EXHIBIT 10.15
LEASE AMENDMENT
Lease Amendment made as of the 19th day of December, 1986, by and
between the Fiscal Court of Xxxxxxxxx County, Kentucky (the "County") and
Accuride Corporation ("Accuride") having its principal place of business in
Henderson, Kentucky.
WHEREAS, the County as lessor and the Firestone Tire & Rubber
Company ("Firestone") as lessee entered into a lease agreement dated as of
February 1, 1974 (the "Lease") demising to Firestone the premises described in
Exhibit A attached hereto and incorporated herein by reference (the "Leased
Premises"), and
WHEREAS, effective upon the Closing Date, as hereinafter defined,
Firestone intends to assign to Accuride all of its right, title, and interest in
and to the Lease and the Leased Premises; and
WHEREAS, the County has consented to the assignment of the interest
of Firestone under the Lease to Accuride and has released Firestone from all
liabilities and responsibilities under the Lease and under other documents as
set forth in a Consent to Assignment and Assumption of Lease Agreement and
Release of Firestone executed by the County; and
WHEREAS, Accuride has requested the County to make certain
modifications to the Lease and the County has agreed to such modifications.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the
County, the County and Accuride agree to amend the Lease as follows effective
upon the Closing Date:
1. Section 1.1 is amended by substituting Accuride for Firestone in the
definition of Company.
2. A new Article IX is added to the Lease as follows:
ARTICLE IX
PROVISIONS FOR LEASEHOLD MORTGAGES
SECTION 9.1. Definitions. For the purposes of the Lease, the terms
"mortgage" and "leasehold mortgage" shall include whatever security
instruments are used in the locale of the Project, such as, without
limitation, mortgages, deeds of trust, mortgage deeds, security deeds and
conditional deeds, as well as financing statements, security agreements
and other documentation which the lender may require, and the terms
"holder of a mortgage" and "mortgagee" or "holder of a leasehold mortgage"
and "leasehold mortgagee" shall mean the secured party in any of the
foregoing instruments or the prospective secured party if the instruments
have not been delivered.
SECTION 9.2. Right to Mortgage. Company and every successor and
assignee of Company is hereby given the right by County in addition to any
other rights herein granted, without any requirement to obtain County's
consent, to mortgage or grant a security interest in Company's interest in
the Lease and the Project, under one or more leasehold mortgages(s),
and/or in connection with any sale(s) of such interest, and assign the
Lease as collateral security for such leasehold mortgage(s), upon the
condition that all rights acquired under such leasehold mortgage(s) shall
be subject to each and all of the covenants, conditions and restrictions
set forth in this Lease, and to all rights and interests of County herein,
none of which covenants, conditions or restrictions is or shall be waived
by County by reason of the right given so to mortgage or grant a security
interest in Company's interest in the Lease and the Project, except as
expressly provided herein.
SECTION 9.3. Rights of Leasehold Mortgagee. If Company and/or
Company's successors and assignees shall mortgage or grant a security
interest in Company's interest in the Lease and the Project, and if the
leasehold mortgagee shall send to County a true copy of its leasehold
mortgage, together with written notice specifying the name and address
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of the leasehold mortgagee, so long as such leasehold mortgage shall
remain unsatisfied of record or until written notice of satisfaction is
given by the holder to County, the following provisions shall apply (in
respect of such leasehold mortgage and of any other leasehold mortgages
which also comply with the above):
(a) There shall be no cancellation, surrender, acceptance of
surrender, amendment or modification of the Lease by joint action of
County and Company or by Company alone, without in each case the
prior consent in writing of the leasehold mortgagee.
(b) County shall, upon serving Company with any notice or
other communication, whether of default or any other matter,
simultaneously serve a copy of such notice upon the leasehold
mortgagee, and no such notice or other communication to Company
shall be deemed given unless a copy is so served upon the leasehold
mortgagee in the manner provided in the Lease for the giving of
notices.
