County: Onondaga Site No: C734104 BCA Index No.: C7341 04-06-28 ENVIRONMENTAL EASEMENT GRANTED PURSUANT TO ARTICLE 71, TITLE 36 OF THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW TillS INDENTURE made this 15·1- day of . 20lL between Owncr(s) City of Syracuse Industrial Development Agency (Fee Owner), a public benefit corporation existing under the laws of the State of New York, having its principal office at 233 East Washington Street, Syracuse, New York 13202 and DestiNY USA Holdings, LLC, I Beneficial Owner] having an office at 4 Clinton Square, Syracuse, New York 13202 ( collectively the and The People of the State of New York (the -Grantee."), acting through their Commissioner of the Department of Environmental Conservation (the "Commissioner", or "NYSDEC" or as the COnleXI requires) with its headquarters located at 625 Broadway, AJbany, New York 12233. WHEREAS, the Legislature of the State of New York has declared [hal it is in the public interest to encourage the remediation of abandoned and likely contaminated properties ("sites") that threaten the health and vitality of the communities they burden while at the same time ensuring the protection of public health and the environment; and WHEREAS, the Legislature of the State of New York has deciareLl that it is in the public interest La establish within the Department a statutory environmental remediation program that includes the use of Environmental Easements as an enforceable means of ensuring the performance of operation, maintenance, and/or monitoring requirements and the restriction of future uses of the land, when an environmenwl remediation project leaves residual cOnlamination at levels that have been determined to be safe for a $pecific use, bUL not all uses, or which includes engineered structures that must be maintained or protected against damagc to perform properly and be effective, or which requires groundwater use or soil management reslrictions; and WHEREAS, Ihe Legislature of the Slate of New York has declared that Environmenlal Easemem shall mean an interest in real property, created under and subject to the provisions of Article 71. Title 36 of the New York State Environmental Conservation Law which contains a use restriction and/or a prohibition on the use of land in a manner inconsistenl with engineering controls which are intended to ensure the long term effectiveness of a site remec..lial program or eliminate potential exposure pathways to hazardous wastc or petroleum; and WHEREAS, Grantor is the owner of real property located at the address of 306 Hiawatha Boulevard West, Syracuse, County of Onondaga and State of New York, known and designated on the tax map of the County Clerk of Onondaga as tax map parcel numbers: Section 114. Block 02 Lot 05.7, being a portion of that property conveyed 10 Grantor by deed dated August 24, 1989 and recorded in Liber 3559 cpo 142; by deed dOlled November 13, 1990, recorded in Libcr 3664 cpo 321; and by deed dated June 1, 1990, recorded in Liber 3624 cpo 142; by deed dated August 24, 1989, recorded in Liber 3559 cpo 151; and by deed dated October 19, 1994, recorded in Liber 3981 cpo 107 and subject to an Expansion Inslallment Sale Agreement made by and between the City of Syracuse Induslrial Development Agency as Contract Vendor, and DestiNY USA Holdings, LLC, as Contraci Vendee, dated as of February 1, 2007, as referenced in Memorandum of Expansion Installment Sale Agreement dated February 26. 2007, recorded March 23. 2007 in Liber 4987 cp 119. The property subject to this Enyironmental Easement (the is approximately 10.138 +/- acres, and is hereinafter more fully described in the Land Tille Survey dated August 31, 2011, la'St revised September 22, 2011 prepared by C.T. Male Associates, P.C., [6/11] Environmental Easement Page I
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County: Onondaga Site No: C734104 BCA Index No.: C7341 04-06-28
ENVIRONMENTAL EASEMENT GRANTED PURSUANT TO ARTICLE 71, TITLE 36OF THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW
TillS INDENTURE made this 15·1- day of ()G~ . 20lL betweenOwncr(s) City of Syracuse Industrial Development Agency (Fee Owner), a public benefitcorporation existing under the laws of the State of New York, having its principal office at 233East Washington Street, Syracuse, New York 13202 and DestiNY USA Holdings, LLC,IBeneficial Owner] having an office at 4 Clinton Square, Syracuse, New York 13202 ( collectivelythe ~Grantor"), and The People of the State of New York (the -Grantee."), acting through theirCommissioner of the Department of Environmental Conservation (the "Commissioner", or"NYSDEC" or nDcpartment~ as the COnleXI requires) with its headquarters located at 625Broadway, AJbany, New York 12233.
