REQUEST FOR PROPOSALS
Parcel 27A – inside Ramp F and Ramp KK
Boston, Massachusetts
Addendum 1
December 3, 2015
The following amendments, additions, and clarifications are hereby made to the “Request for
Proposals; October 2015; CA/T Parcel 27A Boston, MA” (together with all figures, appendices,
and prior addenda attached thereto, the “RFP”) issued by the Massachusetts Department of
Transportation (“MassDOT”).
This Addendum 1 and all attachments to it are hereby made a part of the RFP. To the extent that
there is any conflict or inconsistency between this Addendum 1 and the text of the original RFP,
the language of this Addendum shall govern. In all other respects the content and requirements
of the RFP remain unchanged. Capitalized terms in this Addendum 1 shall have the meanings
set forth in the RFP. All Reservations and Conditions in Section IV of the RFP shall apply fully
to the information in this Addendum 1. References to section, subsection, paragraph,
subparagraph, or page numbers or names are to those in the RFP unless otherwise noted.
MassDOT does not warrant the accuracy, currency, completeness, or correctness of any of the
information in this Addendum 1.
Appendix B: Written Questions and MassDOT Written Response
1. Written Question: Can MassDOT please clarify which portion of the Parcel (State
Highway Layout) is eligible for the construction of an outdoor advertising structure?
(RSA Media)
MassDOT Response: Only property outside of the State Highway Layout (the “SHLO”)
is eligible for the construction of an outdoor advertising structure. A portion of the Parcel
has been excluded from the SHLO as depicted in Figure 4 attached to the RFP.
Additional regulatory, environmental, and structural issues will determine which portion
of the Parcel excluded from the SHLO will be eligible for the construction of an outdoor
advertising structure. In particular, environmental issues codified in the attached
NORUU (Appendix C) are subject to an agreement with MassDEP.
The Selected Developer will be required to prepare the actual outdoor advertising
structure design in direct consultation with MassDOT staff and consultants. All
information regarding site conditions provided in the RFP and Addendum 1 is intended
for preliminary planning purposes in the preparation of the Proposal in response to this
RFP. It does not represent definitive information for use in actual building design and
construction, and MassDOT is not responsible for the accuracy, currency, or
completeness of this information.
2. Written Question: Will potential bidders have access to the parcel before bids to
determine the feasibility of constructing and outdoor advertising structure? (RSA Media)
Answer: No, however the Selected Developer will be granted access to the Parcel for a
due diligence period of 90 days prior to the design and construction of outdoor
advertising structures.
3. Written Question: Should MassDOT decide to redevelop Parcel 27A and terminate the
license agreement prior to expiration, will the licensee be reimbursed for any
unamortized costs by MassDOT? (RSA Media)
Answer: No, however, MassDOT would reimburse Licensee any pro rata share of rent
paid in the event that the license is terminated for the redevelopment of the Parcel.
4. Written Question: Has MassDOT consulted with the City of Boston with regards to this
RFP and if so, was any feedback received from the city in terms of permitting? (RSA
Media)
Answer: As stated in Section I.C of the RFP, Licensee shall be solely responsible,
including financially responsible, to obtain and all applicable federal, state and city
permits, approvals, licenses and reviews necessary for its proposed use. This includes
local permitting with the City of Boston.
5. Written Question: Please confirm whether the minimum guaranteed fee is to be paid
annually or quarterly? (RSA Media)
Answer: Quarterly. See Appendix A: Form License Agreement Section 1.10 “License
Fee”
6. Written Question: Section I (C) of the Overview portion of the RFP mentions a “Notice
of Restriction Upon Use” related to the subject parcel. Please describe the nature of the
NORUU and the involved restrictions. (Out Front Media)
Answer: See attached NORUU (Appendix C) which details the restrictions placed on
the property and permitted uses due to the presence of oil and/or hazardous material
including asbestos. In general, soil disturbance or use of the property as a residence
requires evaluation or oversight by a Licensed Site Professional (LSP) and will likely
require a Release Abatement Measure (RAM) be developed in accordance with the
Massachusetts Contingency Plan (MCP) 310 CMR 40.0440 and implemented during
construction.
Portions of the parcel contain a marker layer or “cap” which should be maintained and/or
replaced as needed. Any soil disturbance or disposal may entail management of asbestos
or other contamination which may trigger additional regulatory and health & safety
training and procedures including proper soil disposal.
