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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 26, 2024 Title: CSX Property Restrictive Covenant
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests approval of a Response Activity Plan (RAP) and Restrictive Covenant (RC) regarding
the recently purchased CSxX rail corridor, and permission for the Mayor to sign the RC, subject to
approval by the state.
Detailed Summary & Background:
The bike path on the Adelaide Pointe property was built using federal funds, and therefore when
removed as a part of the Adelaide Pointe development the City entered into a "conversion" with the
Michigan Department of Natural Resources (MDNR). That conversion process will result in a different
recreation asset within the City being encumbered by those federal funds and the associated
restrictions. The City has proposed and received preliminary approval to encumber the recently
acquired CSX railroad corridor that is adjacent to the Lakeshore Trail.
An environmental assessment (EA) was completed as a part of the conversion process, and that EA
identified locations in the CSX property that have higher than normal concentrations of certain
legacy industrial chemicals. In order to receive final approval of the conversion, ad Response Activity
Plan (RAP) must be approved by the Michigan Department of Environment, Great Lakes and Energy
(EGLE) and a and Restrictive Covenant (RC) must be placed on the CSX property. The documents detail
how those areas will be mitigated and managed by the City going forward. Specifically, certain
areas of the property are proposed to receive a 2-foot thick soil cap. Signature and recording will
not take place until both the RAP and RC are approved by EGLE.
The draft documents are included for review, without tables and appendices.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Improved access to the waterfront
Blight cleanup
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Amount Requested: Budgeted ltem:
Yes No N/A X
Fund(s) or Accouni(s): Budget Amendment Needed:
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Yes No N/A Xx
Recommended Motion:
Approval of a Response Activity Plan (RAP) and Restrictive Covenant (RC) regarding the recently
purchased CSxX rail corridor, and permission for the Mayor to sign the RC, subject to approval by the
state.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review x
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DECLARATION OF RESTRICTIVE COVENANT
FOR A RESTRICTED SITE-SPECIFIC REMEDIAL ACTION
EGLE Reference No:TBD
This Declaration of Restrictive Covenant (Restrictive Covenant) has been
recorded with the Muskegon County Register of Deeds for the purpose of
protecting public health, safety, and welfare, and the environment by prohibiting
or restricting activities that could result in unacceptable exposure to
environmental contamination present at the former CSX Railroad property
located in Muskegon, Michigan and legally described in Exhibit 1 attached hereto
(Property). The “Limits of Land or Resource Use Restrictions,” attached as
Exhibit 2, provides a description or drawing approved by EGLE of those portions
of the Property that are subject to land use or resource use restrictions specified
in this Restrictive Covenant.
The Property is associated with CSX Railway-Muskegon (Site ID 61000839) for which
response activitites were conducted pursuant to Part 201, Environmental Remediation,
of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended
(NREPA), MCL 324.20101 et seq. The Property described contains hazardous
substances in excess of the concentrations developed as the unrestricted residential
criteria under Section 20120a(1)(a) or (17) of the NREPA. EGLE recommends that
prospective purchasers or users of the Property undertake appropriate due diligence
prior to acquiring or using this Property and undertake appropriate actions to comply
with the due care requirements of Section 20107a of the NREPA.
The restrictions contained in this Restrictive Covenant, recorded pursuant to
Section 20121(2) of the NREPA, are based upon information available at the time the
response activities were implemented. Failure of the response activities to achieve and
maintain the criteria, exposure controls, and any requirements specified by the
response activities; future changes in the environmental condition of the Property or
changes in the cleanup criteria as defined in the NREPA; the discovery of
environmental conditions at the Property that were not accounted for during
implementation of the response activities; or use of the Property in a manner
inconsistent with the restrictions described herein, may result in this Restrictive
Covenant not being protective of public health, safety, and welfare, and the
environment.
Definitions
For the purposes of this Restrictive Covenant, the following definitions shall apply:
“EGLE” means the Michigan Department of Environment, Great Lakes, and Energy, its
successor entities, and those persons or entities acting on its behalf.
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"Owner" means at any given time the then current title holder of the Property or any
portion thereof.
All other terms used in this document which are defined in Part 3, Definitions, of the
NREPA; Part 201 of the NREPA; or the Part 201 Administrative Rules, Michigan
Administrative Code, 2013 AACS R 299.1 — R 299.50, shall have the same meaning in
this document as in Parts 3 and 201 of the NREPA and the Part 201 Administrative
Rules, as of the date of filing of this Restrictive Covenant.
Summary of Response Activities and Environmental Contamination
Hazardous substances including arsenic, manganese, and benzo(a)pyrene, are
present on the Property from historical filling of the area. Presence of these
substances on the Property require controls in the form of groundwater use
restrictions and soil management restrictions to prevent unacceptable exposure.
An exposure barrier consisting of either a twenty-four (24) inch soil cover or 6-
inch gravel layer overlayed by 3-inches of pavement was placed over eight (8)
impacted areas to prevent direct contact with hazardous substances located in
areas identified on Exhibit 2.
NOW THEREFORE,
4. Declaration of Land Use or Resource Use Restrictions.
City of Muskegon Michigan, as the owner of the property, hereby declares and
covenants that the Property shall be subject to the following restrictions and conditions:
a. Activity and Use Limitations.
Land Use: The Owner shall prohibit all uses of portions of the Property as
described in Exhibit 2 except for those uses that are consistent with
assumptions used to develop site-specific criteria pursuant to Section 20120a(2)
and 20120b of the NREPA as approved by EGLE.
