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HomeMy WebLinkAboutA030 - Acceptance of Public Art EasementsITEM #:33 DATE:05-27-25 DEPT:P&H SUBJECT:ACCEPTANCE OF PUBLIC ART EASEMENTS COUNCIL ACTION FORM BACKGROUND: Three Public Art Easements are being requested by the Public Art Commission (PAC) for placement of public art on private property. The locations include The Social West Ames (800 Pinon), Memorial Lutheran Church (2228 Lincoln Way), and the Ames Woman's Club (106 South Dakota). The easements will be located adjacent to CyRide shelters and will be partially or fully located on the private properties. Location maps of each proposed easement are attached. The art installations planned in relation to these easements are a part of the AMES project, which is a special PAC initiative that involves placement of a themed series of sculptures along the Red CyRide route. Other sculptures to be placed through this project can be accommodated on right-of-way rather than in easements on private property. The art to be placed has not yet been identified, but will be determined later this year through a special call for artists. Art installation can be approved as exception to setback standards when approved by the City Council as Public Art within a Public Art Easement. The intent of this exception is to promote the location of publicly visible art installations on private property, as a coordinated effort between the City of Ames Public Arts Commission and local businesses. Public Art is defined in 29.201(163a) as: "Any works of craft or art in any medium that the City of Ames Public Art Commission (PAC) has reviewed and which has been approved, and formally accepted by the City Council (or under the authority of the City Council as designated to the PAC) for temporary or permanent installation in public locations, in or on publicly owned buildings, on publicly owned land, or in or on other locations leased or provided to the City through donation, easement or other means." On February 4, 2025, the Public Art Commission reviewed and recommended pursuing the placement of artwork on the properties. The Easement documents have been finalized by City legal staff and are pending signatures of the applicants. They are attached for reference. In addition to the Public Art Commission and City Council review, Planning staff coordinated with the Public Works and Electric Departments to ensure the easement locations did not interfere with visibility at adjacent intersections or impact utilities. All parts of the artwork are required to be behind the vertical edge of the adjacent public sidewalks and no overhang is allowed. The artwork at 800 Pinon Drive is also limited to the height of the abutting CyRide shelter due to overhead electric lines (15 feet of clearance from 1 the lowest wire is required). ALTERNATIVES: 1. Approve the acceptance of “Public Art Easements”, contingent upon receipt of signed agreements, for the properties at: a. The Social West Ames - 800 Pinon Drive b. Memorial Lutheran Church - 2228 Lincoln Way c. The Ames Woman's Club - 106 South Dakota Avenue 2. Do not accept the “Public Art Easements" and direct PAC to develop alternative plans for this project. CITY MANAGER'S RECOMMENDED ACTION: Approval of the Public Art Easements will further the coordinated effort between the Public Arts Commission and local businesses to promote the location of publicly visible art installations on private property. The locations also promote interaction with CyRide users. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative 1. ATTACHMENT(S): Location Maps.pdf Final Public Art Easement The Social.pdf Final Public Art Easement Ames Womans Club.pdf Final Public Art Easement Memorial Lutheran.pdf 2 CO C O N I N O R D MORTENSEN RD DO T S O N D R PIN O N D R MORTENSEN RD PI N O N D R The Social West Ames - 800 Pinon Subject Property: Lot 1, Willow Creek Estates 4th Addition, 800 Pinon Drive Legend ROW Easement Area Potential Public Art Location Parcels Subject Property ¯ 0 0.04 0.070.02 Miles 10' 12 ' 186.8' to west property line 14 . 8 ' 3 LINCOLN WAY LY N N A V E MO R R I L L RD LINCOLN WAY Memorial Lutheran Church - 2228 Lincoln Way Subject Property: North 209.3' of Lot 23, Parker's Addition, Except Railroad, 2228 Lincoln Way Legend ROW Easement Area Potential Public Art Location Parcels Subject Property ¯ 0 0.01 0.030.01 Miles 8.75' 8. 