PURCHASE AGREEMENT
Champps Americana Restaurant - Columbus, OH (Easton)
This AGREEMENT, entered into effective as of the 14 of December,
2000.
l. PARTIES. Seller is AEI Net Lease Income and Growth Fund XX
Limited Partnership, which owns an undivided 59.1912% in the fee
title to that certain real property legally described in the
attached, Exhibit "A" (the "Entire Property") Buyer is Xxxxx X.
Xxxxxx and Xxxxxxxx Xxxxxx as tenants in common. ("Buyer").
Seller wishes to sell and Buyer wishes to buy a portion as Tenant
in Common of Seller's interest in the Entire Property.
2. PROPERTY. The Property to be sold to Buyer in this transaction
consists of an undivided 4.3957 percentage interest (hereinafter,
simply the "Property") as Tenant in Common in the Entire
Property.
PURCHASE PRICE. The purchase price for this percentage interest
in the Entire Property is $192,000 all cash.
4. TERMS. The purchase price for the Property will be paid by
Buyer as follows:
(a) When this agreement is executed, Buyer will pay $5,000
to Seller (which shall be deposited into escrow according to
the terms hereof) (the "First Payment"). The First Payment
will be credited against the purchase price when and if
closing occurs.
(b) Buyer will pay the balance of the purchase price,
$187,000 (the "Second Payment") at closing to the title
insurance company who shall close the transaction according
to the terms hereof.
5. CLOSING DATE. Closing shall occur on or before December 8,
2000
6. DUE DILIGENCES. Buyer will have until the expiration of the
fifth business day (The "Review Period") after delivery of each
of following items, to be supplied by Seller, to conduct all of
its inspections and due diligence and satisfy itself regarding
each item, the Property, and this transaction. Buyer agrees to
indemnify and hold Seller harmless for any loss or damage to the
Entire Property or persons caused by Buyer or its agents arising
out of such physical inspections of the Entire Property.
(a) The original and one copy of a title insurance
commitment for an Owner's Title insurance policy (see
paragraph 8 below).
(b) A copy of a Certificate of Occupancy or other such
document certifying completion and granting permission to
permanently occupy the improvements on the Entire Property
as are in Seller's possession.
(c) A copy of an "as built" survey of the Entire Property
done concurrent with Seller's acquisition of the Property.
Buyer Initial: /s/RFJ /s/ VJ
Purchase Agreement for Champps Americana Restaurant -
Columbus, OH (Easton)
(d) Lease (as further set forth in paragraph 11(a) below) of
the Entire Property showing occupancy date, lease expiration
date, rent, and guaranty's, if any, accompanied by such
tenant financial statements as may have been provided most
recently to Seller by the Tenant and/or Guarantors.
It is a contingency upon Seller's obligations hereunder that
two (2) copies of Co-Tenancy Agreement in the form attached
hereto duly executed by Buyer and Net Lease Income & Growth Fund
84-A Limited Partnership and dated on escrow closing date be
delivered to the Seller on the closing date.
Buyer may cancel this agreement for ANY REASON in its sole
discretion by delivering a cancellation notice, return receipt
requested, to Seller before the expiration of the Review Period.
Such notice shall be deemed effective only upon receipt by
Seller. If this Agreement is not cancelled as set forth above,
the First Payment shall be non-refundable unless Seller shall
default hereunder.
If Buyer cancels this Agreement as permitted under this
Section, except for any title insurance cancellation fees and any
liabilities under the first paragraph of section 6 of this
agreement (which will survive), Buyer (after execution of such
documents reasonably requested by Seller to evidence the
termination hereof) shall be returned its First Payment, and
Buyer will have absolutely no rights, claims or interest of any
type in connection with the Property or this transaction,
regardless of any alleged conduct by Seller or anyone else.
Unless this Agreement is cancelled by Buyer pursuant to the
terms hereof, if Buyer fails to make the Second Payment, Seller
shall be entitled to retain the First Payment and Buyer
irrevocably will be deemed to be in default under this Agreement.
