HomeMy WebLinkAboutPK05-104 - Original - Northwest Media, L.P. - Hawley Road Parking Lots - 11/17/2004 ecords M eme
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WA9 NINOTOM
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, U you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: KIm &U-niz
Contract Number: PkOs_ Ifl
This is assigned by Mary Simmons
Vendor Number: 333 7e-I
Project Name:
Contract Effective Date: 1 f ZI ds
Contract Termination Date: //4/77ZOL9'
Contract Renewal Notice (Days): a S /' �
Number of days required notice for temil6ation or renewal or amendment
Contract Manager: 11� 4!!!i4A57A"
Department: i°f'L / �ihis 9` ,0~44r�e�
Abstract:
ADCL7832 07/02
COOPERATIVE PARKING AGREEMENT BETWEEN
THE CITY OF KENT AND
NORTHWEST MEDIA(Washington),L.P.,
dba KING COUNTY JOURNAL NEWSPAPERS
This Cooperative Parking Agreement (hereinafter "Agreement") is made as of the 17th
day of November 2004 (the "Effective Date"), by and between the CITY OF KENT, a
Washington municipal corporation(the "City"), with offices located at 220 - 4th Avenue South,
Kent, Washington 98032-5895 and NORTHWEST MEDIA (Washington), L.P., an Oluo
limited partnership, dba King County Journal Newspapers (the "Journal"), with offices located
at 600 Washington Avenue South,Kent, Washington 98032 -5707.
1. Purpose. The purpose of this Agreement is to reduce to writing the
understanding reached by the parties to construct and share use of the proposed Hawley Road
Parking Lots (as defined below) that will jointly serve the needs of both the City and the
Journal.
2. Property Description. The City owns Riverwalk Park, currently undeveloped,
and located directly south of the existing parking lot owned by the Journal as shown on
Exhibit A attached and incorporated by this reference (the "Journal Parking Lot'). The legal
description of the real property owned by the City and comprising a portion of Riverwalk Park
is set forth on attached Exhibit B. The Journal Parking. Lot is located directly north of
Riverwalk Park as shown on attached Exhibit A and incorporated by this reference. The legal
description of the real property owned by the Journal and including the Journal Parking Lot is
set forth on attached Exhibit C (the "Journal Property").
3. Parking Lot Construction. Within 365 days of receiving final permit approval,
the Journal shall build an eighteen (18) stall parking lot on the Riverwalk Park property (the
"Parking Lot"), as depicted on attached Exhibit D and incorporated by this reference, as an
addition to the Journal Parking Lot. Together the two parking lots shall be known as, and are
referred to herein as, the "Hawley Road Parking Lots." The Journal shall design and construct
the Parking Lot in accordance with the Kent City Code and all other applicable local, state and
federal laws, rules, and regulations. The Journal will pay all costs associated with the design,
Riverwalk Cooperative Parking Agreement-Page 1 of 10 (November 17, 2004)
(between City of Kent and King County Journal)
permitting, and construction of the Parking Lot. The City shall be the owner of Riverwalk
Park and the Parking Lot. The Journal shall remain the owner of the Journal Parking Lot. The
Journal shall not allow any liens to be filed against the Parking Lot, and if any liens are filed,
the Journal shall have the same released within thirty(30) days, provided that the Journal may
obtain a bond in accordance with Washington law in order to effect the release of any such
lien.
4. Parking Lot Usage. The Journal will be the primary user of the Parking Lot on
Mondays through Fridays from 8:00 a.m. to 5:00 p.m. ("Prime Journal Hours"). The City will
be the primary user of the Parking Lot on Saturdays and Sundays, and after 5:00 p.m. and
continuing until 8:00 a.m. on Mondays through Fridays ("Prime City Hours"). The Journal
will be the primary user of the Journal Parking Lot at all times.
If the Journal needs to use the Parking Lot during Prime City Hours or the City needs to
use the Parking Lot during Prime Journal Hours, such parking shall constitute overflow
parking. Overflow parking, as opposed to primary use parking, will be subject to the needs of
the primary users. Both parties agree to cooperate with each other to allow for maximum use
of the Hawley Road Parking Lots in a manner that creates the minimum impacts to the primary
users. Each party may use the other party's parking lot on an overflow basis subject to the
following conditions:
A. The Journal may use the Parking Lot on Saturdays and Sundays with 24
hour notice given on weekdays during the hours of 7:30 a.m. to 4:00 p.m, to and approval from
the Kent Parks, Recreation & Community Services Department (the "Department"), which
approval shall not be unreasonably withheld, conditioned or delayed. In the event of an
emergency, the Journal may use the Parking Lot on Saturdays and Sundays without notice to or
approval from the Department,but shall inform the Department on the next business day of the
Journal's use of the Parking Lot.
