HomeMy WebLinkAbout5046-5049RESOLUTION NO. 5049 (19 eries)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RECINDING
RESOLUTION NO. 4462 (1981 Series) WHICH FOUND THAT FIRE ENGINEER ALBERT
LEROY TREJO WAS DISABLED.
WHEREAS, the City of San Luis Obispo has been notified by the medical
examiners of Albert LeRoy Trejo; and
WHEREAS, said medical examiners have determined that Albert LeRoy
Trejo is physically able and of good health; and
WHEREAS, the City has accepted the medical authorization releasing
Albert LeRoy Trejo to return to full duty; and
WHEREAS, Albert LeRoy Trejo has been working since July 16, 1981
without complications;
NOW, THEREFORE, BE IT RESOLVED that:the Council of the City of San
Luis Obispo finds and determines that Albert LeRoy Trejo is fully competent
and able to perform his duties and responsibilities as described by said
City and hereby recinds Resolution No._4462.
On motion of Councilman Settle , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of February ,
1983.
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ATTEST: yo M lanie C. Billig
City Cl t rk Pamela Voges
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City Administrative Olfficet
City Attorney
Personnel Director
R 5049
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RESOLUTION NO.5048(1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADJUSTING THE SALARY OF THE
CITY CLERK
WHEREAS, by Resolution No. 4958 (1982 Series) the City Council has
established the salary for City Clerk, Pamela Voges; and
WHEREAS, the City Council recently has set a salary range for, among
others, the City Clerk (Resolution No. 4936); and
WHEREAS, based on recent performance of the City Clerk, Council is
desirous of adjusting the City Clerk's salary.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective February 1, 1983, City Clerk's salary shall
increase from $2,100 /month to $2,250 /month.
SECTION 2. City Council shall review the City Clerk's performance
within six months.
SECTION 3. All other benefits afforded the City Clerk per Resolution
4958 (1982 Series) shall remain unchanged and in full force and effect.
On motion of Councilman Settle seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of February
1983.
MAY R LANIE ILLIG
ATTEST.
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CITY LERR PAMtLA tOYES
R 5048
Resolution No. 5048(: 3 Series)
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APPROVED:
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Ci y Administrative Office#
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ty Attorney
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RESOLUTION NO. 5047 (19£ Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND the Salvation Army to provide
Emergency Services for Five Thousand
Dollars ($5,000) from February 2, 1983
to June 30, 1983.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and.
the Salvation Army
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish'a copy of this resolution and
a copy of the executed agreement approved by it to: the Salvation Army
On mot -ion of Councilman Griffin seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed
ATTEST: %
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CITY CLERK PAMELA VO
APP D:
Cicy Administrative Officer
ed this
lst day of February 19 83
MAYOR MEL I � BILLIG
R 5047,
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THIS AGREEMENT, dated 1, 1982 for
hereto, is between the CITY OF SAN LUIS
poration (referred to herein as "City ")
a non - profit corporation (referred to h
WITNESSETH:
T
the conven_ence of the parties
OBISPO, a chartered municipal cor-
and The Salvation Army ,
arein as Salvation Army
WHEREAS, Salvation Army has requested City to contribute to program
to provide gas, food, and lodging in emergency situations ,
said program as more fully described in Exhibit "B" attached hereto and
WHEREAS, said services will be available to residents of the City, thereby
serving both a public and municipal purpose:
NOW, THEREFORE, City nd Salvation Army
y for and in consideration of
the mutual benefits, promises and agreements set forth herein, do agree as
follows:
l•Salvation Arm,; agrees to make its services as described in Exhibit "B ",
attached hereto and incorporated herein, available to residents of the City
of San Luis Obispo on a regular basis for the periodJuly 1 1982 -June 30 1963
2•Salvation Army will provide City with monthly summary reports and
a final report, describing the type and quantity of services provided and
listing funds received bySalvation Army from other sources. Said reports
shall be in the form of Exhibit "C ", attached hereto and incorporated herein,
or in such form as shall be approved by the Human Relations.Commission or
its staff. (Exhibit "C" attached)
Salvation Army p , participants in
3• and all of its agents,, re. resentatives
an manner in the Salvation Army
9 performance of , obligations and
duties hereunder shall be employees, independent contractors, or volunteers
for Salvation Armu and shall not. for any purposes be considered employees
or agents of the City.