7. Written Question: Please describe any other conditions on the parcel (other than the
NORUU) that could affect the construction and operation of either digital or static
advertising signs thereon. (Out Front Media)
Answer: Please refer to Section I.C of the RFP. MassDOT will provide the Selected
Developer access to the Parcel for a due diligence period of 90 days prior to the design
and construction of outdoor advertising structures.
8. Written Question: Section II (A) of the License terms portion of the RFP states that the
option to extend will be exercised mutually (i.e. by both parties). Section 3 of the
attached proposed form License Agreement provides, however, that the option to extend
is exercised unilaterally by the Licensee. Is the option unilateral to the Licensee
(assuming it is not in default)? (Out Front Media)
Answer: The option to extend can only be exercised mutually.
9. Section II C of the RFP reserves the right of MassDOT to allow others to use the
Licensed Premises. Will MassDOT agree that any other use of the Licensed Premises
will not interfere with the Licensee’s use? (Out Front Media)
Answer: Please refer to Section 8 of the Outdoor Advertising License attached to the
RFP as Appendix A.
10. Written Question: Section IB allows for Outdoor Advertising during the interim until
such time as the parcel is utilized for large scale development. Have any plans of this
nature been discussed and if so, what are they and when would they be implemented?
(Out Front Media)
Answer: MassDOT has no plans for the lease and large scale development of the Parcel
at this time.
11. Written Question: Section II (F) of the RFP makes Licensee solely responsible for real
estate taxes. To what extent will Licensee be able to benefit from Mass Dot’s tax
exemption and what assistance will MassDOT provide in assisting the Licensee to secure
such tax benefit. (Out Front Media)
Answer: Please refer to MGL 6C Section 46.
12. Written Question: Section II (I) states that the License will not be assignable by the
Licensee. Will MassDOT agree to allow Licensee to assign the License to an entity
controlled, controlling or under common control with the Licensee? (Out Front Media)
Answer: MassDOT would most likely allow the Licensee to assign the License to an
entity controlled, controlling or under common control with the Licensee but reserves the
right to negotiate the conditions under which this would be permitted during lease
negotiations.
13. Written Question: Section 3.4.A: In addition to the $10,000 fee deposit, upon MassDOT
request the bidder must supplement that deposit to pay all third party costs. Please
provide examples of these third parties costs along with either historic values or
estimates of these costs. (Out Front Media)
Answer: Third party costs will likely be limited to outside legal counsel and design and
engineering review. MassDOT cannot estimate the value of the third party costs.
14. Written Question: Section 3.4.B: In addition to the $10,000 Bid Deposit and $25,000
Selection Deposit, MassDOT reserves the right to require the bidder to provide a non­
refundable Performance Deposit. What are the parameters of this Performance Deposit?
Specifically what would it be for and what do you anticipate as the value? (Out Front
Media)
Answer: Please refer to Sections 1.11 and 4.6 of the Outdoor Advertising License
attached to the RFP as Appendix A.
15. Written Question: Page 7.D Under Development Goals, proponents must demonstrate
robust support from impacted communities. Please provide examples of the type of robust
support you would like illustrated. Considering the site is located in the middle of
multiple lanes of highway with the nearest structure being MassDOT’s District 5 Office,
can bidders assume they will receive MassDOT’s robust support? Specifically, who else
would you be looking for robust support from and in what form? Traditionally,
municipalities have supported digital outdoor projects with the understanding they will
benefit from the use of the digital advertising. In this situation, MassDOT already
receives 15 hours per month per digital panel. The license agreement also included in the
RFP includes 20 hours more per month of digital advertising. Is it the intent of the RFP
to allow for the impacted communities to have access to and utilization of that 20 hours
per month of ad space? (Out Front Media)
Answer: MassDOT does not anticipate making digital advertising hours allocated for
public service announcements available to any impacted communities. MassDOT would
encourage bidders to develop programs or partnerships to allow communities to have
access to digital advertising opportunities in addition to those available for public service
announcements. MassDOT would encourage bidders to obtain written letters of support
from local community groups and organizations to demonstrate robust community
support.
