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2009-3642009-364 Resolution Authorizing a Conservation Easement in Connection with Henshaw Subdivision At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on November 23, 2009. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Maureen McCarthy Joseph P. Paoloni The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, Diane Henshaw is the owner in fee of real property located on All Angels Hill Road in the Town of Wappinger, Dutchess County, New York, more particularly described in Exhibit "A", a copy of which is affixed hereto, and being a portion of the property shown on a map entitled "Final Subdivision Plan - Henshaw Subdivision", prepared by Hudson Land Design Professional Engineering, P.C., last revised March 4, 2009; and WHEREAS, subdivision and development pressures threaten the continued rural, scenic, historic, ecological and open space character of the Town of Wappinger; and WHEREAS, the Town has determined that the property has conservation value because of its natural, rural, scenic and open space values, and that acquisition of a Conservation Easement will further the Town's goals of protecting areas of rural, scenic and open space conditions and will protect the property from further development; and WHEREAS, Diane Henshaw shares the land conservation goals of the Town and desires to ensure that the natural scenic and open space values of the property will be preserved for the benefit of future generations; and WHEREAS, the Town is a "Public Body" within the meaning of Article 49, Title 3 of the Environmental Conservation Law and is qualified to hold a Conservation Easement under Article 49, Title 3; and WHEREAS, both Diane Henshaw and the Town desire to preserve the character of the property in perpetuity by entering into a Conservation Easement pursuant to the provisions of Article 49, Title 3 of the Conservation Law. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger to preserve the rural, scenic and open space conditions of the property by entering into a Conservation Easement pursuant to Article 49, Title 3 of the Conservation Law. 3. The Town Supervisor, Christopher J. Colsey, is hereby authorized to execute the Conservation Easement in substantially the same form as attached hereto. 4. The Town Supervisor, Christopher J. Colsey, and the Attorney to the Town, Albert P. Roberts, are further authorized and directed to undertake such acts as are necessary to implement the provisions of this Resolution and to record the Conservation Easement in the Dutchess County Clerk's Office and to execute any and all documents necessary for such recording. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 11/23/2009 The Resolution is hereby duly declared adopted. HPC& STERSON, TOWN CLERK CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is entered into this day ofb� 12009 BETWEEN: DIANE HENSHAW, residing at 425 All Angels Hill Road, Hopewell Junction, New York 12533, (hereinafter called "GRANTOR") and THE TOWN OF W"p NGER, a municipal corporation with its principal offices located at 20 Middlebush Road, Wappingers Falls,, New York 12590, (hereinafter called "GRANTEE») ��,, WHEREAS, GRANTOR is the owner in fee of real property (f e «property"), located on All Angels Road, in the Town of attached hereto, and bDutchess eing a portion of the New'York, more particularly described in Exhibit A b property shown on a map entitled "Final Subdivision Plan Henshaw Subdivision, prepared y Hudson Land Design Professional Engineering P.C., last revised March 4, 2009 and filed in the Dutchess County Clerk's Office simultaneously with this Conservation Easement; and WHEREAS, subdivision and development pressures threaten the ace character of the Town of Wappingers and ued rural, scenic, historic, ecological and open -space WHEREAS, GRANTEE has determined that the Property has conservation value because of its natural, scenic, and open space values and that acquisition of a Conservation Easement on the Property will further the Town of Wappinger's goals of protecting areas of rural, scenic, agricultural and natural condition; and AREAS, GRANTEE has determined that acquisition of this Conservation Easement will protect the Property from development; and WHEREAS, GRANTOR shares the land conservation goals of GRANTEE and desires to ensure that the natural scenic and open space values of the Property will be preserved for the benefit of future generations; and WHEREAS, GRANTEE is a "Public Body" within the meaning of Article 49, Title 3 of the Environmental Conservation Law of the State of New York (the "Conservation Law") and is qualified to hold a Conservation Easement under Article 49, Title 3; and WHEREAS, the parties desire to preserve the character of the Property in perpetuity by entering into a Conservation Easement pursuant to the provisions of Article 49, Title 3 of the Conservation Law. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the parties agree as follows: 1. GRANT OF CONSERVATION EASEMENT: GRANTOR grants to GRANTEE a perpetual Conservation Easement (the "Conservation Easement") over the Property to conserve the natural, scenic, and open space values of the Property. This Conservation Easement shall encumber the Property by restricting its development and use as provided herein. Ths purpose of this Conservation Easement is to assure that the easement area will be retained forever in its natural condition and to prevent any use of the easement area that will significantly impair or interfere with the conservation values of the easement area. 2. RESERVED RIGHTS: art thereof, including, GRANTOR reserves all rights with respect to the Property or any p ssion and enjoyment of the Property, without limitation, the right of exclusive, use, posse subject to the restrictions and covenants set forth in this Conservation Easement. Nothing herein shall be construed as a grant to the general public of any right to enter any part of the Property. This Conservation Easement shalaffect ProGRANTOR' A rOR'ShallS it rights to sell, lease, transfer, convey, mortgage or otherwise encumber the ict GRANTOR'S right to impose further restrictions upon conveyance or otherwise and without limiting the generality of the foregoing, the following rights are expressly reserved; a. Crossing or traversing the property for the purpose of obtaining access to the other part of the lot outside the property. b. To install fences, including against deer, so long as the fence complies with the Wappinger Zoning Code or any variance granted thereto. 3. RESTRICTIONS APPLICABLE TO THE PROPERTY: With respect to the area over which the conservation easement applies, the property owner shall refrain from, and prevent any other person from altering or developing the conservation easement area in any way. This includes, but is not limited to: (a) Alteration of the topography; (b) Creation of paths, trails or roads; (c) Placement of fill material; (d) Dredging, removal or excavation of any soil or minerals; (e) Alteration of drainage of surface or groundwater; (fl Construction or placement of any structure; (g) Plowing, tilling or cultivating the soils or vegetation; (h) Alteration or removal of vegetation, including the planting of non-native species; (i) Storage or disposal of garbage, trash, debris, abandoned equipment or accumulation of machinery or other waste materials, including accumulated vegetative debris such as grass clippings, leaves, yard waste or other material collected and deposited from areas outside the conversation easement area; and (j) Storage of vehicles or use of off-road vehicles including, but not limited to snowmobiles, dune buggies, all -terrain vehicles and motorcycles. Alteration or removal of vegetation includes the cutting down, removal, destroying or otherwise alteration of trees, tree limbs, shrubs or other vegetation, whether living or dead, within the conservation easement area, except with the written permission of the Town of Wappinger, expressly for the alteration or removal of trees or tree limbs to eliminate danger to health and safety; or to reduce a threat of infestation posed by diseased vegetation; or to control invasive non-native plant species that endanger the health of native species. 4. GRANTEES REMEDIES FOR VIOLATION OF EASEMENT 4.1 Inspection. Any authorized representative of the Town Board sof the Town of Wappinger expressly authorized to inspect the property for purposes of compliance with the terms of the Conservation Easement shall have the. right to enter the property to inspect same on an annual basis upon seven (7) days prior writtn notice to the lot owner(s) upon whose property the inspection shall occur. The Town of Wappinger shall be entitled to apply to a court of competent jurisdiction upoo ice to the lot cause owner for an order that a permitbreach ofthisfurther entry upon the property where there is Conservation Easement has occurred. 4.2 NOTICE OF VIOLATION; CORRECTIVE ACTION. If the GRANTEE determines that a violation of the terms of this Conservation Easement has occurred or is threatened, the GRANTEE shall give written notice to the GRANTOR of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Conservation Easement, to restore the portion of the Property so injured to its prior condition in accordance with a plan approved by the GRANTEE 3 If the fails to cure the ation 4.3 INJUNCTIVE RELIEF: m the GRANTEE,ORunder circumstan.ceslwher them 30 days after receipt of notice thereof from violation cannot reasonably be cured within the 30 day period, fails to begin curing such violation within the 30 day period, or fails to continue diligently to cure such violation until finally cured, the GRANTEE may bring an action at law or suit in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, and to require the restoration of the Property to the condition that existed prior to such an injury. 4.4 DAMAGES: The GRANTEE shall be entitled to recover damages for a violation of the terms of this Conservation Easement or injury to any conservation values protected by this Conservation Easement, including, without limitation, damages for the loss of scenic, aesthetic or environmental values. 