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HomeMy WebLinkAboutOrd 1065 - LID #27 (Local Improvement District) - Assessment RolL LevyCOUNCIL ACTION AEETIt G GNDA ACTION iy DATE I A ITEEM I I &I /w leitt CITY 141 P OF TUKWIL 1 1 WASHINGTON ORDINANCE NO. JD �S AN ORDINANCE APPROVING AND CONFIRMING THE ASSESSMENTS AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 27, WHICH HAS BEEN CREATED AND ESTABLISHED FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING A SYSTEM OF STORM SEWER LINES AND STORM SEWER LIFT STATION, AS PROVIDED BY ORDINANCE NO. 922 AND L.T'VYING AN ASSESSING THE AMOUNT THEREOF AGAINST THE LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY SHOWN ON THE ROLL. WHEREAS, The assessment roll levying the special assessments against properties located in Local Improvement District No. 27 within the City of Tukwila, Washington, created by City of Tukwila Ordinance No. 922, has been filed with the Clerk of the City of Tukwila, Washington, as provided by law; and WHEREAS, Notice of the time and place of hearing thereon and of making objections and protests to said roll was duly published at and for the time and in the manner provided by law, fixing the time and hour of hearing thereon for the 5th day of July, 1978, at the hour of 7:00 P.M., Pacific Daylight Time, in the Council Chambers of the City Hall in the City of Tukwila, Washington, and further notice thereof was duly mailed on June 16, 1978 to each property owner shown on said roll, said mailing having been made at the direction of the City Clerk by Harstad Associates, Inc., engineers fora said project; and WHEREAS, At the time and place fixed and designated in said notice, the hearing was duly held and all written protests received were duly considered and all persons appearing at said hearing were heard, and the City Council having directed that the roll be changed and modified to include in the said assessment roll that portion of Tax Lot 70 in the Southwest 1/4 of Section 25, Township 23, Range 4 E.W.M., on which the City Maintenance Shop is built; and to provide for the City to further participate in the roll by paying assessments equal to those which are calculated upon those properties or portions of properties listed in Exhibit A which are presently zoned R -1 and R -A and which have the probability of being rezoned to commercial or industrial use consistent with the Comprehensive Land Use Plan; and to include in the said assessment roll that portion of Tax Lot 37 in the Southwest 1/4 of Section 35, Township 23, Range 4 E.W.M., zoned M -2 owned by King County on which the Bow Lake Transfer Station is built; and to provide additional administration and finance costs of $10,500.00; and the City Council having directed the aforesaid referenced changes and modifications to the said roll overruled and denied all other written protests and denied all other requests for changes of assessments on said assessment roll; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN AS FOLLOWS: Section 1. The assessments and assessment roll of Local Improvement District