4. Salvation Armu agrees to hold City harmless, and to defend City against,
from and in any claim, action, proceeding or hearing wherein the allegation
charging liability on the part of the City as a result of any act or omis-
sion, negligent or otherwise, of Salvation Army
5. City agrees to pay Salvation Ar87rta one -time only grant, the sum of
($10,000 ), Payable in twelve monthly payments; or if deemed appropriate
by the Human Relations Commission, a one -time payment for the full amount
during said period, or, bi- monthly payments for the full amount during
said period.
6. The City Council may by motion terminate this agreement at its sole
discretion after a public hearing and upon ten (10) days.written notice to
Salvation Armu Said termination shall be effective 30 days after City
mails notice of termination of Salvation Army agreement. Any
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This contut,aCt pia y be tC'1 ":'..1 d :f I" n
5 n ted h_ itte„ i,.utual a;lneerient signed by the ,)ar"ties
eltfler haY't� g1V1!lj `i 1'l t;:e it IIO t.TC '' ` o
e ee. th_ oth-Y• ter. le,,.st 30 ea��s in
a d`; a n c e o ' t telnlinition gate to 'ue si)ecified il, the 1:ritten notice. 5
City: City Clerk Salvation Army PO Box 14Ui
PO Box 321 San Luis Obispo CA
San Luis Obispo, Ca. 93406 93406
IN WITNESS WHEREOF' ,parties hereto have executed this Agreement by
tFjeir proper o -er my authorized.
THE SATVA11\\0N nN ali n>ni2 Coroor ion
By: N '���" �" Vice Pres. ey:
CIT OF SAN LUIS OBISPO
\ Attes ,G3s� --r +�-- Secretar!FXHIBIT R
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RESOLUTION NO. 5046 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
HIGUERA HILL DEVELOPMENT, A GENERAL PARTNERSHIP FOR
CONSTRUCTION OF A WATERLINE IN BRIZZOLARA STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Higuera Hill Development for construction of a waterline in an extension of
Brizzolara Street and in Clay Street (in easement) to the development known
as the "Promontory" at 410 Higuera Street, under the Quarterly Program is
hereby approved and the Mayor is authorized to execute the same subject to
compatible revisions to the Use Permit (U0818) and Minor Subdivision 2 - -61
conditions.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: the property owners,
the City Engineer, the Director of Public Works and the Director of Finance.
On motion of Councilman Settle , seconded by Councilwoman Dovey ,
and on the following roll call vote:
AYES:Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1st. day of February ,
1983.
ATTEST:
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CITY CLERK PAMELA VOG S
R 5046
Resolution No. 5046 (1983 Series)
APPROVED:
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City 2rdministrative Offi er
City Attorney
Finance Director
Cit Eng' e r
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AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT, dated February 1 , 1983, for the convenience
of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter called "City ", and HIGUERA HILL DEVELOPMENT, A
GENERAL PARTNERSHIP, the fee owner and developer of the real property described
in Exhibit "A ", attached hereto, hereinafter called "Developer ".
WITNESSETH:
In consideration of the mutual benefits, promises and agreements set
forth herein, the parties agree as follows:
1. The City agrees to design and contract for the installation of, and
assist in funding the following described water system improvements in
accordance with Municipal Code Section 7410.9 subsection (1), relating to main
extensions to new customers other than subdivisions, and City Council
Resolution No. 4293, adopted on October 28, 1980, which resolution is made a
part of this agreement as though specifically set forth herein:
a. Construction of approximately 450 linear feet of eight (8) inch
diameter waterline in Brizzolara Street and in Clay Street to Developer's
property, including one fire hydrant and one two (2) inch diameter service.
b. This project including inspection, engineering, and administration
thereof is to be partially financed by the City under provisions of Resolution
No. 4293, otherwise known as the "$25,000 Quarterly Funding Program ", to the
extent that said funds are available from the second Quarter of the 1982 -83
program.
c. The total estimated cost of this project including engineering,
inspection and administration is $15,000.00 of which the City's agreed
contribution is to be 70 percent of the total cost ($10,500) to a maximum of
$12,500.00. The Developer agrees to pay the balance ($4,500.00 estimated).