B. During Prime Journal Hours,the City shall first park in the Parking Lot. If
the Parking Lot is full, then the City may use vacant spaces in the Journal Parking Lot on a first
come first served basis.
Riverwalk Cooperative Parkmg Agreement-Page 2 of 10 (November 17, 2004)
(between Cary of Kent and King County Journal)
5. Maintenance Utilities and Repairs.
A. The Journal shall be responsible for picking up trash and general cleaning
of the Parking Lot in a manner and frequency consistent and concurrent with the Journal's
current cleaning program for the Journal Parking Lot. The Journal shall have the right, but not
the obligation, at the Journal's sole cost and expense, to place trash receptacles adjacent to the
Parking Lot. Trash receptacles shall conform to the City standard trash receptacle model and
installation method. The Journal shall be responsible for disposal of trash in receptacles in a
manner and frequency consistent and concurrent with the Journal's current trash disposal
program for the Journal Parking Lot,but no less frequent than once a week.
B. The Journal shall pay for all design, permitting and installation of lighting
in the Parking Lot, and for the electricity provided to light the Parking Lot. Any Parking Lot
lights shall operate by photocell on the same time schedule as the lights on the Journal Parking
Lot. Electricity shall be metered through meters on the property owned by the Journal, subject
to permitting conditions.
C. The City shall make all Repairs to the Parking Lot. "Repairs" may
include, but are not limited to (i) a recoating of asphalt every five (5) years; (ii) an application
of an asphalt overlay every ten(10) years; and (iii) other typical repairs expected for a parking
lot owned by the City, including, but not limited to, sealing, asphalt resurfacing, re-striping,
repair of vandalism and removal of gang tags or signs and all other gang indicators, all in a
manner consistent with the City's maintenance programs for parking lots. The City shall
provide written notice to the Journal at least thirty (30) days prior to undertaking any Repairs
("Notice of Repairs"). The Notice of Repairs shall state the commencement date for such
Repairs; the actual Repairs being completed; the duration of the Repair work and whether the
City intends to close off any portion of the Parking Lot for such Repairs. If the Parking Lot
needs Repairs, the Journal may send a written request for Repairs to the City ("Request for
Repairs"). The Request for Repairs shall state the nature of the requested Repair. The City
shall have thirty (30) days to respond to a Request for Repairs with a Notice of Repairs. The
City shall make the determination if the repair is to be performed, such determination not to be
Rrverwalk Cooperative Parldng Agreement-Page 3 of 10 (November 17, 2004)
(between City of Kent and King County Journal)
unreasonably withheld, conditioned or delayed. The Journal and the City shall split the cost of
all Repairs on a 6040 basis with 60% of the costs being paid by the City and 40% of the costs
being paid by the Journal. The Journal shall remit its share of such costs within ten (10)
business days after receiving the City's invoice for the same.
6. License. The City and the Journal each grant the other a license to enter on their
respective portions of the Hawley Road Parking Lots for the purpose of enforcing the rights
and performing the obligations of each party under this Agreement.
7. Unauthorized Use and Closure. The Journal reserves the right to eject or cause
the ejection from the Journal Property any person or persons not authorized, empowered or
privileged to use the Journal Parking Lot pursuant to this Agreement or any portion of the
Journal Property. The Journal shall have the right to close off or block access to the Journal
Property from time to time, for such reasonable periods of time as may be necessary, to prevent
the acquisition of prescriptive rights by anyone.
8. Duration. This Agreement shall commence on the Effective Date and continue
until November 17, 2029 (the "Initial Term"). Either party may extend this Agreement for a
twenty-five (25) year term, terminating November 17, 2054 (the "Extended Term"). A party
desiring to extend the term of this Agreement shall provide the other party written notice at
least six (6) months prior to the termination of the Initial Term. If a party timely gives written
notice of its desire to extend the term of this Agreement, then this Agreement shall continue
into the Extended Term, and remain in full force and effect with the same covenants and
conditions as stated herein. If neither party has timely provided an extension notice to the
other six (6) months prior to the termination of the Initial Term, then this Agreement shall
automatically terminate,cease, and end at the end of the Initial Term.