4.5 ENFORCEMENT: GRANTEE may enforce this Conservation Easement at law or in equity pursuant to the provisions of Article 49, Title 3 of the Conservation Law against any owner of the Property. If there is a violation of any of the provisions of this Conservation Easement, GRANTEE shall notify the party in violation, who shall promptly cure the violation by: (a) ceasing the violation or (b) restoring the Property to the condition before the violation, or (c) both, as appropriate. Failure to enforce any restriction or covenant herein contained shall in no event be deemed a waiver of a right to do so ubsequent thereto.hthereafter as to the same violations or breach, or as to one occurring prior to or s 4.6 EMERGENCY ENFORCEMENT: If the GRANTEE, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate ignts remedies cant damage to the conservation values of the Property, the GRANTEE may pursue under this Section 4 without prior notice to the GRANTOR or without waiting for the period provided to cure to expire. 4.7 SCOPE OF RELIEF: The GRANTEE's rights under this Section 4 apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement. The GRANTOR agrees that the GRANTEE's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that the GRANTEE shall be entitled to the injunctive relief described in Section 4.3, both prohibitive and mandatory in addition to such other relief to which the GRANTEE shall be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The GRANTEE's remedies described in this Section 4 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity or pursuant to the provisions of Article 49, Title 3 of the Conservation Law. The prevailing party in any action to enforce this Conservation Easement shall be entitled to the cost of such action, including court costs, legal fees and expenses. 4 4.8 FORBEARANCE: Forbearance by the GRANTEE to exercise its rights under this Conservation Easement in the event of any breach of any term by the GRANTOR shall not be deemed or construed to be a waiver by the GRANTEE of such term or of any of the GRANTEE,s rights under this Conservation Easement or at law or in equity. No delay or omission by the GRANTEE in theexercise f any gonstrued as a walverht or remedy upon a breach by the GRANTOR shall impair such right or remedy or be 4.9 WAIVER OF CERTAIN DEFENSES: The GRANTOR hereby waives any defense of laches, estoppel or prescription. 5.0 AMENDMENT: This Conservation Easement may be amended by a recorded instrument signed by GRANTOR and GRANTEE, provided that any such amendment is consistent with the conservation purposes of this Conservation Easement. GRANTOR shall have no right or power to agree to any amendments that would result e9onservation Easement failing to qualify as a valeConse n Easement Article all sibilities 6.0 COSTS AND LIABILITIES: The GRANTOR ed to swn rshioperation, upkeep and shall bear all costs and liabilities of any kind maintenance of the property, including the maintenance of adequate comprehensive general liability insurance coverage. The GRANTOR shall hold GRANTEE harmless and indemnify the GRANTEE against any and all claims of any nature whatsoever arising out of the ownership, use operation, upkeep and maintenance of the property. 7.0 EXTINGUISHMENT: If circumstances arise in the future such as render the purpose of this Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, of and orocnlaims frot of the m anysale, exchange, r invols to which Grantee untary be entitled (if any), after the satisfactionp conversion of all or any portion of the Premises subsequent to such termination or extinguishment, shall be determined in Accordance with New York State law. t is 8.0 CONDEMNATION: . Ien�t domain, Grantoe ConservationEand/orasemenCrranttee shall be entitled to ken, in whole or in part, by exercise of the power of emus compensation in accordance with applicable law. 9.0 REQUIRED LANGUAGE IN FUTURE DEEDS, MORTGAGES AND LEASES: Any subsequent conveyance of any interest in the Property, including without limitation any transfer, lease or mortgage of the Property or any parcel thereof, shall be subject to this 5 Conservation Easement and shall contain language thereon referencing the existence of this Conservation Easement. 