Of
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2. Said water system improvements have been determined necessary to
provide adequate dependable fire protection for the developer's proposed new
development at 410 Higuera Street, known as "Promontory ".
3. City agrees to prepare plans and specifications providing for the
above - described installation to City standards and to call for bids, award a
contract and administer the same in accordance with the provisions of
Section 724 of the City Charter.
4. Developer agrees to pay the following amounts as his share of the
costs for said improvements:
a. At the time of signing this agreement, a deposit in the sum of
!r $1800.00 which represents 12% of the estimated total cost for the project.
b. Prior to the commencement of the work and immediately follow-
ing the opening of bids, such additional amount as is necessary to pay for
the balance of his share of the actual engineering, administration and contract
cost of the project as described in Section 1, paragraph "d" above and as
adjusted to conform with the unit prices of the lowest acceptable bid. It
is understood that if said balance is not paid to the City within twenty
(20) calendar days after notification of the determination of the cost of
said work, no improvements will be made and the deposit will be forfeited
and retained by the City.
c. Any increased costs due to change orders or other unanticipat-
ed expenses occurring during the course of the project shall be paid by
the developer within 15 days after notification thereof by the City; changes
resulting in cost decreases shall be credited to the developer.
5. For planning purposes, the City estimates that the water system
improvement will be completed within four (4) weeks after the contract is
Page 3
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awarded, and City agrees to use due diligence in seeking timely contract
performance. However, the parties recognize that City cannot guarantee timely
performance, and developer agrees that City shall not be responsible for any
loss incurred by him as a result of delays in contract completion. Developer
also agrees to hold City harmless from all claims by third persons, purchasers
or tenants which are based upon delays in performance of the water main
construction contract.
6. Developer agrees that he will not seek a certificate of occupancy
and he will not permit others to occupy the project to be constructed by him
upon the real property referred to herein prior to the completion of the
water system improvements construction contract unless written permission to
do so is obtained from the Fire Chief.
7. This agreement, shall be binding upon, and shall inure to the
benefit of, the heirs, assigns, and all other successors in interest of the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed.
DEVELOPER:
HIGU HILL DEVELOPMENT,
