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2007-112-RES-Approving and Authorizing the execution of a Landlord's consent agreement (Attornment) to subordinate the City's Landlord lien on the fairgroundsRESOLUTION N0. 2007-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LANDLORD'S CONSENT AGREEMENT (ATTORNMENT) TO SUBORDINATE THE CITY'S LANDLORD LIEN ON THE FAIRGROUND PROPERTY FOR IMPROVEMENTS TO BE MADE BY THE RED RIVER VALLEY FAIR ASSOCIATION, INC.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Red River Valley Fair Association, Inc. has requested the City Council of the City of Paris to subordinate its landlord's lien on fairground property upon which the Red River Valley Fair Association, Inc. has made improvements in accordance with their purposed capital projects list described more particularly in Exhibit "A" attached hereto and incorporated herein by reference; and, WHEREAS, the City of Paris wishes to continue to encourage the Red River Valley Fair Association, Inc. to promote activities which are enjoyed by the citizens of Paris and Lamar County, and to improve the fairground property by making parking and building improvements on the property to accomplish said purpose and is, therefore, agreeable to subordinate its landlord lien, as requested, upon the terms and conditions described in the form of the Landlord's Consent Agreement (Attornment) attached hereto as Exhibit "B", and the same should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the request by Red River Valley Fair Association, Inc. to the City of Paris to subordinate its landlord's lien is hereby approved, and the Mayor of the City of Paris be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Landlord's Consent Agreement (Attornment) in favor of First Federal Community Bank, upon the terms and conditions and in the form attached hereto as Exhibit "B". Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND ADOPTED this 10'" day of September, 2007. J se James eelen, Mayor ATTEST: J ice Ellis, City Clerk APPROVED AS TO FORM: i 4 W. Kent McI ,City Attorney LANDLORD'S CONSENT AGREEMENT (ATTORNMENT) This agreement and consent is made effective the 10th day of September, 2007, between the CITY OF PARIS, (herein called "Owner") a municipal corporation of Paris, Texas, whose address is P.O. Box 9037, Paris, Texas 75461, and FIRST FEDERAL COMMUNITY BANK (herein called "Mortgagee"), whose address is 630 Clarksville Street, Paris, Texas 75460 and THE RED RIVER VALLEY FAIR ASSOCIATION, INC., a Texas Corporation, whose address is P. 0. Box 964, Paris, Texas 75461. WHEREAS, the Owner is the Lessor in one certain lease agreement, a copy of which is attached hereto and marked Exhibit "A", and is the owner of the real property described therein; and WHEREAS, Red River Valley Fair Association, Inc. is the Lessee in said lease; and WHEREAS, Lessee has requested Mortgagee to make a loan to Lessee in the amount of $125,000.00, and take as security for its note (herein called "Note") a deed of trust lien on its leasehold interest in the real property described on said Exhibit "B" attached hereto; and WHEREAS, Mortgagee is willing to make said loan and take said security only in the event Owner will consent to the terms of this Agreement; and WHEREAS, Owner is willing to consent and agree to the terms hereof so that said loan may be made to Lessee. -~- EXHIBIT .