Okaloosa County BOCC — November 4, 2014 — Restrictive Use Easement

(Leave blank for required recording information) DEED OF EASEMENT THIS DEED OF EASEMENT is made this ____ day of ___________, 2014, by the Okaloosa County Board of County Commissioners, a political subdivision of the State of Florida, 1804 Lewis Turner Blvd, Suite 100, Fort Walton Beach, Florida 32547, the “Grantor," and The United States of America (the "Grantee"). When used in this Easement, unless the context otherwise specifies, “Grantor” includes the heirs, personal representatives, successors and assigns), and “Grantee” includes the assigns of The United States of America and the successors of the Secretary of the Air Force. The Grantor and the Grantee may be collectively referred to as “Parties,” or each may be referred to as a “Party.” WITNESSETH In consideration of One Million One Hundred Thousand AND NO/100 DOLLARS ($1,100,000.00), the receipt thereof, and the mutual covenants, terms, and conditions contained in this Easement, the Grantor hereby grants and conveys to the Grantee a restrictive use easement in perpetuity (this “Easement”) on and over the land described in Exhibit A, hereafter known as the Shoal River Military Installation Buffering Project (the “Property”), on terms and conditions as set forth in this Easement. The acquiring Federal agency is the Department of Defense, United States Air Force pursuant to 10 U.S.C. § 2684a. The Grantor will own the Property in fee simple title and the Grantee will have its easement interest in the Property as set forth in this Restrictive Use Easement. 1. Purpose. It is the purpose of this Easement to limit any development or use of the Property that would otherwise be incompatible with the mission of Eglin AFB, Florida (the “Installation”), or might interfere, whether directly or indirectly, with current or future military training, testing, or operations on or near the Installation.  2. Rights of the Grantee. To accomplish the purpose of this Easement, the Grantor conveys the following rights to the Grantee(s): a. To limit any development or use of the Property that would otherwise be incompatible with the mission of the Installation; provided the exercise of such right does not prohibit the restoration, preservation or protection of a wetland, stream or habitat conservation area for purposes of mitigation banking or conservation activities (including the granting of wetland mitigation credits, conservation easements, and related activities) and the location or relocation of access roads, utilities (overhead and underground) and related facilities. b. To enter upon the Property at reasonable times in order to monitor compliance with, and enforce the terms of this Easement; provided, the entry shall be made after giving reasonable notice to the Grantor as each circumstance may permit, and the Grantee shall not unreasonably interfere with use and quiet enjoyment of the Grantor of the Property; and c. To prevent any activity on, or use of, the Property inconsistent with the purpose of this Easement, and to require the restoration of areas or features of the Property which may be damaged by any inconsistent activity or use, pursuant to Sections 3 and 4 below. 3. Prohibited Uses. The Grantor is prohibited from any activity or use of the Property inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: a. Subdivision of the Property, residential development at greater density than current residential use, and general commercial activities; provided this does not prohibit passive recreational uses, continuation of existing activities, and agricultural uses, including production and management of livestock, crops, trees, and other vegetation, as well as aquiculture (including the related activities of tillage, fertilization, pest control, and harvesting as well as the feeding, housing, training and maintenance of animals such as cows, sheep, goats, hogs, horses, and poultry.) b. No structure or tree may exceed 80 feet above ground level other than overhead electric power transmission lines and poles pursuant to previously granted utility easement or future utility easement to accommodate additional or relocated facilities. c. No lighting shall be permitted that may be dangerous, distracting, or misleading to aircraft operating from the Installation. This type of lighting includes, but is not limited to, strobe lights, non-emergency vehicle rotating beacons, or light sources above 16,000 lumens. Light sources above 16,000 lumens must be angled 15 degrees below the horizon. 