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HomeMy WebLinkAboutCommitments-Proposed: Bullet Points Summary1. Prohibition on delivery trucks between 9 p.m. and 7 a.m. A. No entering of delivery trucks after 9 p.m. B. No exiting of delivery trucks prior to 7 a.m. C. Delivery trucks shall not be allowed on the Property between the hours of 9:00 p.m. and 7:00 a.m., other than in the loading dock area. D. No overnight (during prohibition period hours) parking of delivery trucks or trailers in areas other than the Loading Dock. E. Delivery trucks shall not idle on the property during prohibition period. F. Refrigeration units in tractor trailers shall not run during the prohibition period. G. Commitment addresses all types of delivery trucks, semi and box trucks, etc. 2. Trash removal prohibited between 7 p.m. and 8 a.m. 3. Site access shall meet all applicable design standards. 4. Mounding per plans. 5. Wall 10' in height and design as shown. 6. Planting on residential side will be done in consultation with adjacent owners. 7. 18 additional evergreens to fill in gaps in existing east -west tree line. 8. No pole lights north, south and east of grocery store and B- Shops. 9. 12' wall mounted lights (revised from 15'). 10. B -Shop Drive -thru use limited to 7 a.m. to 12 a.m. midnight. 11. No speaker system audible in excess of 100'. 12. No fast food with drive -thru in B- shops. 13. No future fast food with drive -thru at pharmacy. 14. Pharmacy drive -thru hours limited to 7a.m. to 9p.m. 15. The only outdoor speaker system not associated with drive -thru facilities would be at the fuel center. 16. Guaranteed setbacks and buffers as shown on approved plans. 17. Outdoor storage is prohibited; outdoor sales allowed only behind colonnades in front of grocery store. 18. No sidewalk connection to Townhomes unless required by DOCS, and 19. Provision of sanitary sewer per exhibit. 20. Eliminate outdoor commercial kennel as permitted use. 21. Michigan Road Overlay standards will be extended across entire site excepting: A. Drive -thru lane on side of Anchor tenant and B -Shops as indicated on plans. B. Total of 98,000 square feet retail ceiling, and C. Wall -v- fence. 22. Mechanical screening per commitments. 23. Except when under construction, Michigan Road path is to be open and clean. 24. Any non deciduous tree to be replaced by tree of same height or 12', whichever is less. 25. B3 permitted uses limited to those specified in commitments. 26. No outdoor live entertainment. Bullet Points 30210 Bullet Points Summary for Commitment: Copj (Lonj Sranc wlar'k� rojer Bullet Points Summary for Commitment: r R ECEIVED 1. Prohibition on delivery trucks between 9 p.m. and 7 a.m. f rY p FEB L 5 20W A. No entering of delivery trucks after 9 p.m. DOCs B. No exiting of delivery trucks prior to 7 a.m. 6,1 C. Delivery trucks shall not be allowed on the Property between the, -hours of 9:00 p.rnrs and 7:00 a.m., other than in the loading dock area. 4 Z� D. No overnight (during prohibition period hours) parking of delivery trucks:ortrailers in areas other than the Loading Dock. E. Delivery trucks shall not idle on the property during prohibition period. F. Refrigeration units in tractor trailers shall not run during the prohibition period. G. Commitment addresses all types of delivery trucks, semi and box trucks, etc. 2. Trash removal prohibited between 7 p.m. and 8 a.m. 3. Site access shall meet all applicable design standards. 4. Mounding per plans. 5. Wall 10' in height and design as shown. 6. Planting on residential side will be done in consultation with adjacent owners. 7. 18 additional evergreens to fill in gaps in existing east -west tree line. 8. No pole lights north, south and east of grocery store and B- Shops. 9. 12' wall mounted lights (revised from 15'). lM 10. B -Shop Drive -thru use limited to 7 a.m. to 1- ght. 11. No speaker system audible in excess of 100'. 12. No fast food with drive -thru in B- shops. 13. No future fast food with drive -thru at pharmacy. 14. Pharmacy drive -thru hours limited to 7a.m. to 9p.m. 15. The only outdoor speaker system not associated with drive -thru facilities would be at the fuel center. 16. Guaranteed setbacks and buffers as shown on approved plans. 17. Outdoor storage is prohibited; outdoor sales allowed only behind colonnades in front of grocery store. l c- 18. No sidewalk connection to Townhomes unless required by DOCS, and 19. Provision of sanitary sewer per exhibit. 