(c) In the event of any default by Company under the Lease,
the leasehold mortgagee shall have the same period, after service of
notice upon it of such default, to remedy or cause to be remedied
the default complained of as Company has hereunder for such default,
plus an additional 30 days, and County shall accept such performance
by or at the instigation of such leasehold mortgagee as if same had
been done by Company. Each notice of default given by County will
state the amounts of whatever rent and other payments herein
provided for are then claimed to be in default. If the default is of
a nature that it cannot be cured within the time provided in the
Lease, and if the leasehold mortgages shall have notified County of
its desire to cure said default and shall prosecute or cause the
prosecution of same to completion with reasonable diligence, then in
such event County shall not be entitled to exercise any remedy for
such default and any notice of termination theretofore given shall
be void and of no effect.
(d) If County shall elect to terminate the Lease or exercise
any other remedy by reason of any default of Company, the leasehold
mortgagee shall not only have the right to nullify such election or
exercise by agreeing to cure such default as aforesaid, but shall
also have the separate right to postpone and extend the specified
date for the termination of the Lease as fixed by County in its
notice of termination for a
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period of not more than 12 months, provided that such leasehold
mortgagee shall within the time period provided by the Lease plus 30
days cure or cause to be cured any then existing money defaults and
meanwhile pay or cause to be paid the rent, and provided further
that the leasehold mortgagee shall forthwith take steps to acquire
or sell Company's interest in the Lease by foreclosure of the
leasehold mortgage or otherwise and shall prosecute the same to
completion with reasonable diligence. If at the end of said 12-month
period the leasehold mortgagee shall be actively engaged in steps to
acquire or sell Company's interest in the Lease, the time of said
leasehold mortgages to comply with the provisions of this subsection
(d) shall be extended for such period as shall be reasonably
necessary to complete such steps with reasonable diligence provided
the leasehold mortgagee continues to pay the rent and other sums due
under the Lease. If the leasehold mortgagee is prohibited by any
process or injunction issued by any court or by reason of any action
by any court having jurisdiction of any bankruptcy, debtor
rehabilitation or insolvency proceeding involving Company from
commencing or prosecuting foreclosure or other appropriate
proceedings, the said 12-month period shall be extended for the
period of such prohibition, provided that the leasehold mortgagee
shall diligently attempt to remove any such prohibition. If
Company's interest is acquired or sold as aforesaid by foreclosure
of the leasehold mortgage or otherwise during said 12-month period,
as same may be extended as aforesaid, the intended termination of
the Lease or exercise of any other remedy by County under the
aforesaid notice will be automatically nullified and the Lease will
continue as if said notice of default and/or termination had never
been given.
(e) In the event of termination of the Lease by reason of any
default by Company, County will promptly notify the leasehold
mortgagee of such termination and the amount of the sums then due to
County under the Lease, and the leasehold mortgagee shall have the
right to have County enter into a new lease of the Project with the
leasehold mortgagee or its nominee or designee in accordance with
the following provisions;
(i) The leasehold mortgagee or its nominee or designee
shall be entitled to such new lease if the leasehold mortgagee
shall make written request upon County for such new lease on
or before the last date when the leasehold mortgagee is
entitled to cure the default pursuant to subsection (d)
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above and if such written request is accompanied by the
leasehold mortgagee's agreement to pay to County within 60
days after the execution and delivery of the new lease the
sums then due to County under the Lease.
(ii) Said new lease shall be for what would have been
the remainder of the term if the Lease had not terminated,
including all options to renew, effective as of the date of
such termination, at the rent and upon the terms, provisions,
covenants and agreements as herein contained, including all
rights and options herein contained.
(iii) Such lease shall be subject to the same conditions
of title as the Lease is subject to on the date of the
execution thereof.
(iv) In said new lease, the leasehold mortgagee or its
nominee or designee shall agree to perform and observe all
covenants contained in the Lease on Company's part to be
performed, except that all of the obligations and liabilities
of the leasehold mortgagee or its nominee or designee as
tenant under the new lease shall cease and terminate upon
assignment of the new lease and assumption of said obligations
and liabilities by the assignee.
