..This instrument prepared by:. ~ Tune, Entrekin &. White, Attorneys 21st Floor, First American Center Nashville, Tennessee 37238 MASTER DEED trEu~ Z. ~.~L$ I~H ~ ~EGI~TEK TIIE CLOISTER AT ST. ]IENRY, (A Horizontal Property Regime) THIS MASTER DEED, made and entered into by ST~ HENRY’S PROPERTY DEVELOPMENT, INC., a Tennessee corporation, for convenience hereinafter referred to as the "Developer"; WITNESSETH WHEREAS, the Developer is the legal title holder of a sixty (60) year leasehold interest by virtue of a Ground Lease ¯ dated July 2, 1985, between James D. l~/iedergeses, Bishop of the Diocese of Nashville, as Lessor, and Developer, as Lessee (said Ground Lease being hereinafter referred to as the "Ground Lease") of certain real estate located in the County of Davidson, State of Tennessee, and described on Exhibit "A", Part I, attached hereto; and WHEREAS, the Developer has submitted its leasehold interest in~ adjoining parcels (Exhibit "A", Part II, attached hereto) to the provisions of the Horizontal Property Act of the State of Tennessee by Master Deeds of record in Book 6042, Page 602, and Book 6237, Page 665, Register’s Office for Davidson County, Tennessee; and ...........................
Transcript
..This instrument prepared by:. ~Tune, Entrekin &. White, Attorneys21st Floor, First American Center
Nashville, Tennessee 37238
MASTER DEEDtrEu~ Z. ~.~L$I~H ~ ~EGI~TEK
TIIE CLOISTER AT ST. ]IENRY,
(A Horizontal Property Regime)
THIS MASTER DEED, made and entered into by ST~ HENRY’S PROPERTY
DEVELOPMENT, INC., a Tennessee corporation, for convenience hereinafter referred to as
the "Developer";
WITNESSETH
WHEREAS, the Developer is the legal title holder of a sixty (60) year leasehold
interest by virtue of a Ground Lease¯ dated July 2, 1985, between James D. l~/iedergeses,
Bishop of the Diocese of Nashville, as Lessor, and Developer, as Lessee (said Ground Lease
being hereinafter referred to as the "Ground Lease") of certain real estate located in the
County of Davidson, State of Tennessee, and described on Exhibit "A", Part I, attached
hereto; and
WHEREAS, the Developer has submitted its leasehold interest in~ adjoining parcels
(Exhibit "A", Part II, attached hereto) to the provisions of the Horizontal Property Act of
the State of Tennessee by Master Deeds of record in Book 6042, Page 602, and Book 6237,
Page 665, Register’s Office for Davidson County, Tennessee; and ...........................
WHEREAS~ the Developer intends to .and does hereby submit itsleaseh01d interest
¯ in the real’estate described in Exhibit "A", Part I, and .all rights and privileges belonging.or
in anyway pertaining thereto (collectively hereinafter referred ~:o as the ’~Property")to the.
.provisions of the Horizontal Property Act of the State of Tennessee, for the express purpose
..of establishing thereon a horizontal property.regime; and
WHEREAS, .the Developer further desires to establish said horizontal property
regime for his own benefit and for the mutual benefit of all future owners or occupants of
.the Property or any part thereof, and intends that all future owners, occupants, mortgagees,
and any other persons hereinafter acquiring any interest in the Property shall hold said
interest subject to certain rights, easements and privileges in, over and upon said premises
and certain mutually beneficial restrictions and obligations with respect to the proper use,
conduct and maintenance thereof, as hereinafter set forth, all of which are declared to be in
furtheranceof a plan to promote and protect the cooperative aspects of residence on the
Property and are established for the purpose of enchancing and perfecting the v~lue,
desirability and attractiveness of the Property;
NOW, THEREFORE~ the Developer, as the.legal title holder of the real estate
interest hereinabove described, and for the purposes above set forth, declares as follows:
1. Definitions. As used herein, unless the context otherwise requires:
(a) "Act" means the Horizontal Property Act of the State of Tennessee.
St. Henry’s Property Development, Inc.6401 Harding RoadNashville, Tennessee. 37205
Notices sent to a Unit Owner shall be sent to the Unit.
-.+BOO+:I~S?SPt~E .208 .