Seller may, at its option, retain the First Payment and declare
this Agreement null and void, in which event Buyer will be deemed
to have cancelled this Agreement and relinquish all rights in and
to the Property or Seller may exercise its rights under Section
14 hereof. If this Agreement is not canceled and the Second
Payment is made when required, all of Buyer's conditions and
contingencies will be deemed satisfied.
7. TITLE. Closing will be conditioned on the agreement of a
title company selected by Seller to issue a commitment for an
Owner's policy of title insurance, dated within 24 hours of
closing, in an amount equal to the purchase price, insuring that
Buyer will own insurable title to the Property subject only to:
the title company's standard exceptions; current real property
taxes and assessments; survey exceptions; other items of record
disclosed to Buyer during the contingency period, zoning
ordinances, legal highways, and covenants, conditions,
restrictions, and easements of record..
Buyer shall be allowed five (5) days after receipt of said
commitment for examination and the making of any objections to
marketability thereto, said objections to be made in writing or
deemed waived. If any objections are so made, the Seller shall
be allowed eighty (80) days to make such title marketable or in
the alternative to obtain a commitment for insurable title
insuring over Buyer's objections. If Seller shall decide to make
no efforts to make title marketable, or is unable to make title
marketable or obtain insurable title, (after execution by Buyer
of such documents reasonably requested by Seller to evidence the
termination hereof)
Buyer Initial: /s/RFJ /s/ VJ
Purchase Agreement for Champps Americana Restaurant -
Columbus, OH (Easton)
Buyer's First Payment shall be returned and this Agreement shall
be null and void and of no further force and effect. Seller has
no obligation to spend any funds or make any effort to satisfy
Buyer's objections, if any.
Pending satisfaction of Buyer's objections, the payments
hereunder required shall be postponed, but upon satisfaction of
Buyer's objections and within ten (10) days after written notice
of satisfaction of Buyer's objections to the Buyer, the parties
shall perform this Agreement according to its terms.
8. CLOSING COSTS. Seller will pay one-half of title insurance
closing fees, the cost of the title commitment and any brokerage
commissions payable. The Buyer will pay the cost of issuing a
Standard Owners Title Insurance Policy in the full amount of the
purchase price. Buyer will pay all recording fees, one-half of
the title insurance closing fees, and the cost of an update to
the Survey in Sellers possession (if an update is required by the
title insurance company or Buyer.) Each party will pay its own
attorney's fees and costs to document and close this transaction.
Each party will pay 1/2 of the County Auditor transfer tax of
$1.00 per thousand.
9. REAL ESTATE TAXES, SPECIAL ASSESSMENTS AND PRORATION
(a) Because the Entire Property (of which the Property is a
part) is subject to a triple net lease (as further set forth
in paragraph 11(a)(i), the parties acknowledge that there
shall be no need for a real estate tax proration. However,
Seller represents that to the best of its knowledge, all
real estate taxes and installments of special assessments
due and payable in all years prior to the year of Closing
have been paid in full. Unpaid real estate taxes and unpaid
levied and pending special assessments existing on the date
of Closing shall be the responsibility of Buyer and Seller
in proportion to their respective Tenant in Common
interests, pro-rated, however, to the date of closing for
the period prior to closing, which shall be the
responsibility of Seller if Tenant shall not pay the same.
Seller and Buyer shall likewise pay all taxes due and
payable in the year after Closing and any unpaid
installments of special assessments payable therewith and
thereafter, if such unpaid levied and pending special
assessments and real estate taxes are not paid by any tenant
of the Entire Property.
(b) All income and all operating expenses from the Entire
Property shall be prorated between the parties and adjusted
by them as of the date of Closing. Seller shall be entitled
to all income earned and shall be responsible for all
expenses incurred prior to the date of Closing, and Buyer
shall be entitled to its proportionate share of all income
earned and shall be responsible for its proportionate share
of all operating expenses of the Entire Property incurred on
and after the date of closing.