WHEREAS, the Legislature of the State of New York has declared [hal it is in the publicinterest to encourage the remediation of abandoned and likely contaminated properties ("sites")that threaten the health and vitality of the communities they burden while at the same timeensuring the protection of public health and the environment; and
WHEREAS, the Legislature of the State of New York has deciareLl that it is in the publicinterest La establish within the Department a statutory environmental remediation program thatincludes the use of Environmental Easements as an enforceable means of ensuring theperformance of operation, maintenance, and/or monitoring requirements and the restriction offuture uses of the land, when an environmenwl remediation project leaves residual cOnlaminationat levels that have been determined to be safe for a $pecific use, bUL not all uses, or which includesengineered structures that must be maintained or protected against damagc to perform properlyand be effective, or which requires groundwater use or soil management reslrictions; and
WHEREAS, Ihe Legislature of the Slate of New York has declared that EnvironmenlalEasemem shall mean an interest in real property, created under and subject to the provisions ofArticle 71. Title 36 of the New York State Environmental Conservation Law (~ECL") whichcontains a use restriction and/or a prohibition on the use of land in a manner inconsistenl withengineering controls which are intended to ensure the long term effectiveness of a site remec..lialprogram or eliminate potential exposure pathways to hazardous wastc or petroleum; and
WHEREAS, Grantor is the owner of real property located at the address of 306 HiawathaBoulevard West, Syracuse, County of Onondaga and State of New York, known and designated onthe tax map of the County Clerk of Onondaga as tax map parcel numbers: Section 114. Block 02Lot 05.7, being a portion of that property conveyed 10 Grantor by deed dated August 24, 1989 andrecorded in Liber 3559 cpo 142; by deed dOlled November 13, 1990, recorded in Libcr 3664 cpo321; and by deed dated June 1, 1990, recorded in Liber 3624 cpo 142; by deed dated August 24,1989, recorded in Liber 3559 cpo 151; and by deed dated October 19, 1994, recorded in Liber 3981cpo 107 and subject to an Expansion Inslallment Sale Agreement made by and between the City ofSyracuse Induslrial Development Agency as Contract Vendor, and DestiNY USA Holdings, LLC,as Contraci Vendee, dated as of February 1, 2007, as referenced in Memorandum of ExpansionInstallment Sale Agreement dated February 26. 2007, recorded March 23. 2007 in Liber 4987 cp119. The property subject to this Enyironmental Easement (the ~Control1ed Propcrty~) isapproximately 10.138 +/- acres, and is hereinafter more fully described in the Land Tille Surveydated August 31, 2011, la'St revised September 22, 2011 prepared by C.T. Male Associates, P.C.,
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County: Onondaga Site No: C734 104 BeA Index No.: C734104-06-28
which will be attached to the Site Management Plan. The Controlled Property description andsurvey is set fOrlh in and auached hereto as Schedule A; and
WHEREAS, the Department accepts this Environmental Easement in order to ensure theprotection of public health and the environment and to achieve the requiremenls for remediationcstablished for the Controlled Property until such time as this Environmental Easemenl isextinguished pursuant to ECL Article 71. Title 36; and
NOW THEREFORE, in consideration of the mutual covenants contained herein and theterms and conditions of Brownfield Cleanup Agreement Index umber: C734 104·06·28, Grantorconveys to Grantee a permanent Environmental Easement pursuant (0 ECl Article 71, Title 36 in,on, over, under, and upon the Controlled Property as more fully described herein ("EnvironmentalEasement")
I. Pumoses. Grantor and Grantee acknowledge that the Purposes of Ihis EnvironmentalEasement arc: to convey to Grantee real property rights and interests that will run with the land inperpetuity in order to provide an effective and enforceable means of encouraging the reuse andredevelopment of this Controlled Properly at a level that has been determined to be safe for aspecific use while ensuring the performance of operation, maintenance, and/or monitoringrequirements; and to enSure the restriction of future uses of the land that are inconsistent with theabove-slated purpose.
2. Institutional and Engineering Controls. The controls and requirements Iisled in theDepartment approved Site Management Plan rSMP~) including any and all Department approvedamcndmenLS to the SMP are incorporated into and made part of this Environmental Easement.These controls and requirements apply to the use of the Controlled Propeny, run with the land, art:binding on the Grantor and the Grantor's successors and assigns, and arc enforceable in law orequity against any owner of the Controlled Property, any lessees and any person using theControlled Property.
