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HomeMy WebLinkAbout88-680 - Resolutions RESC~UTION.NO.~'~88r680. _ , , ...... ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .RANCHO CUCAFDNGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND ANNEXATION~ ,AGREEMENT~88--04.(ANMANSON.~DEV~'.OPMENTS, INC.), FOR DEV~-OPMENT AND ANNEXATION-.OF~APPROXIMAT~LY .53 ACRES OF VACANT LAND LOCATED AT THE SOUTHWEST CORNER OF ETIWANDA AVENUE AND ,25TH STREET, AND MAKING-FINDINGS IN SUPPORT THEREOF ~ (i) The owner of the,subject.,property .has,requested,annexation to the City. (ii) The Clty is pursuing a change of organization (annexation) of the subject property from the unincorporated arga ,of the.~County of San Bernardino to the City of Rancho Cucamonga. (iii) Attached to this Resolution, marked as Exhibit "1" and ~ncorpqrated ~9~ein~.by ~gferen~~ _is Annexation Agreement 88-04 concerning the subject property~located _at~ the southwest corner of Etiwanda Avenue and 25th Street, as legally described in Exhibit "A" of Annexation Agreement. (iv) On November 16, 1988, the City Council of the City of Rancho Cucamonga held a duly noticed public hearing concerning the proposed Annexation Agreement and concluded said hearing on that date. (v) Ail the legal prerequis%tes p~%o~. ~0. t~e.adqpt~on 9f.. t~is Resolution have occurred ..... ~_,~. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonsa does hereby.-resolve.by as~follow$: .............. u. 1. This Council hereby ' ' ' hat-.all of the facts.set speclfmcally, finds t forth in=the-Recitals, Part A. Of .this ~Resolution. are true~,and-correct 2. In conjunction with this Annexation Agreement, in conformance with the requlrements~of the Californla Environmental Quality-~Act,-an-.en~ironmental assessment has been prepared. The Council has determined that this application wou~ld not have a significant adverse effect on the environment, hereby adopts a finding of no significant impact on the environment, and hereby issues a Negative Declaration. Resolution No. 88-680 Page 2 3. The Council specifically finds that: (a) The annexation conforms to the General Plan of the City of Rancho Cucamonga;'and (b) That the public necessity and general welfare require the approval of the Annexstion Agreement. 4. The City Council approves the Annexation Agreement attached hereto as ~hibit "1". PASSED, APPROVED, and ADOPTED this 16th day of November, 1988. , ~ . ._AYES: Brown, Buquet, .Stout, King NOES: None .. ABSENT: ~ Wright ...... Dennis L..St-out, ~.May~r A'£T~$T: ' , - ,.o,' ·. ~elet, City Clerk-- I, BEVERLY A. AUTHELET, CITY CLERK of the City of Ranch~ Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted,by.~ the_ City . Council of the City of Rancho. Cucamonsa, California. at a regular meeting, of said City Council hgld on the 16th.day of November, 1988. ,. .Executed..this 17th day. of November, 1988 at Rancho Cucamonga, California. . . EXHIBIT "1" Resolution No. 88-680 Page 3 RECORDING REQUESTED BY AND, WHEN RECORDED, MAIL TO: Beverly a. Authelet City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 ANNEXATION AI~REE~ENT This ANNEXATION AGREEMENT ("Agreement") is entered into to be effective on November 16 , 1988, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation of the State of California ("City"), and AHMANSON DEVELOPMENT, INC. (hereinafter referred to as "Owner"). A. Recitals ii) Owner is the owner of property presently located in the unincorporated area of San Bernardino County, California, consisting of approximately 52.2 acres at the southwest corner of Etiwanda Avenue and 25th Street more particularly described in Exhibit "A" hereto and hereinafter referred to as "the Property". (ii) Owner desires to annex the Property to the City if City, prior to annexation, approves that proposed Development Agreement attached hereto as Exhibit "B" ("the Development Agreement" hereinafter). (iii) City has determined that annexation of the Property into the City would be beneficial to City and is concurrently providing assurances to Owner of .Owner's permission to develop the Property by entering into the Development Agreement. -1- Resolution No. 88-680 NOW, THEREFORE, the parties hereto agree as follows: 1. Initiation of Proceedings. Subject to paragraph 2 below, City shall initiate and diligently pursue to completion proceedings for annexation of the Property to the City in as expeditious a manner as possible and in accordance with the provisions of the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Sections 56000, e__t seq., the previously or concurrently herewith adopted a Resolution of Application to Annex and promptly shall submit the proposal for annexation of the Property to the City to the Local Agency Formation Commission of San Bernardino' County ("LAFCO"). City agrees to comply with all reasonable and normal conditions and requests for additional information and documents imposed by LAFCO in connection with the annexation proposal. City agrees to negotiate in good faith with the County of San Bernardino ("County") as to the real property tai exchange between the City and the County to the end that such exchange is agreed upon at the earliest possible time. After LAFCO has made its order of determinations with respect to the annexation proposal and provided that City has approved the Development Agreement as provided in Paragraph 2 below, City shall complete the annexation proceedings. It is the intent of Owner and City that the annexation proposal approved by LAFCO authorize the City to proceed with the annexation without notice and hearing and. without election. In that regard, Owner agrees to consent to the annexation and, further, Owner' shall forthwith suspend its activities and processes related to obtaining land use entitlements for the site or any portion or portions thereof from the County of San Bernardino. 