The property is planned for use as a recreational trail, and as stated in the
Purchase and Sale Agreement agreed to by the City of Muskegon, shall not be
used for any other purpose. Specifically the property will not be used for (a) any
residential purpose of any kind or nature (residential use shall be defined broadly
to include, without limitation, any use of the Primary Premises by individuals or
families for purposes of personal living, dwelling, or overnight accommodations,
whether such uses are in single family residences, apartments, duplexes, or
other multiple residential dwellings, trailers, trailer parks, camping sites, motels,
hotels, or any other dwelling use of any kind), (b) any public or private school,
day care, or any organized long-term or short term child care of any kind, or (c)
any agricultural purpose that results in, or could potentially result in, the human
consumption of crops or livestock raised on the property (agricultural purpose
2
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shall be defined broadly to include, without limitation, activities such as food crop
production, dairy farming, livestock breeding and keeping, and cultivation of
grazing land that would ultimately produce, or lead to the production of, a product
that could be consumed by a human). Additionally, groundwater underneath the
property shall not be used for human consumption, irrigation, or other purposes.
The 24-inch soil cover or pavement has been installed overlying a
geotextile marker layer, at the locations shown in Exhibit 2, serves to
prevent exposures to contaminated soils at the Property. The Owner shall
prohibit the excavation or other intrusive activity that could affect the
integrity of the soil cap, except during short-term construction or repair
projects or for purposes of further treating or remediating the subject
contamination. Any excavation or other intrusive activity, including
removing, altering, or disturbing the barrier materials, that could affect the
integrity of the barrier, must be replaced with a cover that provides at least
an equivalent degree of protection as the original barrier within 14 days of
completion of the work. Repair and/or replacement of the barrier must be
completed unless additional sampling is conducted that demonstrates that
a barrier in the area is no longer necessary in accordance with the
applicable provisions and requirements of Part 201 of the NREPA.
b. Contaminated Soil Management. The Owner shall manage all soils, media
and/or debris located on the property in accordance with the applicable
requirements of Section 20120c of the NREPA; Part 111, Hazardous Waste
Management, of the NREPA; Toxic Substances Control Act (TSCA), 15 USC
2601 et seq.; Subtitle C of the Resource Conservation and Recovery Act, 42
U.S.C. Section 6901 et seq.; the administrative rules promulgated thereunder;
and all other relevant state and federal laws.
2. Running with the Land. This Restrictive Covenant shall run with the Property and
shall be binding on the Owner; future owners; and their successors and assigns,
lessees, easement holders, and any authorized agents, employees, or persons acting
under their direction and control. Pursuant to Section 20121(5)(b) of the NREPA, this
Restrictive Covenant shall continue in effect until it is determined that the hazardous
substances no longer present an unacceptable risk to the public health, safety, or
welfare, or the environment. Improper modification or rescission of any restriction
necessary to prevent unacceptable exposure to hazardous substances may result in the
need to perform additional response activities by those parties responsible for
performing response activity at the Property or to comply with Section 20107a of the
NREPA.
3. Enforcement of Restrictive Covenant. The State of Michigan, through EGLE, and
the City of Muskegon, may individually enforce the restrictions set forth in this
Restrictive Covenant by legal action in a court of competent jurisdiction.
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4. Severability. If any provision of this Restrictive Covenant is held to be invalid by any
court of competent jurisdiction, the invalidity of such provision shall not affect the validity
of any other provisions hereof, and all such other provisions shall continue unimpaired
and in full force and effect.
5. Authority to Execute Restrictive Covenant. The undersigned person executing this
Restrictive Covenant is the Owner, or has the express written permission of the Owner,
and represents and certifies that he or she is duly authorized and has been empowered
to execute and record this Restrictive Covenant.
6. Additional Provisions. The provisions provided in the section below are not required
for this restrictive covenant to be in compliance with Part 201 of the NREPA. These
provisions were agreed to by the Owner at the time the Restrictive Covenant was
recorded. Accordingly, EGLE may not enforce the Owner’s obligations outlined in these
provisions.
No additional provisions have been added.
Paae 453 of 93
IN WITNESS WHEREOF,
The City of Muskegon, the current and legal Owner of the Property, has caused this
Restrictive Covenant to be executed on this 26th day of March, 2024.
City of Muskegon
Signature /
Name: KennethD.Johnson
Print or Type Name
Its: | Mayor of the City of Muskegon
Title
STATE OF Michigan
COUNTY OF Muskegon
The foregoing instrument was acknowledged before me this 2nd day of April,
2024 by Kenneth D. Johnson Qu ;
NY sa A
Notary Public Signature
ANN MARIE MEISCH
Notary Public, Muskegon Co., Michigan
My Commission Expires Feb. 28, piss 2
Acting in the County of Muskegon
Prepared by:
Travis Hinman
Managing Consultant
Ramboll Americas Enginering Solutions, Inc.