A. <I) The Controlled Property may be used for:
Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrialas described in 6 NYCRR Pari 375-1.8(g)(2)(iv)
(2) All Engineering Controls must be operated and maintained as specified inthe Site Management Plan (SMP);
(3) All Engineering Controls must be inspected at a frequency and in a mannerdefined in the SMP.
(4) Groundwater and other environmental or public health monitoring must beperfonned as defined in the SMP;
(5) Data and information pertinent to Site Management of the ControlledProperty must be reported at the frequency and in a manner defined in the SMP;
(6) All fulure activities on the property that will disturb remaining
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contaminated material must be conducted in accordance with the SMP;(7) Monitoring to assess Ihe perfonnance and effectiveness of Ihe remedy must
be performed as defined in the SMP.
(8) Operation, maintenance, monitoring, inspection, and reporting of anymechanical or physical components of the remedy shall be performed as defined in the SMP.
(9) Access to the site must be provided to agents, employees or otherrepresentatives of the State of New York with reasonable prior nmice to the property owner toassure compliance with the restrictions identified by this Environmental Easement.
B. The Controlled Property shall not be used for Residenlial or Restricted Residentialpurposes as defined in 6 YCRR 375-1.8(g)(2)(i) and (ii), and the above-stated engineeringcontrols may not be discontinued without an amendment or extinguishment of this EnvironmentalEasement.
C. The SMP describes obligations that the Grantor aSsumes on behalf of Granlor, itssuccessors and assigns. The Grantor's assumption of the obligations contained in the SMP whichmay include sampling, monitoring, and/or operating a treatment system, and providing certifiedreports to the NYSDEC, is and remains a fundamental element of the Department's dctcrminationthai (he Controlled Property is safe for a specific use, but not all uses. The SMP may be modified inaccordance with the Department's statutory and regulatory authority. The Grantor and allsuccessors and assigns, assume the burden of complying with the SMP and oblaining an up-to-dateversion of the SMP from:
Site Control SectionDivision of Environmental RemediationNYSDEC625 BroadwayAlbany, New York 12233Phone: (518) 402-9553
D. Grantor must provide all persons who acquire any interest in the ControlledProperty a true and complete copy of the SMP that the Deparlmenl approves for the ConlrolledProperty and all Department-approved amendments 10 that SMP.
E. Grantor covenants and agrees that until such time as the Environmemal Easementis extinguished in accordance with Ihe requirements of EeL Article 71, Tille 36 of the EeL, theproperty deed and all subsequent instruments of conveyance relating 10 the Controlled Propertyshall state in at least fifteen-point bold-faced type:
This property is SUbject to an Environmental Easementheld by the New York State Department of EnvironmentalConservation pursuant to Title 36 of Article 71 of theEnvironmental Conservation Law.
F. Grantor covenants and agrees that this Environmental Easement shall be
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incorporated in full or by reference in any leases, licenses, or other instruments granting a right touse the Controlled Property.
G. Grantor covenants and agrees thai it shall annually, or such lime as NYSDEC mayallow, submit to NYSDEC a written slatemenl by an expert the NYSDEC may find acceptablecertifying under penalty of perjury, in such form and manner a... Ihe Depanmenl may require,Ihat:
(1) the inspection of Ihe site 10 confirm the effectivenes... of the institutional andengineering conlrols required by the remedial program was performed under the direction of theindividual set fonh at 6 NYCRR Part 375·1.8(hX3).
(2) the institutional controls and/or engineering controls employed al such site:(i) are in-place;(ii) are unchanged from the previous certification, or that any identified
changes to the controls employed were approved by the NYSDEC and that all controls arc in theDepartment-approved format; and
(iii) that nothing has occurred that would impair the ability of suchcontrol to protect the public health and environment;
(3) the owner will continue to allow access to such real property to evaluate thecontinued maintenance of such controls;
(4) nothing has occurred that would constitute a violation or failure to complywith any site management plan for such controls;
(5 the report and all attachment.. were prepared under the direction of, andreviewed by, the party making the cenificalion;
(6) to the best of his/her knowledge and belief, the work and conclusionsdescribed in this certification are in accordance with the requirements of the site remedial progmm.and generally accepted engineering practices; and
(7) the information presented is accurate and complete.