(v) In said new lease, County shall not warrant
possession of the Project to the leasehold mortgagee or its
nominee or designee.
(vi) The leasehold mortgagee or its nominee or designee
as tenant under the new lease shall have the same right,
title, and interest in and to the Project as Company had under
the Lease.
(vii) The conveyance by the leasehold mortgagee or its
nominee or designee of its interest as tenant under the new
lease and the Project shall not require the consent of County
or constitute a breach of any provision of or a default under
the new lease.
(f) Any award or payment in condemnation or eminent domain in
respect of the Project shall be paid to the leasehold mortgagee to
be applied in the manner specified in the leasehold mortgage.
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(g) No fire or casualty loss claims shall be settled and no
agreement will be made in respect of any award or payment in
condemnation or eminent domain without in each case the prior
written consent of the leasehold mortgagee.
(h) Except where the leasehold mortgagee has become the
tenant, no liability for the payment of rent or the performance of
any of Company's covenants and agreements under the Lease shall
attach to or be imposed upon the leasehold mortgagee, all such
liability being hereby expressly waived by County, and if the
leasehold mortgagee or its nominee or designee becomes the tenant
under the Lease, all of the obligations and liabilities of the
leasehold mortgagee or its nominee or designee shall cease and
terminate upon assignment of the Lease and assumption of the
obligations and liabilities by the assignee.
(i) County, within 20 days after a request in writing by
Company or the leasehold mortgagee, shall furnish a written
statement, duly acknowledged, that the Lease is in full force and
effect and that there are no defaults thereunder by Company, or if
there are any defaults, such statement shall specify the defaults
County claims exist.
(j) If Company fails to exercise any extension, renewal, or
purchase option in the Lease, County shall promptly send the
leasehold mortgagee written notice thereof, and the leasehold
mortgagee, within 30 days after receipt of such notice. may exercise
any such option on behalf of Company.
(k) Notwithstanding any provision to the contrary, foreclosure
of a leasehold mortgage or any a sale of Company's interest in the
Lease and the Project in connection with a foreclosure, whether by
judicial proceedings or by virtue of any power of sale contained in
the leasehold mortgage, or any conveyance of Company's interest in
the Lease and the Project from Company to the leasehold mortgagee or
its nominee or designee by virtue of or in lieu of foreclosure or
other appropriate proceedings, or any conveyance of Company's
interest in the Lease and the Project by the leasehold mortgagee or
its nominee or designee, shall not require the consent or approval
of County or constitute a breach of any provision of or a default
under the Lease.
SECTION 9.4. Effective Date. This Lease Amendment shall become
effective upon assignment from Firestone to
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Accuride of Firestone's interest in the Lease. Unless and until Firestone
assigns its interest in the Lease and the Project to Accuride, this Lease
Amendment shall not be effective and the Lease shall remain in full force
and effect without the changes set forth in this Lease Amendment.
SECTION 9.5. Entire Agreement. This Amendment of Lease may not be
modified or terminated orally, and constitutes the entire agreement
between the parties with respect to the subject matter hereof.
SECTION 9.6. Lease Remains in Effect. Except as expressly amended
hereby, the Lease and all of the terms, covenants, and conditions thereof
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment of Lease
to be executed as of the day and year first above written.
THE FISCAL COURT OF XXXXXXXXX COUNTY
By /s/ Xxxx Xxxxxx, Xx.
---------------------------------
Xxxx Xxxxxx, Xx.