~. NOW THEREFORE, Owner agrees as follows: 1) Owner consents to the execution by Lessee of a deed of trust to secure the Note, giving to Mortgagee a lien upon the leasehold interest of Lessee in the property described on Exhibit "B" attached hereto, and consents to the terms thereof Owner, Lessee and Mortgagee acknowledge that the property described on Exhibit "B", is a part of and less than the whole of the property described in the lease attached hereto, but agree that the terms of the said deed of trust, the said lease, and this agreement shall extend to only that properly described on Exhibit "B"attached hereto. Mortgagee shall have no rights under the deed of trust, this agreement or the lease as to any additional property other than the areas of the entire tract which are used for access for ingress, egress and utility purposes to the two tracts described on Exhibit "B"which Owner and Lessee agree Mortgagee, its assignee or the purchaser at a foreclosure sale may continue to use such access for the benefit of the property described on Exhibit "B". 2) Owner covenants to give notice of any default by Lessee under the terms of the lease to Mortgagee and to give Mortgagee a reasonable time from the receipt of said notice in which to remedy and to remedy the default or in which to have the Lessee remedy the default. 3) In the event the said deed of trust is foreclosed for any reason or in the event the Mortgagee takes conveyance or assignment of said leasehold estate in lieu of a foreclosure, Owner agrees to accept Mortgagee or the successful bidder at such foreclosure as the new Lessee upon said lease as to the property described on Exhibit "B"attached -2- hereto and agrees that Mortgagee or such successful bidder will be substituted as Lessee automatically upon notice to Owner without the execution of any further instrument on the part of either party to this instrument other than a written notice by Mortgagee to Owner of the name of the person or entity succeeding to the lessee's leasehold interest. In the event Mortgagee, its assignee or a third person shall become the substituted Lessee under said lease, the consideration for the premises shall be 5% of its total gross receipts from the use of the portion of the leased premises used by such parry expended as improvement to such leased premises. At the option of the new lessee, the consideration can be paid in cash to the Owner on an annual basis within 30 days of the end of each lease year. 4) In the event the Mortgagee is the entity succeeding to the Lessee's leasehold interest, Owner agrees to not unreasonably withhold its consent to the conveyance or assignment of such interest by Mortgagee to a third party providing that said third parry shall execute in writing an agreement to be bound by all the terms of said lease agreement. 5) Mortgagee agrees that if it succeeds to the interest of the Lessee in said lease, it shall be bound to the Owner under all the terms of said lease agreement. Mortgagee agrees that any foreclosure of its deed of trust shall specify that the successful bidder shall be bound by all the terms of said lease agreement. -3- 6) Mortgagee or its assigns shall not be liable to Owner for any act or omission of the Lessee or be subject to claim held by Owner against Lessee unless Mortgagee shall have been duly notified of such claim or liability by Owner prior to Mortgagee's succeeding to the Lessee interest in said lease. 7) Any notice or communication required or permitted hereunder shall be given in writing, sent by United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed to the parties as shown in the first paragraph of this agreement, or to such other address as hereafter shall be designated in writing by the applicable party to the other party herein. 8) This agreement is executed pursuant to a duly authorized resolution of the City of Paris, being Resolution No. 2007- ,and the City of Paris is acting by and through its duly authorized Mayor, Jesse James Freelen, and attested by the City Clerk, Janice Ellis. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed effective the day and year first above written. CITY OF PARIS, PARIS, TEXAS Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk -4- FIRST FEDERAL COMMUNITY BANK By: Richard M. Amis ,President THE RED RIVER VALLEY FAIR ASSOCIATION, INC. Bruce Peterson, President ATTEST: Tracy Denny, Secretary -5- LEASE AGREEMENT This is a Lease Agreement between the CITY OF PARIS, a municipal corporation, hereinafter refer~•ed to as LESSOR, and RED R1VER VALLEY FAIR ASSOCIATION, ,~ ,,. ,, ,. - 1NC., a Texas corporation, hereinafter refen•ed to as LESSEE, executed in duplicate on this the 10th day of March, 1997, WITNESSETH: The leased premises consists of the following described property owned by Lessor in Paris, Lamar County, Texas: All that certain tract or parcel of land as described in Exhibit "A" attached hereto and made a part hereof for all purposes. The tei~rn of this lease shall be for tlrirty 30 years beginning on the lst day of April, 1.997, and ending the 31 st day of March, 2027. The consideration for this lease and the use and occupancy by Lessee shall be Lessee's agreement to perform all necessary repairs to the existing buildings, sh•uctures and other improvements on the leased premises and to make such additional improvements on the leased premises to the extent of f ve per cent (5%) of Its annual gross receipts, Lessee hereby agreeing to expend for such. purposes the sum herein set out during each year of this agreement, the total amount to be expended by Lessee for such purposes during the term of this lease to be not less than five per cent (5%) of its total gross receipts for the thirty (30) year per7od covered by this agreement; provided however, that in the event Lessee expends EXHIBIT g in excess of five percent (5%) of its gross receipts during any one year hereof for such purposes, such excess may be credited on the total amount to be expended by Lessee hereunder. The teem "gross receipts" shall mean the total receipts of Lessee from all sources by reason of the use of the rented premise. IN CONSIDERAT[ON IIERCOr, it is mutually agreed by and between Lessor and ,Y 1~ ,Y 1~ ~ Lessee: ~~ (1) That Lessee shall during the term of this lease, at its sole cost and expense, make all necessary repairs to existing buildings and structures on the leased premises, as speedily as it can fnance same, so that same will be safe and suitable for the purposes for which they may be used by Lessee and will keep and maintain same in good, safe and sanitary condition. (2) That no substantial repairs or improvements or changes in location will be '~ made to any buildings, structures or other things located thereon nor will any new shuctures be placed on any part of the leased premises without the prior approval of Lessor. (3) That Lessee shall pay to Lessor the annual cost of insurance, to keep all buildings and other insurable improvements on the leased premises insured against loss by fire, lightening, and all risks included in the ter•rn "extended coverage" to the full extent of their insurable value as determined by Lessor. (4) That Lessee shall pay for all lights, electricity, water and sewer, gas, and all other utilities used on the leased premises. -2- (5) That all bulldmgs, stl•uctures, additions, fixtures and improvements made upon or added to the leased premises or any part thereof shall at once become the property of the Lessor and be surrendered to the Lessor at the tei7nination of this lease. (6) That Lessee shall deliver to Lessor annually its Federal Income Tax Return prepared by a Cer~if ed Public Accountant on or before the first day of May of each year, and .Y ~ • ,Y ~ ~ verified copy of any tax report made to the State of Texas. (7) That Lessee shall not sublet the rented premises or any part thereof for more than three hundred sixty-five (365) days without the consent in writing of Lessor first had and obtained, which shall be indicated by the signature of the City Manager. (8) Lessee agrees to indemnify, save, keep and hold and harmless Lessor from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever for damage or injuries to persons and property occurring on the leased premises resulting from Lessee's use, Lessee's sub-lessee or any tenant of Lessee, and Lessor shall not