10.0 ASSIGNMENT BY GRANTEE TO ANOTHER ORGANIZATION: This Conservation Easement may be assigned by the GRANTEE by a written instrument dully executed by the GRANTEE and recorded in the Dutchess County Clerk's Office, provided, however, that an assignment may be made only after at least 20 days prior written notice to the owner or owners of the Property and only to a not-for-profit conservation organization (or, with the consent of the GRANTOR, a public body) within the meaning of Article 49, Title 3 of the conservation Law that is qualified to be atee of tax-deductible �as amended. n easements United States Internal Revenue Code of 986 pursuant to Section 170(h) of the 11.0 ACTS BEYOND THE GRANTOR'S CONTROL: The GRANTOR and the GRANTEE shall not be under any duty to prevent, and shall not be liable for any violations of this Conservation Easementcaused by natural processes, by disasters, by force majeure, fire, flood, storm and earth movement, or by any prudent action including without limitation, taken by the GRANTOR under emergency conditions to prevent, abate or mitigate significant injury to the Property resulting from such causes, or by third parties whose presence on the Property has not been authorized by the GRANTOR or the GRANTEE• The GRANTEE may enter the Property to remedy any third -party violation that has not been remedied by the GRANTOR, with reasonable prior notice to the GRANTOR. The GRANTEE may levy the cost thereof against the GRANTOR'S property, provided that the GRANTOR has failed to cure said violation within the time frame set forth herein. 12.0 EXTINGUISHMENT OF DEVELOPMENT RIGHTS: The parties agree that all development rights not reserved herein are extinguished and that the Property's acreage may not be used to calculate permissible density or lot yield for any other land. 13.0 NOTICES: Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid (or by such other means as the parties may agree), addressed as set forth in the first paragraph of this Conservation Easement, or to such other address as either party may from time to time designate by written notice to the other. 14.0 LIBERAL CONSTRUCTION: Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of the grant to effect the purpose of this Conservation Easement and the policy and purpose of Article 49, Title 3 of the Conservation Law. If any provision of this Conservation Easement is found to be ambiguous, an interpretation consistent with the purpose of this Conservation Easement shall be favored over any interpretation that would render it invalid. 15.0 ENTIRE AGREEMENT: This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement, all of which are merged herein. 16.0 SUCCESSORS: The covenants, terms, conditions and restrictions of this instrument shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors and assigns. All references to the GRANTOR shall include the above-named cesthe GRANTEE inhis odes the abovepersonal -named representatives, heirs, successors and assigns. All refer GRANTEE and its successors and assigns. 17.0 COUNTERPARTS: The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 18.0 TAXES AND ASSESSMENTS. GRANTOR shall pay for all taxes and assessments lawfully assessed against the Property. 19.0 GENERAL PROVISIONS: a. Interaretati m and Performance. The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of New York. b. No forfeiture. Nothing contained herein will result in a forfeiture or reversion of GRANTOR'S title in any respect. C. Termination of Rights and ObliZations. The GRANTOR'S rights and obligations under this Conservation Easement shall terminate upon the transfer of his ownership interest in the property, except that GRANTOR'S rights and obligations with respect to acts or omissions occurring during his period of ownership and prior to transfer shall survive transfer. The rights and obligations of any successor or assignee of the GRANTOR under this Conservation Easement shall also terminate upon the 7 transfer of the successor or assignee's ownership interest in the Property, except that such successor or assignee's rights and obligations for acts or omissions occurring during his period of ownership and prior to transfer shall survive transfer. No person shall be liable, in monetary damages, for any act or omission occurring prior to the date upon which he acquired an ownership interest in the Property; and no person shall have any obligation or liability under this Conservation Easement for any act or omission occurring on a portion of the Property not located within the boundaries of the lot concerning which he holds an ownership interest. There shall be no obligation or liability under this Conservation Easement to any mortgagee or lienholder. d Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 20.0 REPRESENTATIONS: To the best of GRANTOR'S knowledge, as of the date of this agreement: a., No substance defined, listed, or otherwise classified pursuant to any federal, state or local law, regulation or requirement as hazardous, toxic, or polluting, or otherwise contaminating to the air, water, or soil, or in, any way harmful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed or deposited, abandoned, or transported in, or from, or across the Property; b. No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation or, or failure to comply with, any federal, state or local law, regulation, or requirement applicable to the Property or its use, nor do there exist any facts or circumstances that the grantor might reasonable expect to form the basis for any such proceedings, investigations, notice, claims, demands, or orders. C. There are not now any underground storage tanks located on the easement area, whether presently in service or closed, abandoned or decommissioned, and no underground storage tanks have been removed from the easement area in a manner not in compliance with applicable federal, state and local laws, regulations and requirements. d. The GRANTOR and the easement area are in compliance with all federal, state and local laws, regulations and requirements applicable to the easement area and its use. e. There is no threatened or pending litigation in any way affecting, involving or related to the easement area. 21.0 SEVERABILITY: Invalidation of any provision of this Conservation Easement, by court judgment or court order, shall in no way affect any of the other provisions of this Conservation Easement, which shall remain in full force and effect. 