County Judge/Executive
Attest: /s/ Xxxxxxxx Xxxxx
----------------------------
Xxxxxxxx Xxxxx
Clerk of Fiscal Court
SIGNED AND ACKNOWLEDGED
IN THE PRESENCE OF:
/s/ Xxxxxx X. Xxxxxx
-----------------------------
ACCURIDE CORPORATION
By /s/ Xxxxxx Xxxxxxxxxxx
---------------------------------
Title: President
Attest: /s/ Xxxx X. Xxxx
----------------------------
Title: Secretary
SIGNED AND ACKNOWLEDGED
IN THE PRESENCE OF:
/s/ Xxxxxxx Xxxxxxx
-----------------------------
This instrument prepared by:
Xxxxxxx Xxxxxxx
-----------------------------
Xxxxxxx Xxxxxxx, Esq.
Xxxxxxxx & Xxxxx
000 X. Xxxxxxxx Xx.
Xxxxxxx, XX 00000
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ACKNOWLEDGEMENT OF THE FISCAL COURT OF
XXXXXXXXX COUNTY, KENTUCKY
STATE OF KENTUCKY )
) SS:
COUNTY OF HENDERSON )
I hereby certify that on this day the foregoing instrument was
produced to me in the aforesaid County, and acknowledged before me by Xxxx
Xxxxxx, Xx., County Judge/Executive of said Fiscal Court, party thereto, to be
the act and deed of said Fiscal Court, by him as its County Judge/Executive
thereunto duly authorized, and the Corporate Seal of said County as affixed to
said instrument was attested and proven before me by Xxxxxxxx Xxxxx, Clerk of
Fiscal Court.
Given under my hand and Seal of Office this 9th day of December,
1986.
/s/ Xxxxx X. Xxxxxx
-------------------------------
Notary Public
My commission expires: 1/17/88
(Seal)
ACKNOWLEDGEMENT OF ACCURIDE CORPORATION
STATE OF New York )
) SS.:
COUNTY OF New York )
I hereby certify, that on this 19th day of December 1986, before me,
the subscriber, a Notary Public in and for such State and County, personally
appeared Xxxxxx Xxxxxxxxxxx and Xxxx X. Xxxx, the President and Secretary,
respectively, of Accuride Corporation, and that in such capacities and being
authorized so to do, such persons executed and attested the foregoing Lease
Amendment in the name of said corporation for the purposes therein contained,
and acknowledged said Agreement to be the act of said body corporate.
In Tesitmony Whereof, I have hereunto set my hand and notarial seal.
/s/ [ILLEGIBLE]
-------------------------------
Notary Public
My commission expires: 30 November 1988
(Seal)
EXHIBIT A COUNTY OF XXXXXXXXX
STATE OF KENTUCKY
DESCRIPTION OF PROPERTY
Property leased to the Firestone Tire and Rubber Company by virtue
of a certain indenture of lease made by Xxxxxxxxx County, Kentucky to the
Firestone Tire and Rubber Company dated February , 1974, recorded on February
26, 1974 in Deed Book 270, page 558, of the Xxxxxxxxx County clerk's office.
Beginning at station 12-A a right of way fence and post on the west
side of the Pennyrile Parkway being approximately 120 feet west of
the centerline of the Parkway and also being in the north right of
way line of Xxxxx Xxxx and being approximately 160 feet from the
centerline of Xxxxx Xxxx; thence leaving the Pennyrile Parkway with
the north right of way line of Xxxxx Xxxx, the following courses and
distances: thence S 87(degrees) 32' W 25.37 feet to station 12-C
being a highway right of way concrete monument; thence S 83(degrees)
15' W 207.94 feet to station 13-A being a highway right of way
concrete monument; thence N 81(degrees) 13' W 84.40 feet to station
13-B; thence S 86(degrees) 55' W 191.31 feet to station 14-X; thence
S 78(degrees) 54' W 227.12 feet to station 14-A a highway right of
way concrete monument; thence S 82(degrees) 41' W 150.00 feet to
station 15-A; thence S 06(degrees) 01' E 10.68 feet to station 14-B;
thence S 82(degrees) 49' W 678.15 feet to station 16-A a fence
corner post in the north right of way line of Xxxxx Xxxx and being