20. Eliminate outdoor commercial kennel as permitted use. 21. Michigan Road Overlay standards will be extended across entire site excepting: A. Drive -thru lane on side of Anchor tenant and B -Shops as indicated on plans. B. Total of 98,000 square feet retail ceiling, and C. Wall -v- fence. oi- o✓ 22. Mechanical screening per commitments. 23. Except when under construction, Michigan Road path is to be open and clean. 24. Any non deciduous tree to be replaced by tree of same height or 12', whichever is less. 25. B3 permitted uses limited to those specified in commitments. 26. No outdoor live entertainment. Bullet Points 30210 .45`O O. "Pharmacy" shall mean the pharmacy, with drive through service, to be located along the southern portion of the Grocery Store. P. "Retail Sales" shall mean "sales, general retail" as defined by the City's Zoning Ordinance in existence on the date of the Approval. Q. "Sanitary Lateral" shall mean the sanitary lateral identified on the Sanitary Lateral Plans. R. "Sanitary Lateral Plans" shall mean the plans that are attached hereto and incorporated herein by reference as Exhibit "G" S. "Site Plan" shall mean the site plan attached hereto and incorporated herein by reference as Exhibit "H T. "Wall" shall mean the wall illustrated on what is attached hereto and incorporated herein by reference as Exhibit "I Section 3. Commitment Concerning Use. Only the following uses, individually or in any combination, are permitted uses upon the Real Estate. A. Clinic or Medical Health Center; f e. n B. General Office; C. Professional Office; D. School, Trade or Business; E. Day Nursery/Day Care; F. Kindergarten/Preschool; G. Retail Sales (including, without limitation, grocery store and pharmacy- with or without drive -thru service); H. General Service; ,,�AA t I. Automobile Fuel Station G —00 J. Automobile /Truc epair (indoor); K. Car Wash; 7 L. Dry Cleaning Establishment (with or without on -site plant); e QA-L M. Financial Institution; N. Automated Teller Machine (ATM); O. Veterinary Hospital (with or without indoor commercial kennel); l P. Art gallery; Q. Restaurant (with or without drive thru service); LN R. Printing/Publishing Establishment; S. Accessory Outdoor Sales in area designated on the Site Plan; and T. All uses accessory to the foregoing permitted uses. Section 4. Commitment Concerning Trash Pick -Up. Trash pick -up shall not occur between the hours of 7:00 p.m. and 8:00 a.m. Section 5. Commitment, concerning Deliveries. Delivery of food, inventory and goods by Delivery Trucks shall not be permitted between the hours of 9:00 p.m. and 7:00 a.m. ri A. Delivery Trucks shall neither enter the Property after 9:00 p.m. nor exit the Property before 7:00 a.m. 2 I. Building set -backs and buffers shall not be reduced below those identified on the Site Plan, the Landscape Plan and any other final plans approved in connection with Approvals. Section 7. Miscellaneous Commitments. A. There shall be no light poles, located east of the western facade of the Grocery Store and B- Shops, on the east side, south side and north side of the Grocery Store and B Shops. B. All wall mounted lighting, per the Lighting Plans, shall be set no higher than 12 feet above finished grade. C. No outdoor live entertainment is permitted. D. The use of the Pharmacy drive -up /pick -up window shall limited to the hours of 7:00 a.m. to 9:00 p.m., the Pharmacy drive -up /pick -up window shall be screened between the hours of 9:00 p.m. and 7:00 a.m. and the Pharmacy shall not be replaced by a fast food restaurant with drive through service. E. The use of the B -Shops drive -up /pick -up windows shall be limited to the hours of 7:00 a.m. to 12:00 midnight. F. The drive -up /pick -up windows on the B Shops shall be limited to dry cleaners, pizza parlors, sub shops, financial institutions, coffee shops, or similar uses, but shall not be used for any fast food restaurants, such as but not limited to a McDonalds, Wendy's, Burger King, Taco -Bell, or Hardees. G. All sound from intercom communication systems, utilized for drive -up /pick -up windows for the Pharmacy, B -Shops and the Outlots, shall be limited at they are below the level detectable by a human being at a point more tha'r100 et from the drive -up /pick -up windows. H. The intercom communication system and the outdoor speaker system used in connection with the Fuel Center shall be limited su t they are below the level detectable