion and implement the Metropolitan
Bakersfield 2010 General Plan, and to carry out and make effective that principal
purpose pursuant to Code of Civil Procedure section 1240.120(a). Said public use is a
function of the City of Bakersfield; and
WHEREAS, the City of Bakersfield is authorized by sections 37350 and 37350.5
of the California Government Code, sections 1240.010, et seq., of the Code of Civil
Procedure, and Article III, section 12 of the Charter of the City of Bakersfield, to acquire
by eminent domain property and to construct improvements thereon in furtherance of
the Project; and
WHEREAS, the real property described herein is required for the layout,
establishment, construction, completion and maintenance of the Project; and
WHEREAS, the Project received clearance under the California Environmental
Quality Act (CEQA) and NEPA through a mitigated negative declaration. The Mitigated
Negative Declaration was adopted on May 12, 2012 by the City Council, and the
contents thereof are incorporated as though fully set forth herein; and
WHEREAS, on October 19, 2011, at the request of the State of California,
Department of Transportation, the City Council of the City of Bakersfield (the "Council ")
resolved that it would hear and consider proposed Resolutions of Necessity in
connection with the acquisition of real property and real property interests by eminent
domain process for the Thomas Roads Improvement Program; and
WHEREAS, on August 21, 2012, at a regularly scheduled meeting and pursuant
to notice, pursuant to Section 1810 of the Streets and Highways Code, the Board of
Supervisors for the County of Kern authorized the City of Bakersfield to acquire the
necessary property interests within the County, including use of the power of eminent
domain, for the Project; and `` ,P Kk9q
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ORIGINAL
WHEREAS, the Council finds and determines that notice of its intention to adopt
this Resolution of Necessity was duly given as required by law, and on that date and at
the time and place fixed for the hearing, the Council did hear and consider all of the
evidence presented;
NOW, THEREFORE, BE IT RESOLVED, by at least a two- thirds vote of the
members of the Council under Code of Civil Procedure § §1240.030 and 1245.230,
based on applicable law and the whole record concerning this matter, that the Council
finds and determines each of the following:
a. The public interest and necessity require the proposed Project;
b. The proposed Project is planned, located, approved, and accepted in a
manner that will be most compatible with the greatest public good and
the least private injury;
c. The property sought to be acquired is necessary for the Project; and
d. The offer required by Government Code §7267.2 has been made to
the property owner or owners of record.
AND BE IT FURTHER RESOLVED, that the City Attorney for the City of
Bakersfield is hereby authorized and directed to take any and all appropriate actions
consistent with the purposes of this resolution including, but not limited to, to commence
and maintain Court proceedings in and for the City of Bakersfield to acquire by eminent
domain the fee simple interest, and temporary construction easement interest for a
period not to exceed twelve (12) months, in that certain real property (the "Subject
Property "), more particularly designated and described as:
SEE EXHIBITS "A" AND "B" ATTACHED
AND BE IT FURTHER RESOLVED, that the City Attorney for the City of
Bakersfield and its designated outside counsel, if any, are hereby authorized and
directed to file a complaint in eminent domain, to deposit probable compensation, to
make application to the Court for an Order for Immediate Possession Before Judgment
in the eminent domain proceedings, and to prosecute the action to final judgment; and
AND BE IT FURTHER RESOLVED, that the City Finance Director is hereby
authorized and directed to draw its warrant or wire transfer on the City's account(s) in
the amount determined to be the probable amount of compensation pursuant to Code of
Civil Procedure section 1255.010, and that said warrant or wire transfer is to be made
payable and delivered and /or deposited to the State Treasury Condemnation Fund and
delivered to the City Attorney to be deposited with the payee; and
AND BE IT FURTHER RESOLVED, that City staff is authorized and directed to
take any and all appropriate actions consistent with the purposes of this Resolution.