16. Written Question: Section 1A: How will MassDOT determine “the highest responsible
bidder”? Is this a discounted cash flow of the financial proposal? Furthermore, how will
MassDOT weigh the value of the rent versus the value of the revenue share? Considering
that the revenue share is a function of a firm’s ability to sell, how will MASSDOT
compare one firm’s ability to another’s? (Out Front Media)
Answer: MassDOT will determine the highest responsible bidder primarily using a
discounted cash flow analysis of the guaranteed minimum rent payments. A secondary
consideration will be the percentage revenue share proposed.
17. Written Question: Regarding checks being issued on a Massachusetts bank check,
provided the bank has branches in Massachusetts, is that acceptable? (Out Front Media)
Answer: Yes.
18. Written Question: Does MassDOT have any knowledge of environmental issues at this
site and if so, what are they. (Out Front Media)
Answer: Please refer to Section I.C of the RFP and the response to Question #6
including attached NORUU (Appendix C).
19. Written Question: What’s buried underneath the grass mound? (Out Front Media)
Answer: Please refer to Section I.C of the RFP and the response to Question #6
including attached NORUU (Appendix C).
20. Written Question: Page 13 requests a purchase price for the parcel. Is there a buyout
provision? (Out Front Media)
Answer: No, however bidders may propose to accelerate rent payments so that
MassDOT receives the total value of the proposal at the start of the license term.
21. Written Question: Section C.2 identifies the highest potential bidders as the highest net
present value option that meets all development goals. Does this indicate that the
proposal which included the highest base rent would ultimately be awarded the license?
If not, please indicate the other factors and how those factors will ultimately be weighted
in the award process? (Out Front Media)
Answer: In addition to the highest base rent MassDOT will evaluate respondent’s efforts
to respond to the Development Goals contained in Section I.D of the RFP. MassDOT
will not dictate to respondents how best to address those goals but rather will look for
creative, feasible proposals provided by respondents.
Appendix C: Notice of Restriction Upon Use (NORUU) - Development Parcel
27A
lll\ll'9lll~
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Attested hereto
.}
/J
QU'~--._ ~de
Francis M. Roacht
Register of Deeds
Notice of Restriction Upon Use
Parcel Name: Development Parcel 27A, Boston
·c=ab=l=e_ _ _ _ _ __ DEP Release Tracking Number: -"""N.;..;::o=t-=-A~p'"""p=li=
(if applicable) This Notice of Restriction Upon Use ("Notice") is made as of this~ day of October, 2009,
by the Massachusetts Turnpike Authority, a body politic and corporate and public
instrumentality of the Commonwealth of Massachusetts, organized under chapter 81A of the
Massachusetts General Laws, (together with its successors and assigns, "MTA" or "Owner").
This Notice is expressly limited in its application and effect to Properties owned by MTA
and/or its successors and assigns and located within the Central Artery /Tunnel Project
11
( CA/T") Right-of-Way, as described in the Amended Memorandum of Understanding
referenced below.
WHEREAS, the Massachusetts Highway Department ("MHD") and the Massachusetts
Department of Environmental Protection ("the Department") entered into an Amended
Memorandum of Understanding executed in accordance with§ 3 (c) of the Massachusetts Oil
and Hazardous Material Release Prevention and Response Act, Chapter 21E of the General
Laws, ("the AMOU"), dated May 1997, a copy of which is on file and available for public review
and inspection at the Department's Northeast Regional Service Center, 205B Lowell Street,
Wilmington, Massachusetts;
WHEREAS, a 1997 Project Management Agreement by and between MTA and MHD
provides that MT A shall perform, or cause to be performed, its responsibilities under the Project
Management Agreement, consistent with the terms and conditions under which MHD had
previously carried out the CA/T Project, including any agreements, contracts, understandings
agreed to or imposed on MHD relative to the CA/T Project.
WHEREAS, MT A, with an address of Ten Park Plaza, Boston, Suffolk County,
Massachusetts, is the owner in fee simple of certain parcels of land located in Boston, Suffolk
County, Massachusetts, pursuant to an Order of Taking dated December 20, 1962 recorded with
the Suffolk County Registry of Deeds on December 27, 1962 in Book mo, Page 172 (the
"Property");
WHEREAS, the AMOU provides that Notices of Restriction Upon Use of certain properties
or portions of properties taken for the CA/T Project be executed and recorded by MHD, as
owner of the property. For the parcel described herein, the property is owned by MTA and the
Notice of Restriction Upon Use will be executed and recorded by MTA;
Page 1of6
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Notice of Restriction Upon Use
WHEREAS, a portion of the aforesaid Property is subject to this Notice, said portion being
particularly bounded and described in Exhibit A attached hereto and made a part hereof (the
"Parcel");
WHEREAS, MHD/MTA have compiled all available environmental data for the Parcel and
have provided such data in a report to the Deparbnent, from which data MHD/MTA have
determined;
a. No condition triggering an imminent hazard evaluation exists for the present or any
planned future use as incorporated in this Notice;
b. Available data are sufficient to be representative of the condition of the Parcel.