When recorded return to:
Muskegon City Clerk
Ann Meisch
933 Terrace Street
Muskegon, MI 49440
EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY
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LEGAL DESCRIPTION
RESTRICTIVE COVENANT
MUSKEGON, MI
RAILROAD CENTERLINE DESCRIPTION OF CSX RAILROAD RIGHT-OF-WAY:
A VARIABLE WIDTH RAILROAD RIGHT-OF-WAY, BDNG LOCATED IN PART OF
SECTIONS 25, 34, 35 ANO 36, TION, RI7W, ANO SECTION JO, TION, RI6W, LOCATED
IN THE CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, BEING EITHER 10
FEET, 15 FEET, 18 FEET OR 34.5 FEET, MEASURED AT RIGHT ANGLES TO THE
FOLLOWING DESCRIBED CENTERLINE
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35 (UBER 3790,
PAGE 454), THENCE NORTH 02 DEGREES 13 MINUTES 09 SECONDS EAST, ALONG
THE WEST LINE OF SAID SECTION 35, A DISTANCE OF 2664.66 FEET TO THE WEST
1/4 CORNER OF SAID SECTION 35, THENCE NORTH 02 DEGREES | J MINUTES 09
SECONDS EAST, A DISTANCE OF 343,92 FEET TO A MEANER CORNER; THENCE
NORTH 87 DEGREES 51 MINUTES JO SECONDS WEST, PARALLEL WITH TH[ £AST-
WEST 1/4 LINE OF SAID SECTION 34, A DISTANCE OF 3397.85 FEET, THENCE NORTH
05 DEGREES 53 MINUTES 27 SECONDS WEST, A DISTANCE OF 116.59 FEET TO THE
INTERSECTION OF THE NORTH LINE OF LAKESHORE DRIVE ANO THE
CENTERLINE OF THE CSX RAILROAD AND THE POINT OF BEGINNING, SAID
RIGHT-OF-WAY IS 10 FEET RIGHT AND 10 FEET LEFT, MEASURED AT RIGHT
ANGLES, TO THE FOLLOWING DESCRIBED CENTERLINE;
THENCE NORTH 86 DEGREES 54 MINUTES 57 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 74.87 FEET;
THENCE EASTERLY, ALONG SAID CSX RAILROAD CENTERLINE AND A CURVE TO
THE RIGHT (CURVE DATA BEING RADIUS= 1203.09 FEET, DELTA=06 DEGREES 05
MINUTES 55 SECONDS, LONG CHORD=28.00 FEET, LONG CHORD BEARING=NORTH
89 DEGREES 57 MINUTES 55 SECONDS EAST), A DISTANCE OF 128.06 FEET;
THENCE SOUTH 86 DEGREES 59 MINUTES 08 SECONDS EAST, ALONG SA!O CSX
RAILROAD CENTERLINE, A DISTANCE OF 243.73 FEET,
THENCE SOUTH 87 DEGREES 06 MINUTES 01 SECOND EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 1667.20 FEET TO THE EAST LINE OF
BLOCK 603 ANO A POINT OF TRANS!TION (POINT A). SAID POINT OF TRANSITION
IS A TERMINUS OF A 20 FOOT WIDE RIGHT-OF-WAY TO THE BEGINNING OF A JO
FOOT WIDE RIGHT-OF-WAY, BEING 12 FEET RIGHT ANO 18 FEET LEFT OF SAID
RAILROAD CENTERLINE;
Confidential Paae 456 of 93
THENCE CONTINUE, SOUTH 87 DEGREES 06 MINUTES O 1 SECOND EAST, ALONG
SAID CSX RAILROAD CENTERLINE, A DISTANCE OF 17.28 FEET TO A CURVE TO
THE RIGHT;
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS=/200.30 FEET, DELTA=12 DEGREES OJ MINUTES 34 SECONDS, LONG
CHORO0=252.17 FEET, LONG CHORD BEARING=SOUTH 81 DEGREES 04 MINUTES 14
SECONDS EAST), A DISTANCE OF 252.63 FEET;
THENCE SOUTH 75 DEGREES 02 MINUTES 27 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 121.57 FEET TO A CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=1 129.21 FEET, DELTA=12 DEGREES 30 MINUTES 40 SECONDS, LONG
CHOR0=246.08 FEET, LONG CHORD BEARING=SOUTH 81 DEGREES 25 MINUTES 27
SECONDS [AST), A DISTANCE or 246.57 FEET;
THENCE SOUTH 87 DEGREES 40 MINUTES 46 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 109.65 FEET TO THE EAST LINE OF
BLOCK 693, AS EXTENDED NORTH AND A POINT OF TRANSITION (POINT A. I).
SAID POINT OF TRANSITION IS A TERMINUS OF A 30.00 FOOT WIDE RIGHT-OF-
WAY TO THE BEGINNING OF A 20.50 FOOT WIDE RIGHT-OF-WAY, BEING 12 FEET
RIGHT AND 8.5 FEET LEFT or SAID RAILROAD CENTERLINE;
THENCE CONTINUE, SOUTH 87 DEGREES 40 MINUTES 46 SECONDS EAST, ALONG
SAID CSX RAILROAD CENTERLINE, A DISTANCE OF 285.00 FEET TO A POINT OF
TRANSITION (POINT A.2) SAID POINT OF TRANSITION IS A TERMINUS OF A 20.50
FOOT WIDE RIGHT-OF-WAY TO THE BEGINNING OF A JO FOOT WIDE RIGHT-OF-
WAY, BEING 12 FEET RIGHT AND 18 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUE, SOUTH 87 DEGREES 40 MINUTES 46 SECONDS EAST, ALONG
SAID CSX RAILROAD CENTERLINE, A DISTANCE OF 250.34 FEET TO A CURVE TO
THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=927.02 FEET, DELTA=24 DEGREES 23 MINUTES 45 SECONDS, LONG
CHOR0=391.74 FEET, LONG CHORD BEARING=NORTH 80 DEGREES 07 MINUTES 21
SECONDS EAST), A DISTANCE OF 394.71 FEET;
THENCE NORTH 67 DEGREES 55 MINUTES 29 SECONDS [AST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE or 78.46 FEET TO A CURVE TO THE RIGHT;
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS=485.92 FEET, DELTA=17 DEGREES JO MINUTES 57 SECONDS, LONG
CHORD=147.97 FEET, LONG CHORD BEARING=NORTH 76 DEGREE£$ 40 MINUTES 57
SECONDS EAST), A DISTANCE OF 148.55 FEET TO A POINT OF TRANSITION (POINT