The Association or Board may
designate .a different address or addresses for notices to them, respec.tively, by giving
written notice of such change of address to all Unit Owners. Any Unit Owner. may designate
a different address for notices to him by giving written notice to the Association. Notices
addressed as above shall, be deemed delivered when mailed by United States registered or
certified mail, or when delivered in person with written acknowledgment of the receipt
thereof.
Upon written request to the Board, the holder of any recorded mortgage or trust
deed encumbering any Unit shall be given a copy of all notices permitted or required by this
Master Deed to be given to the Owner or Owners whose Unit is subject to such-m0rtgage or
trust deed.
23. Severabili~y. If any provision of the Master Deed or Bylaws, or any section,
sentence, clause, phrase, word, or the application thereof in any circumstance, is held
invalid, the validity of the remainder of this Master Deed and the Bylaws and of the
application of any such provision, section, sentence, clause, phrase or word in any other
circumstances shall not .be affected thereby and the remainder of this Master Deed or the
Bylaws shall be construed as if such invalid part was never included therein.
24. Gender. Use of the words ’~is" or "her" herein are. made without regard to
gender, and the use of any gender shall be applicable to all genders.
25. Singular and Plural. Whenever used, the singular shall include the plural and
the plural the singular. - .....
26. Perpetuities and Restraints on Alienation. If any of the options, privileges,
covenants or rights created by this Master Deed shall be unlawful, void or voidable for
36
violation-.of the ¯ruleagainst .perpetuities, then such provision shall continue only until
twenty-one (21) years after the death of the survivor of the now living descendants of the
President ¯ of the United ....States, Ronald Rea~.an, .and Governor of Tennessee,
Lamar Alexander.
27. .Rights and Obligations. Each Grantee of the Developer, by the acceptance of
a deed of conveyance, accepts the same subject to all restrictions, eonditions,.eovenants,
reservations, liens and charges, and the jurisdiction, rights and powers ereated or reserved
by this Master Deed. All future Unit Owners and Occupants.shall be subject to and shall
comply with the provisions of this Master Deed. -Any restrictions or rules in the Bylaws
which are more than administrative in nature such as, but not limited to, reservations and
future rights of the Developer, are hereby ine0rp.orated into and made a part of this Master
Deed by reference. All rights, benefits and privileges of everycharacter hereby imposed
shah be deemed and taken to be covenant.s running with the Property, and shah bind a.ny
person having at any time an interest or estate in said land, and shall inure to the benefit of
such grantee in like manner as though the provisions of this Master Deed were recited and
stipulated at length in each and every deed of conveyance or contract for conveyance.
All present and future Unit Owners and Occupants of a Unit shah be subject to, and
shall comply with, the provisions of the Bylaws as they may be amended from time to time.
The acceptance of a deed of conveyance, devise or the entering into occupancy of any Unit
shall constitute an agreement that the provisions of the said Bylaws and any rules and
regulations promulgated thereunder, as they may be amended from time to time, are
assumed, accepted and ratified by such Unit Owner or Occupant, and all of such provisions
shall be deemed and taken to be covenants running with the Property and shall bind any
person having at any time any interest or estate in such Unit, as though such provisions were
recited and stipulated at length in each and every deed, conveyance or lease thereof.. .....
The terms .and conditions of the Master Deed, Bylaws andV~0~’----Si:~[rules and regulations may ....
be :incorporated by reference .in, and become part of, the agreement between any first
.mortgagee and any present or future Unit Owner who enters into such an agreement with a
~.first mortgagee. When so incorporated, any .default :in the terms and conditions of the
Master Deed, Bylaws and rules and regulations may be considered as a default by the first
mortgagee, whereupon said first mortgagee, after exercising its option to declare a default,
shall then have all of the..rights and privileges arising as a result of a defaultunder its
agreement .with said Unit Owner.
28, Trustee as Unit Owner. In the event title to any Unit is conveyed to a land
title holding trust, under the terms of which.all powers of management, operation and
control-of the Unit remain vested in the trust beneficiary or beneficiaries, then the
beneficiaries thereunder must be Unit Owners and will be considered the same for all
purposes and they shall be responsible for payment of all obligations, liens, or indebtedness
and for the performance of all agreements, Covenants and undertakings chargeable or
created under this Declaration against such Unit. No such conveyance to a trust or trustee
shall be made unless the mandatory requirements of Section 18 are complied with. No claim
shah be made against any such title holder trustee personally for payment of any lien or
obligation hereunder created and the trustee shall not be obligated to sequester funds or
trust property to apply in whole or in part against such lien or obligation. The amount of
any such lien or obligation shall continue to be a charge or lien upon the Unit and the
beneficiaries of such trust, notwithstanding any transfers of the beneficial interest of any
such trust or any transfer of title to such Unit. No transfer of any beneficial interest of any
such trust shall be made unless the rriandatory requirements of Section 18 are complied with.