2  d. No operations of any type shall be permitted that produce smoke, glare, or other visual hazards, or that encourage large concentrations of birds that may be dangerous for aircraft operating from the Installation, unless approved in writing by Grantee. e. Notwithstanding the prohibitions in this section, the Parties recognize and agree certain third parties reserved mineral rights, utility easements, and other interests in the Property prior to Grantor’s acquisition and such interests will not be limited by this Deed. However, Grantor shall use its best efforts to abate or mitigate any potential interference or adverse effect the exercise of rights afforded by such interests may cause to the mission of the Installation. 4. Enforcement and Remedies. Upon any breach of a term of this Easement, the Grantee may institute suit to enjoin any breach or enforce any term by injunction and require the Property be restored promptly to the condition required by this Easement. The remedies of the Grantor shall be cumulative, and shall include any other rights and remedies available to the Grantee at law or in equity. 5. Discretion of the Grantee. Enforcement of the terms of this Easement shall be undertaken at the discretion of the Grantee. No failure on the part of the Grantee to enforce any term of this Deed on one occasion shall discharge or invalidate that term or any other term of this Deed, or affect the enforcement right of the Grantee in the event of a subsequent breach or default. 6. Notices. Any notice, approval, or communication that either Party is required or desires to give related to this Easement must be given in writing and may be served personally, including by recognized courier service, or sent by certified mail, return receipt requested, by the U.S. Postal Service, to: Grantor: _____________________________ _____________________________ _____________________________ Department of the Air Force: _____________________________ _____________________________ _____________________________ Or to any other address a Party may designate by written notice to the other Party. 3  7. Grantor’s Rights. Grantor retains all rights to use the Property without limitation, as well as the right to enter upon the easement area and to use it in any manner not inconsistent with the rights granted hereunder to the Grantee or those Grantor is restricted from exercising as provided in Section 3 hereof. Grantor shall pay any and all ad valorem taxes that may be due or become due on the Property. 8. Subsequent Transfers. The Grantor further agrees to give written notice, by the means specified in Section 6, to the Grantee) of the transfer or assignment of any interest in the Property at least twenty (20) days prior to it. The Grantor agrees to make any such transfer or assignment subject to the terms of this Easement. 9. Severability. If any provision of this Easement, or its application to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of the invalid provision to persons or circumstances other than those in favor of which it is found to be invalid, as the case may be, shall not be affected. 