be liable to Lessee, its employees, invitees, patrons, licensees or visitors due to the building or other stl'uctures thereon being improperly constructed or being or becoming out of repair, Lessee lieieby waiving any defects tliei•ein and agreeing to hold and save Lessor harmless from all claims for any such damages or injuries, and .Lessee shall and must at all times during the term of this agl•eernent, aiid any extensions thereof, keep and maintain in full force and effect a policy oi• policies of insurance, providing at least $500,000.00 per person and $500,000.00 for any single occuirence foi• bodily injury or death and $500,000.00 for any single occurrence for injury to or deshuction of property -3- indemnifying all persons for any and all damages, personal injuries or prope~•ty damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of Lessee, its agents, servants, employees or sub-lessees and its agent, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a ,. ~~ . ,~~ reputable insurance company or companies, subject to approval by the City ~ttoi~~ey of the ' City of Pans, and Lessee or its insurance carrier or can~iers shall deliver a copy of any such policies to the City Clerk of the City of Paris, or fi~t7~ish to said City Clerk a cuiTent~letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times chu•ing this lease and any extension thereof and specifically noting thereon that Lessor is an additional insured. All such policies shall be written so that the Lessor will be notified of cancellation or of any restrictive amendment of the policies ~at least sixty (60) days prior to the effective date of such cancellation or amendment. Notice shall be by certiCed mail, return receipt requested, addressed to the Lessor at the following address: City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461-9037... (9) That Lessor shall not make or be liable for any repairs or improvements of any kind on the leased premises during the team of this lease. (10) That Lessee shall take good care of the rented premises and all buildings and st<uctures thereon and be responsible to Lessor for any damage or injuries hereto caused by Lessee or those under it. -4- (1 l) That Lessor shall conform to and observe all sanitary rules, regulations and laws of the State of Texas and ordinances of tl~e City of Paris applicable to the leased premises and not use or permit the same to be used for any unlawful or illegal purpose. (12) Should Lessee default in, or fail or refuse to keep any of the covenants, conditions, stipulations or provisions therein contained, notice thereof shall be given to .. ,. ,• , Lessee by Lessor, and in the event such default, failure or refusal has not been. corrected or pe~fo~med within sixty (60) days from the date of such notice, then this lease conh•act may be terminated at Lessor's option, and it shall be lawful for Lessor to re-enter the leased premises and remove all persons, property and effects therefrom, all and every claim for damages for or by reason of said re-entYy being expt•essly waived. (13) All water v~d sanitary sewer pipe in, on or under the leased premises belonging to lessor may be kept there if or until removed by Lessor.. (14) In the event Lessee shall keep each and every agreement contained herein and do and perform all the obligations required of it hereunder during the tet•cn of this lease, an option is hereby given and granted to Lessee to renew and extend this lease for an additional period of ten (IO) years from and after the expiration of this agreement, which option may be exercised by Lessee giving notice in writing of its intention to renew said lease ninety (90) days prior to the expiration of the primary te~•m of the lease. (15) Lessor is given and granted the right to place st<•eets or utilities or drainage appurtenances in, on or under any of the leased property herein. (l 6) That Lessor shall have the right