6 ' 12' 4 TODD DR SO U T H D A K O T A A V E TO D D C I R RA P H A E L A V E LINCOLN SW I N G Ames Woman's Club - 106 South Dakota Subject Property: Kenfield Acres Subdivision Lots 1 & 2, 106 South Dakota Legend ROW Easement Area Potential Public Art Location Parcels Subject Property RO W ¯ 0 0.03 0.050.01 Miles RO W 3' 12' 50' 5 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: V i c t o r i a A . F e i l m e y e r , City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010; (515) 239-5146 Return document to: Ames City Clerk, 515 Clark Ave., Ames, IA 50010 Legal Description: See page 5. PUBLIC ART EASEMENT This Easement Agreement, made effective on ,2025 (month/date/year), is between F P A 6 U n i v e r s i t y W e s t , L L C (property owner), as Grantor, and the City of Ames, Iowa, as Grantee. RECITALS WHEREAS, the City has adopted a program for the placement of art in and on public and private locations throughout the City of Ames; and WHEREAS, Grantor owns the real property located in Ames, Iowa, locally known as 800 Pinon Drive, Ames, Iowa, and is willing to make the property available to the City for placement of Public Art, as defined by Chapter 29 of the Ames Municipal Code, for public viewing upon a portion of the property identified on Exhibit ‘A’ attached (hereinafter the “Easement Area); and WHEREAS, the City’s Public Art Commission has recommended to the City Council the installation of certain Artwork upon the real property, which has been accepted and approved by the City Council; and IN CONSIDERATION of the mutual promises and performances set forth below, the parties agree as follows: 1. EASEMENT GRANT AND PURPOSE. Grantor grants to the City, its successors and assigns, a nonexclusive Easement over, under, and across the Easement Area described in Exhibit ‘A’ for the purpose of placing, installing, maintaining, operating, and exhibiting the Public Art for public viewing, including any structure, footing or pad thereon required (hereinafter referred to as the “Artwork Base”), together with a right of reasonable ingress and egress to the Easement Area. Any artwork placed 6 2 within the Easement Area must be approved and formally accepted by the City Council (or be under the authority of the City Council as delegated to the Public Art Commission), whether publicly or privately owned. 2. TERM OF EASEMENT. The Easement shall be perpetual unless or until terminated as provided herein. 3. MAINTENANCE. The maintenance responsibilities of the parties shall be allocated in the following manner: a. The City shall be responsible for maintenance of Public Art owned or leased by the City during the term of the Easement. b. The City shall be responsible for maintenance of the Artwork Base during the term of the Easement. c. The Grantor shall be responsible for maintenance of Public Art owned or leased by the Grantor during the term of the Easement. d. The Grantor shall be responsible for landscaping, and landscaping maintenance, such as mowing and weed control, within the Easement Area. 4. TERMINATION. The Easement granted herein may be terminated as follows: a. The City may terminate the Easement at any time at its sole discretion upon 30 days written notice to Grantor. b. Subject to approval by the City Council, the Easement may be vacated and terminated upon the Grantor’s written request for any of the following reasons: i. Grantor intends to convey the real property, or an interest in the real property to a buyer or mortgage lender, and said buyer or mortgage lender requires the termination of the Easement as a condition of sale or refinance. ii. Grantor intends to substantially remodel or alter the real property in a manner that precludes continued maintenance of the Public Art. iii. Grantor’s reasonable use and enjoyment of the real property is diminished due to circumstances not known to the parties at the time this Easement was granted. 5. REMOVAL OF PUBLIC ART. The City shall remove the Public Art and Artwork Base, if any, within 180 days from the termination of the Easement. Artwork not owned or leased by the City shall be returned to its owner. The Grantor shall allow the City reasonable ingress and egress to the Public Art and Artwork Base to allow removal. At any time during the term of this Easement, the City may remove the Public Art and Artwork Base from the real property if, in the sole judgment of the City, the Public Art is being excessively damaged or defaced. Restoration of any vegetation or landscaping shall be the sole responsibility of the Grantor. 