10. Runs with the Land. The covenants, terms, conditions, and restrictions of this Easement shall be deemed to touch and concern, and run with, the land; provided that, in the event the Grantee no longer owns the property comprising the Installation, or the mission of the Installation changes such that Grantor acknowledges this restrictive use easement is no longer required to avoid interference, whether directly or indirectly, with current or future military training, testing, or operations on or near the Installation, then this Deed of Easement shall be terminated in writing by the Parties and be of no further force and effect. 11. Rights of Third Parties. This Easement is being made subject to existing utility and other public and private easements, and rights, restrictions, covenants, and conditions affecting or pertaining to the Property. If Grantor grants any other easements to third parties, it will notify the Grantee and require such third party grantees to coordinate their use of the property with the Grantee. 12. Entire Agreement. This Easement sets forth the entire agreement of the Parties for the conveyance of a restrictive use easement on the Property, and supersedes all prior discussions, negotiations, understandings, or agreements, oral or written, relating to this Easement, all of which are merged into this Deed of Easement. IN WITNESS WHEREOF, the Grantor has affixed its signature the day and year written above. (SIGNATURES ON NEXT PAGES) 4  GRANTOR OKALOOSA COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By:___________________________________ Charles K. Windes, Jr., Chairman ATTEST: ___________________________________ J D Peacock, II Clerk Ad Interim APPROVED AS TO FORM: ___________________________________ Gregory Stewart, Esq. County Attorney. Date Executed: 5 This Easement is hereby accepted as Grantee. THE UNITED STATES OF AMERICA By the Secretary of the Air Force By: ____________________________________________ Print Name: ___________________________________ Title: _________________________________________ ACKNOWLEDGEMENT COMMONWEALTH OF VIRGINIA ) ) SS: COUNTY OF ARLINGTON ) On the _____day of___________, 20__, before_____________________________ the Undersigned Notary Public, personally appeared ________________________________, personally known to me to be the person whose name is subscribed to the foregoing Instrument, and personally known to me to be the Deputy Assistant Secretary of the Air Force (Installations), and acknowledged that he executed the same as the act and deed of the Secretary of the Air Force for the purposes and consideration cited therein. __________________________________ Notary Public, Commonwealth of Virginia ___________________________________ Printed Name Commission Expiration Date: ___________ 6  Exhibit A Legal Description Parcel 1 Beginning at the Southeast corner of Section 35, Township 3 North, Range 23 West, Okaloosa County, Florida; thence N88⁰44'28"W 2655.33 feet along the South line of said Section 35; thence departing said South Section line N02⁰35'48"E 2070.26 feet; thence S89⁰14'19"E 2634.80 feet to a point on the East line of said Section 35; thence along said East Section line S02⁰01'03"W 2092.76 feet to the Point of Beginning. The East 100 feet of said parcel is not to be included in any Restricted Use Easements. Contains 121.56 Acres, More or Less. Parcel 2 Beginning at the Northeast corner of Section 2, Township 2 North, Range 23 West, Okaloosa County, Florida; thence S02⁰56'15"E 1561.51 feet along the East line of said Section 2 ; thence continue S02⁰56'15"E 100.00 feet more or less to a point on the centerline of Titi Creek; thence departing said Section line meander Westerly along said centerline 2144 feet more or less; thence departing said centerline N02⁰56'15"W 100.00 feet more or less; thence continue N02⁰56'15"W 1336.48 feet to a point on the North line of said Section 2; thence S89°21'32"E along said North Section line 1343.40 feet to the Point of Beginning. The East 100 feet of said parcel is not included in any Restricted Use Easements. Contains 38.61 Acres, More or Less. Parcel 3 Beginning at the Southwest corner of Section 35, Township 3 North, Range 23 West, Okaloosa County, Florida; thence N00⁰49'01"W 829.18 