and privilege of using any portion of the leased -5- premises for functions sponsored by tl~e City of Paris or any deparhnent thereof, provided such function has been approved by the City Council of the City of Paris, all of which functions shall be conducted on anon-interfering basis with the annual Fair conducted by the Red River Valley Fair Association, lnc., or any other scheduled activity of the Lessee or pi7or sub-lease rental agreements approved by the City Manager of the City of Paris between ,Y ~, ,Y 1~ the .Lessee and any Sub-Lessee. In the event of any of the above contingencies, Lessor shall give Lessee thil•ty (30) days notice in writing of its intention to so utilize any po~•t~ion of the tract for the above purposes. (17) That Lessor shall have the right and privilege at its option to terminate this lease as to any pa~'t of the realty not improved with buildings, including reasonable access and reasonable parking to include additional ]and if necessary for such buildings, for only necessary municipal functions. Lessor acknowledges that the Lessee is cun•ently in tl~e process of obtaining a loan from the First National Bank of Paris, Paris, Texas, in the approximate sum of Two Hundred Thousand and no/100 Dollars ($200,000.00) for tl~e consfiil~ctioi1 of improvements on the leased premises. Lessor agrees that in the event Lessee obtains this lease, Lessor shall subo~'dinate its landlord's lien so that Lessee may obtain said loan. CXECUTCD this the 10th day of March, 1997. CITY 01' PART By: Eric S. Clif rd, ayoi - -6- ATTEST: Mattie Cunningham, City erk ,r ~ ~ .r ~~ APPROVED AS FORM: T. K. Haynes, City ttoi~ney RED R{VER VALLEY ~A{R ASSOC[AT{ON, {NC. t Qy: George Robinson, President ATTEST: ~~ ~~~ avid Henson, Secretary I iLiAl -)'lili -7- STATE OF TEXAS COUNTY OF LAMAR } BEFORE ME, the undersigned authoi7ty, on this day personally appeared Ei~c S. Clifford, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same as the act of the said City of Paris, a municipal corporation, and that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed, and in the ,~ ~ capacity therein stated. 'Y CIVEN UNDER MY 1-LAND AND SEAL OF OFF[CE, this the tday of March,1997. -- Notary Public, State of Texas 00ooooocooooooarooooo00000000o g p '"Y ~" LISA FARRIS I x~M Notary Public, State of Texas ~Oj ~ .~~u~,r My Commission Expires 09-20-1997 STATE OF TEXAS } ~~'~~°°00~00~0°UJ0~0`'a00°°°°~ COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared George Robinson, President of the Red River Valley Fair Association, inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that tl~e same as the act of tl~e said City of Paris, a municipal corporation, and that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY F(AND AND SEAL OF OFFICE, this the ~~-day of March, 1997. ~~,~ ~ Notary Public, State of Texas oooaa~ooooooooaoooc~aoooaoxoo~ z~~"Y ~qh USA FARRIS $ l~ ~ Notary Public, State of Texas R ` ~~~~ My Commission Expires 09-20-19978 -s- ~~~~~~ EXHIBIT"A" All that certain tract or parcel of land SITUATED in Paris, Lamar County, Texas, and being more particularly described as follows: QECINNINC at the intersection of the North Boundary Linc of Hickory Avcnuc with the West Boundary Linc of Fitzhugh Avcnuc, also designated as 9th Strcct N.E., the same being the Southeast corner of a 12 acre tract of land sold to tl~c Lamar County Fair Association by N. E. Clement Estate in 1936, described in deed recorded in Volume 245, Page 575, Lamar County Dced Records; THENCE North 1501.5 feet to the Northeast corner of said 12 acre tract, same being the South Boundary Linc of Clcmcnt Road, said Clcmcnt Road being 60 feet in width; TFIENCE West a dist<nce of 3 RO feet to the Northwest corner of said 12 acre tract ,same being the '' ~~ Northe~lst comer of a tract of la~~d purchased by the L,~~unar County Fair Association in 1916, dcscribcd in deed ,~~. rccordcd in Volume 160, Page 