A atEPL PARTNERSHIP J
LUIS 0 L5P
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MAYOR \MELANIE C. BILLIG
ATTEST:
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�ITY CLERK PAMELA/70G
Page Four
APPROVED:
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City Administrative 0 ficer
City Atto
Finan irecto
City E ineer
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PARCEL 1:
EXHIBIT "A"
Legal Description for
the Promontory
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 34 IN TOWNSHIP
30 SOUTH, RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE
CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON.THE WESTERLY BOUNDARY LINE OF HIGUERA
STREET, IN THE CITY OF SAN LUIS OBISPO, AT THE NORTHEASTERLY CORNER
OF THE PROPERTY CONVEYED TO GUY N. BALDWIN, BY DEED DATED APRIL 4,
1928 AND RECORDED IN BOOK 47, PAGE 207 OF OFFICIAL. RECORDS;
THENCE ALONG THE SAID WESTERLY BOUNDARY LINE OF HIGUERA STREET,
NORTH 80 32' 40" EAST 12.50 FEET;
THENCE CONTINUING ALONG LAST SAID BOUNDARY LINE NORTH 80 05' 50"
EAST, 82.86 FEET;
THENCE LEAVING LAST SAID BOUNDARY LINE, SOUTH 550 32' 30" WEST
145.68 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF
BEGINNING BEING THE MOST EASTERLY TERMINUS OF THE CURVE DESCRIBED
IN THE DEED TO THE STATE OF CALIFORNIA, DATED DECEMBER 30, 1947
AND RECORDED FEBRUARY 16, 1948 IN BOOK 471, PAGE 209 OF OFFICIAL
RECORDS, HAVING A RADIUS OF 170 FEET, AN ANGLE OF 1410 36' 30"
AND A LENGTH OF 420.16 FEET;
THENCE ALONG SAID CURVE, AND ALONG THE NORTHERLY LINE OF THE
PROPERTY CONVEYED TO THE STATE OF CALIFORNIA BY SAID DEED, FOR A
DISTANCE OF 420.16 FEET;
THENCE ALONG THE EASTERLY LINE OF THE PROPERTY CONVEYED TO THE
STATE OF CALIFORNIA, ABOVE MENTIONED, NORTH 150 09' EAST, 69.76
FEET; NORTH 110 11' 20" EAST 597.83 FEET TO THE NORTHERLY LINE
OF THE FIRST PARCEL OF LAND DESCRIBED IN THE DEED TO C. A. MAINO,
ET UX., DATED JANUARY 27, 1944 AND RECORDED FEBRUARY 3, 1944 IN BOOK
353, PAGE 211 OF OFFICIAL RECORDS;
THENCE SOUTH 68 1/20 EAST ALONG SAID NORTHERLY LINE, -148.85 FEET,
MORE OR LESS, TO THE CENTER OF AN ARROYO;
THENCE DOWN THE CENTER OF SAID ARROYO AND ALONG THE CENTER OF THE
ARROYO DE SAN LUIS OBISPO, TO THE INTERSECTION THEREOF WITH
SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO LESLIE L. ADAMS, BY
DEED DATED JANUARY 30, 1943 AND RECORDED MARCH 2, 1943 IN BOOK
337, PAGE 111 OF OFFICIAL RECORDS;
THENCE NORTH 550 15' WEST, 63.75 FEET;
THENCE SOUTH 10 43' EAST 103.12 FEET;
THENCE SOUTH 210 10' 32" EAST 130.03 FEET;
THENCE SOUTH 820 00' EAST, 38 FEET, MORE OR LESS, TO THE CENTER
'OF SAID ARROYO DE SAN LUIS OBISPO;
THENCE SOUTHERLY ALONG SAID CENTER TO THE INTERSECTION THEREOF
WITH THE NORTHER -LY LINE OF THE PROPERTY CONVEYED TO THE STATE OF
CALIFORNIA, ABOVE MENTIONED;
THENCE SOUTH 530 32' 30" WEST ALONG SAID NORTHERLY LINE, 43 FEET,
MORE OR LESS, TO THE TRUE POINT OF EEGINNING.