-- Page 2 of 3 Pages --
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ORIGINAL
AND BE IT FURTHER RESOLVED, that in constructing and implementing and
completion of the Project, reasonable access to and from the larger parcel of the
Subject Property shall be maintained; and
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
MAR 19 2014 by the following vote:
Councilmembers: Rivera, Maxwell, Weir, Smith, Hanson, Sullivan, Johnson
e e ✓ r r /
AYES: COUNCILMEMBER Rivera, Maxwell, Weir, Smith, Hanson, Sullivan, Johnson
NOES:
COUNCILMEMBER��
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER K�C3l�e
APPROVED
CITY CLERK and Ex O io Clerk of the
MAR 19 2014 Council of the City of B ersfield
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attog*
ANDREW HEGLUND
Deputy City Attorney
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ORIGINAL
Exhibit A
Fee Legal Description and Plat Map
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C7 CD
ORIGINAL
EXHIBIT A
LEGAL DESCRIPTION
368- 082 -12
ALL THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE NORTH
HALF OF LOT 5, SECTION 29, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT
DIABLO BASELINE AND MERIDIAN IN THE UNINCORPORATED AREA OF THE
COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE SALES MAP OF
LANDS OF JAMES B. HAGGIN IN SAID SECTION DATED AUGUST 18, 1890 FILED
IN THE OFFICIAL RECORD OF THE COUNTY RECORDER OF SAID COUNTY,
EXCEPTING THEREFROM THE WEST 75.00 FEET.
DESCRIBED MORE PARTICULARLY AS FOLLOWS:
PARCEL 'A'
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE WEST 75.00
FEET OF SAID LOT 5 WITH THE SOUTH LINE OF THE NORTH 30.00 FEET OF SAID
SECTION 29;
THENCE (1) ALONG SAID SOUTH LINE OF THE NORTH 30.00 FEET OF SECTION
29 SOUTH 89 °42'16" EAST 21.81 FEET;
THENCE (2) LEAVING SAID SOUTH LINE OF THE SOUTH 30.00 FEET OF
SECTION 29, SOUTH 26° 51' 39" WEST 4.47 FEET TO A POINT ON
THE SOUTH LINE OF THE NORTH 34.00 FEET OF SAID SECTION 29;
THENCE (3) ALONG SAID SOUTH LINE OF THE NORTH 34.00 FEET OF SAID
SECTION 29, NORTH 89 °42'16" WEST 19.81 FEET TO THE EAST LINE
OF THE WEST 75.00 FEET OF SAID LOT 5;
THENCE (4) ALONG SAID EAST LINE NORTH 000 16'43" EAST 4.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 83 SQUARE FEET MORE OR LESS.
Page 1 of 2
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ORIGINAL
PARCEL 'B'
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE WEST 75.00
FEET OF SAID LOT 5 WITH THE SOUTH LINE OF THE NORTH 30.00 FEET OF SAID
SECTION 29;
THENCE (1) ALONG SAID SOUTH LINE OF THE NORTH 30.00 FEET OF SAID
SECTION 29 SOUTH 89 °42'16" EAST 58.94 FEET TO THE POINT OF
BEGINNING;
THENCE (2) CONTINUING ALONG THE SOUTH LINE OF THE NORTH 30.00 FEET
OF SAID SECTION 29, SOUTH 89 042'16" EAST 25.01 FEET
THENCE (3) SOUTH 26 °51' 39" WEST 4.47 FEET TO THE SOUTH LINE OF THE
NORTH 34.00 FEET OF SAID SECTION 29;
THENCE (4) ALONG THE SOUTH LINE OF THE NORTH 34.00 FEET OF SAID
SECTION 29 NORTH 89 04216" WEST 21.01 FEET;
THENCE (5) NORTH 26-16'1 V WEST 4.47 FEET TO THE POINT OF BEGINNING.
CONTAINING 92 SQUARE FEET MORE OR LESS.
TOTAL AREA OF PARCEL 'A' & 'B' = 175 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A
PLAT LABELED "EXHIBIT B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER
MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND
SURVEYORS' ACT. S�Q N U
V DERRILL G.
SIGNATURE aox - -J WHITTEN JR.
* ejjxP 42'31.1j
DERRILL G. WHITTEN JR., LS7816 DATE �,� NO. 7816
OF CAS -AFC
Page 2 of 2
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ORIGINAL
EXHIBIT B
N.W. COR. SEC. 29, T29S, R27E MDM.
--"i�-— ROSEDALE HWY. CENTER LINE
Lo in
N
$89'42'16 "E N
1983.27'11
661.05'
P.O.B
P.O.0 75.00'
\
1 9_0.26'
LENGTH
Li
\
— _ _ _
w
ul
4.47'
SEE DETAIL,/
BELOW
0
a
F
o
N8942'1 6"W
19.81'
co
L4
N00'16'43 "E
4.00'
12.31 13 �P
L5
r
00
�
�
L6
L7
S26'51'39 "W
N "W
z
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2661611
N26'16'11 "W
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368- 082 -12
N89'37'1 7"W 90.28'
P.O.B P.03 589'42'16 "E 58.94' P.OA Ll L5
=�' � I���
HATCH INDICATES
HATCH INDICATES PROPOSED RIGHT OF
PROPOSED RIGHT OF WAY (92 S.F.)