No. 27, which has been created and established for the purpose of constructing and installing a system of storm sewer lines and storm sewer lift station, all in accordance with City standards, within the corporate limits of the City of Tukwila, as provided by Ordinance No. 922, be and the same are hereby in all things and respects approved and confirmed in the total amount of $552,736.42. Section 2. Each of the lots, tracts, parcels of land and other properties shown upon the roll is hereby determined and declared to be specially benefitted by said improvement. Except for R -A and R -1 zoned lots, tracts, parcels of land and other properties excluded by Ordinance 922 and whose owners have elected not to participate in the said final assessment roll, there is hereby levied and assessed against each lot, tract, parcel of land and other property appearing upon said roll the amount finally charged against the same thereon. Section 3.a. Upon approval by the City Council of a rezone of a lot, tract, parcel of land or other properties or portion thereof zoned R -1 or R -A as of the effective date of this Ordinance and for which no assessment has been paid by the property owner or the City of Tukwila, an assessment of $668.90 per acre thereof shall be paid in full to the City of Tukwila Finance Director. The total amount shall be paid upon rezone and when collected, shall be deposited into the General Fund of the City of Tukwila. Exhibit B attached hereto, and by this reference made a part hereof, lists all properties presently zoned R -1 and R -A for which the owners or the City of Tukwila have not paid an assessment as part of the apportionment of the final cost of the aforesaid improvement. Section 3.b. Upon approval by the City Council of a rezone of a lot, tract, parcel of land or other properties presently zoned R -1 or R -A for which the assessment has been paid by the City of Tukwila rather than the property owner, the total actual cost of such assessment and interest shall be reimbursed to the City of Tukwila. The total amount shall be paid in full to the City Finance Director upon rezone and when collected, shall be deposited into the General Fund of the City of Tukwila. Exhibit A attached hereto, and by this reference made a part hereof, lists all properties presently zoned R -1 and R -A for which the City of Tukwila paid the assessment and the amounts of the assessments paid. Section 4. The assessment roll as approved and confirmed shall be filed with the Finance Director of the City of Tukwila for collection and said Finance Director is hereby authorized and directed to publish notice as required by law stating that said roll is in hand for collection and payment of any assessment thereon and that payment of any portion of said assessment can be made at any time within thirty days from the date of the first publication of said notice without penalty, interest or costs. And that there- after, the sum remaining unpaid may be paid in ten equal annual installments with interest thereon hereby fixed at the rate of 8 -1/2% per annum. The