10. SELLER'S REPRESENTATION AND AGREEMENTS.
(a) Seller represents and warrants as of this date that:
(i) Except for the Lease Agreement in existence between AEI Net
Lease Income &
Growth Fund XX Limited Partnership and Net Lease Income &
Growth Fund 84-A Limited Partnership (as "Landlord") and
Americana Dining Corp. ("Tenant"), dated August 11, 1998 and
Buyer Initial: /s/RFJ /s/ VJ
Purchase Agreement for Champps Americana Restaurant -
Columbus, OH (Easton)
amended on April 16, 1999, Seller is not aware of any leases
of the Property. The above referenced lease agreement has a
right of first refusal in favor of the Tenant as set forth
in Article 34 of said lease agreement, which right will
apply to any attempted disposition of Property by Buyer
after this transaction.
(ii) It is not aware of any pending litigation or
condemnation proceedings against the Property or Seller's
interest in the Property.
(iii) Except as previously disclosed to Buyer and as
permitted in paragraph (b) below, Seller is not aware of any
contracts Seller has executed that would be binding on Buyer
after the closing date.
(b) Provided that Buyer performs its obligations when
required, Seller agrees that it will not enter into any new
contracts that would materially affect the Property and be
binding on Buyer after the Closing Date without Buyer's
prior consent, which will not be unreasonably withheld.
However, Buyer acknowledges that Seller retains the right
both prior to and after the Closing Date to freely transfer
all or a portion of Seller's remaining undivided interest in
the Entire Property, provided such sale shall not encumber
the Property being purchased by Buyer in violation of the
terms hereof or the contemplated Co-Tenancy Agreement.
11. DISCLOSURES.
(a) To the best of Seller's knowledge: there are now and at
the closing there will be no material, physical, or
mechanical defects of the Entire Property, including without
limitation, the plumbing, heating, air conditioning,
ventilating, electrical system. To the best of Seller's
knowledge without inquiry, all such items are in good
operating condition and repair and in compliance with all
applicable governmental, zoning, and land use laws,
ordinances, regulations and requirements. If Seller shall
receive any notice to the contrary prior to Closing, Seller
will inform Buyer prior to Closing.
(b) To the best of Seller's knowledge: the use and
operation of the Entire Property is in full compliance with
applicable building codes, safety, fire, zoning, and land
use laws, and other applicable local, state and federal
laws, ordinances, regulations and requirements. If Seller
shall receive any notice to the contrary prior to Closing,
Seller will inform Buyer prior to Closing.
(c) Seller knows of no facts nor has Seller failed to
disclose to Buyer any fact known to Seller which would
prevent the Tenant from using and operating the Entire
Property after the Closing in the manner in which the Entire
Property has been used and operated prior to the date of
this Agreement. If Seller shall receive any notice to the
contrary prior to Closing, Seller will inform Buyer prior to
Closing.
(d) To the best of Seller's knowledge: the Property is not,
and as of the closing will not be, in violation of any
federal, state or local law, ordinance, or regulations
relating to industrial hygiene or the environmental
conditions on, under, or about the Entire Property,including,
but not limited to, soil, and groundwater conditions. To the
best of
Buyer Initial: /s/RFJ /s/ VJ
Purchase Agreement for Champps Americana Restaurant -
Columbus, OH (Easton)
Seller's knowledge, there is no proceeding or inquiry by any
governmental authority with respect to the presence of
Hazardous Materials on the Entire Property or the migration
of Hazardous Materials from or to other property. Buyer
agrees that Seller will have no liability of any type to
Buyer or Buyer's successors, assigns, or affiliates in
connection with any Hazardous Materials on or in connection
with the Entire Property either before or after the Closing
Date, except such Hazardous Materials on or in connection
with the Entire Property arising out of Seller's gross
negligence or intentional misconduct. If Seller shall
receive any notice to the contrary prior to Closing, Seller
will inform Buyer prior to Closing.
(e) BUYER AGREES THAT IT SHALL BE PURCHASING THE PROPERTY
IN ITS THEN PRESENT CONDITION, AS IS, WHERE IS, AND SELLER
HAS NO OBLIGATIONS TO CONSTRUCT OR REPAIR ANY IMPROVEMENTS
THEREON OR TO PERFORM ANY OTHER ACT REGARDING THE PROPERTY,
EXCEPT AS EXPRESSLY PROVIDED HEREIN.