7 3 6. RIGHT OF INGRESS AND EGRESS. During the term of the Easement and the removal period set forth in paragraph 5 above, the City shall have an unrestricted right of ingress and egress over and through the real property to the Easement Area for installing, maintaining, operating, removing, and exhibiting of the Public Art and Artwork Base. 7. SUCCESSORS BOUND/ASSIGNMENT. This Easement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. Grantor shall not assign this agreement, or any of the obligations created hereunder, without the prior written consent of the City. 8. SEVERABILITY. If any part of this Easement shall be adjudged invalid or unenforceable, such adjudication shall not affect the validity or enforceability of this Easement as a whole or any part thereof not adjudged invalid or unenforceable. 9. NO WAIVER. No waiver of full performance shall be construed or operate as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of this agreement. 10. TITLE WARRANTY. Grantor warrants to the City that Grantor holds the Easement Area by title in fee simple; that Grantor has good and lawful authority to grant the Easement rights herein provided. 11. INDEMNIFICATION. The Grantor does hereby agree to defend, hold harmless and indemnify the City, its successors and assigns, from any claim of liability or any other claim related to the Public Art or Artwork Base, or arising out of the use of the Easement described herein. 12. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior statements, representations, promises and agreements, oral or written. No addition to or change in the terms of this agreement shall be binding upon the parties unless it is expressed in a writing signed by the parties. 13. INTERPRETATION. Words and phrases used in this Easement shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this agreement are for convenience only and in no way define or limit the scope or intent of any provisions of this agreement. 8 4 GRANTOR: By: SIGNATURE NAME PRINTED TITLE OF AUTHORIZED SIGNER STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on , 20 , by , (name) as (title) of (entity). NOTARY PUBLIC CITY OF AMES, IOWA By: Attest:: John A. Haila, Mayor Renee Hall, City Clerk STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on , 20 , by John A. Haila and Renee Hall, as Mayor and City Clerk of the City of Ames, Iowa. NOTARY PUBLIC 9 LEGAL DESCRIPTION – EXHIBIT ‘A’ (Easement Area) A 10-foot by 12-foot area immediately adjacent to and east of the CyRide Bus Stop at 800 Pinon Drive, Ames, Iowa, more particularly described as commencing at the southwest corner of Lot 1, Willow Creek Estates 4th Addition, Ames, Iowa, thence east 186.8’ along the south line of said Lot 1, said line also being the north right-of-way line of Mortensen Road, thence N 0000’00” E 14.8’ to the point of beginning, thence continuing N 0000’00” E 12 feet, thence S 9000’00” E 10 feet, S 0000’00” W 12’, thence S 9000’00” W 10 feet to the point of beginning. 10 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: V i c t o r i a A . F e i l m e y e r , City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010; (515) 239-5146 Return document to: Ames City Clerk, 515 Clark Ave., Ames, IA 50010 Legal Description: See page 5. PUBLIC ART EASEMENT This Easement Agreement, made effective on ,2025 (month/date/year), is between t h e A m e s W o m a n ’s C l u b (property owner), as Grantor, and the City of Ames, Iowa, as Grantee. RECITALS WHEREAS, the City has adopted a program for the placement of art in and on public and private locations throughout the City of Ames; and WHEREAS, Grantor owns the real property located in Ames, Iowa, locally known as 106 South Dakota Avenue, Ames, Iowa, and is willing to make the property available to the City for placement of Public Art, as defined by Chapter 29 of the Ames Municipal Code, for public viewing upon a portion of the property identified on Exhibit ‘A’ attached (hereinafter the “Easement Area); and WHEREAS, the City’s Public Art Commission has recommended to the City Council the installation of certain Artwork upon the real property, which has been accepted and approved by the City Council; and IN CONSIDERATION of the mutual promises and performances set forth below, the parties agree as follows: 1. EASEMENT GRANT AND PURPOSE. Grantor grants to the City, its successors and assigns, a nonexclusive Easement over, under, and across the Easement Area described in Exhibit ‘A’ for the purpose of placing, installing, maintaining, operating, and exhibiting the Public Art for public viewing, including any structure, footing or pad thereon required (hereinafter referred to as the “Artwork Base”), together with a right of reasonable ingress and egress to the Easement Area. Any artwork placed 11 2 within the Easement Area must be approved and formally accepted by the City Council (or be under the authority of the City Council as delegated to the Public Art Commission), whether publicly or privately owned. 