first installment of assessments on said assessment roll shall become due and payable during the thirty -day period succeeding the date one year after the date of first publication by the Finance Director of notice that the assessment roll is in hand for collection and annually thereafter each succeeding install- ment shall become due and payable in like manner. If any portion of the assessments remains unpaid after the first thirty -day period, interest on the whole unpaid sum shall be charged at the rate of 8 -1/2% per annum and each year thereafter one of said installments, together with interest due on the whole unpaid balance, shall be collected. Any installment not paid prior to the expiration of the said thirty -day period during which such installment is due and payable shall thereupon become delinquent. All delinquent installments shall be subject to a charge for interest at 8 -1/2% per annum and for an additional charge of 5% penalty levied upon both principal and interest due upon such installment or installments. The collection of such delinquent installment will be enforced in the manner provided by law. Ap3roved as to Form: City Attorney PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, And approved by the Mayor, at a regular meeting thereof this J _D-b day of N 1978. 4404, g Mayor Attest: City Clerk Clerk Published: Record ChronicCe, Z..3 CITY PARTICIPATION IN R -1 AND R -A ZONED PROPERTY: R -1 PROPERTY: LEGAL DESCRIPTION 352304 9003 -01 LOT 35 23 —C4 BLK 9008 SE 1/4 OF NE 1/4 CF NW 1/4 LN S CF N.LSIEL RC 262304-9069-08 LOT 26 -23 —C4 ELK SC69 PCR CF NE 1/4 OF SW 1/4 LY k OF CO RD DAF —BEG SW CCR CF SUEC TH N ALG W LN 255 FT TH E PLW 5 LN TO V IN CF CC PC TH S ALG SC W IN 255 FT M/L TO 5 LN TH h ALG 5 IN TO EEG LESS E 6 FT FOR ST 262304— SC71 -04 LOT 26 -23 -04 ELK 9071 POR OF NE 1/4 OF S1+° 1/4 LY k CF CO RC CAF —BEG AT PT ON W LN 255 FT N CF SW CCR TH Pt ALG SC W IN 255 FT TH E PLW S LN TO W LN CF CC PD TH S ALG S C W LN 255 FT M/L TO NXN WITH LN RNNG E FRP BEG PLW S LN OF SUED TH W ALG SD PLL LN TC BEG LESS ST HWY LESS E 6 FT FOR S T 262304— SC7C -05 LET 26 -23 -04 ELK SC70 PCR CF NE 114 OF St 1/4 LY a CF CC PC CAF —BEG ON W LN OF SUBD 510 F1 N CF 5W CEP TN Pti LLG W LN 255 FT TH E PLW 5 LN TO F LN OF CC PC TE S ALC SC W LN 255 FT M /L -TO NON 41TH L1\ PNRG E FF1+ EEC PLW S LA CF SUEC TH M ALG SD PLL LA TC BEG LESS ST HI+y LESS E 6 FT FOR 5T EXHIBIT A ASSESSMENT PAID BY CITY $274.25 $3,163.88 $2,481.61 $1,799.33 R -1 PROPERTY Cont.: LEGAL DESCRIPTION 262304- 9011 0 7 LCT 26 -23 —C4 ELK 5011 UNE 1/2 INT IN FOLG POR CF NE 1/4 Cf Si 1/4 LY CF CC RC CAF —EEG AT PT ON H LN OF SUBD 765 FT N OF 5% CCR TH tt ALG W LN 255 FT TF: E PLb S LN OF SLBD 10 LN CF CC RD TN. S ALG SC W LN 255 FT M/L TO NXN 11TH A LN Rt NG E FRP EEG PLW S LN OF SD SLBO TH ALG SD PLL LN TC EEG LESS ST FbY LESS E E FT FOR 5T 2623C4— SC12 —G6 LOT 26 -23 -04 BLK SC12 Uf'D 1/2 INT IN FDLG —POR CF NE 1/4 OF Sty' 1/4 LY OF CO RD DAF —BEG AT PT CN W LN CF SUED 765 FT N OF SW CCR TH N ALG W IN 255 FT Tf- E PLW S LN OF SUED TO W LN OF CO RD TH S ALG W LN 255 