29. Condemnation. In the event of a taking in condemnation or by eminent
domain of a part of the Common Elements, the award made for such taking shall be.payable
to the Board for and on behalf of the Association and all mortgagees-affected. If a majority
of .the Board in the~’ discretion, -~ith written consent .of .a majority Of the mortgagees
affected, .approve the repair ~andrestoration of such Common Elements, the Board shall
.arrange for ,the repair and restoration of such Common Elergents, and the Board shall
disburse the proceeds .of such award .to the .contractors engaged in such .repair and
-restoration in appropriate progress payments. In the event that the Board and the
Mortgagees do not approve the repair and commence restoration of Such Common Elements
within one hundred twenty .(120) days after taking by the public or private authority, the
Board shall disburse the net proceeds of such award on the basis of such Unit’s percentage of
ownership in the Common Elements to the Unit Owners and the Mortgagees as their
inter,rots may appear. ¯
30. Rights .Reserved. The Unit Owner’s right of enjoyment in the Common
¯ Elements and Community Facilities as herein created shall be subject to:
(a) The ri~ht of-the Association, as provided in its Bylaws, to suspend the
enjoyment rights of any member for any period during which any assessment .remains unpaid,
and for such period as it considers appropriate for any infraction of its published rules and
regulations; and
The right of the Association to charge reasonable fees for the use of
the parts of the Common Elements; and
(c) The right of the Association to diminish in any way or to dedicate or
transfer all or any part of the Common Elements to any public agency or authority for suc, h
purposes and subject to such conditions as maybe agreed to by the members entitled to vote
thereon, provided that no such diminution or dedication or transfer, determination as to the
purposes or as to the conditions thereof, shall be effective unless the Developer (his
successors or assigns) and members of the Association entitled to cast ninety percent (90%) .---.
of the total votes of all classes of .members entitled to vote has been recorded, agreeing to .. :..:.:.~
such dedication, transfer, purpose or condition; and
39
(d) The right of the Association to grant such easements and rights-of,way
to such utility companies or public agencies or authorities as it shall deem necessary for the
proper servic!ng.and maintenance of the:Common Elements and.the individual Units.
31. Federal National Mortgage Association ¯ Regulations. Notwithstanding
anything to the contrary contained in this Master .Deed or in the Bylaws, all terms,
conditions and regulations which are now existing, or which may be amended from time to
time, by the Federal National Mortgage Association ("FNMA"). pertaining to condominiums
are hereby ~incorpora.ted as terms and conditions .of the Master Deed and Bylaws and such
shall be governing upon the Propertyl the Developer, and the Association, so long as such
terms or conditions are not inconsistent with the laws of the State of Tennessee as found in
Tennessee Code Annotated, Section 64-2701, et__~. ~ as amended.
Specifically, without limitation upon the foregoing, the following declarations shall
be fully effective and controlling over any terms of the Master Deed or Bylaws which are in
conflict. Any portions of such Master Deed or Bylaws which are in conflict with this
paragraph, or any portion .of FNMA regulations pertaining to condominiums, are hereby
deleted and the following rights of mortgagees are itemized as follows:
(a) A first mortgagee under a condominium unit at his request is entitled to
written notification from the Association of any default by the mortgagor of such Unit in
the performance of such mortgagor’s obligations under the Master Deed, Bylaws, or any of
the condominium documents, which is not cured within sixty (60) days.
(b) Any first mortgagee of a condominium Unit who comes into possession
of the Unit pursuant to the remedies provided in the mortgage, deed of trust, foreclosure of
the mortgage or deed of trust, or deed in Lieu of foreclosure shall take the property free of
any claims for unpaid assessments or charges against the mortgaged Unit, which accrue
prior to the time such holder comes into possession of the Unit.