the southeast corner of Xxxxx Xxxxxxx; thence leaving Xxxxx Xxxx
along the property line fence with first Xxxxx Xxxxxxx then Xxxxx
Xxxxxxx, then Xxxxx Xxxxx, then Xxxxx Xxxxxx, and then Drura Xxxxx N
04(degrees) 02' W 2,103.55 feet to station 17-A in the line of an
area zoned residential, formerly the old Xxxxx estate; thence with
the residential zoning line and Firestone Steel Products, formerly
the old Xxxxx estate, N 81(degrees) 14' E 1,023.70 feet to station
4-X in the west right of way fence of the Audubon Parkway
interchange ramp with the Pennyrile Parkway: thence with the
entrance ramp to the Audubon Parkway along the right of way fence S
01(degrees) 41' E 135.42 feet to station 36-A, thence along a chord
of the
right of way fence curving to the left S 31(degrees) 32' E 428.37
feet to station #7; thence along another chord of the right of way
fence curving to the left S 64(degrees) 59' E 577.l4 feet to station
7-X in the right of way fence; thence along the remnants of the old
property line fence being approximately 5.0 feet west of the
existing highway right of way fence S 09(degrees) 37' E 177.01 feet
to station 8-X in the existing right of way fence; thence along the
existing west right of way fence of the Pennyrile Parkway, the
following courses and distances: thence S 05(degrees) 16' W 121.49
feet to station 9-A; thence S 09(degrees) 04' W 200.43 feet to
station 10-A; thence S 09(degrees) 11' W 196.47 feet to station
l0-B; thence S 05(degrees) 12' W 104.39 feet to station 10-C; thence
S 14(degrees) 25' W 105.75. feet to station 11-A thence S
00(degrees) 58' W 158.08 feet to station 11-D; thence S 02(degrees)
23' E 217.96 feet to station 11-H; thence S 05(degrees) 06' E 58.80
feet to the beginning,
LESS AND EXCEPTING therefrom, a small strip of land conveyed by
Xxxxxxxxx-Xxxxxxxxx County Industrial Foundation, Inc., to
Commonwealth of Kentucky for the use and benefit of the Bureau of
Highways, for the purpose of widening the right of way for Xxxxx
Xxxx, by deed of conveyance dated February 5, 1974, and of record in
Deed Book 270, Page 636, in the Xxxxxxxxx County Court Clerk's
office, to which deed reference is hereby made for a more particular
description of said strip of real property.
Also being known as:
A certain tract of parcel located near the City of Xxxxxxxxx, in Xxxxxxxxx
County, Kentucky, and being more specifically described as follows: Beginning at
the north edge of a concrete right-of-way monument found at the intersection of
the west right-of-way line of the Pennyrile Parkway and the north right-of-way
line of Xxxxx Xxxx, being located 120 feet left of Pennyrile Parkway Station
3668+86.1 (Hwy plane show 3668+80); thence with the north right-of-way line of
Xxxxx Xxxx the following nine calls:
1) South 85 degrees 31 minutes 20 seconds West, 24.39 feet to the north edge of
a concrete right-of-way monument found in the north right-of-way of Xxxxx Xxxx;
2) thence South 80 degrees 04 minutes 14 seconds West, 207.87 feet to the north
edge of a concrete right-of-way monument found in the north right-of-way line of
Xxxxx Xxxx;
3) thence North 84 degrees 19 minutes 04 seconds West, 85.57 feet to an iron pin
set 80 feet left of Xxxxx Xxxx Station 45+00;
4) thence South 83 degrees 18 minutes 33 seconds West, 21.74 feet to the north
edge of an iron pin set 80 feet left of Xxxxx Xxxx Station 43+00;
5) thence South 69 degrees 07 minutes 35 seconds West, 21.74 feet to the north
edge of a concrete right-of-way monument found in the north right-of-way line of
Xxxxx Xxxx, and being the beginning of a curve to the left in said right-of-way;
6) thence with said curve to the left, having a radius of 2571.69 feet, a delta