FT P/L TC NXN WITH A LN RNNG E FRM BEG PLW S LN CF SC SUED TH W ALG SC PLL LN TO EEG LESS ST F%Y LESS E 6 FT FCR ST 262304 5068 -0S LOT 26 -23 —C4 ELK S068 PCP CF NE 1/4 OF SW 1/4 CAF —BEG CN M LN CF SLBD 1020 FT N CF SW COR TH N ALG W LN 2S4.62 F T t' /L TC M CCR Th E ALG t. LN TC F+ LN OF CG RD 7H 5 ALG C C RD 2S4.62 F T I /L TO NXN WITH LN RNNG E FRM BEG PLW 5 LN CF SUBI: TH W ALE PLL IN TO BEG LESS 51 HF+Y LESS E 6 FT FCR ST ASSESSMENT PAID BY CITY $454.85 $454.85 $1,096.99 R -A PROPERTY: LEGAL DESCRIPTION 352304- SC5C -08 101 35 -23 -04 ELK 9050 POR 01 7 LY Nt,LY OF 57TH AVE 5 LESS E 210 FT PEAS CA N Lh exc por outside of present City of ,Tukwila boundary 352304- SC4S -02 LET 35 -23 -04 ELK 5049 E 1CC F7 CiF N 490 F1 OF 5M 1/4 CF SW 1/4 LESS MESS EROS RC C LESS ANY PER L's E CF SO FD 352304- 9034 -09 Pop. S -T -R 35 23 04, T. Lot 9034 POP.. Beg intsn S In SE 1/4 of NW 1/4 with Wly Mgn Co Rd. No. 540 th W 6S7.02 ft. th. N 18 30'20" W 835.35 ft. th S 87° 53'30" E 504.80 ft. th N 60 47'30" E 206.43 ft. th Sly alg Wly mgn of Co Rd to beg Less that por ly NWIy of the ff desc In Beg intsn S In SE 1/4 of NW 1/4 with Wly mgn Co. Rd. No. 540 (57th Ave.'5) th W 657.02 ft. th N 18 30'20" W 835.35 ft th s 8 7 53'30" E 504.80 ft. th N 60 47'30" E 206.43 ft sd pt being the TPOB of sd In; th SW1y tap on the S In of the NW 1/4 of sd sec, sd pt being 480 ft. M/L W from the intersection of S In of sd sec with the Wly margin of 57th Ave. S. and the terminus of sd In 352304 9015 -02 po. S -T -R 35- 23-04, T. Lot 9015 Po(L Beg on N In of SW 1/4 960 ft. E of W 1/4 cor th S 53 °24'59" W, 727.57 ft. th S 38 42'02" E, 1,144.63 ft. to S In of N 1/2 of SW 1/4 th E alg sd In to a pt 210 ft. W of Co. Rd. No. 76 th S 259 ft. M/L to Co. Rd. No. 76 th NEIy alg NW1y mgn Co Rd. No. 76 to N In of SW 1/4 th W to beg less Beg 444 ft. 5 571.5 ft. E of W 1/4 cor th N 85 ft. th E 421 ft. th S 246 ft th W 1421 ft. th N 161 ft to beg less Co Rd less por ly S W of folg desc In beg most Wly cor th S 85 56'00" iE to Wly In of NE 1/4 of SW 1/4 of Sec th S 04 04' 00" W to SE cor of NW 1/4 of SW 1/4 less St. Hwy Less that por ly NWIy of the ff des 1n, beg at the SW cor of NE 1/4 of SW 1/4 of sd sec th NEIy tap on the N In of the SW 1/4 of sd Sec sd pt being 480 ft, M/L Wly of the Wly margin of 57th Ave. S.yand the ter- minus of sd In. ASSESSMENT PAID BY CITY 3,545.15 $.795.99 749.16 $8,494.99 R -1 PROPERTY Cont.: OWNER 262.304- 9024 -02 POR. Jack A. Benaroya Company 00177 595) Sixth Avenue South Seattle, Washington 98108 R -A PROPERTY: OWNER 352304 9057 -01 Jonientz, Paul 5565 South 178th Street Seattle, Washington 98188 LEGAL DESCRIPTION ACREAGE 262304 9024 -02 Pog. S -T -R 26- 23 -04, T Lot 9024 PoR That por of SE 1/4 of SW 1/4 ly W of Co. Rd. Ex S 260 ft. less por ly S of A In daf beg SE cor thof th NW1y alg W mgn 57th Ave. S. 564.36 ft. to pt. of curve th alg curve to rgt 225.87 ft. to pt of tangency TPOB th N 86 30'55" W, 83.88 ft. th S 76 47'13" W 130.27 ft. th s 64 °13'58" W, 181.90 ft. th S 76 °18'46" W 50.90 ft. th S 40 °10'04" W, 75.97 ft. th S 85 °08'34" W 160.64 ft. to