4O
(c) Unless two-thirds (2/3) Of the .first mortgagees and one hundred percent
(100%) of all institutional first mortgagees .(based upon One. (1):vote for each ~mortgage
owned), or owners (other .than .the Developer) of condominium .Units have given their prior
written approval, the Association shall not be entitled to:
(i) change the percentage interests of ownership of .all or any
condominium Unit or Unit Owners.
(2) Partition or subdivide any Unit or the Common Elements.
(3) By act or omission seek to abandon the horizontal property regime
of the Property, or encumber, sell or transfer, the Common Elements, .except for the
granting of an easement for public utilities or for other public purposes consistent with the
intended use of the Common Elements.
(4) Use hazard insurance proceeds for losses to any condominium
Property (whether to individual Units or Common Elements) for other than the repair,
replacement, or reconstruction of such improvements, except as provided by Tennessee
Code Annotated, Section 64-2718, in case of substantial loss to the Units and/or Common¯
Elements to the condominium project.
(d) First mortgagees shah have the right to examine the books and records
of the Association and/or the condominium project, and shall further be entitled, upon
written request, to a financial statement of the Association for the immediately preceding
fiscal year.
(e) An adequate reserve fund for maintenance, repair and replacement of
Common Elements which must be replaced on a periodic basis.will be established and funded
by regular monthly payments rather than by special assessments.
(f) As set forth in Tennessee Code Annotated, Section 64-2720, all taxes,
assessments and charges which may become liens prior to the first mortgage under the laws
of the State of Tennessee shah relate only to the individual condominium Unit and not to the
condominium project as a whole.
41
(g) , No Unit :Owner, or any other party shall have priority over any rights of
.the first mortgagees of condominium Units and/or Common Elements.
(h) Any agreement for professional management of the condominium
project, whether it be by the Developer, its successors and assigns, or any other person or
entity, may be terminated without cause, and/or penalty upon ¯ninety (90) days’ written notice
and the terms of any such contract shall so provide and shall not be of a duration in excess
of four (4) years.
(̄i). Upon written request to .the Association identifying the name and
address of the holder of any first deed of trust and/or FNMA and the subject Unit number or
address, any such holder and/or FNMAwill be entitled to ¯timely written notice of:
(I) Any condemnation¯ loss or any casualty loss which affects a
material portion of the Property or any Unit estate on which there is a first mortgage held,
insured, or guaranteed by such eligible mortgage holder or eligible insurer or guarantor, as
applicable;
(2) Any delinquency in the payment of assessments or charges owed
by an owner of a Unit estate subject to a first mortgage ~held, insured or guaranteed by such
eligible holder or eligible insurer or guarantor, which remains uncured for a period of sixty
(60) days;
(3¯) Any lapse, cancellation or material modification of any insurance
policy or fidelity bond maintained by the Association;
(4) Any proposed action which would require the consent of a
specified percentage of mortgage holders.
(j) The interest of a first mortgagee in a mortgaged Unit shall be superior
to the interests of any other person, group, partnership, corporation or entity of any kind,
including any interest the Board, the Developer or any Unit Owner may have in any portion ...~
of the premises, regardless of the nature of the interest or the manner in which it is
acquired. ¯
42
(k) .Notwithstanding the above, any first mortgagee, shall have all of the
rights granted to a £irst mortgagee herein, and in addition shallhave all of the rights
granted to an institutional first mortgagee under its Deed of Trust, and under the laws of
the State of Tennessee.
this
-IN WITNESS WHEREOF, the undersigned Developer has executed this Master Deed
¯"I~ day of October, 1985.
sT. HENRY’S PROPERTY DEVELOPMENT, INC.
~ - Treasurer
STATE OF TENNESSEE )COUNTY OF DAVIDSON)
Before me, the undersigned, a Notary¯ Public in. and for the State and County
aforesaid, personally appeared James O’Hara, with whom I am personally acquainted (or
proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged
.himself to be the Treasurer of St. Henry’s Property Development, Inc., a-Tennessee
corporation, and who acknowledged that executed the foregoing instrument for the purpose
therein contained by signing the name of the corporation by himself as Treasurer~ ~.:,~ ¯ . /
WITNESS my hand and official seal at Nashville, Tennessee, thi~~’"~.~.~
~-~.e ,,--~ 4.~e..~ , 1984.
My commission expires:
43
TABLE OF CONTENTS
Section
MASTER DEED
FOR
THE CLOISTER AT ST. HENRY,
PHASE IC
¯ (A Horizontal Property Regime)
Title Page No.