9. Insurance; Indemnification; Subrogation.
A. The Journal shall carry casualty and liability insurance coverage for the
Journal Parking Lot in a manner consistent with the Journal's insurance of the Journal property
generally. The Journal's casualty and liability insurance policies for the Journal Parking Lot
shall name the City as an additional insured. The City shall carry liability insurance coverage
Rrverwalk Cooperative Parking Agreement-Page 4 of 10 (November 17, 2004)
(between City of Kent and King County Journal)
for the Parking Lot in a manner consistent with any other real property owned by the City.
Within five (5) business days of the effective date of this agreement, both parties shall provide
a certificate of insurance to the designated representatives.
B. The City shall defend, indemnify, and hold the Journal, its officers,
officials, employees, and agents (collectively, the "Journal Parties") harmless from any and all
liabilities, including claims, injuries, damages, or losses, including all legal costs and
reasonable attorney fees, incurred by the Journal Parties, arising out of or in connection with
the actions, omissions, negligence or willful misconduct of the City Parties (as defined below),
except for claims, injuries, damages or losses caused by the negligence or willful misconduct
of the Journal Parties.
C. The Journal shall defend, indemnify and hold the City, its officers,
officials, employees and agents (collectively, the "City Parties") harmless from any and all
liabilities, including claims, injuries, damages, or losses, including all legal costs and
reasonable attorney fees, incurred by the City Parties and arising out of or in connection with
the actions, omissions, negligence or willful misconduct of the Journal Parties, except for
claims, injuries, damages or losses caused by the negligence or willful misconduct of the City
Parties.
D. Whether the loss or damage occasioned to the Hawley Road Parking Lots
is due to the negligence of the Journal Parties or the City Parties, or any other cause, the
Journal and the City do each herewith and hereby release and relieve the other from
responsibility for and waive their entire claim of recovery for any loss or damage to the real or
personal property of either party located anywhere within the Hawley Road Parking Lots,
arising out of or incidental to the occurrence of any of the perils that are in fact covered by the
insurance policies described in Section 9(A) above. To the extent that the risks under this
Section 9 are in fact covered by insurance, each party shall cause its insurance carriers to
consent to such waiver and to waive all rights of subrogation against the other party.
Riverwalk Cooperative Parking Agreement-Page 5 of 10 (November 17, 2004)
(between City of Kent and King County Journal)
10. Designated Representatives. The parties to this Agreement may from time to
time appoint or reappoint a representative to act for them in the management of this
Agreement. However, pending such appointments, it is agreed that Butch Van Kirk (tel.: 253-
872-663) or his designee will represent the Journal, and the Director of the Department (tel..
253-856-5110)or his designee will represent the City. It shall be the responsibility of these two
representatives to address and resolve all issues that arise under this Agreement.
11. Non-Waiver of Breach. The failure of either party to insist upon strict
performance of any of the covenants and agreements contained to this Agreement in one or
more instances shall not be construed to be a waiver or relinquishment of those covenants and
agreements, and the same shall be and remain in full force and effect.
12. Resolution of Disputes and Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of Washington. If the parties'
representatives are unable to settle any dispute, difference, or claim arising from the parties'
performance of this Agreement, the exclusive means of resolving that dispute, difference or
claim shall be by filing suit in King County Superior Court, King County, Washington, unless
the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit
for damages arising from the parties' performance of this Agreement, the substantially
prevailing party shall be entitled to recover reasonable attorneys fees and all costs incurred in
connection with such claim or lawsuit, provided however, nothing in this paragraph shall be
construed to limit either party's right to indemnification under Section 9 of this Agreement.
13. Written Notice. All communications regarding this Agreement shall be sent to
the parties at the addresses listed on the signature page of the Agreement, unless otherwise
notified in writing. Any written notice hereunder shall become effective (a) three (3) business
days after the date of mailing by registered or certified mail, (b) the same day if sent by
facsimile or (c) the next day if sent by reputable overnight courier and shall be deemed
sufficiently given if sent to the addressee at the address stated in this Agreement or such other
address as may be later specified in writing.
Riverwalk Cooperative Parking Agreement-Page 6 of 10 (November 17, 2004)
(between City of Kent and King County Journal)
14. Assignment. Any assignment of this Agreement by either party without the
written consent of the non-assigning party shall be void. If the non-assigning party gives its
consent to any assignment, the terms of this Agreement shall continue in full force and effect
and no further assignment shall be made without additional written consent.