2. Completion of Annexation Proceedings. Notwithstanding the provisions of Paragraph 1 above, City shall not adopt a resolution ordering the annexation of the Property to the City, nor authorize the Clerk of the City to transmit a certified copy of such resolution pursuant to the Cortese- Knox Act to the Executive Officer of LAFCO until City's City Council approves the Development Agreement. -2- Resol.utio~ No. 88-680 'Page 5 3. Environmental Review. In connection with approval of the Development Agreement, City Shall undertake all necessary and appropriate review and evaluation of the potential environmental impacts thereof and the development of the Property in accordance therewith on a timely basis and in conformity with all legal requirements, and shall be the "lead agency" for purposes of the California Environmental Quality Act. 4. Notices. Any notice to either party shall be in writing and given by delivering the same to such party in person or by sending the same by registered or certified mail, return receipt requested, or Express Mail, with postage prepaid, to the party's mailing address. The respective mailing addresses of the parties are, until changed as hereinafter provided, the following: City: City of Rancho Cucamonga 9320 Base Line Road Rancho Cucamonga, California 91701 Attn: Larry Henderson, Senior Planner Owner: Ahmanson Developments ,Inc. 1123 Parkview Drive, Suite 300 Covina, California 91724 Attn: Craig Page Either party may change its mailing address at any time by giving written notice of such change to the other party in the manner provided herein at least Zen (10) days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. -3- ResolDtion No. 88-680 Page 6 5. Attorneys' Fees. If legal action is brought by either party against the other for breach of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. 6. Negation of Partnership. The parties specifically acknowledge that development of the Property is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the'terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Developer, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. This Agreement is not intended nor shall' it be construed to create any third party beneficiary rights in any Person who is not a party, unless otherwise provided. 7. Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any Person, by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other Person or circumstances and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement. 8. Exhibits. All Exhibits to which reference ~s made herein are deemed incorporated into this Agreement in their entirety by reference thereto. 9. Entire Agreement. This written Agreement and the Exhibits hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto, and such memoranda. -4- Resolution No. 88-680 Page 7 10. Construction of Agreement. The provisions of this kJreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives and purpose of the parties hereunder. The captions preceding the text of each article, section, subsection and the Table of Contents hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. 11. Further Assurances: ~ovenant to Sign Documents. Each party covenants, on behalf of itself and its successors, heirs and assigns, to take all actions and do all things and to execute, with acknowledgement or affidavit if required, any and all documents and writings that may b~ necessary or proper' to achieve the purposes and objectives of this Agreement. 12. Governing Law. This Agreement, and the rights and obligations of the parties, shall be governed by and interpreted in accordance with the laws of the State of California.' 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one instrument. The parties have executed this Agreement as of the day and year first written above. -5- Resolution No.