by a human being at a point more th. 100 -et from the perimeter of the Fuel Center. I. All roof -top equipment shall be screened by a parapet wall that is greater in height than the roof -top equipment. Additionally, the height of any equipment emitting any food odors shall be 2 feet below the height of the parapet walls. J. The east elevations of the Grocery Store shall not exceed approximately 29 feet 4 inches in height, when measured from the FFE to the top of the parapet wall; provided, however, that, as illustrated by the Elevations, the parapet walls at the corners shall be allowed to be approximately 32 feet in height. The two entrances on the west elevation of the Grocery Store shall not exceed approximately 38 feet in height when measured from the FFE, and the entry elements on the west elevation of the B -Shops shall not exceed approximately 32 feet in height above the FFE. K. The curbing and asphalt shall not be any closer to the north, east and south Property lines than as shown on the Site Plan and the final plans approved in connection with the Approval. L. No outside storage shall be permitted on the Property; provided, however, that outdoor sales are allowed in the "Outdoor Sales Area 4 COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE Kroger Limited Partnership I, an Ohio limited partnership, "Kroger and 1031 Z B, LLC an Indiana limited liability company "Z B make the following commitments (the "Commitments to the Plan Commission (the "Plan Commission of the City of Carmel, Indiana (the "City Section 1. Cross Reference. These Commitments are made in connection with the approval by the Plan Commission of DP /ADLS on under Docket No. 09100009 (the "Approval with respect to the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Property Section 2. Definitions. The following definitions shall apply throughout these Commitments. A. "B- Shops" shall mean the area identified on the Site Plan as the "B- Shops B. "Buffer Drawing" shall mean the drawing attached hereto and incorporated herein by reference as Exhibit `B C. "Delivery Trucks" shall mean all types of trucks (semis, box trucks, panel vans) that deliver food, inventory or goods to the Loading Docks or to any building located upon the Property. D. "East Real Estate" shall mean the real estate depicted in what is attached hereto and incorporated herein by reference as Exhibit "C E. "Elevations" shall mean the building elevations depicted on what is attached hereto and incorporated herein by reference as Exhibit "D F "FFE" shall mean the finished floor elevation of the building to be built on the building pad identified as the Grocery Store on the Site Plan. G. "Fuel Center" shall mean the "Fuel Center" identified on the Site Plan. H. "Grocery Store" shall mean the area identified on the Site Plan as the "Grocery Store L "Landscape Plans" shall mean the final Landscape Plans approved as part of the Approvals, a reduced copy of which Landscape Plans is attached hereto and incorporated herein by reference as Exhibit "E J. "Lighting Plan" shall mean the final lighting plan approved in connection with the Approvals, a reduced copy of which lighting plan is attached hereto and incorporated herein by reference as Exhibit "F K. "Loading Docks" shall mean the area identified as the "Loading Docks" on the Site Plan. L. "Mound(s)" shall mean the mound(s) identified on the Buffer Drawing and other final plans approved as part of the Approval. M. "Outdoor Sales Area" shall mean the area identified on the Site Plan as the "Outdoor Sales Area." N. Outlots" shall mean the "Outlots" identified on the Site Plan. O. "Pharmacy" shall mean the pharmacy, with drive through service, to be located along the southern portion of the Grocery Store. P. "Retail Sales" shall mean "sales, general retail" as defined by the City's Zoning Ordinance in existence on the date of the Approval. Q. "Sanitary Lateral" shall mean the sanitary lateral identified on the Sanitary Lateral Plans. R. "Sanitary Lateral Plans" shall mean the plans that are attached hereto and incorporated herein by reference as Exhibit "G" S. "Site Plan" shall mean the site plan attached hereto and incorporated herein by reference as Exhibit "H T. "Wall" shall mean the wall illustrated on what is attached hereto and incorporated herein by reference as Exhibit "I Section 3. Commitment Concerning Use. Only the following uses, individually or in any combination, are permitted