322, Lamar County Dccd Records, continuing Wcst in all a distance of 1710 feet to the Northwest comer of Block 3 I, Fairview Addition to the city of Paris, same being the East Boundary Line of 3rd Strcct N.E., same being the most Northerlt~ Northwest corner of a tract of land purchased from H. E. clement in 1921 out of the Fairview Addition and dcscribcd in decd rccordcd in Volume 199, Page 31 1, Lamar County Dccd Records: THENCE South a distance of 1356 feet to the East Boundary Line of 3rd Street N.E., to the North Boundary Line of Hickory Avenue; THENCE East with the North Boundary Linc of Hickory Avcnuc a distance of approximately 804.0 feet to the Southwest corner of the Emmett Recce Ball Field property THENCE North a distance of 600 feet: THENCE East a distance of 6O0 feet; THENCE South a distance of 600 feet; THENCE East a distance of 30O feet to the PLACE OF BEGINNING. SAVE AND EXCEPT the following dcscribcd tract of land: SITUATED within the corporate limits of the City of Paris, Lamar County, Texas, and being a part of Block 256, as show~~ on t~hc Tax Map of the City of Paris, and more fully dcscribcd as follows: QEGINNINC at a point in the center Linc of a drainage ditch, said ditch being located between Hickory Strcct and Clcmcnt Road, and the beginning point being Wcst a distance of 260 feet from the Soutlnvcst comer of the intersection of Fitzhugh Avcnuc ;u~d Clcmcnt road (the Northeast corner of Block 256) and also being South 2 Dcgrccs UO Minutes East along the centerline of a drainage ditch, a distance of 460 feet to said POINT OF (3EGINNING; THENCE North 88 Dcgrccs 30 Minutes West a distance of 287 feet to a point; THENCE South 1 Dcgrcc 30 Minutes West a distance of 84 feet to a point, TFIENCE North 88 Dcgrccs 30 Minutes Wcst a distance of 477 feet to a point, same being in the East Margin of 6th Strcct N.E.; THENCE in a Southerly direction with the East Margin of 6th Street N.E., a distance of 16 feet to a point; THENCE Sottth 88 Dcgrccs 30 Minutes East a distance of 477 feet to a point; THENCE South 1 Dcgrccs 30 Minutes East, a distance of 200 feet to a point; THENCE South 88 Degrees 30 Minutes East a distance of 297 feet to a point in the center line of a drainage ditch; THENCE North 2 Dcgrccs 00 Minutes Wcst with the center line of the drainage ditch a distance of 3 00 feet more or less to the PLACE OI+ BEGINNING, containing 2.19 acres of land, more or less. -9- ADDENDUM NUMBER ONE TO LEASE AGREEMENT DATED MARCH 10,1997, BETWEEN THE RED RIVER FAIR ASSOCIATION AND THE CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) That this Addendum to Lease Agreement dated March 10,1997, between the Red River Valley Fair Association and the CITY OF PARIS, PARIS, TEXAS, made this 27th day of March, 2006, by and between the Red River Valley Fair Association, by and through its President, David Hicks, duly authorized, and the CITY OF PARIS, PARIS, TEXAS, by and through its Mayor, Curtis Fendley, duly authorized, does hereby amend the above described Lease Agreement by amending the property description by adding the property formerly known as Reece Field ball park facilities so that such shall read as shown on Exhibit A attached hereto and made a part thereof for all purposes. EXECUTED on this the 27th day of March, 2006. ATTEST: ~J nice Ellis, City Clerk ~~ APPROVED AS TO FORM: ,r V ~/ ` ohn D. Lestock, Assistant City Attorney RED RIVER VALLEY FAIR ASSOCIATION 1 (/ /~~ ~ J) >3y. l ~+'L~ avid Hicks, President ATTEST: Wade White, Secretary ~~r' - ~t~~r~ ~ c~ ty cep C c - Lc. wg ~'r~ee rig 0 CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Curtis Fendley, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. ~N UIK~~ MAN AND SEAL OF OFFICE, this 27th day of March, 200 ..~~ -y. ~~~i~ PIl~L6G STATE OF T~A~ / ' ~ ,~ ' nr, im~~~ ~• .4.y Commission Ezpfrea ~'!-~8,~ ~'--~ ; ~' (: < <.