15. Modification. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and the Journal.
16. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the
terms of this Agreement shall prevail.
17. Recordation. This Agreement shall be recorded against the real property
comprising the Hawley Road Parking Lots at the sole cost of the City.
18. Purchaser/Mortgagee Provisions. Purchaser/Mortgagee Provisions. This
Agreement shall be subordinate to the lien of any financing now or hereafter encumbering the
Journal Property. At the request of the Journal, the City shall use reasonable efforts to, within
twenty (20) business days of such request, provide an estoppel certificate or subordination,
non-disturbance and attornment agreement and any other item reasonably requested by the
Journal, or any prospective purchaser or mortgagee of the Journal Property, confirming
whether (a) this Agreement is in full force and effect; (b) this Agreement has been assigned,
modified or amended; (c)the City knows of any default hereunder.
Riverwalk Cooperative Parking Agreement-Page 7 of 10 (November 17, 2004)
(between City of Kent and King County Journal)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
Effective Date.
CITY OF KENT: NORTHWEST MEDIA(Washington), L.P.,
dba KING COUNTY JOURNAL
NEWSPAPERS
By: 1A By: I- b. A;�- :
Ji4 White Horvitz Newspapers, Inc., an Ohio
Its: N#yor corporation
Address: 220 Fourth Avenue South Peter a. Horvitz, President and CEO
Kent, Washington 98032 Address: 600 Washington Avenue South
Phone No. (253) 856-5100 Kent, Washington 98032-5707
Fax No. (253) 856-6050 Phone No. (253) 872-6600
Fax No. (253) 854-1006
(Notary Acknowledgements Appear on Next Page)
P 1GnMLES\OpmPiks\0105-2004\[CCJoumi aR a alkCoopPatu%Agmmiat doc
Riverwalk Cooperative Parking Agreement-Page 8 of 10 (November 17, 2004)
(between City of Kent and King County Journal)
STATE OF WASHINGTON )
) ss'
COUNTY OF KING )
I hereby certify that on the day of , 2004, 1 know or have
satisfactory evidence that PETER A. HORVITZ is the person who appeared before me, and
said person acknowledged that he signed this instrument, on oath stated that he is authorized to
execute the instrument as the President of Horvitz Newspapers, Inc., an Ohio corporation, the
General Partner of NORTHWEST MEDIA (WASHINGTON), L.P., an Ohio limited
partnership and such execution to be the free and voluntary act of such party for the uses and
purposes mentioned in the foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written. _
i 5
NOTARY P M
IC, in and or the State of Washington
residing at p1t G!.
My appointment expires DQ—O&—Q
Riverwalk Cooperative Parkmg Agreement-Page 9 of 10 (November 17, 2004)
(between City of Kent and King County Journal)
STATE OF WASHINGTON )
)Ss.
COUNTY OF KING )
I hereby certify that on the�� y of 2004, I know or have
satisfactory evidence that JIM WHITE is the persoll who appeared before me, and said person
acknowledged that he signed this instrument, on oath stated that he is authorized to execute the
instrument on behalf of the CITY OF KENT as its Mayor, and such execution to be the free
and voluntary act of such party for the uses and purposes mentioned in the foregoing
instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
7 o ADTAgk% go x
�'• �A��C e a NOTARY PUB IC, in and for the State of Washington
residing at
My appointmen ires /a- —♦!�2 --v V
Riverwalk Cooperative Parking Agreement-Page 10 of 10 (November 17, 2004)
(between City of Kent and King County Journal)
Exhibit A
/ The Hawley Road Parkina Lots
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Exhibit B
Legal Oescrigtion of the Real Property Comprising Riverwalk Park
Area To Be Shared (excluding storm pond)
All that portion of the southwest quarter of Section 24, Township 22 North, Range
4 East, W.M., in the City of Kent, King County, Washington, described as follows:
Commencing at a cased monument at the intersection of the centerlines of SR
516 and SR 181, which intersection is known as SR 516 Engineer's Station
208+31.47 and SR 181 Engineer's Station 12+21.65, from which, a cased
monument with brass disk at the intersection of SR 181 and West Meeker Street
bears N00°47'42"E a distance of 1221.54 feet; thence south, along the centerline
of SR 181, S00047'42"W 974.62 feet; thence at right angles to SR 181
S89012'18"E 497.02 feet to the easterly margin of T.S. Russell Road (also known
as Hawley Road) and the TRUE POINT OF BEGINNING, said point also being
the beginning point of a line described in Record of Survey recorded under King
County Recording Number 9210299001; thence N67°02'54"E, along said line,
181.37 feet, more or less, to the westerly margin of P.S.H. No. 5 (SR 167) said
point being on a 10,890.00 foot radius, circular curve to the right from which point
the center of said curve bears 888010'22"W; thence southerly, along said
westerly margin and said curve, through a central angle of 0°27'07", an arc
distance of 85.90 feet; thence S67002'54"W 143.05 feet to the easterly margin of
said T.S. Russell Road said point being on a 920.00 foot radius circular curve to
the left from which point the center of said curve bears S64031'04"W; thence
northerly, along said easterly margin and said curve, through a central angle of
5000'11", an arc distance of 80.34 feet to the TRUE POINT OF BEGINNING
Containing approximately 12,935 square feet.