The Department has reviewed and approved such data report, a copy of which is available
at the Department's Northeast Regional Service Center located in Wilmington, Massachusetts;
WHEREAS, on the basis of such data report, the Deparbnent has determined that one or
more response actions have been implemented on the Parcel in accordance with the AMOU,
which response actions shall include filing of this Notice by MTA, including the prohibition of
certain uses and activities occurring in, on, through, over, or under the Parcel, and maintaining
certain other requirements of this Notice.
NOW, THEREFORE, notice is hereby given that the prohibited and permitted uses and
activities at the Parcel, and other obligations applicable to the Parcel, are as follows:
I. Prohibited Uses and Activities:
1. Use of the Parcel as a residence without an LSP evaluation. An LSP evaluation must
include an assessment of the risks associated with residential use of this property
with the existing contamination below 3 feet, including asbestos. Appropriate
engineering controls and adjusted limitations on activities to control potential
exposure pathways may be considered when evaluating the use of this property for
residential use.
IL Permitted Uses and Activities
1. Passive and active recreational activities including, but not necessarily limited to,
activities on the paved or grassed areas, sitting on benches or sitting or lying on the
ground surface;
2. Maintenance of grounds including minor re-grading, lawn maintenance, planting
and seeding up to a depth of three feet below ground surface, removal or re-paving
of walkways, replacement or repair of fencing with. intrusion limited to driving of
posts;
3. Excavation associated with limited, short-term utility or construction work
conducted in accordance with the requirements for Utility Related Abatement
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Notice of Restriction Upon Use
Measures, Management Procedures for Remediation Waste, and all applicable
worker health and safety requirements set forth in the Massachusetts Contingency
Plan, 310 CMR 40.0000. Such excavated soil must be returned to its original depth in
its entirety at the conclusion of the repair work. The geotextile marker layer must be
replaced with a marker layer of like and comparable materials, construction, and
specifications immediately following completions of the repair work;
4. Long-term activities and/or uses which are likely to involve the disturbance and/or
removal of the soil located beneath the geotextile marker layer. These activities shall
require development of a Soil Management Plan as specified in the Requirements for
Maintaining Notice;
5. Uses and activities not expressly prohibited by this Notice; and
6. Such other uses and activities determined by an LSP to present no greater risk of
harm to health, safety, public welfare, or the environment than the uses and
activities prescribed by this Notice.
III. Requirements for Maintaining the Notice:
1. Limited, short-term utility or construction work determined to be necessary within
the Parcel shall be conducted in accordance with the requirements for Utility Related
Abatement Measures, Management Procedures for Remediation Waste, and all
applicable worker health and safety requirements set forth in the Massachusetts
Contingency Plan, 310 CMR 40.0000;
2. Excavated soil must be returned to its original depth in its entirety at the conclusion
of the repair work. The geotextile marker layer must be replaced with a marker layer
of like and comparable materials, construction, and specifications immediately
following completions of the repair work;
3. The Soil Management Plan shall be prepared by an LSP prior to the commencement
of any activity that is likely to involve the disturbance and/ or removal of
contaminated soil and shall describe soil excavation, handling, storage, transport
and disposal procedures.
4. The Soil Management Plan must address handling of Asbestos-Containing Material
if excavation is planned below 3 feet. The Plan must require all personnel engaged in
the excavation, handling, and reuse of Asbestos-Contaminated Soil to have all
training, certifications, medical examinations, personal protective equipment, and
any other equipment, training or qualifications required under all applicable local,
State, and Federal regulations as well as the Contractor's Hazardous Materials
Health and Safety Plan. All work must be performed in accordance with current
accepted Best Management Practices for the handling, control, and management of
asbestos-containing material.