uses upon the Real Estate. A. Clinic or Medical Health Center; B. General Office; C. Professional Office; D. School, Trade or Business; E. Day Nursery /Day Care; F. Kindergarten/Preschool; G. Retail Sales (including, without limitation, grocery store and pharmacy with or without drive -thru service); H. General Service; I. Automobile Fuel Station; J. Automobile /Truck Repair (indoor); K. Car Wash; L. Dry Cleaning Establishment (with or without on -site plant); M. Financial Institution; N. Automated Teller Machine (ATM); O. Veterinary Hospital (with or without indoor commercial kennel); P. Art gallery; Q. Restaurant (with or without drive thru service); R. Printing /Publishing Establishment; S. Accessory Outdoor Sales in area designated on the Site Plan; and T. All uses accessory to the foregoing permitted uses. Section 4. Commitment Concerning Trash Pick -Up. Trash pick -up shall not occur between the hours of 7:00 p.m. and 8:00 a.m. Section 5. Commitment Concerning Deliveries. Delivery of food, inventory and goods by Delivery Trucks shall not be permitted between the hours of 9:00 p.m. and 7:00 a.m. A. Delivery Trucks shall neither enter the Property after 9:00 p.m. nor exit the Property before 7:00 a.m. 2 B. Between 9:00 p.m. and 7:00 a.m. the parking of Delivery Trucks or trailers shall not be permitted in areas of the Property other than the Loading Docks. C. Delivery Trucks shall not idle on the Property between 9:00 p.m. and 7:00 a.m. D. Refrigeration units inside tractor trailers shall not run between 9:00 p.m. and 7:00 a.m. Section 6. Commitment Concerning Buffering. Landscape buffering, including the Mound and Wall, shall be installed per the Buffer Drawing and Landscape Plans. A. As graphically illustrated by a red line on the Buffer Drawing, a Mound and Wall shall be installed along the entire eastern property line of the Property to a point adjacent to the mature evergreen trees located on the northeast corner of the east property line, at which point the Wall and Mound shall turn west and then north to preserve these mature evergreen trees. Except for where the Mound and Wall come to this point adjacent to the mature evergreen trees and then turn west and continue north until they connect to the Mound on the north side, the Mound and Wall along the south and east boundary lines of the Property together shall have a collective height of approximately 18 feet above the FFE of 906.90 feet. The Mound and Wall along the north boundary line of the Property together shall have a collective elevation of approximately 919.50 feet. B. The Wall to be installed by Kroger shall be 10 feet in height. C. The installation of this Mound and Wall shall be completed prior to a Certificate of Occupancy being granted for any building constructed upon the Real Estate. Each owner shall be responsible for the maintenance of that segment of Mound and Wall system existing on the portion of the Property owned by such owner. D. In connection with the construction of the Mound, Wall and the development of the Property, nothing shall be done to impair the pre development drainage of this Property. E. The Mound shall consist of clean fill dirt, which shall be compacted, in accordance with generally accepted engineering and construction standards, to 95% compaction of Standard Proctor and shall be seeded and or covered with appropriate ground cover to prevent erosion. F All evergreen trees planted per the Landscape Plan shall be a minimum height of 8 feet when planted. If an evergreen tree dies, it shall be replaced with an evergreen tree that, at planting, is the lesser of (i) the height of the replaced tree or (ii) 12 feet in height. G. The plant materials within the buffers adjacent to and contiguous with residential uses shall be placed strategically after consultation with (i) the owner of the Eastern Real Estate and (ii) the owner(s) of those townhomes and 5 residential lots which are contiguous with the southern boundary line of the Property and northern boundary line of the Property, respectively. H. In addition to the landscape planting illustrated on the Landscape Plan, Kroger shall, with consultation and cooperation of the 5 lot owners adjoining the eastern portion of the north Property line, install 18 evergreen trees in locations that fill gaps in the line of evergreen trees along said eastern portion of the north Property line. 3 Building set -backs and buffers shall not be reduced below