feet along the West line of said Section 35; thence departing said West Section line S88⁰48'35"E 867.00 feet; thence N00⁰49'01"W 483.81 feet; thence S88⁰48'35"E 476.94 feet; thence S00⁰05'59"E 1315.20 feet to a point on the South line of said Section 35; thence along said South Section line N88⁰41'38"W 1327.57 feet to the Point of Beginning. Contains 30.64 Acres, More or Less. Parcel 4 Beginning at the Northwest corner of Section 2, Township 2 North, Range 23 West, Okaloosa County, Florida; thence S88⁰41'38"E 1327.57 feet along the North line of said Section 2 ; thence departing said North Section line S03⁰15'14"E 1052.54 feet; thence continue S03⁰15'14"E 100.00 feet more or less to a point on the centerline of Titi Creek; thence meander Westerly along said centerline 1909. feet, more or less to a point on the West line of said Section 2 that is S03⁰15'14"E of the Point of Beginning; thence departing said centerline and along said West Section line N03⁰15"14"W 100.00 feet more or less; thence continue N03⁰15"14"W 1095.18 feet to the Point of Beginning. Contains 32.96 Acres, More or Less. Parcel 5 Beginning at the Northeast corner of Section 3, Township 2 North, Range 23 West, Okaloosa County, Florida; thence S03⁰15'14"E 1095.18 feet along the East line of said Section 3; thence continue S03⁰15'14"E 100.00 feet ± to a point on the centerline of Titi Creek; thence departing said East Section line and meandering Westerly along said centerline 4268.37 feet ± to a point of intersection with the centerline of Shoal River; thence departing the centerline of Titi Creek and meandering Northerly along the centerline of Shoal River 358.20 feet ±; thence departing the centerline of Shoal River N90⁰00'00"E 100.00 feet ±; thence continue N90⁰00'00"E 319.59 feet; thence N57⁰40'30"E 2729.40 feet to the Point of Beginning. 7 Contains 37.85 Acres, More or Less. Parcel 6 Commence at the Northwest corner of Section 3, Township 2 North, Range 23 West, Okaloosa County Florida; thence S07⁰10'17"E 334.80 feet along the West line of said Section 3 to the Point of Beginning; thence departing said West Section line S87⁰59'25"E 658.87 feet; thence N07⁰07'58"W 334.88 feet to a point on the North Section line of Said Section 3; thence along said North Section line S87⁰59'00"E 660.92 feet; thence continue along said North Section line S89⁰07'56"E 1797.51 feet; thence departing said North Section line S40⁰24'24"W 890.17 feet; thence S01⁰56'42"E 838.73 feet; thence N90⁰00'00"E 121.72 feet; thence continue N90⁰00'00"E 100.00 feet ± to a point on the centerline of Shoal River; thence meander Southerly along said centerline 322.63 feet ±; thence departing said centerline S05⁰12'02"E 100.00 feet ±; thence continue S05⁰12'02"E 1373.48 feet to the Southeast corner of the Northeast 1/4 of the Southwest corner of said Section 3; thence N87⁰57'49"W 1826.12 feet; thence continue N87⁰57'49"W 100.00 feet ± to a point on the centerline of Shoal River; thence meander the centerline of Shoal River Westerly 967.57 feet ± to a point on the West line of said Section 3; thence departing said centerline and along said West Section line N07⁰05'56"W 200.00 feet ±; thence continue N07⁰05'56"W 3208.45 feet to the Point of Beginning. Contains 195.66 Acres, More or Less. Parcel 7 The East 1/2 of the Southeast 1/4 of Section 27, Township 3 North, Range 23 West lying South of Interstate #10 more particularly described as follows; Beginning at the Southeast corner of Section 27, Township 3 North, Range 23 West, Okaloosa County, Florida; thence N86⁰55'35"W 1319.68 feet along the South line of said section 27; thence departing said South section line N01⁰39'28"E 1659.67 feet to a point on the South r/w line of Interstate #10; thence along said South r/w line S88⁰52'07"E 1320.00 feet; thence departing said South r/w line and along East line of said Section 27 S01⁰40'49"W 1704.40 feet to the Point of Beginning. Contains 50.96 Acres, More or Less. Parcel 8 Beginning at the Southwest corner