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Notice of Restriction Upon Use
N. Change(s) In Use and Activities:
Any change(s) in permitted uses and/ or activities at the parcel, as set forth in
paragraph II above, shall be reviewed by an l.SP, documented, and submitted to the
Department. Where the l.SP review determines that a condition of increased exposure
exists, an LSP Opinion must also be submitted to the Department.
V. Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer:
This Notice shall be incorporated either in full or by reference into all deeds,
easements, mortgages, leases, licenses, occupancy agreements, or any other instrument
of transfer whereby an interest and/ or a right to use or occupy the Parcel or a portion
thereof is conveyed.
MTA hereby authorizes and consents to the filing and recording of this Notice, said
Notice to become effective only after executed and recorded with the Suffolk County
Registry of Deeds.
IN WITNESS WHEREOF, the undersigned attests under the pains and penalties of
perjury that the undersigned is fully authorized to execute and record this Notice and
has caused this Notice of Restriction Upon Use to be duly executed as a sealed
instrument under the laws of the Commonwealth of Massachusetts as of the ISTH
day of October, 2009.
MASSACHUSETIS TURNPIKE AUTHORITY
COMMONWEALTH OF MASSACHUSETTS
Suffolk SS.
On this JS-r.sl day of October, 2009, before me, the undersigned notary
public, personally appeared Jeffrey B. Mullan, the Executive Director of the
Massachusetts Turnpike Authority, whose name is signed on the preceding
document, and such person acknowledged to me that he signed such document
voluntarily for its stated purpose. The identity of such person was proved to me
through satisfactory evidence of identification, which was LJ photographic
identification with signature issued by a federal orrite governmental agency,
LJ oath or affirmation of a credible witness, or
personal knowledge of the
undersigned.
~
My commission expires:
'J/2k bbtO
Page 4 of6
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THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF TRANSPORTATION
MASSACHUSETTS HIGHWAY DEPARTMENT
DEVAL
L.
JAMES
PATRICK
A.
ALOISI JR .
GovcRNOA
SECRETARY
P.
LUISA PAIEWONSKY
TIMOT11Y
MURRAY
COMMISSIONER
LIEUTENllN r GOVERNOR
AFFIDAVIT
I.
My name is TANYA M. BARROS, and I am Director of Contracts and Records for the
Massachusetts Highway Department (MassHighway), and as such I am the designated Keeper of the
Records for MassHighway. My office is at the State Transportation Building at Ten Park Plaza, Boston,
Massachusetts 02116.
2.
This is to evidence that the records of MassHighway disclose and confirm that THOMAS
DONNELLY is the Chief of Staff for Luisa Paiewonsky, the MassHighway Commissioner, and that as of
this date, the aforesaid THOMAS DONNELLY is authorized and empowered to execute all documents
for and on behalf of the aforesaid Luisa Paiewonsky, in her stead.
3.
Accordingly, any and all documents presented as signed by THOMAS DONNELLY shall be
considered as signed on behalf of Luisa Paiewonsky, MassHighway Commissioner, for all intents and
purposes.
DATE: October 30, 2009
SIGNErJ~1~
Director of Contracts and Records
Keeper of the Records
THE COMMONWEALTH OF MASSACHUSETIS
Suffolk, ss.
On this 30th day of October, 2009, before me, the undersigned notary public, personally appeared Tanya
M. Barros, Director of Contracts and Records and Keeper of the Records for the Massachusetts Highway
Department, whose name is signed above, and such person acknowledged to me that she signed such
document voluntarily for its stated purpose. The identity of such person was proved to me through
satisfactory evidence of identification, which was L_J photographic identificati~n with signatu~ued
by a federal or state governmental agency, [_] oath or affinnation of a credible witness, or ~personal
knowledge of the undersigned.