those identified on the Site Plan, the Landscape Plan and any other final plans approved in connection with Approvals. Section 7. Miscellaneous Commitments. A. There shall be no light poles, located east of the western facade of the Grocery Store and B- Shops, on the east side, south side and north side of the Grocery Store and B Shops. B. All wall mounted lighting, per the Lighting Plans, shall be set no higher than 12 feet above finished grade. C. No outdoor live entertainment is permitted. D. The use of the Pharmacy drive -up /pick -up window shall limited to the hours of 7:00 a.m. to 9:00 p.m., the Pharmacy drive -up /pick -up window shall be screened between the hours of 9:00 p.m. and 7:00 a.m. and the Pharmacy shall not be replaced by a fast food restaurant with drive- through service. E. The use of the B -Shops drive -up /pick -up windows shall be limited to the hours of 7:00 a.m. to 12:00 midnight. F The drive -up /pick -up windows on the B Shops shall be limited to dry cleaners, pizza parlors, sub shops, financial institutions, coffee shops, or similar uses, but shall not be used for any fast food restaurants, such as but not limited to a McDonalds, Wendy's, Burger King, Taco -Bell, or Hardees. G. All sound from intercom communication systems, utilized for drive -up /pick -up windows for the Pharmacy, B -Shops and the Outlots, shall be limited such that they are below the level detectable by a human being at a point more than 100 feet from the drive -up /pick -up windows. H. The intercom communication system and the outdoor speaker system used in connection with the Fuel Center shall be limited such that they are below the level detectable by a human being at a point more than 100 feet from the perimeter of the Fuel Center. L All roof -top equipment shall be screened by a parapet wall that is greater in height than the roof -top equipment. Additionally, the height of any equipment emitting any food odors shall be 2 feet below the height of the parapet walls. J. The east elevations of the Grocery Store shall not exceed approximately 29 feet 4 inches in height, when measured from the FFE to the top of the parapet wall; provided, however, that, as illustrated by the Elevations, the parapet walls at the corners shall be allowed to be approximately 32 feet in height. The two entrances on the west elevation of the Grocery Store shall not exceed approximately 38 feet in height when measured from the FFE, and the entry elements on the west elevation of the B -Shops shall not exceed approximately 32 feet in height above the FFE. K. The curbing and asphalt shall not be any closer to the north, east and south Property lines than as shown on the Site Plan and the final plans approved in connection with the Approval. L. No outside storage shall be permitted on the Property; provided, however, that outdoor sales are allowed in the "Outdoor Sales Area 4 M. A sidewalk providing a direct connection between the Property and townhome development to the south of the Property shall not be provided unless required by the City's Department of Community Services. N. Vehicular access to the real estate to the south of the Property shall be of an engineering design meeting the design standards of the City. O. The sidewalk contiguous with the Property and adjacent to Michigan Road shall be intact, open for use and free of construction debris at all times other than when the segment of the east side of Michigan Road, which is contiguous with the Property, is under construction. P. In order to provide rodent and insect control for the dumpsters shown on the Site Plan on the east side of the B- Shops, the owner(s) the B -Shops shall contract with a third party which is in the business of insect and rodent control. Q. The back -up electric power generator for the Grocery Store shall be used only in emergency situations and /or when the local electric power service is unavailable. Section 8. Commitment concerning the extension of the requirements of the US 421/Michigan Road Overlay. The requirements of the Carmel Zoning Ordinance, Chapter 23 C (Autumn 2007), in existence on the date of the Approval, shall apply and be extended to the entirety of the Real Estate, both within and outside of the defined 400 feet overlay, subject only to the following: A. The Pharmacy drive -up /pick -up and the B -Shops drive -up /pick -up shall be permitted as illustrated on the final plans approved as part of the Approvals. B. Retail