Confidential Paae 57 of 93
B). SAID POINT OF TRANSITION IS A TERMINUS OF A 30 FOOT WIDE RIGHT-OF-
WAY, BEING 12 FEET RIGHT ANO 18 FEET LEFT OF SAID RAILROAD CENTERLINE
TO THE BEGINNING OF A JO FOOT WIDE RIGHT-OF-WAY, BEING 15 FEET RIGHT
ANO 15 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUING EASTERLY ALONG SAID CURVE TO THE RIGHT (CURVE
DATA BEING RADIUS 485.92 FEET, OELTA=D6 DEGREES 02 MINUTES 56 SECONDS,
LONG CHORD=51.28 FEET, LONG CHORD BEARING=NORTH 88 DEGREES 27
MINUTES 54 SECONDS EAST), A DISTANCE OF 51 JO FEET;
THENCE SOUTH 88 DEGREES JO MINUTES 38 SECONDS EAST, ALONG SA!O CSX
RAILROAD CENTERLINE, A DISTANCE OF 163.12 FEET TO A CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=509.98 FEET, DELTA=20 DEGREES 44 MINUTES 23 SECONDS, LONG
CHORD=/83.59 FEET, LONG CHORD BEARING=NORTH 81 DEGREES 07 MINUTES 11
SECONDS EAST), A DISTANCE OF 184.60 FEET;
THENCE NORTH 70 DEGREES 44 MINUTES 59 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 109. 70 FEET TO A CURVE TO THE RIGHT;
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS=397.54 FEET, DELTA=15 DEGREES 15 MINUTES 10 SECONDS, LONG
CHORD= 105.52 FEET, LONG CHORD BEARING=NORTH 78 DEGREES 22 MINUTES 34
SECONDS EAST), A DISTANCE OF 105.83 FEET;
THENCE NORTH 86 DEGREES 00 MINUTES 09 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 228.64 FEET;
THENCE NORTH 85 DEGREES 20 MINUTES 46 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 119.29 FEET TO A CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=375.30 FEET, DELTA=09 DEGREES 09 MINUTES 57 SECONDS, LONG
CHOR0=59.97 FEET, LONG CHORD BEARING=NORTH 80 DEGREES 45 MINUTES 47
SECONDS EAST, A DISTANCE OF 60.04 FEET;
THENCE NORTH 76 DEGREES 10 MINUTES 48 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 63.94 FEET;
THENCE NORTH 74 DEGREES 41 MINUTES 47 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 132.74 FEET;
THENCE NORTH 74 DEGREES 19 MINUTES 51 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 526.91 FEET TO A CURVE TO THE LEFT;
Confidential Paae 58 of 93
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=22J1.87 FEET, DELTA=05 DEGREES 43 MINUTES 56 SECONDS, LONG
CHORD=223.20 FEET, LONG CHORD BEARING=NORTH 71 DEGREES 37 MINUTES 55
SECONDS EAST), A DISTANCE OF 223.29 FEET;
THENCE NORTH 68 DEGREES 55 MINUTES 58 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 300.91 FEET;
THENCE NORTH 68 DEGREES 09 MINUTES 04 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 347.02 FEET;
THENCE NORTH 67 DEGREES 33 MINUTES 56 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 998.48 FEET TO A CURVE TO THE LEFT;
THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA
BEING RADIUS=2860.54 FEET, DELTA= 12 DEGREES 55 MINUTES 56 SECONDS,
LONG CHORD=644,.28 FEET, LONG CHORD BEARING=NORTH 61 DEGREES 05
MINUTES 59 SECONDS EAST), A DISTANCE or 645.65 FEET;
THENCE NORTH 54 DEGREES 38 MINUTES 36 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 1272.01 FEET;
THENCE NORTH 54 DEGREES 36 MINUTES 52 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 111. 14 FEET;
THENCE NORTH 53 DEGREES 57 MINUTES 53 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 48.0J FEET TO A CURVE TO THE LEFT;
THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA
BEING RAOIUS=2741.37 FEET, DELTA= 15 DEGREES 07 MINUTES 32 SECONDS,
LONG CHORD=721.60 FEET, LONG CHORD BEARING=NORTH 46 DEGREES 24
MINUTES 07 SECONDS EAST). A DISTANCE OF 723. 70 FEET, TO A POINT OF
TRANSITION (POINT C). SAID POINT OF TRANSITION IS A TERMINUS OF A JO FOOT
WIDE RIGHT-OF-WAY TO THE BEGINNING OF A 20 FOOT WIDE RIGHT-OF-WAY,
BEING 10 FEET RIGHT AND 10 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUING, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RAOIUS=2741.J7 FEET, DELTA=OO DEGREES 06 MINUTES 34 SECONDS, LONG
CHORO0=5.24 FEET, LONG CHORD BEARING=NORTH 38 DEGREES 47 MINUTES 04
SECONDS EAST), A DISTANCE OF
5.24 FEET;
THENCE NORTH 38 DEGREES 43 MINUTES 47 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 12.14 FEET;
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THENCE NORTH 37 DEGREES 19 MINUTES 53 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE or 52.39 FEET;
THENCE NORTH 36 DEGREES 09 MINUTES 29 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 230.32 FEET;
THENCE NORTH 35 DEGREES 32 MINUTES 55 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 232. 11 FEET TO A CURVE TO THE LEFT;
THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA
BEING RAOIUS=.3227.11 FEET, DELTA=02 DEGREES 48 MINUTES 1 1 SECONDS,