2. TERM OF EASEMENT. The Easement shall be perpetual unless or until terminated as provided herein. 3. MAINTENANCE. The maintenance responsibilities of the parties shall be allocated in the following manner: a. The City shall be responsible for maintenance of Public Art owned or leased by the City during the term of the Easement. b. The City shall be responsible for maintenance of the Artwork Base during the term of the Easement. c. The Grantor shall be responsible for maintenance of Public Art owned or leased by the Grantor during the term of the Easement. d. The Grantor shall be responsible for landscaping, and landscaping maintenance, such as mowing and weed control, within the Easement Area. 4. TERMINATION. The Easement granted herein may be terminated as follows: a. The City may terminate the Easement at any time at its sole discretion upon 30 days written notice to Grantor. b. Subject to approval by the City Council, the Easement may be vacated and terminated upon the Grantor’s written request for any of the following reasons: i. Grantor intends to convey the real property, or an interest in the real property to a buyer or mortgage lender, and said buyer or mortgage lender requires the termination of the Easement as a condition of sale or refinance. ii. Grantor intends to substantially remodel or alter the real property in a manner that precludes continued maintenance of the Public Art. iii. Grantor’s reasonable use and enjoyment of the real property is diminished due to circumstances not known to the parties at the time this Easement was granted. 5. REMOVAL OF PUBLIC ART. The City shall remove the Public Art and Artwork Base, if any, within 180 days from the termination of the Easement. Artwork not owned or leased by the City shall be returned to its owner. The Grantor shall allow the City reasonable ingress and egress to the Public Art and Artwork Base to allow removal. At any time during the term of this Easement, the City may remove the Public Art and Artwork Base from the real property if, in the sole judgment of the City, the Public Art is being excessively damaged or defaced. Restoration of any vegetation or landscaping shall be the sole responsibility of the Grantor. 12 3 6. RIGHT OF INGRESS AND EGRESS. During the term of the Easement and the removal period set forth in paragraph 5 above, the City shall have an unrestricted right of ingress and egress over and through the real property to the Easement Area for installing, maintaining, operating, removing, and exhibiting of the Public Art and Artwork Base. 7. SUCCESSORS BOUND/ASSIGNMENT. This Easement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. Grantor shall not assign this agreement, or any of the obligations created hereunder, without the prior written consent of the City. 8. SEVERABILITY. If any part of this Easement shall be adjudged invalid or unenforceable, such adjudication shall not affect the validity or enforceability of this Easement as a whole or any part thereof not adjudged invalid or unenforceable. 9. NO WAIVER. No waiver of full performance shall be construed or operate as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of this agreement. 10. TITLE WARRANTY. Grantor warrants to the City that Grantor holds the Easement Area by title in fee simple; that Grantor has good and lawful authority to grant the Easement rights herein provided. 11. INDEMNIFICATION. The Grantor does hereby agree to defend, hold harmless and indemnify the City, its successors and assigns, from any claim of liability or any other claim related to the Public Art or Artwork Base, or arising out of the use of the Easement described herein. 12. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior statements, representations, promises and agreements, oral or written. No addition to or change in the terms of this agreement shall be binding upon the parties unless it is expressed in a writing signed by the parties. 