pt on W In of subd less E 6 ft. for St. and less that portion lying Ely and Sly of a line drawn as follows: Beg at a pt on the N line of said subdivision which lies •250.00 ft. W of the W mgn of 57th Ave. S. (Southcenter Parkway) th S 01 °41'39" W, a dist of 54.76 ft.; th S 04 °34'26" E, a dist of 50.16 ft. th S 12 °28'30" E, a dist of 33.38 ft. to the centerline of a railroad esmt; th SWIy alg sd centerline on a curve to the left, having a- radius of 410.28'an arc dist of 175.50 ft., more or'less, to the toe of a slope to northwest; th Wly alg the toe of said slope to a point on the west line of said subdivision which lies 344.00 ft. from the NW corner thereof together with that por thereof lying 11.00 ft. Wly of the centerline of said railroad esmt. LEGAL DESCRIPTION ACREAGE EXCLUDED 352304 9057 01 S -T -R 35 23 0 4 T. Lot 9057 Por of SW 1/4 of NE 1/4 of NW 1/4 ly SWIy of P. J. Musiel Rd daf beg at SW cor of subd th N alg W In 503.47 ft to Sly mgn of sd rd th S 65 26'33" E alg Sly Rd mgn 374.01 ft th S 55 13' 0 3" E alg rd mgn 104.12 ft th S 23 27'57" W 180 ft th S 02 09'03" W 137.09 ft to pt on S In of sd subd th W 365.16 ft to tpob 2.46 3.73 R -A PROPERTY Cont.: OWNER 352304 903300 Richards, Pe$ge S. 00177 10016 N. E. 23rd Bellevue, Washington 98004 R,enb3gaer Herman R0877 d>1 ulgIERPn fo►ix.98188 352304-9334-09 PoR. Schoenbachler, Herman 18115 Southcenter Parkway Seattle, Washington 98188 352304 9039 0 4 Schoenbachler, Herman 18115 57th Avenue South Kent, Washington 98031 LEGAL DESCRIPTION ACREAGE 352304-9033 -00 S -T -R 34- 23 -04, T. Lot 9033 S 660- ft. of SW 1/4 of NW 1/4 less por platted Secluded Terrace Park Less Co. Rd. Except por outside of present City of Tukwila Boundary 3523049056 -02 S -T -R 35 ^23 04 T. Lot 9056 Por of SE 1/4 of NW 1/4 daf beg at SW cor of Subdiv th N 01 49'45" E alg W In 566.20 ft th N 63 06'45" E, 485.45 ft th S 18 30'20" W 835.35 ft to S to of Subdiv th N 87 56'03" W alg sd In 186.03 S i n 186.03 ft to pob 352304 9034_ 09 .pdR- S 35 23 0 4 T. Lot 9034 Poi. Beg intsn S In SE 1/4 of NW I/4 with Wly fgn Co. Rd.. No. 540 th W 657.02 ft. th N 18 30'20" W 835.35 ft th S 87 53'30" E 504.80 ft th N 60 47'30" E 206.43 ft th Sly alg Wly mgn of Co. Rd. to beg Less that por ly SEIy of the ff desc In beg intsn S in SE 1/4 of NW 1/4 with the Wly mgn Co. Rd. No. 540 (57th Ave. S.) th W 657.02 ft. th N 18 30'200" W, 835.35 ft. th S 87 53'30" E, 504.80 ft. th N 60 °47'30" E 206.43 ft. sd pt. being the TPOB of sd ln, th SWIy tap on the S In of the NW 1/4 of sd sec, sd pt. being 480 ft. M/L W from the intersection of S In of sd sec with the Wly _margin of 57th Ave. S. and the terminus of sd In. 352304- 9039 -04 S -T -R 35 23 04, T. Lot 9039 Beg 444 ft. S 571.5 ft. E of W 1/4 cor th N 85 ft th E 421 ft th S 246 ft th W 421 ft. th N 161 ft to beg less St. Hwy 1.10 5.42 11.04 0.68 R -A PROPERTY Cont.: OWNER 352304 9015 -02 9 352304- 9015 -02 PoR. 352304 9051 -07 Segale, Mario A. R0575 Post Office Box 88050 Tukwila, Washington 98188 LEGAL DESCRIPTION ACREAGE Schoenbachler, Herman R0877 S -T -R 35 23 -04 R- T. Lot 9015 PO 