LONG CHORD= 157.86 FEET, LONG CHORD BEARING=NORTH 34 DEGREES 23
MINUTES 35 SECONDS EAST), A DISTANCE OF 157.88 FEET TO A POINT OF
TRANSITION (POINT D). SAID POINT or TRANSITION IS A TERMINUS OF A 20 FOOT
WIDE RIGHT-OF-WAY TO THE BEGINNING OF A JO FOOT WIDE RIGHT-OF-WAY,
BEING 15 FEET RIGHT AND 15 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUING, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=.3227.11 FEET, DELTA=02 DEGREES 53 MINUTES 13 SECONDS, LONG
CHORD=162.59 FEET, LONG CHORD BEARING=NORTH 31 DEGREES 32 MINUTES 53
SECONDS EAST), A DISTANCE OF 162.61 FEET;
THENCE NORTH JO DEGREES 06 MINUTES 17 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 397.11 FEET TO A CURVE TO THE RIGHT;
THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA
BEING RADIUS=.3496.37 FEET, DELTA=OJ DEGREES 12 MINUTES 08 SECONDS,
LONG CHORD =195.J8 FEET, LONG CHORD BEARING=NORTH 31 DEGREES 42
MINUTES 20 SECONDS EAST), A DISTANCE OF 195.41 FEET TO A POINT OF
TRANSITION (POINT E). SAID POINT OF TRANSITION IS A TERMINUS OF A 30 FOOT
WIDE RIGHT-OF-WAY TO THE BEGINNING OF A 20 FOOT WIDE RIGHT-OF-WAY,
BEING 10 FEET RIGHT AND 10 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUING ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RAOIUS=3496.J7 FEET, DELTA=04 DEGREES 19 MINUTES 47 SECONDS, LONG
CHORD=264.14 FEET, LONG CHORD BEARING=NORTH 35 DEGREES 28 MINUTES 18
SECONDS EAST), A DISTANCE OF 264.21 FEET;
THENCE NORTH 37 DEGREES 38 MINUTES 11 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 191.26 FEET;
THENCE NORTH 38 DEGREES 36 MINUTES 57 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 142.15 FEET TO A POINT OF TRANSITION
(POINT F). SAID POINT OF TRANSITION IS A TERMINUS OF A 20 FOOT WIDE RIGHT-
OF-WAY TO THE BEGINNING OF A 30 FOOT WIDE RIGHT-OF-WAY, BEING 15 FEET
RIGHT AND 15 FEET LEFT OF SAID RAILROAD CENTERLINE;
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THENCE CONTINUING, NORTH 38 DEGREES 36 MINUTES 57 SECONDS EAST,
ALONG SAID CSX RAILROAD CENTERLINE, A DISTANC[ OF
886.61 FEET;
THENCE NORTH 40 DEGREES 55 MINUTES 55 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 134.07 FEET TO A CURVE TO THE LEFT;
THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA
BEING RADIUS= 1012.68 FEET, DELTA=07 DEGREES 20 MINUTES 24 SECONDS,
LONG CHORD=/29.64 FEET, LONG CHORD BEARING=NORTH 37 DEGREES 15
MINUTES 43 SECONDS EAST), A DISTANCE OF 129.73 FEET;
THENCE NORTH 33 DEGREES 35 MINUTES J 1 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 28.84 FEET TO A CURVE TO THE RIGHT;
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS=470.68 FEET, DELTA=86 DEGREES 31 MINUTES 27 SECONDS, LONG
CHORD=645. 15 FEET, LONG CHORD BEARING=NORTH 76 DEGREES 51 MINUTES 15
SECONDS EAST), A DISTANCE OF
710.79 FEET;
THENCE SOUTH 59 DEGREES 53 MINUTES 01 SECOND EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 86.66 FEET TO A CURVE TO THE LEFT;
THENCE SOUTHEASTERLY, ALONG A CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=531.69 FEET, DELTA=12 DEGREES 42 MINUTES 34 SECONDS, LONG
CHORD= 117. 70 FEET, LONG CHORD BEARING=SOUTH 66 DEGREES 14 MINUTES 18
SECONDS EAST), A DISTANCE OF 11 7.94 FEET;
THENCE SOUTH 72 DEGREES 35 MINUTES 35 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 238.27 FEET;
THENCE SOUTH 74 DEGREES 16 MINUTES 49 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 203.24 FEET;
THENCE SOUTH 72 DEGREES 50 MINUTES 43 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 338.44 FEET TO A CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=1912.88 FEET, DELTA=07 DEGREES 41 MINUTES 12 SECONDS, LONG
CHORD=256.44 FEET, LONG CHORD BEARING=SOUTH 76 DEGREES 41 MINUTES 19
SECONDS EAST), A DISTANCE OF 256.63 FEET;
THENCE SOUTH 80 DEGREES 31 MINUTES 55 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 209.02 FEET TO A CURVE TO THE LEFT,
Confidential Paae 61 of 93
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=536.04 FEET, DELTA=24 DEGREES 51 MINUTES 38 SECONDS, LONG
CHORD=2J0.77 FEET, LONG CHORD BEARING=NORTH 87 DEGREES 02 MINUTES 16
SECONDS EAST), A DISTANCE OF
232.59 FEET;
THENCE NORTH 74 DEGREES 36 MINUTES 27 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 5.29 FEET TO A CURVE TO THE LEFT;
THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA
BEING RADIUS=735.08 FEET. DELTA=20 DEGREES 21 MINUTES 35 SECONDS, LONG
CHORD=259.83 FEET, LONG CHORD BEARING=NORTH 64 DEGREES 25 MINUTES 40
SECONDS EAST), A DISTANCE OF 261.20 FEET,
THENCE NORTH 54 DEGREES 14 MINUTES 52 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 14,59 FEET TO THE POINT or ENDING.