13. INTERPRETATION. Words and phrases used in this Easement shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this agreement are for convenience only and in no way define or limit the scope or intent of any provisions of this agreement. 13 4 GRANTOR: By: SIGNATURE Janice Reutter NAME PRINTED Vice President, Ames Woman's Club TITLE OF AUTHORIZED SIGNER STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on , 20 , by , (name) as (title) of (entity). NOTARY PUBLIC CITY OF AMES, IOWA By: Attest:: John A. Haila, Mayor Renee Hall, City Clerk STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on , 20 , by John A. Haila and Renee Hall, as Mayor and City Clerk of the City of Ames, Iowa. NOTARY PUBLIC 14 LEGAL DESCRIPTION – EXHIBIT ‘A’ (Easement Area) A 3-foot by 12-foot area immediately adjacent to and south of the CyRide Bus Stop at 106 South Dakota Avenue, Ames, Iowa, more particularly described as commencing at the southwest corner of Lot 1 of the Kenfield Acres Subdivision, Ames, Iowa, thence east 37 feet along the south line of said Lot 1 to a point on the east right-of-way line of South Dakota Avenue, thence north 50’ along said right-of-way line to the point of beginning, thence north 12 feet along said right-of- way line, thence S 9000’00” E 3 feet, thence S 0000’00” W 12 feet, thence N 9000’00” W 3 feet to the point of beginning. 15 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: V i c t o r i a A . F e i l m e y e r , City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010; (515) 239-5146 Return document to: Ames City Clerk, 515 Clark Ave., Ames, IA 50010 Legal Description: See page 5. PUBLIC ART EASEMENT This Easement Agreement, made effective on ,2025 (month/date/year), is between M e m o r i a l L u t h e r a n C h u r c h a n d S t u d e n t C e n t e r a t I o w a S t a t e U n i v e r s i t y , A m e s , I o w a (property owner), as Grantor, and the City of Ames, Iowa, as Grantee. RECITALS WHEREAS, the City has adopted a program for the placement of art in and on public and private locations throughout the City of Ames; and WHEREAS, Grantor owns the real property located in Ames, Iowa, locally known as 2228 Lincoln Way, Ames, Iowa, and is willing to make the property available to the City for placement of Public Art, as defined by Chapter 29 of the Ames Municipal Code, for public viewing upon a portion of the property identified on Exhibit ‘A’ attached (hereinafter the “Easement Area); and WHEREAS, the City’s Public Art Commission has recommended to the City Council the installation of certain Artwork upon the real property, which has been accepted and approved by the City Council; and IN CONSIDERATION of the mutual promises and performances set forth below, the parties agree as follows: 1. EASEMENT GRANT AND PURPOSE. Grantor grants to the City, its successors and assigns, a nonexclusive Easement over, under, and across the Easement Area described in Exhibit ‘A’ for the purpose of placing, installing, maintaining, operating, and exhibiting the Public Art for public viewing, including any structure, footing or pad thereon required (hereinafter referred to as the “Artwork Base”), together with a right of reasonable ingress and egress to the Easement Area. Any artwork placed 16 2 within the Easement Area must be approved and formally accepted by the City Council (or be under the authority of the City Council as delegated to the Public Art Commission), whether publicly or privately owned. 2. TERM OF EASEMENT. The Easement shall be perpetual unless or until terminated as provided herein. 3. MAINTENANCE. The maintenance responsibilities of the parties shall be allocated in the following manner: a. The City shall be responsible for maintenance of Public Art owned or leased by the City during the term of the Easement. b. The City shall be responsible for maintenance of the Artwork Base during the term of the Easement. c. The Grantor shall be responsible for maintenance of Public Art owned or leased by the Grantor during the term of the Easement. d. The Grantor shall be responsible for landscaping, and landscaping maintenance, such as mowing and weed control, within the Easement Area. 4. TERMINATION. The Easement granted herein may be terminated as follows: a. The City may terminate the Easement at any time at its sole discretion upon 30 days