-88-680 Page 8 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Beverly A. Authelet City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 THIS AGREE)4ENT is made and entered into as of the thirty-first d~ following final adoption of the ordinance approving it (hereinafter, the "Effective Date") by and between the CITY OF RANCHO CUCAJ40~A, a municipal corporation ("City" hereinafter) and A~ANSON DEVELOPMENTS, I~. (hereinafter referred to as "Developer"). YXTNESSETH: A. Recitals. (i) California Government Code Section 65864 provides as follows: "The Legislature finds and declares that: "(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and coneitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. "(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, -1- Resolution No. 88-680 Page 9 rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." (ii) California Government Code Section 65865 provides in pertinent part as follows: "Any city, . , may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article " (iii) California Government Code Section 65865.2 provides as follows: "A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary action, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time." (iv) Developer owns fee title in and to that real property consisting of approximately 53 acres in the unincorporated area of San Bernardino County now proposed for annexation to City. Said property is legally described in Exhibit "A" attached hereto and hereinafter is referred to as "the Site". -2- Resolution No. 88-680 ~Page 10 (v) City's General Plan Designation for the Site is Low Density Residential (two to four units per acre). Developer and City desire to provide through this Development Agreement specific development criteria to be applicable to the Site upon its annexation to City which will provide for maximum efficient utilization of the Site in accordance with sound planning principles. (vi) This Agreement is entered into pursuant to the provisions of Article 2.5 of Chapter 4, Title 7 of the California Government Code commencing with Section 65864 thereof. (vii) City has determined that the use and intensity of use provided in this Development Agreement is consistent with the General Plan. (viii) As part of the process of approving this Agreement~ City has undertaken, pursuant to the California Environmental Quality Act ("CEQA"), the required analyses of the environmental effects which would be caused by the agreement and adopted a resolution documenting compliance with CEQA. (ix) As further consideration for the assurances provided by this Agreement to Developer that Developer will not be prevented from developing the Property, City has requested that Developer provide, and is willing to provide, certain additional sums and agreements to construct and transfer to the public certain additional improvements. NOW, THEREFORE, the parties hereto agree as follows: i. The parties hereby agree that City's zoning and prezoning designation for the Site hereby is deemed to be Low Residential (L) subject to the specific terms and provisions hereof which shall supersede conflicting standards and requirements of the Low Residential {L) District so long as this agreement is in full force and effect. The duration of this Development Agreement shall be seven (7) years following the Effective Date, that is, upon -3- Resolut£on No. 88-680 Pa~e 11 the expiration of the seven (7) year period commencing ineediately after the Effective Date, if Developer has not then performed construction work Jn the Site or any portion or portions thereof pursuant to a building permit or permits issued by City, the Site or any such portfon or portions thereof shall then be deemed to be zoned Low Residential (L) and the development of the Site then and thereafter shall be governed accordingly by the then current provisions of the City's Zoning Ordinance as to L zoning or the then applicable specific plan and/or zoning catego~ succeeding thereto. For the foregoing purpose, construction work shall not include preparation of plans, engineering work or grading. 2. The following development standards and conditions shall govern the development of the Site during the term hereof, subject to the provisions of paragraph 1 hereinabove: A. City shall allow the Site to be developed to a density of up to two and a quarter (2.Z5) per acre, calculated in accordance with City's method of calculation specified in its Development Code as of the Effective Date. Developer mu apply for any density within the standards of the Low Residential (L) zone. B. When and if requested by Developer from time to time,* City shall use its best efforts to initiate and process to completion proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, the Municipal Improvement Act of 1911, the Municipal Improvement Act of lg13, the Improvement Bond Act of 1915, the Landscaping and Lighting Act of lg72, and any and all other available proceedings to provide for public conduit · Financing for the construction of public improvements required as a condition to development of the Site or any portion or portions thereof. C. In lieu of the dedication of land lo~ated within the Site, Developer shall p~y City's park fees required due to the residential development of the Site. Said park fees shall be calculated in accordance with standards in effect at the time any such fees are due and owing. As to residential development within any final tract, said park fees shall be payable for a lot contained within a final tract when City releases utilities -4- ResoIutlon No.'~88-680 P~Ee 12 for occupancy of that lot for residential use. D. Subject to subparagraphs 2.