angle of 8 degrees 29 minutes 24 seconds, subtended by a chord of South 32
degrees 24 minutes 31 seconds West, 380.99 feet, an arc distance of 381.24 feet
to the north edge of a concrete right-of-way monument found in the north
right-of-way line of Xxxxx Xxxx;
7) thence South 78 degrees 09 minutes 32 seconds West, 359.30 feet to an iron
pin set in said north right-of-way line;
8) thence South 74 degrees 49 minutes 51 seconds West, 100.16 feet to the north
edge of a concrete right-of-way monument found in the north right-of-way of
Xxxxx Xxxx;
9) thence South 80 degrees 01 minutes 01 seconds West, 169.71 feet to an iron
pin set in the north right-of-way line of Xxxxx Xxxx, said north right-of-way
line having been established by a conveyance between the Xxxxxxxxx-Xxxxxxxxx
County Industrial Foundation, Inc. and the Commonwealth of Kentucky recorded in
Deed Book 270 Page 636 in the Xxxxxxxxx County Court Clerk's Office, and said
iron pin being in the east Rise of the Xxxxxx Xxxxxxx property (Deed Book 152
Page 100);
thence with the east line of said Xxxxxxx property and the east lines of the
properties of Xxxxx Xxxxxxx (Deed Book 269 Page 763), Xxxxx Xxxxx (Deed Book 179
Page 218), Xxxxx Xxxx (Deed Book 202 Page 85), Xxxx Xxxx (Deed Book 282 Page
450), and Drura Xxxxx (Deed Book 177 Page 179, Deed Book 150 Page 255, Deed Book
156 Page 530), North 7 degrees 11 minutes 24 seconds West, passing a fence
corner post found 0.59 feet to the left at 141.54 feet, passing a 1 3/4 inch
iron pipe found 0.86 feet to the left at 397.80 feet, passing a 2 inch pipe
found 0.81 feet to the left at 482.75 feet, passing another 2 inch pipe found
0.18 feet to the left at 492.60 feet, passing an iron pin found 1.16 feet to the
right at 751.82 feet, a total distance of 2080.37 feet to an iron pin found at a
fence corner post, being the southwest corner of the Firestone Tire & Rubber Co.
property (Deed Book 272 Page 702-Tract II), also known as the Lakeland
Subdivision, plats of which are recorded in Deed Book 152 Page 254, Deed Book
152 Page 128, Deed Book 161 Page 306, Deed Book 191 Page 456; thence with the
south line of said Firestone Tire & Rubber Co. property (Lakeland Subdivision),
North 78 degrees 09 minutes 19 seconds East, 1004.33 feet (cited as 1003.06 feet
in Deed Book 272 Page 702) to an iron pin found at a fence corner post, being
the most southwesterly corner of the remainder of the Firestone Tire & Rubber
Co. property (Deed Book 272 Page 702-Tract I); thence with said Tract I, North
78 degrees 09 minutes 19 seconds East, 19.54 feet to an iron pin set in the
right-of-way line of Ramp "A"
(property of the Commonwealth of Kentucky) of the River Valley Parkway (Audubon
Parkway), said iron pin being located 63.16 feet right or West of Ramp "A"
Station 23+09.15; thence with said right-or-way line (property of the
Commonwealth of Kentucky) the following four (4) calls:
1) South 4 degrees 40 minutes 51 seconds East, l34.33 feet to an iron pin set 96
feet right of Station 24+25, said iron pin being located North 44 degrees 39
minutes 43 seconds West, 1.90 feet from an angle post in the controlled access
fence of said Parkway, and being the beginning of a curve to the left;
2) thence with said curve, having a radius of 653.96 feet, a delta angle of 35
degrees 35 minutes 56 seconds, and subtended by a chord of South 33 degrees 52
minutes 43 seconds East, 4l2.32 feet, an arc distance of 419.14 feet to an iron
pin set 96 feet right of said Ramp "A" Station 27+83.99 and 130 feet right of
River Valley Parkway (Audubon Parkway) Station 93 + 09.50, and being the Point
of Compound Curvature of another curve to the left;