WAY (83 S.F.)
SCALE: 1 " =20'
L7
i
N. 1/4 COR. SEC. 29,
T29S, R27E MDM.
BASIS OF BEARINGS:
THE NORTH LINE OF SEC.
29, T29S, R27E.
M.D.B. &M SHOWN AS
S89'42'16 "E ON STATE
HIGHWAY MAP AT BK. 4,
PG 90, SHEET 6, O.R.
SCALE: 1 "= 100' NOTES:
BEARINGS AND DISTANCES
ARE CALCULATED OR
OBTAINED FROM A FIELD
SURVEY
AREA TABLE:
PARCEL NET* 56,070 SF (EST.)
TAKE AREA (A +B) 175 SF
REMAINDER NET 55,895 SF (EST)
* PARCEL AREA LESS EASEMENTS
CG'RNERS'170 'NE ENGINEERING, INC. RIGHT OF WAY ACQUISITION
208 OAK STREET 717 PIER VIEW WAY
BAKERSFIELD, CA 93304 OCEANSIDE, CA 92054 APN:368- 082 -12 PK
TEL (661 )325 -9474 TEL (760)722 -3495 0 fiy
CONSULTING CIVIL ENGINEERING AND LAND SURVEYING
www.commtonoeng.com PATE: FEBRUARY 28, 2013 SHEET # OF 1
ORIGINAL
LINE TABLE
LAND Spy`
LINE
BEARING
LENGTH
Li
S89'42'1 6"E
21.81'
L2
S26'51'39 "W
4.47'
* P.LS. No. 7816
*
L3
N8942'1 6"W
19.81'
Lic. Exp.
L4
N00'16'43 "E
4.00'
12.31 13 �P
L5
N89'42'1 6 "W
25.01'
r 9�.0 C�,Fp��
L6
L7
S26'51'39 "W
N "W
4.47'
'
L8
2661611
N26'16'11 "W
4.47'
4.4
CG'RNERS'170 'NE ENGINEERING, INC. RIGHT OF WAY ACQUISITION
208 OAK STREET 717 PIER VIEW WAY
BAKERSFIELD, CA 93304 OCEANSIDE, CA 92054 APN:368- 082 -12 PK
TEL (661 )325 -9474 TEL (760)722 -3495 0 fiy
CONSULTING CIVIL ENGINEERING AND LAND SURVEYING
www.commtonoeng.com PATE: FEBRUARY 28, 2013 SHEET # OF 1
ORIGINAL
CLOSURE 368- 082 -12
_- --------------------------------------------------------
Parcel name: 368- 082 -12A
North: 2327696.12205402 East : 6232876.96922320
Line
Course: .9-88,.-42.=,16- Eo- LRength-:--2 -1x81
North:
2327696.00954240 East :
6232898.77884118
Line
course:
S Z6=.6K1--3,9- W--.L-ength,:.4.,4,7e
North:
2327692.01910164 East :
6232896.75779644
Line
course:
N"8'9~'42--T60w --L-ength.— I-9-81
North:
2327692.12128749 East :
6232876.94977413
Line
Course:
N- 00- 16--4Y3- E— L- e- ngthq--4 -PU0
North:
2327696.12205402 East :
6232876.96922320
Perimeter: 50.09 Area: 83 sq.ft. 0.00 acres
Parcel name: 368- 082 -12B
North: 2327695.81801762 East 6232935.90462859
Line Course: 568,9- 42 -M-E> Length : �S�•Olm
North: 2327695.68899737 East : 6232960.91433267
Line Course: 5m2,6- 5439 =W— mngfh -4 4.7
North: 2327691.69855637 East : 6232958.89328780
Line Course: N- 8�9- 42- T6-w -- 'O gth —21-01-- -
North: 2327691.80693728 East : 6232937.88439507
Line Course: N-26 -16-1 W-Length°:°- 4 -:4.7-
North: 2327695.81801762 East : 6232935.90462859
Perimeter: 54.97 Area: 92 sq.ft. 0.00 acres
Page 1
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ORIGINAL
Exhibit B
Temporary Construction Easement Plat Map
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ORIGINAL
EXHIBIT
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT (TCE) FOR APN: 368- 082 -12
ALL THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE NORTH HALF OF
LOT 5, SECTION 29, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND
MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF
CALIFORNIA, ACCORDING TO THE SALES MAP OF LANDS OF JAMES B. HAGGIN IN SAID
SECTION DATED AUGUST 18, 1890 FILED IN THE OFFICIAL RECORD OF THE COUNTY
RECORDER OF SAID COUNTY,
EXCEPTING THE WEST 75.00 FEET THEREOF.