3. Right 10 Enter and Inspect. Grantee. ils agents, employees. or olher representalives of theStale may enter and inspect the Controlled Property in a reasonable manner and at reasonabletimes to assure compliance with the above-staled restrictions.
4. Reserved Grantor's Rights. Grantor reserves for ilself, its assigns, representatives, andsuccessors in interest with respect to the Properly. all rights as fee owner of the Properly,including:
A. Use of the Controlled Property for all purposes no! inconsistent with. or limited bythe terms of this Environmenlal Easement;
B. The right to give, sell, assign, or otherwise transfer part or all of the underlying fccinterest to the Controlled Propeny, subject and subordinate to Ihis Environmental Easement;
s. Enforcement
A. This Environmental Easement is enforceable in law or equity in perpetuity byGramor. Grantee, or any affected local governmenl. as defined in ECL Seclion 71-3603, againstthe owner of the Property, any lessees, and any person using the land. Enforcement shall not bedefeated because of any subsequenl adverse possession, laches, estoppel, or waiver. It is not adefense in any action to enforce this Environmenlal Easemenl that: il is not appurtenant 10 an
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intercst in real property; it is not of a character that has been recognized traditionally at commonlaw; it imposes a negative burden; it imposes affirmative obligations upon the owner of anyinterest in the burdened property; the benefit does not touch or concern real property; there is noprivity of estate or of contract; or it imposes an unreasonable restraint on alienation.
B. If any person violates this Environmental Easement, the Grantee may revoke theCcrtificate of Complction with respecI 10 the Controlled Property.
C. Granlee shall notify Granlor of a breach or suspected breach of any of the terms ofthis Environmental Easemenl. Such notice shall set forth how Grantor can cure such breach orsuspected breach and give Grantor a reasonable amount of lime from the date of receipt of noticein which to cure. At the expiration of such period of time to cure, or any extensions grantcd byGrantce. the Grantee shall notify Grantor of any failure to adequately cure the breach or suspectedbreach. and Grantee may take any other appropriate action reasonably necessary to remedy anybreach of this Environmental Easement, including the commencement of any proceeding..; inaccordance with applicable law.
D. The failure of Grantee to enforce any of the terms contained herein shall not bedeemed a waiver of any such term nor bar any enforcement rights.
6. Notice. Whenever notice to the Grantee (other than the annual certification) or approvalfrom the Grantee is required. the Party providing such notice or seeking such approval shallidentify the Controlled Property by referencing the following information:
County, NYSDEC Site Number. NYSDEC Brownfield Cleanup Agreement. Slate AssistanceContract or Order Number. and the County tax map number or the Liber and Page or computerizedsystem identification number_
Parties shall address correspondence to:
With a copy to:
Site Number: C734 104Office of General CounselNYSDEC625 BroadwayAlbany New York 12233·5500
Site Control SectionDivision of Environmental RemediationNYSDEC625 BroadwayAlbany, NY 12233
All notices and correspondence shall be delivered by hand. by registered mail or by Certified mailand return receipt requested. The Parties may provide for olher means of receiving andcommunicating notices and responses to requests for approval.
7. Recordation. Grantor shall record this instrument, within thirty (30) days of execution ofthis instrument by the Commissioner or her/his authorized representative in the office of therecording officer for the county or counties where the Property is situated in the manner prescribedby Article 9 of the Real Property Law.
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Coun ite 0: B lnde 0:-
Amendment. An amendm nt to Lhis En ironmental Easem m rna onI bee ut d bthe Commis ioner of thCommi ion r' Designeecounti here the PropertLaw.
e ork lat D partment of Environmental Con rvation or theand rued ith the office of the recording officer for th un or
ituated in the manner prescribed by Article 9 of the Real Prop rt
9. Ex' gui hment. Thi Environmental Easement may be extinguished onl b a relea e bthe Commission r 0 the ew York tate Department of Environmental n. ervation, r theCommissioner's Designe andfil d with the office of the recording officer for the count orcountie where the Prop rty i. ituated in the manner prescribed by rli Ie 9 of the R al Prop rtLaw.
10, Joint Obligation. If there are two or more partie identified as Grantor herein theobligation. impo ed by thi in trument upon them shall be joint and several.
IN WITNESS WHEREOF, Grantor has caused this instrument to be. igned in its name.