~
~;;.__~....:...._.;...:..;.:.._+-"'~~~~~~~
Notary Public
My commission expires:
TELEPHONE:
TEN PARK PLAZA, BOSTON, MA 02116-3969 (617) 973-7800 •TELEFAX: (617) 973-8040 •TDD: (617) 973-7306 • WWW.MHD.STATE .MA.US Bk: 45667 Pg: 151
Notice of Restriction Upon Use
EXHIBIT A
The Parcel that is subject to this Notice of Restriction Upon Use (referred to as
"Development Parcel 27A" for purposes of this notice) consists of three parcels generally located at
the interchange of Interstate Routes 90 and 93 to the south of Kneeland Street, shown as Excluded
Areas No. I, 2 and 3 on a plan entitled: "THE COMMONWEALTH OF MASSACHUSETTS
PLAN OF ROAD IN THE CITY OF BOSTON, SUFFOLK COUNTY, LAID OUT AS A STATE
HlGHWA Y BY THE DEPARTMENT OF HIGHWAYS," dated October 4, 2007, consisting of 5
sheets, prepared in connection with State highway layout no. 6973, which plan was recorded in the
Suffolk County Registry of Deeds on October 23, 2007, at plan book 2007, page 746. Said Excluded
Areas No. 1, 2 and 3 are shown on sheets I and 2 of said plan (attached hereto) and are more
particularly described in the instrument for said State highway layout no. 6973, recorded at book
42628, page 285, as follows:
Excluded Area No. I begins at the southernmost corner of the parcel herein described, at a
point bearing north 10°49'3411 west and 35.89 feet distant from station 22+78.66 of baseline F
described in State highway layout no. 6973 referenced above, and extends thence northwesterly to
northerly by a compound curve to the right along a radius of 333.00 feet with an arc length of 141.34
feet to a point bearing north on the 61°30'52" east and 25.00 feet distant from station 21 +00.00 of
said baseline F; thence northerly by a curve to the right along a radius of 283.00 feet with an arc
length of 99.02 feet to a point bearing north 80°49148" east and 25.00 feet distant from station
I9+92.55 of said baseline F; thence south 80°49 148 11 west 10.00 feet to a point bearing north
80°49 148 11 east and 15 .00 feet distant from said station; thence northerly by a curve to the right (radial
to the Iine back) along a radius of 296.00 feet with an arc length of 187 .67 feet to a point bearing
south 61°55'57 11 east and 12.26 feet distant from station 17+96.00 of said baseline F; thence north
26°57'57 11 east (not tangent to the curve back) 31.39 feet to a point bearing south 55°53 115 11 east and
10.00 feet distant from station t 7+63.50 of said baseline F; thence northeasterly by a curve to the
right (not tangent to the line back) along a radius of 298.00 feet with an arc length of 77 .50 feet to a
point bearing south 40°59'13 11 east and 10.00 feet distant from station 16+83.40 of said baseline F;
thence south 40°59113" east (radial to the curve back) 8.00 feet to a point bearing south 40°59 113 11 east
and 18.00 feet distant from said station I 6+83.40 of said baseline F; thence north 50°59'02" east
19.95 feet to a point bearing south 37°02'43" east and 18.00 feet distant from station 16+62.21 of said
baseline F; thence north 37°02'43 11 west 8.00 feet to a point bearing south 37°02143 11 east and 10.00
feet distant from said station l 6+62.21; thence northeasterly by a curve to the right (radial to the line
back) along a radius of 298.00 feet with an arc length of 200.49 feet to a point bearing south
36°53'5211 west and 18.12 feet distant from station 84+54.21 of baseline KK described in said State
highway layout no. 6973; thence south 32°13'57" east (not tangent to the curve back) 9.52 feet to a
point bearing south 52°33'16 11 west 21.82 feet distant from station 84+69.01 of said baseline KK;
thence continuing along said bearing 31.50 feet to a point 53.32 feet distant from said station
84+69.01; thence south 37°26'44 11 east 30.00 feet to a point bearing south 52°33'16 11 west and 57.42
feet distant from station 84+99.31 of said baseline KK; thence continuing along said bearing 20.00
feet to a point 77.42 feet distant from said station 84+99 .31; thence south 37°26'44 11 east 4 7.00 feet
to a point bearing south 52°33'16 11 west and 75.46 feet distant from station 85+46.45 of said baseline
KK; thence north 52°33' I 6" east 60.00 feet to a point 15.46 feet from said station 85+46.45 of said
baseline KK; thence southeasterly by a curve to the right (not tangent to the line back) along a radius
of 264.00 feet with an arc length of 62.29 feet and a chord bearing of north 22°45 140 11 west to a point
bearing south 73°39'47 11 west and 13.97 feet distant from station 86+14.21 of said baseline KK;
thence south 30°39'55 11 west (not tangent to the curve back) 485.92 feet to the point of beginning.
Said parcel contains about 117,670 square feet.