£ and F hereinbelow, Developer shall pay any and all City fees required as a result of development of the- ~te, or any portion or portions thereof, at rates current at the time payable, including, but not limited to, beautification fees, park fees, systems development fees, building permit fees, plan check fees and drainage fees. E. Developer may request and City shall extend to Developer credit against required drainage fees only to the extent of Developer's direct construction costs incurred in constructing permanent storm drain drainage facilities required by City as a condition of developing the Site or any portion or portions thereof. F. Developer may request and City shall extend to Developer credit against required systems development fees only to the extent of Developer's direct construction costs incurred in constructing oversized facilities (i.e., facilities sized to service areas located outside of the site) which are not located within, the site, or abutting the site. However, if traffic signals are required by this development, the Developer shall be entitled to credit against required systems development fees to the extent above the Developer's fair share. G. Developer shall consent to the creation of an assessment district or districts to provide for the construction and maintenance of any and all lighting and landscaping within public rights-of-way within the Site or abutting the Site pursuant to the Landscaping and Lighting Act of 1972 or, if applicable, Developer shall consent to an annexation or annexations of the Site or any portion or portions thereof to an existing assessment district formulated under said Act for that purpose. H. If required by City as a condition of development of the Site or any portion or portions thereof, Developer shall consent to the application of the Mello-Roos Facilities Act of lg82 thereto to construct and maintain facilities and/or to purchase and maintain equipment reasonably -5- Resolutiqn No. 88-680 Page 13 necessary to provide fire protection services to the Site or the applicable portion or portions thereof. I. If required by City as a condition of development of the Site or any portion or portions thereof, Developer shall consent to the application of the Mello-Roos Facilities Act of 1982 thereto, or Developer contribution of equivalent funds, to construct regional drainage facilities. d. If the City vacates 25th Street, the southern half of the public right-of-way shall revert to the property owner and the northern half of the public right-of-way shall be retained by the City for drainage purposes. To facilitate these changes, the City shall include the entire right-of-way for 25th Street in the Annexation request. K. Developer shall provide each prospective buyer writte~ notice of the potential Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a deposit on any property. 3. Except as expressly modified herein, all substantive and procedural requirements and provisions contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, fits Development Code, as amended, building code, electrical code, fire code and plumbing code shall apply to the development of the Site pursuant to this Development Agreement. Further, any terms or phrases contained herein for which there are definitions provided in City's said-Development Code shall be deemed to be utilized in accordance with those definitions. 4. In accordance with California Government Code Section 65868.5, a certified copy of this Agreement shall be recorded with the Recorder of San Bernardino County, California, immediately upon this Agreement becoming effective. The parties further agree as follows: -6- Resolution No. 88-680 ' ' Page 14 'A. Except as expressly set forth in this Agreement, no representations of any kind or character have been made to one. another by any of the parties hereto or by any of the parties' agents, representatives, associates or attorneys with respect to each subject to which this Agreement tel ates. B. This Agreement contains the entire agreement of the parties with respect to each subject to which it relates. C. This Agreement can only be amended in writing, which writing must first be executed by all of the parties hereto. D. No provision of this Agreement may be waived, except in writing, which writing must be executed by all of the parties hereto. E. The parties hereto each agree that they shall execute and deliver to the other, upon request so to do, any and all documents reasonable and necessary to accomplish or evidence the agreements contained in or contemplated by this Agreement. F. In the event that any party should default in one or more of its obligations provided in or contemplated by this Agreement, the defaulting party shall pay to the other all expenses incurred in connection with efforts to enforce such obligation, including reasonable attorneYs' fees and costs, whether or not suit be coam~enced. G. This Agreement, all other documents and agreements provided in or contemplated hereby, and all rights and obligations arising therefrom shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. 6. Annual Review. City and Developer shall review the performance of this Agreement, and the development of the property, at least once in every 12-n~nth period from the date hereof. As part of such annual review, within 30 days after each anniversary of this Agreement, Developer shall deliver to City all information reasonably requested by City it) regarding Developer's -7- Reso%ution No. 88-680 Page 15 performance under this Agreement demonstrating that Developer has complied in good faith with terms of this Agreement and (ii) as required by the .City's Existing Ordinances. If as a result of such annual review, City finds and determines, on the basis of substantial evidence, that Developer has not complied in good faith with any of the terms of conditions of this Agreement, City may terminate this Agreement. 