of Section 26, Township 3 North, Range 23 West, Okaloosa County, Florida; thence N01⁰40'49"E along the West line of said Section 26 1704.40 feet to the South right of way line of Interstate #10 (r/w varies); thence departing said West Section line and along said South r/w line S88⁰52'07"E 1264.47 feet; thence departing said South r/w line S04⁰33'48"E 597.99 feet; thence S14⁰47'48"W 1138.86 feet to a point on the South line of said Section 26; thence along said south Section line N89⁰00'40"W 1071.08 feet to the Point of Beginning. Contains 48.24 Acres, More or Less. Parcel 9 Commence at a Concrete monument (no LS#) marking the Southwest corner of Section 34, Township 3 North, Range 23 West, Okaloosa County Florida; thence S07⁰10'17"E 334.80 along the West line of said Section 34 to an Iron Pin (LS# 5024); thence departing said West Section line S87⁰59'25"E 658.87 feet to an Iron Pin (LS# 5024) ; thence N07⁰07'58"W 334.88 feet to a point on the South Section line of Said Section 34 and an Iron Pin (LS# 5024); thence along said South Section line S87°59'00"E 660.92 to to an Iron Pin (LS# 5024) and the Point of Beginning; thence departing said South Section line N02⁰38'13"E 659.61 feet to an Iron Pin (LS# 5024) ; thence N87⁰56'28"W 660.27 feet to an Iron Pin (LS# 5024) ; thence N02⁰20'40"E 659.36 feet to an Iron Pin (LS# 5024) ; thence N88⁰14'12"W 323.08 feet to a set Iron Pin (LS# 4028); thence N02⁰20'40"E 1315.80 feet to a set Iron Pin (LS# 4028) and a point on the South 8 line of an existing 150 foot wide Gulf Power Easement; thence along said South line N88⁰58'12"E 547.03 feet to an set Iron Pin (LS# 4028) ; thence departing said South line S03⁰05'59"W 599.23 feet to a Concrete Monument (LS# 7191) ; thence S87⁰36'21"E 299.10 feet to a Concrete Monument (LS# 7191); thence S03⁰05'56"W 660.40 feet to a Concrete Monument (LS# 7191) ; thence S86⁰56'22"E 654.12 feet to a Concrete Monument (LS# 7191); thence S03⁰03'40"W 659.93 feet to a Concrete Monument (LS# 7191); thence S86⁰54'07"E 654.71 feet to a Concrete Monument (LS# 7191); thence N03⁰02'36"E 2031.40 feet to a set Iron Pin (LS# 4028) and a point on said South Easement line; thence along said South Easement Line N88⁰58'12"E 2620.84 feet to a set Iron Pin (LS# 4028) ; thence departing said South Easement line S00⁰49'01"E 296.89 feet to a set Iron Pin (LS# 4028); thence S40⁰24'15"W 3259.84 feet to a set Iron Pin (LS# 4028) and a point on the South Section line of Said Section 34; thence along said South Section line N89⁰07'56"W 1797.51 feet to the Point of Beginning. The North 100 feet of the East 2620.84 feet of said parcel is not to be included in any Restricted Use Easements, along with a 300'x300' box in the Northeast corner of said parcel. Contains 161.29 Acres, More or Less. Parcel 10 Beginning at an Iron Pin marking the Northeast corner of Section 34, Township 3 North, Range 23 West Okaloosa County Florida; thence S00⁰49'01"E along the East line of said Section 34, 2261.15 feet; thence departing said Section line S88⁰58'12"W 2862.31 feet; thence N02⁰26'15"E 304.94 feet; thence S87⁰33'45"E 214.14 feet; thence N02⁰53'31"E 203.46 feet; thence S87⁰06'29"E 263.70 feet; thence N03⁰06'59"E 751.06 feet; thence S87⁰06'29"E 134.29 feet; thence N02⁰56'52"E 449.63 feet; thence N87⁰04'57"W 134.72 feet; thence N03⁰15'27"E 748.43 feet; thence S86⁰55'35"E 2226.21 feet to the Point of Beginning. The South 100 feet of said parcel is not to be included in any Restricted Use Easements. Contains 120.45 Acres, More or Less. Parcel 11 omitted Parcel 12 Beginning at the Northwest corner of Section 35, Township 3 North, Range 23 West, Okaloosa County, Florida; thence S89⁰00'40"E along the North line of said Section 35, 1071.08 feet; thence departing said North Section line S42⁰47'26"W 639.22 feet; thence S00⁰00'00"E 982.72 feet; thence S32⁰37'59"W 1116.93 feet to a point of the West line of said Section 35; thence along said West Section line N00⁰49'01"W 2411.15 feet to the Point of Beginning. The