~ . . -T~'w~/'m~~J' Notary Pu lic; tote of Texas STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared David Hicks, President, Red River Valley Fair Association, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. .- u- GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~ ~ ~ day of ~U_ct.~c:c~ , 200b. s aao~,1+~ ttlda7t" T ¢ ' ' ,; c, , , ,, N ~ ~ - ~~~,;~~~ public : , ~•~'.~ ~_~ ~r~;:~'L ~~ TEXAS ; ;~ ~.: «: ~ ~'`~~ ' ~ ;, t;ommission J~ , , ;~ ~•~.,, F. .' ,r ~"'311~Q0~~ ",,r rs;,,,, ~uaa~~ ~ = , r fa ~.,~ ti ~, Notary Public, State of Texas { e ~ ~ £.~.~ "1a -r ~,,` y "' ~ ~1 .~ . ,,,r.+ .rya. , ~y ,t M7 + '' ~. .N . ~ ~, S 88'50'19" W 1094.84 * ~, N 1'03'59" W 205.46 ~ "S 026'50" E 340.00 N 88'56'01" E 85.53 S' l " ~~ `.`~ ~ ~ ~ ~ ~ i ' " [ , , 1 ~ W 330,05- 53 N 1'27 ~ ~ ~ ~ ~, 1 1 ._, ~ , S 88'5019' w 165.00 ~ `~ "' '' '~ ~ ` ._ N 87'33'38" E 437.24 I ~*';?1 ~ ,~:,,~ ~ ~ ~~ _ N 1'11'32" W 20.00 ~~',t ~ ~ ~ S 87'33'38" W 431.33 r, . ~ # F„,. ~ _~_ ... ~ N 1'27'53" W 200.75 w~ ~ ~Ly ~ r O ~ . ' ~,. ~ ' ^^ 41t p W ~ f • t7 '. 4 .. •h ] A N ~ t ~ S 89 23 50 E 220,04 ~ - . ~. ~~; _. ~ 4 - S 0'26'50" E 279.41 .~a34 ~ 1CDBR S 77'36'58" E ;~ ; ~ CD 149.18 ' '-~ . ~ ;"' R 325.00 .. . ,,~ L 150.52 ~' ~ ~. 551 89'06'58" E 31 S 64'20'53" E 1 N . .R ""~ f "}ti m,w y..w...y ~+ ~ +1 i ~ N . t ; e _ i ;:~ J ` • 45" E ~-"a • ' ~ C08R S 77'39' ~ * ~ ~ ~ .. ~ . ~ ~. CD 126.66 ~ ., _ ~ :~',+ 7 - . , ~ r .~. ; ~~ R 275.00 ~~~ .. . ~; L 127.81 .my' F w,. ,.~r ;~~r ~• FIELD NOTES: BEGINNING at the intersection of the North Boundary line of Hickory Avenue with the West Boundary Linc of Fitzhugh Avenue: 191.28 ~ Rr ~~ i~~~ ' i i . ~~ ~~ ~ S 88'50'19" W 430.34 i S 1'03'59" E 205.49 N 88'56'01" E 83.63 S 1'47'20" E 1249,65 ' a F"~' ~" ~, ~ . r: ,~,. 1 .~ 4 ` '4 ~ ~. al a ~'~' r ,~~ ~.., ~. ,, ,~: "'~ < x~„ ~: ': ''R r { ~ L ~ .,~ ~ ;~ w i' ;a~ YYY ' ~ ~ . ~' ~ ~ 3 ~ ~t .* .~ r r ro i.. e~/~ y. 5 ',~, 'W ~ < 4 ' 'i; ~ '~'~N+ Z 4Y~ R v F .'~~ r~ ~..,~. ~~ y ~~ y..~•~ ~~.« .~ ~ ~ ~ ~y l~ a `V, • ~ ~~ ^ , ~ . <-~ ~, t -: ~1 ~~ i ,. ' ~ ~~. -~ ;~ N 89'19'06" E 92.76 ~'~ 4r+ ^~ y JI N ~ ~ ~' N d' g tea T ~jr ~sN 89'01'24" E 1023.42 ,~ •r'; ,,: ~yyaa..~: :. ~ k,: is •, TIII;N('I' South 87"33'34" West a distance of x37.33 feet; TI{EN('E North I"I 1'32" West a distance of 20.00 fceC THE:NC'E North 87"33'3R" East a distance of 437.?4 feet; 1 TI IENC'E North 89°0658" East a distance of 31.55 feet; T[IENC'H around a curve having a CD[3R of South 77°3658" East, a C'D length of 149.18 feet, a radius of 325.00 feet, and a curve length of I5p.S2 feet; 1~lIENCE South (r!" 20'53" East a distance of 191.28 feet; Tl'IENCE North 0°39'4(i' West a distance of 1496.(x3 feet TIiENC'E. North 1" 2153" West a distance of 330.05 feet-, "f HENCE around a cunt having a C'U13R of South THENCE South 88°50' 19" West a distance of 430.34 feet; TIiEN('E North RS°5601" East a distance of 85.53 feet; 77°39'45" East, a C'D length of 126.66 feel, a radius of 275.00 feet, and a curve Icngth of 127.81 feel; f[IENCE South I°03'59" East a distance of?ll5.49 lest; 'fUENC'F. North I°03'59" West a distance of 205.46 feet; TH[?NCE North 89"01'?4" I:asl a distance of 10?3.4? Feet TFIE.NC'E North 88°5(101" East a distance of 83.63 feet; TIIENCP. South S8"50'19" Wes(a distance of 1094.84 feet; to the I'I.ACF. OF 13FGINNING. THENCE South 1 °4720" East a distance of ?49.65 feet, TI IENC'E North 89°19'06" f•.ast a distance ol'92.7G feet TIIENC'E South 4°3?'47" East a distance of 299.51 feet; fHENCE South RR°3154" West a distJnce of 299.41 feet; THEN('E North I'2TS3" Wesl a distance oi~200JS feet; "('[IEN('E South U"26'5(1' I'.ast a distance of 340.00 feet: T'IiENCE South 88'50'19" West a distance of 165.00 feel; TI I ENCE South 0"?(i 50" East a distance of 716.26 feet, TI IENCE South 89"23'50" Easl a distance of ?N).04 Feet; "1'I IENC'I: South 0 2h50" East a distance of?79.4I feet; ,; 'x~,, ~~ ~ ~ /. ,~ ~. CiI,TY," OAF,, P~~•L.R~I~S. r ,.J EXHIBIT ~ MARCH 2006 DRAWN BY: CBO SCALE: 1 "=300'