7. Covenants Run with the Land. All of the provisions, iterms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring any rights or interests in the Property, or any portion thereof, whether by operation of law or in any manner whatsoeve~ and shall inure to'the benefit of the parties and their respecti~ve .heirs, successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law.. Each covenant to do or refrain from doing some act on the Property hereunder iA) is for the benefit of and is a burden upon every portion of the Property, (B) runs with such lands and (C) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and each person having any interest therein derived in any manner thorough any owner of such lands, or any portion thereof, and shall benefit each party and its lands hereunder, and each other person succeeding to an interest in such lands. Notwithstanding any of the foregoing or in this Agreement to the contrary, any assignee or transferee or mortgagee which acquires any right or interest in or with respect to the Property or any portion thereof shall take and hold such rights and interests subject to this Agreement and shall not have been deemed to have ass~ed the Developer's obligations or the. other affirmative duties and obligations of Developer hereunder except: -8- Resolution No. 88-680 '~i'Pase 16 (i) to the extent that any of such assignees, transferees or mortgagees have expressly assumed any of the duties or obligations of Developer hereunder; (ii) if any such assignee, transferee or mortgagee accepts, holds, or attempts to exercise or enjoy the rights or interests of Oeveloper hereunder, it shall have assumed the obligations of Developer; and (iii) to the extent that the performance of any duty or obligation by Developer is a condition to the performances of a covenant by Developer, it shall continue to be a condition to Developer's performance hereunder. 8. Mortgagee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof, includin~ the lien of any mortgage. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage made in good faith and for value and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof, by a mortgagee (whether under .or pursuant to a mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise), shall be subject to all of the terms and conditions contained in this Agreement. No mortgagee shall have an obligation or duty under this Agreement to perform Developer's affirmative covenants of Developer hereunder, or to guarantee such performance; except that to the extent that any covenant to .be performed is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder. Each mortgagee shall have the right (but not the obligation) for a period of ninety (go) days after the receipt of such notice from City to cure or remedy, the claim of default or noncompliance set forth in the Ci'ty's notice. If the default is of a nature which can only be remedied or cured by such mortgagee upon obtaining possession, such mortgagee shall seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or noncompliance within thirty (30) days after obtaining possession. If any such default or -g. Resolution No. 88-680 : Page 17 noncompliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance !f such mortgagee co~ences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure. IN WITNESS WHEREOF, the parties have executed and entered in~o this Agreement as of the effective date of the ordinance approving this Agreement. CITY OF RANCHO CUCAMONGA Dated: By Mayor Dated: By City Clerk OWNER: AhI4A~ISON DEVELOPMENTS, INC. Dated: By STATE OF CALIFORNIA ) ) SS. COUNTY OF ) On , 1988, before me, the undersigned a Notary Public in and for said County and State, personally appeared and proved to me on the basis of satisfactory evidence to be the person executed this instrument as of AHMANSON DEVELOPMENTS, INC. and acknowledged to me that such officer is authorized to execute on behalf of such corporation. WITNESS my hand and official seal. Notary Public in and for said State -10- Resolution No. 88-680 Page 18 EXHIBIT "A" LEGAL DESCRIPTION AHMANSON DEV~OPMENTS, INC. A portion of the north half of the southeast 1/4 of Section 20, Township 1 North, Range 6 West, SBM described as follows: Beginning at the east 1/4 corner of said Section 20; Thence S00°00'32"W. Along the east line of said Section 20, a distance of 1320.25 feet; Thence N89°25'41"W. Along the south line of the north 1/2 of said Section 20, a distance of 2426.34 feet; Thence N44°38'42"E., a distance of 1836.88 feet to the north llne of the southeast 1/4 of said Section 20; Thence S89°27'07"E. Along the north line of the southeast 1/4 of said Section 20, a distance of 1135.68 feet to the Point of Beginning. Excepting therefrom the northerly 30.00 feet and the easterly 20.00 feet of the above described parcel. Subject site contains an area of 52.5 acres.