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PARCEL 2:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 34 IN TOWNSHIP
30 SOUTH, RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE
CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT Or] THE WESTERLY BOUNDARY LINE OF HIGUERA
STREET, IN THE CITY OF SAN LUIS OBISPO, AT THE NORTHEASTERLY
CORNER OF THE PROPERTY CONVEYED TO GUY N. BALDWIN, BY DEED DATED
APRIL 4, 1928 AND RECORDED IN BOOK 471 PAGE 207 OF OFFICIAL
RECORDS;
THENCE ALONG THE SAID WESTERLY BOUNDARY LINE OF HIGUERA STREET,
NORTH 80 32' 40" EAST, 12.50 FEET;
THENCE CONTINUING ALONG LAST SAID BOUNDARY LINE, NORTH 3° OS`
50" EAST, 82.86 FEET;
THENCE LEAVING LAST SAID BOUNDARY LINE, SOUTH 550 32' 30" WEST
145.68 FEET TO THE EASTERLY TERMINUS OF THE CURVE DESCRTBED IN
THE DEED TO THE STATE OF CALIFORNIA, DATED DECEMBER 30, 1947
AND RECORDED FEBRUARY 116, 1948 IN BOOT: 471, PAGE 209 OF OFFICIAL
RECORDS, HAVING A RADIUS OF 170 FEET, AN ANGLE OF 1410 36' 30"
AND LENGTH OF 420.1E FEET;
THENCE ALONG SAID CURVE, AND ALONG THE tJORTHERYY�LINEDOFDTH`OP
PROPERTY CONVEYED TO THE STATE OF CALIFORNIA
A DISTANCE OF 420.1G FEET;
THENCE ALONG THE EASTERLY LINE OF THE PROPERTY CONVEYED TO THE
STATE OF CALIFORNIA, ABOVE MENTIONED, NORTH 150 09' EAST, 69.76
FEET NORTH .110 11' 20" EAST, 597.83 FEET TO THE NORTHERLY LINE
OF THE FIRST PARCEL OF LAND DESCRIBED IN THE DEED TO C. A. MAIN0,
ET UX., DATED JANUARY 27, 1944 AND RECORDED FEBRUARY 3, 194
IN BOOK 3531 PAGE 211 OF OFFICIAL RECORDS;
THENCE SOUTH 68 1/20 EAST, ALONG SAID NORTHERLY LINE, 148.35 FEET
MORE OR LESS, TO THE CENTER LINE OF AN ARROYO;
YHENCE DOWN THE CENTER OF SAID ARROYO AND ALONG THE CENTER OF THE
ARROYO DE SAN LUIS 0131SP0, TO THE INTERSECTION THEREOF WITH
SOUTH14EST CORNER OF THE PROPERTY Cor!VLYE-D TO LESLIE L. ADAMS, BY
DEED DATED JANUARY 3G, i943 AND RECORDED MF.RCH 2, 1943 IN BOOK
337, PAGE 111 OF OFFICIAL RECORDS, BEING ?fic TRUE POINT OF
B EG I NN I NG;
THENCE NORTH 550 1.5' WEST, 63.75 FEET;
THENCE SOUTH 10 431 E•4ST, 103.12 FEET;
THENCE SOUTH 210 10' 32" EAST, 130.03 FEET;
THENCE SOUTH 820 00' FAST, 38 FEET, `iORL OR LESS TO THE CENTER
LINE OF SAID ARROYO DE SAN LUIS OBISPO;
THE -NCE NORTHERLY ALONG THE CENTER Or AI'RO) () nE SAN LUIS OBISPO.
TO THE POINT OF BEGINNING.
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PARCEL 3:
THAT PORTION OF BLOCK 61 OF THE CITY OF SAN LUIS OBISPO, IN THE CITY
OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT OF THE CITY FILED FOR RECORD JUNE 41
1882 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY CONVEYED TO LESLIE
L. ADAMS, ET UX., BY DEED RECORDED HARCH 2, 1943 IN BOOK, 337, PAGE
111 OF OFFICIAL RECORDS;
THENCE ALONG THE I,dESTERLY LINE OF HIGUERA STREET TO THE NORTHERLY
LINE OF THE PROPERTY CONVEYED TO STATE OF CALIFORNIA, BY DEED
RECORDED FEBRUARY 16, 1948 IN BOOK 471, PAGE 209 OF OFFICIAL RECORDS;
THENCE SOUTHWESTERLY AL.CNG SAID NORTHERLY LINE- TO THE CENTER OF THE
ARROYO DE SAN LUIS OBISPO;
THENCE NORTHERLY ALONG THE CENTER OF SAID ARROYO DE SAN LUIS
OBISPO/ TO THE SOUTHERLY LINE OF THE PROPERTY CONVEYED TO LESLIE
ADAMS ABOVE MENTIONED;
THENCE SOUTHEASTERLY ALONG SAID PPOPERTY CONVEYED TO LESLIE ADAMS
TO THE POINT OF BEGINNING.
(END OF DESCRIPTION)
Parcel A, M.S. 82 -61 (not recorded)
A.P.N. 02- 491 -45
A.P.N. 02- 510 -11