(f) BUYER ACKNOWLEDGES THAT, HAVING BEEN GIVEN THE
OPPORTUNITY TO INSPECT THE ENTIRE PROPERTY AND SUCH
FINANCIAL INFORMATION ON THE LESSEE AND GUARANTORS OF THE
LEASE AS BUYER OR ITS ADVISORS SHALL REQUEST, IF IN SELLER'S
POSSESSION, BUYER IS RELYING SOLELY ON ITS OWN INVESTIGATION
OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED BY
SELLER OR TO BE PROVIDED EXCEPT AS SET FORTH HEREIN. BUYER
FURTHER ACKNOWLEDGES THAT THE INFORMATION PROVIDED AND TO BE
PROVIDED BY SELLER WITH RESPECT TO THE PROPERTY, THE ENTIRE
PROPERTY AND TO THE LESSEE AND GUARANTORS OF LEASE WAS
OBTAINED FROM A VARIETY OF SOURCES AND SELLER NEITHER (A)
HAS MADE INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH
INFORMATION, OR (B) MAKES ANY REPRESENTATIONS AS TO THE
ACCURACY OR COMPLETENESS OF SUCH INFORMATION EXCEPT AS
HEREIN SET FORTH. THE SALE OF THE PROPERTY AS PROVIDED FOR
HEREIN IS MADE ON AN "AS IS" BASIS, AND BUYER EXPRESSLY
ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENTS OF
SELLER HEREIN, EXCEPT AS OTHERWISE SPECIFIED HEREIN IN
PARAGRAPH 11(A) AND (B) ABOVE AND THIS PARAGRAPH 12, SELLER
MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR
ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO,
ANY WARRANTY OF CONDITION, HABITABILITY, TENANTABILITY,
SUITABILITY FOR COMMERCIAL PURPOSES, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE, IN RESPECT OF THE
PROPERTY.
The provisions (d) - (f) above shall survive Closing.
12. CLOSING.
(a) Before the closing date, Seller will deposit into
escrow an executed special warranty deed warranting title
against lawful claims by, through, or under a conveyance
from Seller, but not further or otherwise, conveying
insurable title of the Property to Buyer, subject to the
exceptions contained in paragraph 8 above.
(b) On or before the closing date, Buyer will deliver to the
title insurance company:
the balance of the purchase price when required under
Section 4; any additional funds required of Buyer, (pursuant
to this agreement or any other agreement executed by
Buyer Initial: /s/RFJ /s/ VJ
Purchase Agreement for Champps Americana Restaurant -
Columbus, OH (Easton)
Buyer) to close. Both parties will sign and deliver to the
title insurance company any other documents reasonably
required by the escrow holder to close.
(c) On the closing date, the title insurance company will:
record the deed in the official records of the county where
the Property is located; cause the title company to commit
to issue the title policy; immediately deliver to Seller the
portion of the purchase price deposited by cashier's check
or wire transfer (less debits and prorations, if any);
deliver to Seller and Buyer a signed counterpart of the
closing statement and take all other actions necessary to
close.
13. DEFAULTS. If Buyer defaults, Buyer will forfeit all rights
and claims and Seller will be relieved of all obligations and
will be entitled to retain all monies heretofore paid by the
Buyer. In addition, Seller shall retain all remedies available
to Seller at law or in equity.
If Seller shall default, Buyer irrevocably waives any rights
to file a lis pendens, a specific performance action or any other
claim, action or proceeding of any type in connection with the
Property or this or any other transaction involving the Property,
and will not do anything to affect title to the Property or
hinder, delay or prevent any other sale, lease or other
transaction involving the Property (any and all of which will be
null and void), unless: it has paid the First Payment, deposited
the balance of the Second Payment for the purchase price into
escrow, performed all of its other obligations and satisfied all
conditions under this Agreement, and unconditionally notified
Seller that it stands ready to tender full performance, purchase
the Property and close as per this Agreement, regardless of any
alleged default or misconduct by Seller. Provided, however, that
in no event shall Seller be liable for any actual, punitive,
consequential or speculative damages arising out of any default
by Seller hereunder.