3) thence with said curve, having a radius of 1,084.93 feet, a delta angle of 27
degrees 30 minutes 00 seconds, subtended by a chord of South 65 degrees 34
minutes 46 seconds East, 515.74 feet, an arc distance, of 520.72 feet to an iron
pin set at 130 feet right of Station 97+57.83, and being the Point of Compound
Curvature of another curve to the left;
4) thence with said curve, having a radius of 2,039.66 feet, a delta angle of 2
degrees 16 minutes 21 seconds, subtended by a chord of South 80 degree 27
minutes 57 seconds East, 30.10 feet, an arc distance of 80.11 feet to an iron
pin set 130 feet right of Station 98.43.58 (Parkway Plans show 95+46), being
located South 82 degrees 16 minutes 38 seconds West, 3.98 feet from an angle
post in the controlled access fence, said iron pin being the point of
intersection of said Parkway right-of-way and an old woven wire fence marking
the east line of the old Xxxxxxxx & Xxxxx property recorded in Deed Book 150
Page 82, being the east line of the property herein described, and being the
point of intersection of the River Valley (Audubon) and Pennyrile Parkway
right-of-ways, but which point does not coincide with the reference dimensions
shown on the Right-of-Way Plans of said Parkways or in the deed to the
Commonwealth of Kentucky in Deed Book 229 Page 655;
thence with said old woven wire fence, and with the west right-of-way line of
the Pennyrile Parkway, South 13 degrees 15 minutes 04 seconds East, 131.41 feet
to an iron pin set at the intersection of said old woven wire fence and the
right-of-way as shown on the plans of the Pennyrile Parkway and as shown in the
aforementioned deed to the Commonwealth of Kentucky; thence with the west
right-of-way line of the Pennyrile Parkway the following six (6) calls:
1) South 12 degrees 11 minutes 43 seconds East, 37.71 feet to an iron pin set
110 feet left of Pennyrile Parkway Station 3680+25;
2) thence South 1 degree 14 minutes 59 seconds West, 125.40 feet to an iron pin
set 100 feet left of Station 3679+00;
3) thence South 5 degrees 31 minutes 05 seconds West, 387.69 feet to an iron pin
100 feet left of Curve to Spiral Station 3675+16.81;
4) thence South 2 degrees 36 minutes 18 seconds West, 120.85 feet to an iron pin
set 100 feet left of Station 3674+00, and being located North 21 degrees 43
minutes 35 seconds East, 4.72 feet from an angle post in the controlled access
fence;
5) thence South 11 degrees 20 minutes 15 seconds West, 105.74 feet to an iron
pin set at the beginning of a curve to the left in said right-of-way, and being
located 120 feet left of Station 3673+00, and being located South 16 degrees 51
minutes 37 seconds West, 6.50 feet from an angle post in said controlled access
fence;
6) thence with said curve to the left, having a radius of 2984.70 feet, a delta
angle of 8 degrees 16 minutes 41 seconds, subtended by a chord of South 4
degrees 42 minutes 07 seconds East, 430.37 feet, an arc distance of 431.24 feet
to the point of beginning containing 70.587 acres.
This description was prepared from a physical survey conducted under the
direction of Xxxxxx X. Xxxxxxx, Ky. RLS # 2532 on December 4, 1986, the basis of
bearings of which is True NORTH based on a solar observation taken on December
4, 1986.
STATE OF KENTUCKY
COUNTY OF XXXXXXXXX........Set.
I, XXXXX X. XXXXXX, Clerk of Xxxxxxxxx County, certify
that the foregoing amendment was this day at 2:47 O'clock
P. M. lodged in my said office for record and that I
have recorded it, the foregoing and this certificate in my
said office.
Given under my hand this 23 day of December 1986.
XXXXX X. XXXXXX, Clerk
BY: Xxxxx Xxxxxxxx D.C.