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Notice of Restriction Upon Use
Excluded Area No. 2 begins at the southeastemmost comer of the parcel herein described, at
a point bearing north 11°26'45" west and 10.00 feet distant from station 92+55 .96 of baseline KK
described in State highway layout no. 6973 referenced above, and extends thence westerly by a curve
to the right along a radius of 640.00 feet with an arc length of 128.08 feet to a point bearing north
00°01 '14" east and 10.00 feet distant from station 93+86.04 of said baseline KK; thence north
89°58'46 11 west (tangent to the curve back) 34.01 feet to a point bearing north 00°01 '14 11 east and
10.00 feet distant from station 94+20.05 of said baseline KK; thence north 04°38'44" east 227.87
feet to a point bearing south 81°00'32 11 east and 50.93 feet distant from station 77+50.37 of said
baseline KK; thence north 77°54'46" east 5.44 feet to a point bearing south 77°54'46" west and 40.00
feet distant from station 20+ 11.85 of baseline F hereinbefore described; thence southerly by a curve
to the left (not tangent to the line back) along a radius of 348.00 feet with an arc length of 99.60 feet
to a point bearing south 61°30'52 11 west and 40.00 feet distant from station 21 +00.00 of said baseline
F; thence southeasterly by a curve to the left (tangent to the curve back) along a radius of 398.00 feet
with an arc length of 161.14 feet to the point of beginning. Said parcel contains about 15,540 square
feet.
Excluded Area No. 3 begins at the southeastemmost comer of the parcel herein described, at
a point bearing north 74°41 '02 11 west and 29.00 feet distant from station 18+64.54 of baseline F
described in State highway layout no. 6973 referenced above, and extends thence continuing along
said bearing 8.60 feet to a point 37.60 feet from said station l 8+64.54; thence northerly by a curve to
the right along a radius of 600.00 feet with an arc length of 108.61 feet to a point bearing south
71°04'5 l 11 east and 38.24 feet distant from station 8o+30.86 of baseline KK described in said State
highway layout no. 6973, and extends thence south 71°04'5 l" east (radial to the curve back) 8.00 feet
to a point 46.24 feet from said station 80+30.86; thence north 19°29'32" east 11.84 feet to a point
bearing north 69°56'05 11 west and 45.57 feet distant from station 80+43.63 of said baseline KK;
thence north 69°56'05 11 west 8.00 feet to a point bearing south 69°56'05" east 37.57 feet distant from
said station 80+43.63; thence northeasterly to easterly by a compound curve to the right (radial to the
line back) along a radius of 203.75 feet with an arc length of 187.00 feet to a point bearing south
17°20'57 11 east and 14.25 feet distant from station 82+47.81 of said baseline KK; thence continuing
easterly by a curve to the right along a radius of 135.00 feet with an arc length of 102.49 feet to a
point bearing south 11°47'30" west and 27.17 feet distant from station 83+58.69 of said baseline KK;
thence southwesterly by a curve to the left along a radius of333.00 feet with an arc length of 141.51
feet to a point bearing north 37°02'43 11 west and 25.00 feet distant from station 16+62.21 of said
baseline F; and extends thence north 37°02'43 11 west (radial to the curve back) 10.00 feet to a point
bearing north 37°02'43 11 west 35.00 feet distant from said station 16+62.21; thence south 50°59'02 11
west 23.59 feet to a point bearing north 40°59'13 11 west and 35.00 feet distant from station 16+83.40
of said baseline F; thence south 40°59' 13" east 10.00 feet to a point 25.00 feet distant from said
station l 6+83.40; thence southwesterly by a curve to the left (radial to the line back) along a radius of
333.00 feet with an arc length of 86.60 feet to a point bearing north 55°53'15 11 west and 25.00 feet
distant from station 17+63.50 of said baseline F; thence south 37°32'27" west (not tangent to the
curve back) 35.55 feet to a point bearing north 61°55'57 11 west and 29.00 feet distant from station
l 7+96.00 of said baseline F; thence southerly by a curve to the left (not tangent to the line back)
along a radius of337.00 feet with an arc length of75.00 feet to the point of beginning. Said parcel
contains about 12,000 square feet.
The total area of the Parcel is about 145,210 square feet, the sum of Excluded Areas No. l, 2
and 3.
Page6 of6
Bk: 45667 Pg: 153 -----
Bk: 45667 Pg: 154