14. BUYER'S REPRESENTATIONS AND WARRANTIES.
a. Buyer represents and warrants to Seller as follows:
(i) In addition to the acts and deeds recited herein and
contemplated to be performed, executed, and delivered by
Buyer, Buyer shall perform, execute and deliver or cause to
be performed, executed, and delivered at the Closing or
after the Closing, any and all further acts, deeds and
assurances as Seller or the Title Company may require and be
reasonable in order to consummate the transactions
contemplated herein.
(ii) Buyer has all requisite power and authority to
consummate the transaction contemplated by this Agreement
and has by proper proceedings duly authorized the execution
and delivery of this Agreement and the consummation of the
transaction contemplated hereby.
(iii) To Buyer's knowledge, neither the execution and
delivery of this Agreement nor the consummation of the
transaction contemplated hereby will violate or be in
conflict with (a) any applicable provisions of law, (b) any
order of any court or other agency of government having
jurisdiction hereof, or (c) any agreement or instrument to
which Buyer is a party or by which Buyer is bound.
Buyer Initial: /s/RFJ /s/ VJ
Purchase Agreement for Champps Americana Restaurant -
Columbus, OH (Easton)
15. DAMAGES, DESTRUCTION AND EMINENT DOMAIN.
(a) If, prior to closing, the Property or any part thereof
be destroyed or further damaged by fire, the elements, or
any cause, due to events occurring subsequent to the date of
this Agreement to the extent that the cost of repair exceeds
$10,000.00, this Agreement shall become null and void, at
Buyer's option exercised, if at all, by written notice to
Seller within ten (10) days after Buyer has received written
notice from Seller of said destruction or damage. Seller,
however, shall have the right to adjust or settle any
insured loss until (i) all contingencies set forth in
Paragraph 6 hereof have been satisfied, or waived; and (ii)
any ten-day period provided for above in this Subparagraph
16a for Buyer to elect to terminate this Agreement has
expired or Buyer has, by written notice to Seller, waived
Buyer's right to terminate this Agreement. If Buyer elects
to proceed and to consummate the purchase despite said
damage or destruction, there shall be no reduction in or
abatement of the purchase price, and Seller shall assign to
Buyer the Seller's right, title, and interest in and to all
insurance proceeds (pro-rata in relation to the Entire
Property) resulting from said damage or destruction to the
extent that the same are payable with respect to damage to
the Property, subject to rights of any Tenant of the Entire
Property.
If the cost of repair is less than $10,000.00, Buyer shall
be obligated to otherwise perform hereinunder with no
adjustment to the Purchase Price, reduction or abatement,
and Seller shall assign Seller's right, title and interest
in and to all insurance proceeds pro-rata in relation to the
Entire Property, subject to rights of any Tenant of the
Entire Property.
(b) If, prior to closing, the Property, or any part
thereof, is taken by eminent domain, this Agreement shall
become null and void, at Buyer's option. If Buyer elects to
proceed and to consummate the purchase despite said taking,
there shall be no reduction in, or abatement of, the
purchase price, and Seller shall assign to Buyer the
Seller's right, title, and interest in and to any award
made, or to be made, in the condemnation proceeding pro-rata
in relation to the Entire Property, subject to rights of any
Tenant of the Entire Property.
In the event that this Agreement is terminated by Buyer as
provided above in Subparagraph 16a or 16b, the First Payment
shall be immediately returned to Buyer (after execution by Buyer
of such documents reasonably requested by Seller to evidence the
termination hereof).
16. BUYER'S 1031 TAX FREE EXCHANGE.
While Seller acknowledges that Buyer is purchasing the
Property as "replacement property" to accomplish a tax free
exchange, Buyer acknowledges that Seller has made no
representations, warranties, or agreements to Buyer or Buyer's
agents that the transaction contemplated by the Agreement will
qualify for such tax treatment, nor has there been any reliance
thereon by Buyer respecting the legal or tax implications of the
transactions contemplated hereby. Buyer further represents that
it has sought and obtained such third party advice and counsel,
as it deems necessary in regards to the tax implications of this
transaction.