THE RIGHT-OF-WAY TERMINATES AT A LINE RUNNING NORTH 5 DEGREES 51
MINUTES I 1 SECONDS WEST ANO SOUTH 5 DEGREES 51 MINUTES 11 SECONDS
EAST THROUGH THE POINT OF ENDING
ALSO TOGETHER WITH - (A) A VARIABLE WIDTH RAILROAD RIGHT-OF-WAY, AS
PER THE CSX RAILROAD AGREEMENT #19343 AND #19J43A, THE LANO LYING
SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE AND NORTHWESTERLY
OF THE DESCRIBED 30 FOOT WIDE RAILROAD RIGHT-OF-WAY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 25 (UBER 4173, PAGE
8036), THENCE NORTH 87 DEGREES 28 MINUTES 21 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID SECTION 25, A DISTANCE OF 2659.39 FEET TO THE
SOUTHWEST CORNER OF SAID SECTION 25, THENCE NORTH OJ DEGREES 39
MINUTES 52 SECONDS WEST, A DISTANCE OF 6.54 FEET TO THE POINT OF
BEGINNING;
THENCE NORTH 45 DEGREES 48 MINUTES 05 SECONDS EAST, A DISTANCE OF
126.86 FEET;
THENCE NORTH 54 DEGREES 38 MINUTES 36 SECONDS EAST, A DISTANCE OF 94.94
FEET;
THENCE NORTH 54 DEGREES 36 MINUTES 52 SECONDS EAST, A DISTANCE OF
110.95 FEET;
THENCE NORTH 53 DEGREES 57 MINUTES 53 SECONDS EAST, A DISTANCE OF 47.84
FEET TO A CURVE TO THE LEFT;
Confidential Paae 62 of 93
THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA
BDNG RADIUS=2706.87 FEET, DELTA= 13 DEGREES 03 MINUTES 17 SECONDS, LONG
CHOR0=615.43 FEET, LONG CHORD BEARING=NORTH 47 DEGREES 26 MINUTES 15
SECONDS EAST), A DISTANCE OF 616.76 FEET;
THENCE NORTH 47 DEGREES 20 MINUTES JO SECONDS EAST, ALONG A LINE NON
TANGENT TO SAID CURVE, A DISTANCE OF 111.29 FEET,
THENCE SOUTH 40 DEGREES 42 MINUTES 11 SECONDS EAST, A DISTANCE OF 4.88
FEET TO THE POINT OF ENDING.
ALSO TOGETHER WITH — (B) A PARCEL OF LAND BEING PART OF SECTION 25,
TOWN 10 NORTH, RANGE 17 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY,
MICHIGAN, ALSO BEING A PART OF THE C & 0 RAILROAD COMPANY SIDE TRACK
RIGHT OF WAY ADJOINING BLOCKS 470, 579 AND 581 OF THE REVISED PLAT OF
1903 OF THE CITY OF MUSKEGON, ANO ALSO BEING A PART OF SAID BLOCK 579,
DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF
SAID BLOCK 581, THENCE NORTHEASTERLY PARALLEL TO AND 15.00 FEET,
MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF THE MAIN TRACK OF
SAID C & 0 RAILROAD COMPANY 120.00 FEET FOR POINT OF BEGINNING, THENCE
CONTINUE NORTHEASTERLY PARALLEL TO SAID MAIN TRACK 737.85 FEET,
THENCE SOUTHEASTERLY ALONG SOUTHWESTERLY LINE OF SAID BLOCK 579
EXTENDED A DISTANCE OF 110.70 FEET, THENCE EASTERLY ALONG THE
SOUTHERLY LINE OF SAID BLOCK 579 ALONG THE ARC OF A 647.27 FOOT RADIUS
CURVE TO THE RIGHT A DISTANCE OF 163.04 FEET TO THE NORTH AND SOUTH %
LINE OF SAID SECTION 25. THENCE SOUTHERLY ALONG SAID NORTH ANO SOUTH
¥, LINE 20.06 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID C & 0
RAILROAD COMPANY SIDE TRACK, THENCE SOUTHWESTERLY ALONG SAID
RIGHT OF WAY 907 FEET, MORE OR LESS, TO POINT OF BEGINNING. CONTAINING
0.5 ACRES, MORE OR LESS.
SUBJECT TO EASEMENT ANO RESTRICTION OF RECORD.
ALSO TOGETHER WITH -- (C) A PARCEL OF LAND BEING PART OF THE
NORTHWEST 1/4 OF SECTION 36, TION, RI7W, MUSKEGON COUNTY MICHIGAN,
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 36,
THENCE SOUTH 87 DEGREES 28 MINUTES 21 SECONDS EAST, ALONG THE NORTH
LINE OF SAID SECTION 36, A DISTANCE OF 129.36 FEET;
THENCE SOUTH 54 DEGREES 38 MINUTES 36 SECONDS WEST, A DISTANCE or 164.05
FEET TO A POINT ON TH[ W[ST LIN[ or SAID SECTION 36;
Confidential Paae 63 of 93
THENCE NORTH 02 DEGREES 35 MINUTES 48 SECONDS EAST, ALONG SAID WEST
LINE OF SECTION 36, A DISTANCE OF 100.74 FEET TO SAID NORTHWEST CORNER
OF SECTION 36 AND THE POINT OF BEGINNING.
ALSO TOGETHER WITH -- (D) THE WEST 20 FEET OF LOT 1, BLOCK 609 OF THE
CITY OF MUSKEGON AS PER UBER 52, PAGE 1, MUSKEGON COUNTY RECORDS,
MUSKEGON COUNTY, MICHIGAN.
ALSO TOGETHER WITH -- (E) (LIBER 883, PAGE 529) ALL THAT CERTAIN PIECE OR
PARCEL OF LAND SITUATE AND BEING IN THE CITY OF MUSKEGON, COUNTY OF
MUSKEGON, AND STATE or MICHIGAN, DESCRIBED AS FOLLOWS:
PART OF SAID BLOCK 470 REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS BEING A 17 FOOT STRIP OF
LANO, 8.5 FEET AS MEASURED AT RIGHT ANGLES ON EITHER SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE WEST
LINE OF BLOCK 470 DISTANT DUE SOUTH 138.65 FEET FROM THE NORTHWEST
CORNER OF BLOCK 470 AND PROCEEDING THENCE ON A CURVE TO THE RIGHT
52.06 FEET (RADIUS 1,063.29 FEET, CENTRAL ANGLE 2 DEGREES, 48 MINUTES, 20
SECONDS, CHORD BEARS SOUTH 87 DEGREES 48 MINUTES, JO SECONDS EAST
52.06 FEET); THENCE SOUTH 86 DEGREES 24 MINUTES 20 SECONDS EAST 60.20
FEET; THENCE ON A CURVE TO THE RIGHT 43.12 FEET (RADIUS 787.09 FEET,
CENTRAL ANGLE 3 DEGREES 08 MINUTES 20 SECONDS, CHORD BEARS SOUTH 84
DEGREES 50 MINUTES 10 SECONDS EAST 43. 11 FEET) TO THE POINT OF ENDING;
THE LAND HEREBY QUIT CLAIMED CONTAINING AND AREA OF 15,215 SQUARE
FEET, MORE OR LESS.