1
2
3
4
5(a)
5(b)
SCe)
6
7(a)
7(b)
8(a)
8(b)
8(c)
8(d)
Definitions
Submission of Property to the Act
Plat
Units
Association Of Unit Owners and Administration and Operationof the Property
Management of the Property
Initial Management Contract
Apartments for. Building Personnel
Use by Developer
Non-Liability of the Directors, Board, Officers and .Developer
Board’s Determination Binding
Ownership of the Common Elements
Ownership of the Community Facilities
General Use of the Common Elements
Roads and Driveways
Parking Spaces
Ingress and Egress Easements
2
6
6
6
7
8
8
8
8
9
9
9
10
10
11
.11
11
9(a)
9(b)
10(a)
lO(b)
10(e)
10(d)
ll
12
13
13(a)
13(b)
14
15
16
17
18
18(a)
18(b)
18(c)
iS(d)
18(e)
is(f)
iS(g)
iS(g)(1)
lS(~)(2)
iS(g)(3)
BODKGG’~5 p.~GE
Additional Phases of The Cloister at St. Henry
.Mutual Easements with Additional Phases
Common Expenses
Enforcement of Lien
First Deed of Trust .Protection
Additional Common Expenses
Deeds of Trust
Separate Real Estate Taxes
Insurance
Damage to the Community Facilities
Damage to Buildings and/or Common Elements
Maintenance, Repairs and Replacements
Alterations, Additions or Impro.vements
Decorating
Encroachments
Transfer of Unit
Unrestricted Transfers
Restriction on Leasing
Restriction on Transfers
Sale to the Developer/Failure of Unit Owner to Sell to aQualified Purchaser
Determination of Fair Market Value
Closing Procedure
Further Exceptions to Restricted Transfers
Holder of a First Deed of Trust
Right of Redemption
Right of Redemption and Right of Transfer Upon DefaultSuperior to Liens
2
21712
12
13
17
17
17
18
18
19
19
~.1
25
25
26
26
27
27
27
28
18(h)
~8(i)
18(j)
18(k)
1~(1)
19
20
21
22
23
24.
25
26
27
28
29
-30
31
Association’s Right to Purchase at a Foreclosure Sale orRedemption After Foreclosure
Financing of Purchase by Association
Sale of a Unit by the Association
Right of Developer to Cure Default
Miscellaneous
Use and Occupancy Restrictions
Remedies
Amendment
Notices
Severability
Gender
Singular and Plural
Perpetuities and Restraints on Alienation
Rights and Obligations
Trustee as Unit Owner
Condemnation
Rights Reserved
Federal National Mortgage Association
215
29
29
29
30
30
31
32
35
35
36
36
36
36
37
38
38
39
40
220
A parce! .of land in the First Civil District of Davidson County, Tennessee, and~eing more particularly described as follows:
Be~nning in the westerly margin of Vaughn’s Gap. road at a point southwesterly1,375.00 feet from the southerly margin of U. S. Highway 70S; thence, with said margin of
iVaughn’s Gap Road as follows: south .05 de~ees 12 minutes west, 576.24 feet to a point;southwesterly with a curve to the left, 223.96 feet, said curve having’ a central angle of 04degrees 25 minutes and a radius of 2,905.29 feet toa point; south 00.degrees 47 minuteswest, 119.64 feet to a point in the northerly line of SectionTwo, Warner Park Valley, ofrecord in Plat Book. 3600, Page 20, Register’s Office for Davidson County, Tennessee;thence, leaving said margin of road, north 84 degrees 45 minutes west, 190.00 feet to apoint; thence, north 82 degrees 17 minutes west, 276.70 feet to a point; thence, north 09degrees 30 minutes west, 280.00 feet to a point; thence, south 87 degrees 30 minutes west,85.00 feetto-a point; thence, north 02 degrees 30 minutes west, 85.00 feet to a point;thence, north 87 degrees 30 minutes east, 84.90 feet to a point; thence, northeasterly with acurve to the right, 155.00 feet, said curve having.a central angle of 42 degrees 17 minutes31 seconds, a radius of 2i0.00 feet and a chord of 151.51 feet at north 29 degrees 40 minutes31 seconds east, to a point; thence, north 34 degrees west, 80.00 feet to a point; thence,north 58 degrees 21 minutes east, 205.00 feet to a point; .thence, north 15 degrees 1.3minutes west, 60.00 feet to a point; thence, north 67 degrees eest, 120.00 feet to a point;thence, north 44 degrees 28 minutes east, 150.00 feet to a point; thence, south 84 degrees 48minutes east, 175.11 feet to the point of be~nning, containing 9.37 acres, more or less.