22.0 BINDING EFFECT: This Conservation Easement shall be a burden upon and shall run with the Property in perpetuity and shall bind GRANTOR and GRANTOR'S successors and assigns forever. The terms "GRANTOR' and "GRANTEE whenever used herein, and any pronouns used in place thereof, shall include the above named GRANTOR and GRANTOR'S heirs, personal representatives, executors, successors and assigns, including any subsequent owner of any portion of the Property, and the above named GRANTEE and its successors and assigns. IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first above written. GRANTOR: J'-� Diane Hens .� GRANTEE: TOWN OF PINGER4S 4rf Y. STATE OF NEW YORK )ss.. COUNTY OF `>—ibNL On the Ja"&— day of C>--k-b\c>er in the year, 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared, DIANE HENSHAW personally known to me or proved to me e the basis and ��owledged to me that nce to be the individual whose name is subscribed to he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the indi)�dual o� the person upon behalf of which the individual acted, executed the. instrument. _ KAREN SPE14GLER Notary�Pubh Notary Public - State 01 New Yock NO. 01 SM 97450 Quallfied In OutchesS Qouon,Y , My Commission Expires i. STATE OF NEW YORK )ss.: COUNTY OF 0 IJTcy�s -Oc On the T day of D�=eftGtzmin the year, 2009, before. me, the undersigned, a Notary Public in and for said State, personally appeared, 0_11/ZIS -rc jPlf4=R :T C okSf—:�y personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. otary Public ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualffied in Dutchess County Commission Expires Feb. 28, ZOIL 10 EXHIBIT A e wL ALi Rr. n+UTMIGE TU: // _ fil'Wt5UMN, New YOIiK 12SSD 37 HENRY STREET (Ot4) 66:-0060 p. O. BOX 777 EPACON, NCV YORK 12$06 (9]h? 631.0106 P, ♦ t3'S71S, L.S,, P.C. bF . S Il BM IAND 8lJItMR OFM9 EsTABLme01 a]3 April 8, 2009 Ref: 87:386B SL-RVEY DESCRU T I jW Henshaw Conservation Ease (HCEASE) All that tract or parcel of land situate in the town of Wappingers and the Town of East Fishkill, County of Dutchess, State of New York being a Conservation Easement, as shown on a filed map entitled "Final Subdivision plan, Henshaw Subdivision", said filed d map being filed in the Dutchess County Clerk's Office on ed map no. , bounded and described as follows: Beginning at a point, said point being North 78-18-00 East 146.33 feet, North 81-58-00 East 84.18 feet and North 08-57-00 West 63.58 feet from the intersection of the easterly line of All Angels Hill Road, (ak.a. County Road 94), with the northerly line of the lands now or formerly Lahey, (Liber S03, Cp 484) acid North 05-36-27 East 39.89 feet thru Lot No. 3 as shown on said filed rnap no. ; thence over and thru Lot No. 3, Lot No. 2 and Lot No. 1, as shown on said filed map no. the following thirty seven (37) courses and distances, (1) North 10-07-46 West 72.04 feet, (2) North 62-21-21 West 34.01 feet, (3) North 11-57-07 East 34.85 feet, (4) North 05-05-36 West 47.01 feet, (5) North 09-58-59 East 43.52 feet, (6) North 20-38-25 West 40.56 feet, (7) North 41-35- 33 East 16.11 feet, (8) North 67-46-19 Fast 50.71 feet, (9) North 23-33-38 West 46.47 feet, (10) North 69-50-55 East 37.57 feet, (11) North 55-13-40 East 140.04 feet, (12) North 55-33.59 East 48.44 feet, (13) South 21-5245 East 48.00 feet, (14) South 19-47- 34 West 29.13 feet, (15) South 01-39-19 West 54.10 feet, (16) South 89-46-02 East 71.36 feet, (17) North 03-17-08 East 85.10 feet, (18) North 10-29-51 West 83.49 feet, (19) North 04-17-10 East 36.98 feet, (20) South 67-29-29 Last 33.85 feet, (21) South 64-22. 52 East 35.86 feet, (22) South 09-34-05 East 33.45 feet, (23) South 10-36-33 West 51.61 feet, (24) South 10-33-08 West 44.25 feet, (25) South 14-09-23 Fast1.28 feet, 71(-49) North 87-18-35 East 43.89 feet, (27) South 58-58-15 East 35.99 feet, (2 ) 43 West 118.29 feet, (29) North 72-53-27 West 83.19 feet, (30) South 75-54-39 West 43.05 feet, (3 1) South 72-35-43 West 116.76 feet, (32) South 65-03-03 West 65.01 feet, (33) South 05-38-51 East 60.44 feet, (34) South 46.45-18 East 31.84 feet, (35) South 27- 23-41 East 89.42 feet, (36) South 13-35-27 West 53.91 feet, and (37) South 80-55-46 West 44.04 feet to the point or place of beginning. Containing 1.20 acres of land, more or less. Subject 10 the existing easements and right of ways of record, if any.