DESCRIBED MORE PARTICULARLY AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE WEST 75.00 FEET OF
SAID LOT 5 WITH THE SOUTH LINE OF THE NORTH 30.00 FEET OF SAID SECTION 29,
THENCE ALONG LAST SAID EAST LINE SOUTH 00 016'43" WEST 4.00 FEET TO A POINT
ON THE SOUTH LINE OF THE NORTH 34.00 FEET OF SAID SECTION 29 AND THE POINT
OF BEGINNING;
THENCE (1) ALONG LASTSAID SOUTH LINE SOUTH 89 °42'16" EAST 19.81 FEET;
THENCE (2) NORTH 260 51' 10" EAST 4.47 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTH 30.00 FEET OF SAID SECTION 29;
THENCE (3) ALONG THE LAST SAID SOUTH LINE, SOUTH 89 °42'16" EAST 37.13 FEET
THENCE (4) SOUTH 26-16'11" EAST 4.47 FEET TO THE SOUTH LINE OF THE NORTH
34.00 FEET OF SAID SECTION 29;
THENCE (5) ALONG THE LAST SAID SOUTH LINE SOUTH 89 °42'16" EAST 21.01 FEET;
THENCE (6) NORTH 26 °51' 39" EAST 4.47 FEET TO THE SOUTH LINE OF THE NORTH
30.00 FEET OF SAID SECTION 29;
THENCE (7) CONTINUING ALONG THE LAST SAID SOUTH LINE SOUTH 89 °42'16" EAST
6.32 FEET TO THE NORTHEAST CORNER OF THE SAID WEST HALF OF
THE WEST HALF;
THENCE (8) ALONG THE EAST LINE OF SAID WEST HALF OF THE WEST HALF SOUTH
000 16'37" WEST 16.00 FEET TO THE SOUTH LINE OF THE NORTH 46 FEET
OF SAID SECTION 29;
THENCE (9) ALONG THE LAST SAID SOUTH LINE NORTH 89 °42'16" WEST 35.00 FEET;
Page 1 of 1gAK' q
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ORIGINAL
1 :0011 =3Uff_1
THENCE (10) NORTH 00° 16'38" EAST 6.00 FEET TO THE SOUTH LINE OF THE NORTH
40 FEET OF SAID SECTION 29;
THENCE (11) ALONG THE LAST SAID SOUTH LINE NORTH 89 °42'16" WEST 37.26 FEET;
THENCE (12) SOUTH 00° 16' 43" WEST 11.00 FEET TO THE SOUTH LINE OF THE NORTH
51 FEET OF SAID SECTION 29;
THENCE (13) ALONG THE LAST SAID SOUTH LINE NORTH 89 °42'16" WEST 18.00 FEET
TO THE EAST LINE OF THE WEST 75 FEET OF THE SAID LOT 5;
THENCE (14) ALONG THE LAST SAID EAST LINE NORTH 00° 16'43" EAST 17.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 1,135 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED "EXHIBIT B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT.
VGNATURE
'r ITTEN JR., c' b97816
6 Is
DATE
v� DERRILL G. 0
--� WHITTEN JR.
NO. 7816
C
Page 2 of 2 �gP,K
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ORIGINAL
m i;
/ N.W. COR. SEC. 29, T29S, R27E MDM.
�—ROSEDALE HWY. CENTER LINE
ir)
N
S89'42'1 6 "E
1983.27'
0
M
P C 75.00'
w .n
s F—
v O
1-4M
ZIz
J
E�-,,
I
yyL. 661.05'
( 1 90.26'
ci / -
tp �
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LINE TABLE
SEE DETAIL 3
M
LENGTH
BELOW
?'