Being part of the-property conveyed to The Most Reverend William L. Adrian,Bishop of the Roman Catholic Diocese of Nashviile~ by deeds from Henry Neuhoff, of recordin Deed Book 2743, Page 71, and Book 3499, Page 292, Register’s Office for DavidsonCounty, Tennessee.
(PART If)
. SURVEYOR’S DESCRIPTION
THE CLOISTER AT ST. HENRYPhase .I-B
A parcel of l~nd in the First Civil District of Davldson County, Tennessee,and being more ¯particularly described as fol’|ows:
For point of beginning, start in the westerly margin of Vaughn~s Gap Road ata point southwesterly 1,375 feet from the Southerly marginof U. S.Highway 70, South, and;
Thence, N 84°. 48’ W, 175-11 feet to a point; the point beginning fo~ thesubject tract and an.exterior corner of Phase I-A of Lot No~. 2, TheCloister at St. Henry of record in Plat Book 5200, Page.656,R.O.D.C.,
Tennessee;
Thence, with the boundary of said Phase I-A as fo11.~ws: ..
S 44°-28’ W, i50.00 feet to a point;S 6~ 00’ W, 120.00 feet to a point;S l~° 13’ E, 60.00 feet to a point;S 58° 21’ W, 205.00 feet to a point;S 340 00’ E, 80.00 feet to a point;Southeasterly, .with a Curve tO the left, 155.01 feet to a point, saidcurve having a central .angle of 42° 17’ 31" and a radius of 210.00
feet;S 8?° 30’ W, 84.90 feet to.a point;S 02° 30’ E, 8S.00 feet to a point; -.N 8~ 2B’ E, 85.00 feet to a point;
Thence, S 09° 30’ E, 280.00 feet to a point in the.con~non boundary with theNashville Jewish Conxnunity Center tract; .
l~aence, with said common boundary N 82° 171 W, 202.77 feet to apoint;
Thence, continuing with said common boundary N 81° 09’ W, 295.00 feet to a
-point;
Thence, H 29O 03’ E, 225.48 feet to a point;
Thence, N 63° I0’ W, 76.22 feet to .a point;
Thence, N 3-2° 41’ E, 138.47 feet to a point;
¯Thence, N II° 03’ E, 125.21 feet to.a point;
Thence, N O~:} 17’W,.143-73 feet to a point;
Thence, N 05° 40’ E, 112.16 feet to a point;.
Surveyor’ s .DescriptionPage Two 222
Thence, S 85° 06’ E, 91.03 feet to a point;
Tl~ence, N 16° ~4’ E, 131.45 feet to a point;
Thence, N 420 08~ W, 109.37 feet to a point;
¯ Thence, N 56° 54’ E, 225.63 feet tO a point;
.TheCce, S .89° 18’ E, 255.00 feet to a point;
Thence, S 44° 13’ E, 358.55 feel: to the point of beginning.
Excluding from the above description, a con~non area for the proposed clubhousefacilities within the subject tract, beginning at a point S 51° 38’ W, 398.39
feet from the Phase I-B tract point of beginni.ng;
Thence, S 53° 42’ W, 227.36 feet to a poin.t;
Thence, N 6° 43’ W, 47.57 feet to a point;
Thence, N 07° 45" E, I14.46 feet to a point;
Thence, N 43° 581 W, 96.04 feet to a point;
Thence, S 48° 16’ E, 45.50 feet to a point;
Thence, S 48° .16’ E, 97.50 feet to the point of beginning.
Containing 0.50 acres, more or less, to be excluded from the subject tract;
Therefore, Phase I-B .tract Containing I|.30 acres, more or less, and being apart of the property conveyed tO the Most Reverend.William L. Adrian, Bishopof the Bn~an Catholic Diocese of Nashville, by deeds from Henry Neuhoff, ofrecord in Deed Book 2743, Page 71 , and Boor 3499, Page 292, Register’s Officefor Davidson County, Tennessee.
The above-described property is subject to such facts as an accurate titlesearch may disclose.