18115 Southcenter Parkwa Be g on N In of SW 1/4 960 ft E of W 1/4 y cor th S 53 W, 727.57 ft th S 38 Seattle, Washington 98188 42'02" E, 1,144.63 ft to S In of N 1/2 of SW 1/4 th E alg sd In to a pt 210 ft W- of -Co. Rd. No. 76 th S 259 ft M/L to Co. Rd. No. 76 th NEIy alg NWIy mgn Co. Rd. No. 76 to N In of SW 1/4 th W to beg less Beg 444 ft. S 571.5 ft E of W 1/4 cor th N 85 ft. th E 421 ft. th S 246 ft. th W 421 ft th N 161 ft. to beg less Co Rd less por ly S W of folg desc In beg most Wly cor th S 85 °56'00" E to Wly In of NE 1/4 of SW 1/4 of Sec. th S 04 04'00" W to SE cor of NW 1/4 of SW 1/4 less St. Hwy Less that por ly SEIy of the ff dis In Beg at the SW cor of the NE 1/4 of SW 1/ of sd Sec, th NEiy tap on the N In of the SW 1/4 of sd Sec, sd pt being 48o ft, M/L Wly of the Wly margin of 57th Ave. S. and the terminus of said In. 352304-9051-07 S -T -R 35- 23 -04, T. Lot 9051 Por of NW 1/4 of SW 1/4 ly Ely of Orillia Rd Extn beg NW cor th S 87 56'00" E alg E W ctr In of Sec 960 ft th S 53 24'59" W 727.57 ft to pob th S 38 42'02" E 1, 144.63 ft to S In of sub th S 87 57'00" E alg S in 100 ft to SE cor th N 04 04'00" E alg E In to pt bearing S 85 56'00" E fr pob th N 85 56'00" W to pob S 30 ft for rd less por ly within folg beg 444 ft S 571.5 ft E of W 1/4 cor of sec th N 85 ft th E 421 ft th S 246 ft th W 421 ft th N 161 ft to beg less St Hwy 9.85 6.30 R -1 AND R -A ZONED PROPERTY FOR WHICH NO ASSESSMENTS HAVE BEEN PAID: R -1 PROPERTY: OWNER LEGAL DESCRIPTION ACREAGE 812520 0360-03 Wiese, William C. L. 13119 42nd South Seattle, Washington 98168 812320- 0390 -07 Andarson 13849 18th Avenue S. W. F0176 Seattle, Washington 98166 812520- 0400 -05 Anierson F0376 13349 18th Ave. S. W. Seattle, Washington 98166 812520 0410 03 Jack A. Benaroya Company 00177 5)50 Sixth Avenue South Saattle, Washington 98108 262304- 9096 -05 Castello Land Company 3400 Phinney Avenue N. Seattle, Washington 98103 EXHIBIT B 812520 0360 -03 Lots 36 37 38, Sunrise View Unrec. Ly Ely of St. Hwy 812520 0390 -07 Lot 39, Sunrise View Unrec. Less St. Hwy 81250- 0400 -05 Lot 0, Sunrise View Unrec. Less St. Hwy 812520-0410-03 Lot 41, Sunrise View Unrec. Less St. Hwy 262304- 9096 -05 Por of 3/4 of T. Lot of 1/4 ly E of PSH No. 1 less Sd. Hwy 0.18 0.18 0.24 1.02 1.00 R -A PROPERTY Cont.: OWNER 352304 9090 -00 Denure, J. W. P. C. Hoge 5563 S. 178th Seattle, Washington 98188 352304-9019 -08 Jonientz, Paul 5565 South 178th Street Seattle, Washington 98188 352304 9040 -01 Martin, Roy E. 5665 South 178th Seattle, Washington 98188 LEGAL DESCRIPTION ACREAGE 352304- 9090 -00 S -T -R 35 23 T. Lot 9090 Beg SW cor SW 1/4 of NE 1/4 of NW 1/4 th E alg S' In 365.16 ft th N 02 09'03" E 137.09 ft th N 23 27'57" E 179.32 ft to SWIy mgn S 178th St. th SEIy alg SWIy mgn 20.13 ft to tpob th contg SEIy alg SWIy mgn 70 ft th S 21 38'27" W 120.39 ft th N 68 52'03" W 70.06 ft th N 23 27' 57" E 145 ft to beg 0.19 352304 9019 -08 S -T -R 35 04, T. Lot 9019 That por of SW 1/4 of NE 1/4 of NW 1/4 ly S W of Musiel Road ly E of folg desc In beg at pt on S In sd subd 365.16 ft. E of SW cor th N 02 09'03" E 