Sales shall be permitted; provided, however, that retail sales shall not occupy more than 98,000 square feet of floor area on the Property. Section 9. Commitment Concerning Sanitary Sewer. Kroger shall provide on the Property a sanitary sewer easement allowing the 5 contiguous lots to the north, in the Woodhaven residential subdivision, to connect to the sanitary sewer main to be located on the Property. Kroger shall extend a Sanitary Lateral, per the Sanitary Lateral Plans, subject (i) to final approval of the Sanitary Lateral by the Clay Township Regional Waste District and (ii) to the contribution by one or more of the owners in the Woodhaven residential subdivision of the easement necessary to install the Sanitary Lateral. Section 10. Recording of Commitments. The undersigned shall record these Commitments with the Recorder of Hamilton County, Indiana. Section 11. Enforcement and Effective Date. These Commitments may be enforced by the City. These Commitments shall not be effective or enforceable until the commencement of the construction and development of the Real Estate in accordance with the Approval. Section 12. Binding on Successors. These Commitments are binding upon each owner of the Property with respect to the portion of the Property owned by such owner and during the time of such owner's ownership and (ii) upon each owner's successor, assign and grantee with respect to the portion of the Property owned by such successor, assign and grantee and during such successor's, assign's and grantee's ownership, unless modified or terminated by the Plan Commission after a public hearing wherein notice is provided by the rules of the Plan 5 Commission. The provisions of this Section 12 notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate hereafter reclassified "Rezone on the City's official Zone Map. IN WITNESS WHEREOF, Kroger and Z B have caused these Commitments to be executed as of the date identified on the Notary below. STATE OF INDIANA COUNTY OF Before me, the undersigned, Notary personally appeared the partner of the Kroger Limited Partnership I, Commitments and on behalf of such entity. Witness my hand and Notarial Seal this My Commission Expires: SS: SS: Witness my hand and Notarial Seal this My Commission Expires: Kroger Limited Partnership I, an Ohio limited partnership By KRGP, Inc., an Ohio corporation, general partner By: Public in and for the said County and State, of the KRGP, Inc., as general who acknowledged execution of the foregoing Notary Public 1031 Z B, LLC, an Indiana limited liability company By STATE OF INDIANA COUNTY OF Before me, the undersigned, Notary Public in and for the said County and State, personally appeared of 1031 Z B, LLC, who acknowledged execution of the foregoing Commitments and on behalf of such entity. Prepared by: Charles D. Frankenberger, Nelson Frankenberger, 3105 E. 98 Street, Suite 170, Indianapolis, IN 46280 (317) 844 -0106. 6 day of 2010. day of 2010. Notary Public Pursuant to IC 36- 2- 11- 15(b)(c), I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law Charles D. Frankenberger. H:\Becky\Zoning Real Estate Matters\ Kroger \Commitments \Commitments 030210.doc 7 EXHIBIT "A" Legal Description PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH, RANGE 3 EAST 1050.72 FEET NORTH 89 DEGREES 34 MINUTES 50 SECONDS WEST FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTH 00 DEGREES 09 MINUTES 33 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID QUARTER 814.81 FEET TO A POINT 1839.73 FEET (1837.04 FEET DEED) SOUTH 00 DEGREES 09 MINUTES 33 SECONDS WEST OF THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 34 MINUTES 49 SECONDS WEST PARALLEL WITH THE SOUTH LINE AFORESAID 753.62 FEET (754.46 FEET DEED); THENCE SOUTH 07 DEGREES 53 MINUTES 26 SECONDS WEST 11.60 FEET; THENCE SOUTH 72 DEGREES 06 MINUTES 26 SECONDS WEST 578.5 FEET TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER 421 PER INDOT PLANS PROJECT #STP -135- 2(008); THENCE SOUTH 15 DEGREES 21 MINUTES 16 SECONDS EAST ON AND ALONG SAID RIGHT OF WAY LINE 311.29 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 11 DEGREES 03 MINUTES 55 SECONDS EAST 131.60 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 15 DEGREES 21 MINUTES 16 SECONDS EAST 206.37 FEET TO THE SOUTH LINE OF SAID QUARTER; THENCE SOUTH 89 DEGREES 34 MINUTES 50 SECONDS EAST ON AND ALONG SAID SOUTH LINE 1146.02 FEET TO THE BEGINNING POINT, CONTAINING 22.022 ACRES, MORE OR LESS.