ALSO TOGETHER WITH -- {F) AN INGRESS AND EGRESS EASEMENT INTEREST IN
AND TO A STRIP OF LAND TWO (2) RODS IN WIDTH, OVER AND ACROSS THAT
PART OF SAID LOT ONE(1), OF SECTION THIRTY-FIVE (35) , BOUNDED NORTHERLY
BY THE CENTERLINE DESCRIPTION DESCRIBED ABOVE, EASTERLY BY THE
WESTERLY BOUNDARY LINE OF LOT THIRTEEN (13) OF BLOCK SIX HUNDRED
NINE (609) OF THE REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON,
EXTENDED NORTHERLY, SOUTHERLY BY LAKE STREET AND WESTERLY BY THE
WESTERLY BOUNDARY LINE OF SAID LOT ONE (1) or SECTION THIRTY-FIVE (35).
EXCEPT (PURE MUSKEGON, LLC EXCEPTION) A PORTION OF THE CSX RAILROAD
RIGHT-OF-WAY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35 (UBER 3790,
PAGE 454), THENCE NORTH 02 DEGREES 13 MINUTES 09 SECONDS EAST, ALONG
THE WEST LINE OF SAID SECTION JS, A DISTANCE OF 2664.66 FEET TO THE WEST
1/4 CORNER OF SAID SECTION 35, THENCE NORTH 02 DEGREES 13 MINUTES 09
SECONDS EAST, A DISTANCE OF 343.92 FEET TO A MEANER CORNER; THENCE
NORTH 87 DEGREES 51 MINUTES JO SECONDS WEST, PARALLEL WITH THE EAST-
WEST 1/4 LINE OF SAID SECTION 34, A DISTANCE OF 3397.85 FEET, NORTH 05
Confidential Paae 64 of 93
DEGREES 53 MINUTES 27 SECONDS WEST, A DISTANCE OF 116.59 FEET TO THE
INTERSECTION OF THE NORTH LINE OF LAKESHORE DRIVE ANO THE
CENTERLINE OF THE CSX RAJLROAD,
THENCE NORTH 86 DEGREES 54 MINUTES 57 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 74.87 FEET;
THENCE EASTERLY, ALONG SAID CSX RAILROAD CENTERLINE ANO A CURVE TO
THE RIGHT (CURVE DATA BEING RADIUS= 1203.09 FEET, DELTA=06 DEGREES 05
MINUTES 55 SECONDS, LONG CHORD=28.00 FEET, LONG CHORD BEARING=NORTH
89 DEGREES 57 MINUTES 55 SECONDS EAST), A DISTANCE OF 128.06 FEET;
THENCE SOUTH 86 DEGREES 59 MINUTES 08 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 243.73 FEET;
THENCE SOUTH 87 DEGREES 06 MINUTES 01 SECOND EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 574.83 FEET TO THE POINT OF
BEGINNING OF SAID EXCEPTION;
THENCE CONTINUING, SOUTH 87 DEGREES 06 MINUTES 01 SECOND EAST, ALONG
SAID CSX RAILROAD CENTERLINE, A DISTANCE OF 1092.37 FEET TO THE EAST
LINE OF BLOCK 603 AND A POINT OF TRANSITION (POINT A). SAID POINT OF
TRANSITION IS A TERMINUS OF A 20 FOOT WIDE RIGHT-OF-WAY TO THE
BEGINNING OF A JO FOOT WIDE RIGHT-OF-WAY, BEING 12 FEET RIGHT AND 18
FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUE, SOUTH 87 DEGREES 06 MINUTES 01 SECOND EAST, ALONG
SAID CSX RAILROAD CENTERLINE, A DISTANCE or 17.28 FEET TO A CURVE TO THE
RIGHT;
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS= 1200.30 FEET, DELTA= 12 DEGREES 03 MINUTES 34 SECONDS, LONG
CHORD=252.17 FEET, LONG CHORD BEARING=SOUTH 81 DEGREES 04 MINUTES 14
SECONDS EAST), A DISTANCE OF
252.63 FEET;
THENCE SOUTH 75 DEGREES 02 MINUTES 27 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 121.57 FEET TO A CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS= 1129.21 FEET, DELTA= 12 DEGREES 30 MINUTES 40 SECONDS, LONG
CHORD=246.08 FEET, LONG CHORD BEARING=SOUTH 81 DEGREES 25 MINUTES 27
SECONDS EAST), A DISTANCE OF 246.57 FEET;
THENCE SOUTH 87 DEGREES 40 MINUTES 46 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 109.65 FEET TO THE EAST LINE OF
Confidential Paae 65 of 93
BLOCK 693, AS EXTENDED NORTH ANO A POINT OF TRANSITION (POINT A. 1).