South 247.82 feet of said parcel is not to be included in any Restricted Use Easements. Contains 29.61 Acres, More or Less. Parcel 13 Commence at the Southeast corner of Section 26, Township 3 North, Range 23 West, Okaloosa County, Florida; thence N02⁰03'16"E 1480.66 feet along the East line of said section 26 to a point on the South r/w line of Interstate 10 (r/w varies); thence departing said East section line and along said South r/w line N36⁰56'08E 246.14 feet; thence N88⁰52'07"W 425.57 feet to the Point of Beginning; thence continue along said South r/w line S87⁰13'50"W 301.17 feet; thence N88⁰07'27"W 599.88 feet; thence N83⁰20'32"W 300.16 feet; thence N88⁰52'06"W 1537.67 feet; thence departing said South r/w line S04⁰34'54"E 595.51 feet; thence S14⁰47'48"W 1138.86 feet; thence S08⁰13'50"E 550.00 feet; thence N53⁰12'46"E 3621.62 feet to the Point of Beginning. Contains 70.69 Acres, More or Less. 9 Existing Acreage already owned by Okaloosa County Water & Sewer: Parcel A COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, PROCEED S88°41'05"E 1425.00 FEET ALONG THE NORTH LINE OF SAID SECTION 26 TO THE POINT OF BEGINNING; THENCE CONTINUE S88°41'05"E 1000 FEET; THENCE DEPARTING SAID SECTION LINE S03°41'05"E 1000 FEET; THENCE S16°18'55"W 1500 FEET; THENCE S04°34'54"E 811.86 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE 10; THENCE N88°56'08"W 999.82 FEET ALONG SAID RIGHT OF WAY LINE; THENCE DEPARTING SAID RIGHT OF WAY LINE PROCEED N04°33'46"W 816.23 FEET; THENCE N16°18'55"E 1500 FEET; THENCE N03°41'07"W 1000 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 74.72 ACRES, MORE OR LESS. Parcel B COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, PROCEED S89°00'40"E 1071.08 FEET ALONG THE NORTH LINE OF SAID SECTION 26 TO THE POINT OF BEGINNING; THENCE CONTINUE S89°0040"E 1000 FEET; THENCE DEPARTING SAID SECTION LINE N14°47'48"E 1138.86 FEET; THENCE N04°34'54"W 595.51 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 10; THENCE N88°52'07"W 1000.05 FEET ALONG SAID RIGHT OFWAY LINE; THENCE DEPARTING SAID RIGHT OF WAY LINE PROCEED S04°33'46"E 597.99 FEET; THENCE S14°47'48"W 1138.86 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 39.02 ACRES, MORE OR LESS. Parcel C COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, PROCEED S89°00'40"E 1071.08 FEET ALONG THE NORTH LINE OF SAID SECTION 35 TO THE POINT OF BEGINNING; THENCE CONTINUE S89°00'40"E 1000 FEET; THENCE DEPARTING SAID SECTION LINE S08°13'50"E 1544.29 FEET; THENCE S22°17'20"W 113.00 FEET; THENCE N88°52'45"W 1718.40 FEET; THENCE N32°41'42"E 195.80 FEET; THENCE N00°00'00"E 982.72 FEET; THENCE N42°47'25"E 639.22 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 55.77 ACRES, MORE OR LESS. Parcel D COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, PROCEED N00°49'01"W 892.18 FEET ALONG THE WEST LINE OF SAID SECTION TO THE POINT OF BEGINNING; THENCE CONTINUE N00°49'01"E 483.81 FEET; THENCE DEPARTING SECTION LINE S88°48'35"E 867.00 FEET; THENCE S00°49'01"E 483.81 FEET; THENCE N88°48'35"W 867.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 9.62 ACRES, MORE OR LESS. 10 Parcel E BEGINNINGING AT A CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, THENCE ALONG THE SOUTH LINE OF SAID SECTION N88°38'53"W 2399.84 FEET; THENCE DEPARTING SAID SECTION LINE N40°24'15"E 3259.83 FEET; THENCE N70°47'54"E 263.45 FEET TO A POINT ON THE SAID EAST SECTION LINE; THENCE S00°49'01"E ALONG SAID EAST SECTION LINE 2625.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 77.27 ACRES, MORE OR LESS. Parcel F BEGINNINGING AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF SECTION 03, TOWNSHIP 2 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, PROCEED N88°38'53"E 2399.84 FEET ALONG THE NORTH LINE OF SAID SECTION 3; THENCE DEPARTING SECTION LINE S40°24'15"W 890.14 FEET; THENCE S01°56'31"E 838.73 FEET; THENCE N90°00'00"E 641.30 FEET; THENCE N57°40'30"E 2729.40 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 58.62 ACRES, MORE OR LESS. 11