19.81
M
L2
4.47
N26'51'10 "E
L3
37.13
S89'42'16 "E
L4
4.47
S26'16'11 "E
3 Lo O
21.01
S89'42'16 "E
t- Z
4.47
N
150 368- 082 -12
ww
Z O
J
F- g
cn
ui
N89'37'1 7 "W 90.28'
N. 1/4 COR, SEC. 29,
T29S, R27E MOM.
ir)
N
0
BASIS OF BEARINGS:
THE NORTH LINE OF SEC.
29, T29S, R27E.
M.D.B. &M SHOWN AS
S89'42'16 "E ON STATE
HIGHWAY MAP AT BK. 4,
PG 90, SHEET 6, O.R.
SCALE: 1 "= 100' NOTES:
BEARINGS AND DISTANCES
ARE CALCULATED OR
OBTAINED FROM A FIELD
SURVEY
Q EASEMENT TO VAUGHN WATER
PER BK. 3784, PG. 802
L3
EL
0
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L9
HATCH INDICATES
PROPOSED TCE
(1135 S.F.)
DETAIL
SCALE: 1 " =20'
CORNERSTONE ENGMNEERING, INC.
208 OAK STREET
BAKERSFIELD. CA 93304
TEL:(661)325 -9474
CONSULTING CIVIL ENGINEERING AND LAND SURVEYING
LAND
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* P.L.S. No. 7816
Lic. Exp.
s
12 31.09
Alf OF CA4\F�(�
AREA TABLE:
TCE TAKE AREA 1,135 SF
00
LINE TABLE
LINE
LENGTH
BEARING
L1
19.81
S89'42'16" E
L2
4.47
N26'51'10 "E
L3
37.13
S89'42'16 "E
L4
4.47
S26'16'11 "E
L5
21.01
S89'42'16 "E
L6
4.47
N26'51'39 "E
L7
6.32
589'42'16 "E
L8
16.00
S00'1 6'37 "W
L9
35.00
N89'42'16 "W
L10
6.00
N00'16'38 "E
L11
37.26
N89'42'16 "W
L12
11.00
S00'16'43 "W
L13
18.00
N89'42'1 6 "W
L14
17.00
NOO'16'43 "E
L15
4.00
N00'16'43 "E
r
TEMPORARY CONSTRUCTION EASEMENT
APN:368- 082 -12
DATE: FEBRUARY 27, 2014 SHEET<,f ,4
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ORIGINAL
• --------------- - - - - --
Parcel name: TCE 368 - 082 -12•
• North: 2327692.12210110 East : 6232876.94977809•
1 Line Course: S 89 -42 -16 E Length: 19.81
North: 2327692.01991330 East 6232896.75951453•
Line Course: N 26 -51 -10 E Length: 4.47
North: 2327696.00791372 East 6232898.77861152•
Line Course: S 89 -42 -16 E Length: 37.13
North: 2327695.81638252 East 6232935.90811752•
1Line Course: S 26 -16 -11 E Length: 4.47`
North: 2327691.80804214 East 6232937.88652783•
";Line Course: S 89 -42 -16 E Length: 21.01
North: 2327691.69966426 East 6232958.89624830•
,Line Course: N 26 -51 -39 E Length: 4.47
North: 2327695.68738077 East 6232960.91590597•
;Line Course: S 89 -42 -16 E Length: 6.32
North: 2327695.65477971 East 6232967.23582188•
Line Course: S 00 -16 -37 W Length: 16.00
North: 2327679.65496662 East : 6232967.15848470•
Line Course: N 89 -42 -16 W Length: 35.00
North: 2327679.83551043 East : 6232932.15895037•
Line Course: N 00 -16 -38 E Length: 6.00
North: 2327685.83544020 East : 6232932.18798090•
.Line Course: N 89 -42 -16 W Length: 37.26
North: 2327686.02764199 East : 6232894.92847663•
,,Line Course: S 00 -16 -43 W Length: 11.00
North: 2327675.02777204 East : 6232894.87498734•
Line Course: N 89 -42 -16 W Length: 18.00
North: 2327675.12062314 East : 6232876.87522683•
Line Course: N 00 -16 -43 E Length: 17.00
North: 2327692.12042216 East : 6232876.95789208•
• Perimeter: 237.94 Area: 1,135 sq.ft. 0.03 acres•
Mapcheck Closure - (Uses listed courses, radii, and deltas)-
Error Closure: 0.00828587 Course: S 78 -18 -34 E•
Error North: - 0.001678945 East : 0.008113988
Precision 1: 28,716.36
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ORIGINAL.