written notice to Grantor. b. Subject to approval by the City Council, the Easement may be vacated and terminated upon the Grantor’s written request for any of the following reasons: i. Grantor intends to convey the real property, or an interest in the real property to a buyer or mortgage lender, and said buyer or mortgage lender requires the termination of the Easement as a condition of sale or refinance. ii. Grantor intends to substantially remodel or alter the real property in a manner that precludes continued maintenance of the Public Art. iii. Grantor’s reasonable use and enjoyment of the real property is diminished due to circumstances not known to the parties at the time this Easement was granted. 5. REMOVAL OF PUBLIC ART. The City shall remove the Public Art and Artwork Base, if any, within 180 days from the termination of the Easement. Artwork not owned or leased by the City shall be returned to its owner. The Grantor shall allow the City reasonable ingress and egress to the Public Art and Artwork Base to allow removal. At any time during the term of this Easement, the City may remove the Public Art and Artwork Base from the real property if, in the sole judgment of the City, the Public Art is being excessively damaged or defaced. Restoration of any vegetation or landscaping shall be the sole responsibility of the Grantor. 17 3 6. RIGHT OF INGRESS AND EGRESS. During the term of the Easement and the removal period set forth in paragraph 5 above, the City shall have an unrestricted right of ingress and egress over and through the real property to the Easement Area for installing, maintaining, operating, removing, and exhibiting of the Public Art and Artwork Base. 7. SUCCESSORS BOUND/ASSIGNMENT. This Easement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. Grantor shall not assign this agreement, or any of the obligations created hereunder, without the prior written consent of the City. 8. SEVERABILITY. If any part of this Easement shall be adjudged invalid or unenforceable, such adjudication shall not affect the validity or enforceability of this Easement as a whole or any part thereof not adjudged invalid or unenforceable. 9. NO WAIVER. No waiver of full performance shall be construed or operate as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of this agreement. 10. TITLE WARRANTY. Grantor warrants to the City that Grantor holds the Easement Area by title in fee simple; that Grantor has good and lawful authority to grant the Easement rights herein provided. 11. INDEMNIFICATION. The Grantor does hereby agree to defend, hold harmless and indemnify the City, its successors and assigns, from any claim of liability or any other claim related to the Public Art or Artwork Base, or arising out of the use of the Easement described herein. 12. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior statements, representations, promises and agreements, oral or written. No addition to or change in the terms of this agreement shall be binding upon the parties unless it is expressed in a writing signed by the parties. 13. INTERPRETATION. Words and phrases used in this Easement shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this agreement are for convenience only and in no way define or limit the scope or intent of any provisions of this agreement. 18 4 GRANTOR: By: SIGNATURE NAME PRINTED TITLE OF AUTHORIZED SIGNER STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on , 20 , by , (name) as (title) of (entity). NOTARY PUBLIC CITY OF AMES, IOWA By: Attest:: John A. Haila, Mayor Renee Hall, City Clerk STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on , 20 , by John A. Haila and Renee Hall, as Mayor and City Clerk of the City of Ames, Iowa. NOTARY PUBLIC 19 LEGAL DESCRIPTION – EXHIBIT ‘A’ (Easement Area) An 8.6-foot by 12-foot area immediately adjacent to and east of the CyRide Bus Stop at 2228 Lincoln Way, Ames, Iowa, more particularly described as commencing at the northeast corner of the North 209.3 feet of Lot 23, Parker’s Addition Subdivision, Ames, Iowa, except former railroad right-of-way, thence west 8.75 feet along the north line of said lot, also being the south Lincoln Way right-of-way line, to the point of beginning, thence S 0000’00” W 8.6 feet, thence N 9000’00” W 12 feet, thence N 0000’00” E 8.6 feet, thence 12 feet east along said north line of said Lot 23, also being the south Lincoln Way right-of-way line, to the point of beginning. 20