BARGE, WAGGON.ER, SUMNER AND CANNON
File No. 7679-03Septe~aber 7, 1983Revised February 21, I~8~
SURVEYOR’S DESCRIPTION
ST. HEWRY’S RETIREMENT COMMUNITYPhase I (Overall)
A parcel of land in the First Civil District of Davidson County, Tennessee, andbeing mbre particularly described as follows:
Beginning .in the westerly margin Of Vaughn’sGap Road at a point southwesterly1,375.00 feet from the southerly margin of U. S. Highway.70S;
Thence, with said margin of Vaughn’s Gap Road as follows ’
S 5~ 12’ W~ 576.24 feet to a point;Southwesterly with a curve to the left, 223.96 feet, said curve
baying a central angle¯ of 4° 25’ and a radius of 2,905.29 feetto a point; - : ¯
S̄ O0°. 47’ W, 119.64 feet to a point in the northerly line ofSectionTwo, WarnerPark Valley, jr..record in Plat Book 3600,Page 20, R.O.D.C., Tennessee; .
Thence, with said subdivision line and the northerly line of Nashville JewishCommunity Center property, of record in Deed Book 4021, Page 386,R.O.D.C., Tennessee, as follows;
~ .84° 45’ W, 190.00 feet to a point;~ 82° 17’ W, 479.47 feet to a point;N 81° 09’ W, 300.03 feet to a point; ..N 82° 23’ W, 200.00 feet to a point; ..N 83° 18’ W, 330.20 feet to a point; - .. "N 68° 38’ W, 27.37 feet %o the southeast corner oY Edwin B.
.Raskin,trustee, property, of record in Deed Book 4098, Page
386, R.O.D.C.,iTennessee; -
Thence, with the easterly line of said Edwin B. Raskin, trustee, property.N 7°
24’ E, 1,235.9 feet to a point .in the southerly margin of U. S. Highway70S; -
Thence, with said southerly margin, northeasterly with a curve to the.right,200.31 feet, said curve having a central angle of 4° 38’ 36", a radiusof 2,471.06 feet and a chord of 200.25 feet at N 54° 38’ 48" E, to apoint;
Thence, leaving said margin of highwa~,southeasterly with a curve to the ¯left,170.24 feet, said curve having a central angle of 48° 46’ 15u, a radiusof 200.00 feet and a chord of 165.15 feet at S 51° 31’ 36u E, to apoint;
Thence, S 75° 55’ E, 92.87 feet to a point;
:[hence, S 24°"07’W, 127.17 feet to a point;
Thence, S.2° 05’.W, 33.40 feet to a point;
Thence, S 38° 54’ E,..227.70 feet to a point;
Thence, S 73° 50’ .E, 81.07 feet to a point;
Thence, N 56° 54’ £’, .225.63 feet to a point;
Thence, S 89° 18’ E, 255.00.feet to a point; .,..
Thence, S 44° 13’ E, 358.55 feet to a point;
¯ Thence, S 84° 48" E, 175.11 feet to the ¯point of beginning.
Containing 37.45 acres, more or less, and being part of property conveyed to TheMost Reverend William L. Adrian, Bishop of the Roman Catholic¯ Diocese of.Nashville, by deeds from Henry Neuhoff, of.record in Deed Books 2743, Page 71,
and 3499, Page 292, R.O.D.C., Tennessee. .~The above description was not compiled from a property line survey, but fromdeeds, subdivision plats, highway plans, aerial maps and field measurements.
BARBE, WAGGDI~ER, SUMNER AND CAIINOIIFile No. 7679-01August 3, 1982Revised February 22, 1984
(PART IV) ~
The Cloister at St. Henry Community Facilities
225
A parcel of land in the First Civil District of Davidson County, Tennessee, andbeing m ore particularly described ~s follow:
Be~nning at a point so~th 51 degrees 38 minutes west, 398.39 feet from the PhaseIB point of begirmin~ thence, south 53 degrees 42 minutes west 227.36 feet to a point;thence, north 06 degrees 43 minutes west, 47.57 feet to a point; thence, north 07 degrees 45minutes east, 114.46 feet to a point; thence, north 43 degrees 58 minutes west, 96.04 feet toa point; thence, south 48 degrees 16 minutes east, 45.50 feet to a point; thence, south 48degrees 16 minutes east, 97.50 feet to the point of beginning, containing .5{3 acres, more orless.