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Exhibit C
Legal Description of the Real Property Comprising the Journal Parking Lot
LEGAL OE3CRIP TtON
TAR LOT NUMBER- 2422D4-9185
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 24 TOWNSHIP 22 NORTH
RANGE 4 EAST,DESCRIBED AS FOLLOWS
COMUENCNC AT THE SOUTHWEST CORNER OF SW RUSSELL ROAD.DONATION LAND
CLAN ND 41 N SECTION 25 TOWNSHIP 22 NORTH. RANGE 4 NORTH,
THENCE NORM OP 4Y OD'WEST 1184 50 FEET ALONG THE NEST LINE OF SAID
OONATION VINO CLAN 14D 41 TO THE NOWHIFASL CORNER OF TRACT CONVEYED TO
OEM MU LEN BY DEED UNDER RECORDING NO 3133M
THENCE NORM IW 15'00'WEST ALONG THE NORM LINE OF SAID TRACT TO ITS
INTERSECTION WITH THE WEST MARGIN OF SR-167.AS CONDEMNED IN KID COUNTY
SUPERIOR COURT CAUSE NO 01332 AND THE PONT OF BEGINNING
THENCE CONTINUING NORTH W 15'DO'WEST 10 111E INTERSECTION WITH THE EAST
BANK OF THE GREEN RAER:
THENCE NORTHERLY ALONG SAID CAST BANK 70 THE SOUTH LINE OF TRACT
CONVEYED TO THE CRY OF VENT BY DEED UNDER RECORDING ND 7902050116
THENCE ALONG SAD SOUTH UNE EXTENDING EASTERLY 70 THE WESTERLY MARGIN
OF IS RUSSELL ROW)(MIA HOLEY RwOY.
THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO ITS INTERSECTION WITH ME
SOUTH LINE OF CC TH OMPSON ODNOION LAND CLAN NO 39 IN SAM SUBDIVISION,
THENCE EAST AND MOM ALONG THE SOUTH AND EAST LINE OF SAID THOMPSON
DONATION LAND CLAIM TO ITS INTERSECTION WITH THE WEST MARGIN OF SAID SR-167,
THENCE SOUTHERLY ALONG SAID WESTERLY NIACIN M THE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING MEIN THE RIGHT-OF-WAY OF T S RUSSELL
ROAD,
ALSO EXCEPT THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED UNE
DEC""AT THE INTERSECTION OF THE CENIERINE OF SECONDARY STATE
HIGHWAY NO 5-M (SR-181)WITH CEMERUNE OF SECONDARY STATE HXAIWAY NO 5-A
(SR-510
THENCE SOUTH OD' 47' 42'WEST ALONG THE CENTERTRf OF SAID SECONDARY SATE
HIGHWAY NO 5-M AND THE SOUTHERLY PROECTION 11EREOF 102327 FEET TO THE
NiERSECTgN WITH THE WESTERLY PROJECTION OF THE FENCE AS SHOWN ON
RECORD OF SURVEY UNDER RECORDING HIM W=19001,
THENCE SOUTH 89'01' 31'EAST ALONG SAN)UK 55272 FEET TO THE EASTERLY LNE
OF T.S. RUSSELL ROAD AS SHOWN THEREON:
THENCE NORTHERLY ALONG SAID EASTERLY LIE ALONG THE ARC OF A CURVE TO THE
RIGHT HNNG A RADIUS OF 300 FEET(RADML CENTER OF WHICH BEARS NORTH OF DO-
SS'EAST,MO FEET FROM 141E UST MENFICMEQ WIT).PASSING THROUGH A CENTRAL
ANGLE OF OF 00'34',AN ARC DISTANCE OF 2623 FEET TO THE PONT OF BEGINNING OF