Buyer Initial: /s/RFJ /s/ VJ
Purchase Agreement for Champps Americana Restaurant -
Columbus, OH (Easton)
Buyer wishes to novate/assign the ownership rights and
interest of this Purchase Agreement to Asset Preservation who
will act as Accommodator to perfect the 1031 exchange by
preparing an agreement of exchange of Real Property whereby
Asset Preservation will be an independent third party purchasing
the ownership interest in subject property from Seller and
selling the ownership interest in subject property to Buyer under
the same terms and conditions as documented in this Purchase
Agreement. Buyer asks the Seller, and Seller agrees to cooperate
in the perfection of such an exchange if at no additional cost or
expense to Seller or delay in time. Buyer hereby indemnifies and
holds Seller harmless from any claims and/or actions resulting
from said exchange. Pursuant to the direction of Asset
Preservation, Seller will deed the property to Buyer.
17. CANCELLATION
If any party elects to cancel this Contract because of any
breach by another party or because the transaction fails to
close by the agreed date, the party electing to cancel shall
deliver to the title insurance company a notice containing
the address of the party in breach and stating that this
Contract shall be cancelled unless the breach is cured
within 13 days following the delivery of the notice to the
title insurance company. Within three days after receipt of
such notice, the title insurance company shall send it by
United States Mail to the party in breach at the address
contained in the Notice and no further notice shall be
required. If the breach is not cured within the 13 days
following the delivery of the notice to the escrow agent,
this Contract shall be cancelled.
18. MISCELLANEOUS.
(a) This Agreement may be amended only by written agreement
signed by both Seller and Buyer, and all waivers must be in
writing and signed by the waiving party. Time is of the
essence. This Agreement will not be construed for or
against a party whether or not that party has drafted this
Agreement. If there is any action or proceeding between the
parties relating to this Agreement the prevailing party will
be entitled to recover attorney's fees and costs. This is
an integrated agreement containing all agreements of the
parties about the Property and the other matters described,
and it supersedes any other agreements or understandings.
Exhibits attached to this Agreement are incorporated into
this Agreement.
(b) If this closing has not occurred by December 8, 2000,
through no fault of Seller, Seller may either, at its
election, extend the closing date or exercise any remedy
available to it by law, including terminating this
Agreement.
(c) Funds to be deposited or paid by Buyer must be good and
clear funds in the form of cash, cashier's checks or wire
transfers.
(c) All notices from either of the parties hereto to the other
shall be in writing and
shall be considered to have been duly given or served if
sent by first class certified mail, return receipt
requested, postage prepaid, or by a nationally recognized
courier service guaranteeing overnight delivery to the party
at his or its address set forth below, or to
Buyer Initial: /s/RFJ /s/ VJ
Purchase Agreement for Champps Americana Restaurant -
Columbus, OH (Easton)
such other address as such party may hereafter designate by
written notice to the other party.
If to Seller:
AEI Net Lease Income & Growth Fund XX Limited Partnership
00 Xxxx Xxxxxxx Xxxxxx, Xxxxx 0000
Xx. Xxxx, XX 00000
If to Buyer:
Xxxxx X. Xxxxxx and Xxxxxxxx Xxxxxx
0000 X Xxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
When accepted, this offer will be a binding agreement for
valid and sufficient consideration which will bind and benefit
Buyer, Seller and their respective successors and assigns. Buyer
is submitting this offer by signing a copy of this offer and
delivering it to Seller. Seller has five (5) business days from
receipt within which to accept this offer.
This Agreement shall be governed by, and interpreted in
accordance with, the laws of the state of Minnesota.
IN WITNESS WHEREOF, the Seller and Buyer have executed this
Agreement effective as of the day and year above first written.