137.09 ft. th N 23 27'57" E 180 ft to S mgn of rd less beg most Nly cor th SEIy alg SWIy mgn S 178th St. 20.13 ft. to beg th contg SEIy alg SWIy mgn 70 ft. th S 21- 38 -27" W 120.39 ft. th N 68 0 52'03" W 70.06 ft. th N 23 °27'57" 0.78 E 145 ft to beg 352304- 9013 -87 352304- 9013 -87 Ray and Madeline S -T -R 35- 23 -04, T. Lot 9013 Flink F1ink SE 1/4 of NW 1/4 ly Wly of Co. Rd. No. 540 18059 Southcenter Parkway Nly of In beg on W In of subdiv 566.20 ft. N 180 180 5, Washington 98188 Parkway of SW cor rng th N 63 06'45" E 485.45 ft th S 87 53'30" E 504.80 ft th N 60 °47'30" E 206.43 ft to Wly mgn of Co Rd less beg on N In of Sub div 800 ft E of NW cor th S at R/A 250 ft. th E plw N In to lily In of Co. Rd. No. 540 th Nly alg sd Wly mgn of Co. Rd. to N in of Sub div th W alg sd N In 335 ft. M/L to beg tax por part ex under Chp 288, Lws 1971 Not inc 352304 9040 -01 S -T -R 35 23 0 4 T. Lot 9040 Beg on N I n of S E 1/4 of NW 1/4 800 ft E of NW cor th S at R/A 250 ft. th E plw sd N In to Wly In Co. Rd. No. 540 th Nly alg sd Wly rd In to N In of sd Subdiv th W alg sd N in 335 ft M/L to beg less sts. 12.28 1.63 R -A PROPERTY Cont.: OWNER 352304-9037-06P0- King County King County Administration Building 500 Fourth Ave. Seattle, Washington 98104 LEGAL DESCRIPTION ACREAGE 3523094 9037 06 Pots S -T -R 35 23 04, T. Lot 9037 PoR, That por of T. L. 9037 lying east of the folg: That por of the W 1/ of the SW 1/4 of Sec. 35, T 23 N, R 4 E, W.M., desc as fols: Beg at the W 1/4 cor of said Sec. 35; running th S 87 56'03" E alg the east -west centerline of said Sec. 35, a dist of 960.0 ft. th S 53 24'59" W, a dist of 727.57 ft. th S 38 42'02" E, a dist of 658.13' to the E mgn of Primary St. Hwy No. 1 (SR -5) as deeded under Aud File No. 5517861; th cont S 38 42'02" E, a dist of 486.5 ft. to a pt on the N In of the SW 1/4 of the SW 1/4 of Sec. 35, 100 ft. N 87 57'17" W from the NE cor thof; th S 4 04' W parallel to the E In thof 490 ft; th N 87 57'17" W .parallel to the N In thof to the Ely mgn of Primary State Hwy No. 1 (SR-5) as deeded under Auditor's File No. 6120867 a dist of 920.63' to the intersection with a curve the center of wh bears S 80 °48'21" E from said intersection and the True Point of Beginning th NE1y alg sd curve having a radius of 2,960 ft through a center angle of 1 °06'21 a distance of 57.14 ft th N 10° 18' E alg sd mgn a dist of 158.41 ft to an inter- section with a curve on the margin of Primary State Hwy No. 1 (SR as deeded under Auditor's File No. 5517861, the center of wh bears N 74 03'07" W from sd intersection; th NEIy alg sd curve having a radius of 3,084.79 ft; through a central angle of 3 21'53 a dist of 181.16 ft; th S 77 25' E a dist of 110.00 ft to a pt 330 ft and radially from centerline Station LW 2442 +33.2 th NEly alg an arc of a spiral concentric with the_ centerline of said Hwy a dist of 317.2 ft more or less to a pt 330 ft. meas at right angles from Station LW 2445+ 33.3 on sd centerline; th S 80 °25' E, a dist of 370 ft th S to a pt wh bears 87 E, a dist of 590.0 ft. from the TPOB th N 87 57'17" W to the TPOB 5.42