HEREIN DESCRIBED U HIE,
THENCE MARGN 8B 39'00'EAST, 11572 FEET 10 A POINT ON THE WESTERLY LINE OF
PRIMARY STATE HIGHWAY NO 5 MID THE TERMINUS OF HEREIN DESCRIBED LIE(PER
CITY OF VENT LOT LIE AOJU WEWr NO LL-90-14.RECORDING NO 9005031242)
&W EXCEPT THAT PORTION LYING MORNAY OF THE FOLLOWING DESCRIBED LINE
COMMENCING AT A CASES MONUMENT AT THE INTERSECTION OF THE CENTERLINES OF
SR-516 AND SR-181 (MIA SR-516 ENCIEER'S STATION 208+31 47 AND SR-181
EMON ERS STATION 12421 65),FROM RICH A CASED NONUIENT WITH BRASS DISC
AT THE INTERSECTION OF SR-181 AND WEST MEEKER SIREET BURRS NORTH DOT 47'4Y
EAST,122159 FEET;
THENCE SOUTH MONO THE CEMIERLINE OF SR-181.SOUTH OB 47' 42'WEST, 974 62
FEET.
THENCE AT RIGHT ANGLE TO SR-181.SOUTH 88' 12' 19'EAST,497 02 TO THE EASTERLY
MARGIN OF TS RUSSELL ROAD AND THE POUR OF BEGINNING.
THENCE NORM EST Div 5A' EAST, 18135 FEET,MOTE OR LESS,TO THE WESTERLY
MARGIN OF SR-167 AND THE TCRYILIS OF HEWN DESCRIBED LINE
TOGETHER WANT THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 22,TOWNSHIP 22 NORTH.RANGE 4 FAST.DESCRIBED AS FOLLOWS
BEOIINIO AT THE NIERSECTION OF THE CENTERUIE Of SECONDARY STATE -
HIGHWAY ND 5-M(SR-161)MIN THE CENT AM OF SECONDARY STATE HIGHWAY NO
5-A(SR-516),
1HENCE SOUTH OD 47'42'WEST ALONG THE CENIERNE OF SAID SECONDARY SATE
NIGAIAY NO 5-M AND THE SOUTERLY PRp,ECIDN THEREOF 1823 27 FEET TO THE
NIEASECRON WITH THE WESTERLY PROJECTION OF THE FENCE AS SHOWN ON
RECORD OF SURVEY,RECORDING NO 8003219001
710"SOUTH BP 01'31'FAST ALONG SAD LIE 552.72 FEET TO 114E EASTERLY LINE
OF TS RUSSELL ROAD(HOLEY ROAD).AS ROAD IS SHOWN OF SAD RECORD OF
SUTAEY AND THE PONT OF SEOIWiC.;
THENCE CONTINUING SOUTH 89'01'31'EAST 11312 FEET TO A POINT ON THE
WESTMY LINE OF PRIMARY STATE HAMMY NO.5(SR-167),
THENCE NORTH MONO YAW RES y UNE MONO THE ARC OF A CURVE TO THE
LEFT NANINC A RADIUS OF 10090 FEET(RADIAL CENTER SEWING MORN ST DY 24 9'
NEST).PASSING THROUGH A CHORAL ANGLE OF 01'2Y 01 9,AN ARC DISTANCE OF
3495 FEET,
THENCE SWIM W 39'OD'WEST 11572 FEET TO A POINT ON THE EASTERLY LINE OF
SAID T.S. RUSSELL ROAD-
TWICE SOUTHERLY AOMG SAW EASTERLY UNE ALONG AN.ARC OF A CURVE TO THE
LEFT IIAVWG A MADIl4 OF 30O FEE7(RAOML CENTER 05ARM SOUTH W S/'27-EAST),
PASSING I IRQNGH A CENTRAL ANGLE OF 05'OD'3-1%AN ARC DISTANCE OF 25 32 FEET
TO THE POINT OF BEGINNING
Exhibit D
Plans and Specifications for the Parking Lot
Sheets A-1, C-1, C-2, C-3, C-4 and L-1
WILLIS STREET
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