On the in the year 20 b for m Ih under i n dpe onallyappear d , personall known to me or pro cd to m on th b io[a[i factory e idenc to be the dividual) who e name is (are) ub ribed to the withininstrument and ackno ledged to me that hel he/they executed the .' me in hi '/her/theircapacity(ies and that b hi /h r/their 'gnature() on the in [fUment the indi 'dual() or theper on upon behalf of whi h the indi idual( ) acted executed the in trument.
Title:..-:-=:....:...:..::==__ Date: 0(,\J,('(" n I Jol \
Grantor's cknowledgment
T TEOF W YORK )) ..
COUNTY OF C DI1 o...o.gGl )
On the \11"" toter in lh year 20 lL before me the undersigned,per onallyapp ared \ A. tQl1t1Y'\ per onally known to me or proved to III on the ba j
of ati fa tor evidence to be the individuaJ( ) who e name is (arc) ub cribed to the ithinin trument and acknowledged to me tbat hel he/the executed the arne in hi er/theircapacit (ie) and that by his/her/their ignature( on the in trumen tbe individual or [heperson upon behalf of \i hieh the indi iduaJ( ) acted e ecuted the in lrumenL
tate of ew YorkEUZABEJ1ll FAUOfI
Notary Pubic, state of New YQualified in Onondaga Co. No, OtfA 6721
Commission Expires March 1, 20
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County:
THIS E
TATE OF NEW YORK )
COUNTY OF ALBANY )
David J. Chfus1mOtary Public.. State of New
No. OlCH5032146Qualified in nectady Co
Commissio Expires August 22, 20
ite 0:
Grantee's Acknowledgment
Be Inde 0:-
THEth 0 P rlm nt of
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SCHEDULE"A" PROPERTY DESCRIPTION
Property Address: 306 Hiawatha Boulevard West, Syracuse, Onondaga CounlY, Stale of NewYorkTax Map: 114. -02 - 05.7 (pan of)
ENVIRONMENTAL EASEMENT ARL\Oil CllY/CAROUSEL, CENTER· PHASE I SITE fC734l~
A1!\hat(erlaln tract. pip.ce or p.lrcel oll.lod sItuate. Iymg Jnu tH';ne in the Clly ofS)'Ta<:use, Count)' o( Ononuag.t.. Stilte of New York. lying gl':nl'rally WC'slC'rly ufIntcrsbte RoulC' 81, Northeast.erly of \he Nl.'W York Siale &lrge Carwl olnu Southcllstl.'Tl)'o( thl' IJnds of the ConsoUdatl.-d R.lil Corporation. being II p<Jrtion of 1.01 IlL uf tht·ColTouscJ Center Subdivision as shown on a resuh<!l\'jsjO\1 plan of till' Cilrou:.el Cenll"Subdivisiun tt1('d as Mal' NlUllber 9855 in the Ononda/;a County Clerk's Office. ilndl'Cin& olore p.lrli,·u1arly OOUIIUl.>d atId ul."S<:ribed ,IS follows:
COMMeNCING at the point of InteCM'ction of lIle divjsioll1J..ne between the lands of thl"N('w York Stilte Barge ClImd On till.' souUtwest ,md 1.0\ IlL or thE' Carousel CenlcrSubdivision on the- northeaSI with IIle northwt'stcrly Dlilrgin of Hi,IWilth'l Boulc\'MdWest as shown on Solill ",subdivision pLul;
Thena- Norlh 13 dcg. 36 DUn. 44 X"C. Eut. !hrour)1 said Lol ilL, 415.~ ll!('.l to lht'POINT OF BEGINNING of lh~ ht'remilflu dctiCribed parcel;
Then(~ lhrough said Lot IlL lind along its w~terly tine In part the follOWing eight~ ·n'll
(85) CUun;e'S and distances:
n North 49 de&- 36 nun 1.9 sec. Wesl .14.99 red 10 .l. point lhenre1) North 40 drs. !} min. 31 5«. East 1.97 (ftllo ,1 point; thenre3) Norlh 49 des J9 mm. 22 sec. West 156.96 fft'IIo.l point; thellC'l'..,South 40 dCl} 20 min. 3S.'>@C. West 2.09 f«llo a poinl: then.e5) North"9 d 15 min. OJ sec. West 41.72 fffi to a point theoct'6) North 00 dC1:. 34 min. 128«. West 0.97 (eet 10 a point; then<:e7) North 82d~ 09 min. 03 sec. Wesl 26.05 ft'd to a point thence-8) North (fi dq;. 52 min. 165«. Easl 35.46 feel 10 .. point;~9) South S1 deg. O'i' min. ~ 5eI:. wt 6.30 fe.tollo a point; then«:'10} North r:r; deg. 04 min. !B!ieC.". East 18.76 fed 10 a point; thent'e11) North 82 dt'g. Oi min...&-I sec. Wfit 6.04 (<<110 a pennl: lhenreUj North CJ7 deg. 52 uun. 165«. £.lsi 18.08 feCI to a paint; thence0) North 51 deg. 10 DUn. 1.1 sec. East 1.~ (",110.1 point; thenrel-I)South 37 deg. 04 tnin.l4 SK. EoiSI .1.00 (eel to a point; !hl.'r,,:e15) North 52 deg. 55 min. 26 sec. ust 11.99 feel to. POUlt. Ihencp16) North 37 deg. J; 1DUl."9 $«. Wesl 3.98 feel 10 a point; thenreIn North O'i' deg. 35 nun. 57 sec. £lsi 19.97 feet to a point; thence18) North 5..j dc-g. 50 nun..$8 5«. East 4.01 ffilt 10 a point: lhence19} North 36 de&- .11 utin. 10 sec. Wesl 11.99 feel 10 a roint; thence2O)South 53 deg. 17 nun. 50 5e(". Wt'51 .1.00 feott 10 iI point; thence11} North 36 deg..I2 1DUl. 10 sec. Wesl 2.26 feet to a puint; t.ben...e21) North IJ7 JI'g. 52 m.m. 16 sec- £ist 131..30 feet to a point thence~)Soulh 82 deg. (J7 mIn. .J5 sec. East 53.96 (eet to 01 point; thence2.1) North (f7 deg. 52 min. 16 Sot'(. EaM 301.43 feel 10 :a point thence
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l5)South 79 deg..JJ nun. 13!;«, ust 0..96 fftllO a point; thence26)Soulh 37 rJeg. 32 min..w Srt. ust 26.90 f~l to a point;lh~271 North 47 deg. 29 min. 01 we. East 0.62 feri to a I>oint; thence2S)Soulh 82 deg. 30 min.,3.,\ sec. £.1st 13.80 feet 10" point; theMe29)South 37 deg. (l.I QUl\. 37 5«'. .l.oo"t 0]8 feet 10 it point; thence30) Norlh 52 <leg. 55 min. 23 sec. ust rJ.13 f~t to it point; thence31) North 37 deg. (l.I min.37 sec. W~t 0.73 feel to it point; thence32) North U7 deg. 32 min. 59 sec. f..lst 13.80 feet to it point; thence33) North 46 deg. 40 min. 50 sec. East 0.68 feel to ,1 poinl; thenel':34) North 40 deg. 17 mIn. 58 sec. West 27.00 f('(!t to .. point; thelll'e35) North 08 deg. 32 ntin. 21 sec East 2.59 feet to 11 point; then"!'36)South 82 deg. rn min. oW sec. E.ist 7.01 feet Wil point; !.henn'37) North 07 deg. 52 nUn. 16 Sl:!C. Eatst 35.49 (e('1 to il r0inl; thenc!'38)South 82 ucn. rn nUn. 44 S('c. Eilsl 1.52 feet to it point; UWIKe.W) North 07 deg. 52 ntin. 16 sec. East 45.53 (eet to.1 point; thence40) South 82 dcg. 07 min. 4.,J S(,'c. East 92.67 feet to a point; th...nce41) NorUI 07 deB. 52 min. 16 sec. East 194.00 feet to it point,; thence42) NorUl 82 deg. 07 n\ill.:l4 5«. West 121.00 feet 10 a point; UIl'IICe43) North 07 deg. 52 mln. 14 Sf!C. l':',lIsl 230.60 r(~t 10 a point; thenrr-14) Soulh H2 deg. 09 nUll. 55 S(l(. Ea"t [9.02 rel't to a point; t'hen«·45) North 07 deg. 54 min. 33 set. F,otst 24.96 fect to a point; thence46) North 82 dl'g. 13 ntiJI. 