BUYER: Xxxxx X. Xxxxxx and Xxxxxxxx Xxxxxx
By: /s/ Xxxxx X Xxxxxx
Xxxxx X. Xxxxxx
By: /s/ Xxxxxxxx Xxxxxx
Xxxxxxxx Xxxxxx
WITNESS:
/s/ Xxxxx Xxxxxxxx
Xxxxx Xxxxxxxx
(Print Name)
Buyer Initial: /s/RFJ /s/ VJ
Purchase Agreement for Champps Americana Restaurant -
Columbus, OH (Easton)
SELLER: AEI Net Lease Income & Growth Fund XX Limited Partnership
By: AEI Fund Management XX, Inc., its corporate general
partner
By:/s/ Xxxxxx X Xxxxxxx
Xxxxxx X. Xxxxxxx, President
WITNESS:
/s/ Xxxxxxx Xxxxxx
Xxxxxxx Xxxxxx
(Print Name)
Buyer Initial: /s/RFJ /s/ VJ
Purchase Agreement for Champps Americana Restaurant -
Columbus, OH (Easton)
EXHIBIT "A"
Situated in the State of Ohio, County of Franklin, City
of Columbus, Xxxxxxx 0, Xxxxxxxx 0, Xxxxx 00, Xxxxxx Xxxxxx
Military Lands and being all out of a 3.499 acre residual of
Parcel 2 as conveyed to MORSO Holding Co. of record in
Official Record 30846G11 (all deed references refer to the
records of the Recorder's Office, Franklin County, Ohio) and
described as follows:
Beginning for reference at the centerline intersection
of Easton Way with Xxxxx Crossing as dedicated in Plat Book
86, Pages 56-58;
thence North 2 18' 27" East, with the centerline of
said Xxxxx Crossing, a distance of 1043.69 feet to a point;
thence North 87 41' 33" West, a distance of 55.00 feet
to a point in the westerly right-of-way line of said Xxxxx
Crossing;
thence with said westerly right-of-way line, the
following courses:
North 2 18' 27" East, a distance of 23.37 feet to a
point of curvature;
With a curve to the right having a central angle of 1
26' 50", a radius of 1055.00 feet, whose chord bears North 3
01' 51" East, a chord distance of 26.65 feet to an iron pin
set at the true point of beginning for this description;
thence with a new division line across said 3.499 acre
residual, the following courses:
North 87 41' 33" West, a distance of 39.98 feet to an
iron pin set;
South 2 18' 27" West, a distance of 11.51 feet to an
iron pin set;
North 87 41' 33" West, a distance of 86.86 feet to an
iron pin set;
North 42 41' 33" West, a distance of 84.15 feet to an
iron pin set;
North 87 41' 33" West, a distance of 19.50 feet to an
iron pin set;
North 2 18' 27" East, a distance of 120.00 feet to an
iron pin set'
North 87 41' 33" West, a distance of 184.50 feet to an
iron pin set in an easterly line of a 50.706 acre tract as
conveyed to Easton Market Limited Liability Company of
record in Official Record 34933B09;
thence North 2 18' 27" East, with an easterly line of
said Easton market tract, a distance of 163.36 feet to an
iron pin set at a southeasterly corner thereof;
thence with a southerly line of said Easton Market
tract, the following courses and distances:
South 80 11' 33" East, a distance of 257.28 feet to an
iron pin set at a point of curvature;
With a curve to the right having a central angle of 27
45' 35", a radius of 180.00 feet, whose chord bears South 66
18' 45" East, a chord distance of 86.36 feet to an iron pin
set at a point of reverse curvature;
With a curve to the left having a central angle of 20
08' 31", a radius of 220.00 feet, whose chord bears South 62
30' 13" East, a chord distance of 76.94 feet to an iron pin
set at a point of tangency;
South 72 34' 34" East, a distance of 7.17 feet to a
point of curvature;
With a curve to the right having a central angel of 88
23' 07", a radius of 10.00 feet, whose chord bears South 28
23' 00" East, a chord distance of 13.94 feet to a point of
reverse curvature in said westerly right-of-way line;
Thence with said westerly right-of-way line with a
curve to the left having a central angle of 12 03' 18", a
radius of 1055.00 feet, whose chord bears South 9 46' 55"
West, a chord distance of 221.56 feet to the true point of
beginning and containing 2.012 acres of land, more or less.
Subject, however to all legal rights-of-way and/or
easements, if any, of previous record.
Bearings are based on the Ohio State Plane Coordinate
System as per NAD 83. Control for bearing was from
coordinates of monuments XXXXX 64 and XXXXX 164 established
by the Franklin County Engineering Department using Global
Positioning System procedures and equipment.