SAID POINT OF TRANSITION IS A TERMINUS OF A 30.00 FOOT WIDE RIGHT-OF-
WAY TO THE BEGINNING OF A 20.50 FOOT WIDE RIGHT-OF-WAY, BEING 12 FEET
RIGHT ANO 8.5 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUE, SOUTH 87 DEGREES 40 MINUTES 46 SECONDS EAST, ALONG
SA!ID CSX RAILROAD CENTERLINE, A DISTANCE OF 285.00 FEET TO A POINT OF
TRANSITION (POINT A.2) SAID POINT OF TRANSITION IS A TERMINUS OF A 20.50
FOOT WIDE RIGHT-OF-WAY TO THE BEGINNING OF A 30 FOOT WIDE RIGHT-OF-
WAY, BEING 12 FEET RIGHT AND 18 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUE, SOUTH 87 DEGREES 40 MINUTES 46 SECONDS EAST, ALONG
SAID CSX RAILROAD CENTERLINE, A DISTANCE OF 250.34 FEET TO A CURVE TO
THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE" TO THE LEFT (CURVE DATA BEING
RADIUS=927.02 FEET, DELTA=24 DEGREES 23 MINUTES 45 SECONDS, LONG
CHORD=391.74 FEET, LONG CHORD BEARING=NORTH 80 DEGREES 07 MINUTES 21
SECONDS EAST), A DISTANCE OF 394.71 FEET;
THENCE NORTH 67 DEGREES 55 MINUTES 29 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 78.46 FEET TO A CURVE TO THE RIGHT,
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS=485.92 FEET, DELTA=/7 DEGREES JO MINUTES 57 SECONDS, LONG
CHORD=/47.97 FEET. LONG CHORD BEARING=NORTH 76 DEGREES 40 MINUTES 57
SECONDS EAST). A DISTANCE OF 148.55 FEET TO A POINT OF TRANSITION (POINT
8). SAID POINT OF TRANSITION IS A TERMINUS OF A JO FOOT WIDE RIGHT-OF-
WAY, BEING 12 FEET RIGHT AND 18 FEET LEFT OF SAID RAILROAD CENTERLINE
TO THE BEGINNING OF A JO FOOT WIDE RIGHT-OF-WAY, BEING 15 FEET RIGHT
~ AND 15 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUING EASTERLY ALONG SAID CURVE TO THE RIGHT (CURVE
DATA BEING RADIUS 485.92 FEET, DELTA=06 DEGREES 02 MINUTES 56 SECONDS,
LONG CHORD=51.28 FEET, LONG CHORD BEARING=NORTH 88 DEGREES 27
MINUTES 54 SECONDS EAST), A DISTANCE OF 51.30 FEET;
THENCE SOUTH 88 DEGREES 30 MINUTES 38 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 163. 12 FEET TO A CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=509.98 FEET, DELTA=20 DEGREES 44 MINUTES 23 SECONDS, LONG
CHORD= 183.59 FEET. LONG CHORD BEARING=NORTH 81 DEGREES 07 MINUTES 11
SECONDS EAST), A DISTANCE OF 184.60 FEET;
THENCE NORTH 70 DEGREES 44 MINUTES 59 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 109.70 FEET TO A CURVE TO THE RIGHT;
Confidential Paae 66 of 93
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS=J97.54 FEET, DELTA= 15 DEGREES 15 MINUTES 10 SECONDS, LONG
CHORD= 105.52 FEET, LONG CHORD BEARING=NORTH 78 DEGREES 22 MINUTES 34
SECONDS [AST), A DISTANCE or 105.83 FEET;
THENCE NORTH 86 DEGREES 00 MINUTES 09 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE or 228.64 FEET;
THENCE NORTH 85 DEGREES 20 MINUTES 46 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE or 7.JJ FEET TO THE POINT OF ENDING OF
SAID RAILROAD CENTERLINE EXCEPTION.
SAID AREA OF CSX RAILROAD EASEMENT-9.05 ACRES+ (ACREAGE DOES NOT
INCLUDE THE AREA IN THE EXCEPTION)
ALSO EXCEPT (MCC REALTY, LLC EXCEPTION) A PORTION OF THE CSX
RAILROAD RIGHT-OF-WAY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35 (LIBER 3790,
PAGE 454), THENCE NORTH 02 DEGREES 13 MINUTES 09 SECONDS EAST, ALONG
THE WEST LINE OF SAID SECTION 35, A DISTANCE OF 2664.66 FEET TO THE WEST
1/4 CORNER OF SAID SECTION 35, THENCE NORTH 02 DEGREES 13 MINUTES 09
SECONDS EAST, A DISTANCE OF 343.92 FEET TO A MEANER CORNER; THENCE
NORTH 87 DEGREES 51 MINUTES 30 SECONDS WEST, PARALLEL WITH THE EAST-
WEST 1/4 LINE OF SAID SECTION 34, A DISTANCE OF 3397.85 FEET, THENCE NORTH
05 DEGREES 53 MINUTES 27 SECONDS WEST, A DISTANCE OF 116.59 FEET TO THE
INTERSECTION OF THE NORTH LINE OF LAKESHORE DRIVE AND THE
CENTERLINE or THE CSX RAILROAD,
THENCE NORTH 86 DEGREES 54 MINUTES 57 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 74.87 FEET;
THENCE EASTERLY, ALONG SAID CSX RAILROAD CENTERLINE AND A CURVE TO
THE RIGHT (CURVE DATA BEING RADIUS= 1203.09 FEET, OELTA=06 DEGREES 05
MINUTES 55 SECONDS, LONG CHORD=28.00 FEET, LONG CHORD BEARING=NORTH
89 DEGREES 57 MINUTES 55 SECONDS EAST), A DISTANCE OF 128.06 FEET;
THENCE SOUTH 86 DEGREES 59 MINUTES 08 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 8.00 FEET, MORE OR LESS, TO THE POINT
OF BEGINNING OF SAID EXCEPTION; (RAILROAD RIGHT-OF-WAY IS 20 FEET WIDE,
BEING 10 FEET RIGHT ANO 10 FEET LEFT, MEASURED AT RIGHT ANGLES TO THE
FOLLOWING DESCRIBED CENTERLINE)
THENCE CONTINUING, SOUTH 86 DEGREES 59 MINUTES 08 SECONDS EAST,
ALONG SAID CSX RAILROAD CENTERLINE, A DISTANCE OF 235. 7J FEET;
Confidential Paae 67 of 93
THENCE SOUTH 87 DEGREES 06 MINUTES 01 SECOND EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 574.83 FEET TO THE POINT OF ENDING,
Confidential Paae 68 of 93
EXHIBIT 2
LIMITS OF LAND OR RESOURCE USE RESTRICTIONS
Paae 69 of 93
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