45 sec. West 19.1H feci to a point; thellce47) NOTth 07 deg. 52 min. 14 51.'<. East 15.U3 feel to a point,; thence43)South 82 des. 07 min. 44 sec. East 168.50 feet 10 a POlllt; thrnce491 North Oi deg. 52 min. 16 sec EilSt li.90 feet to a point then('(>5OISouth 82 Jeg. 12 n\ill. n sec. Ea.st 17.10 feet to a l'Oint; thenO!51) North 68 deg. (J.I ntiJI. .w sec. I:.I.sl 12.12 ft'el to a point,; then,;:..52)SoUUl 22 .Ieg. (J7 min. 42 hl"£. East 6.93 fed 10 a point,; tlwl.lCl?53)South 82 deg. 11 nun. 33 we EaSI 4.96 f~t to a point thenc"e5-J)Soutb f17 de&- 53 min. 09 sec. West 202 feel to d paint; tbelll~55)Soulh 82 deg. 06 min.'1~ EaSI 11701 feet to a polll!; thl!nCt'56) North 01 deg. 53 min. 09 sec. ElIsl 1.96 feel to a point thence57) Sou Ih 82 Je&- (J.I nUn. 46 sec. East 44.91 feet 10 il point; lhence58) Soutb (JJ deg. 5tlmin. II sec.. West -U.86 feet to a point; thrru::1'59) North 32 deg. (J.I min. 2:3lieC. West 1.79 ff'ello" poml; then«6O)South lY7 deg. 55 min. 37 sec. West 237.14 feel tD a I'0int; thellO!
61)~th84 deg.37 nun. 05«. fast 1.99 feel toa point thence6!)Scmth lY7 deg. -11 mtn. ~7 5«. West 39.31 fl"l"t 10 a point thence63) Sou th 82 deg. 02. mln. 28 sec. £.allOt 74.91 feet to .. point; theoceM) North CTi deg. 57 Il11ll. 32 arc. £itsl 1.981eE'11o a .>ow1; thfa1ce03) Sou tb 82 d.eg. (J.I min. J5 sec. E..sI oi-I.95 feet to .. paint; thenre66)~thlY7 deg. 51 DW\, (J.Isec.. West 45..57 feet to a point; tlrn,-"i.'67) orth &5 deg. JZ m.ln.. CTi sec. Wf:S/. 1.93 feet to a p<lint tbnlCe08)South CTi deg. 49 min. 42 sec. West 196.38 feet to a poutt; t1wn<:e69)South 81 des- 15 min. 26 5K. Easl 1.88 fefl to a point; thmce7OlSouth rn deg. 47 QWl. O7!IK. West 69.62 feet to J. point; tbeu~71 )South 41 deS-:5 min. 56 sec.. WMt 3A2 feet to a point; thence
SCA Index No:·
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County: Site No: SCA Index No:-
[6111]
11)South 49 d~g. 35 min. 36 sec. East 3133 feco:l to ... point thcnc~73)South.w deg. O'J min. -1-1 sec. West .-1-,1.99 feel 10 • poUll; thcn('l'74) North 49 dt'g. 50 min. 16 5K West 200 feel to • pomt; tbenu75)South 40 deg. 20 min. 30 see. West 117.05 ft'l!t 11J;II pomt; lht'nct'i6)South 49 d~g. 39 min. 30 sec. East 2.38 feel to a pomt; thl!l'Kt'77ISoulh 40 deg. 20 min.).l, sec. West .u..B9 f~lle.t point; thrnc:1!'73) North 49 des. 39 min. 30 sec. West 2.3S feet to d point thence7'9ISou,th 40 de&- 23 min. 11 sec. West 117.18 floel to ~ pomt; thmn.·SOl South 49 deg. 39 min. 30 5«. Easl 2.38 (eM to iI point; thl'llCi!'81 )Soulh 40 des. 2-i 0Ul'l. 48 SK. Wt'51 42.84 feet Ie d point; thence82) North 49 dt'g. 39 min. 30 St'i.':. West 2.38 ft'el to a point; then«.&3)Soulh40deg. 23 min. 59 sec. West 237.14 ftetto il point; thence8.I)SoUtll 49 deg. 36 min. 34 sec. usl 2.00 feet to a point; .md85) South 40 dl'g. 13 min. 31 sec. West 4-1.84 feella the point or pLH'1' of ~glnninl;'
