lp - calloway title and escrow, llc filecommitment no. schedule a (continued) 2-34815(m)(r4) 2...
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LP
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ALTA COMMITMENT FOR TITLE INSURANCE–3/31/17-jm-FIRST AMERICAN TITLE INSURANCE
COMPANY
SCHEDULE A
COMMITMENT NO.
2-34815(M)(R4)
EFFECTIVE DATE OF COMMITMENT:
March 1, 2017 at 5:00 p.m.
YOUR NO.
9087.011
PREPARED FOR: Judy Salerno
BROAD AND CASSEL
INQUIRIES SHOULD BE DIRECTED TO:
CALLOWAY TITLE AND ESCROW, LLC
4170 ASHFORD-DUNWOODY ROAD
SUITE 525
ATLANTA, GEORGIA 30319
(770) 698-7960
1. POLICY OR POLICIES TO BE ISSUED: AMOUNT
* ALTA LOAN POLICY – (2006) $6,750,246.00
PROPOSED INSURED:
Branch Banking and Trust Company, a North Carolina banking corporation, their
successors and/or assigns as their interests may appear
2. The estate or interest in the land described or referred to in this Commitment and covered
herein is a Fee Simple.
3. Title to said estate or interest in said land is at the effective date hereof vested in:
Concorde East-West Cobb, LLC, a Georgia limited liability company by virtue of that
certain Limited Warranty Deed recorded in Deed Book 15287, Page 1481, Records of
Cobb County, Georgia.
4. The land referred to in this Commitment is located in the County of Cobb, State of
Georgia, and described as follows:
ALL THAT TRACT or parcel of land lying and being in Land Lots 924, 925, 926 and 927
of the 19th District, 2nd Section of Cobb County, Georgia, being more particularly
described on Exhibit “A” attached hereto and by this reference incorporated herein.
COMMITMENT NO. SCHEDULE A (CONTINUED)
2-34815(M)(R4)
2
TOGETHER WITH those easement rights arising under that certain Easement With
Covenants and Restrictions Affecting Land ("ECR") by and between Wal-Mart Real Estate
Business Trust, a Delaware business trust, Jacoby Lindbergh Properties II, L.L.C., a
Georgia limited liability company, Austell Shops Associates, L.L.C., a Georgia limited
liability company and Gipson/East-West, L.L.C., a Georgia limited liability company, dated
as of January 14, 1999, filed for record January 19, 1999 at 2:58 p.m., recorded in Deed
Book 12108, Page 162, Records of Cobb County, Georgia; as amended by that certain
First Amendment to Easements With Covenants and Restrictions Affecting Land by and
between Wal-Mart Real Estate Business Trust, a Delaware business trust, Jacoby
Lindbergh Properties II, L.L.C., a Georgia limited liability company, Austell Shops
Associates, L.L.C., a Georgia limited liability company and Gipson/East-West, L.L.C., a
Georgia limited liability company, dated as of January 31, 2000, filed for record February
2, 2000 at 11:28 a.m., recorded in Deed Book 13239, Page 4333, aforesaid Records; as
further amended by that certain First Amendment to Easements with Covenants and
Restrictions Affecting Land by and between Wal-Mart Real Estate Business Trust, a
Delaware statutory trust, 998, LLC, a Georgia limited liability company, 1133 Shops, LLC,
a Georgia limited liability company and Gipson/East-West, LLC, a Georgia limited liability
company, dated June 16, 2003, filed for record July 21, 2003 at 4:33 p.m., recorded in
Deed Book 13798, Page 884, aforesaid Records; as affected by that certain Notice of
Interest by SouthTrust Bank, National Association, a national banking association, dated
January 14, 1999, filed for record January 19, 1999 at 2:58 p.m., recorded in Deed Book
12108, Page 182, aforesaid Records; as further affected by that certain QuitClaim Deed
from SouthTrust Bank, N.A. N/K/A SouthTrust Bank to Gipson/East-West, LLC, dated
August 22, 2001, filed for record October 11, 2001 at 4:46 p.m., recorded in Deed Book
13429, Page 4796, aforesaid Records; as further affected by that certain Notice of
Interest by and between 998, LLC, a Georgia limited liability company and 1133 Shops,
LLC, a Georgia limited liability company, dated July 31, 2001, filed for record August 9,
2001 at 3:20 p.m., recorded in Deed Book 13402, Page 4513, aforesaid Records; as
further affected by that certain Notice Statement by Austell WM Property Group, LLC, a
Georgia limited liability company, dated as of June 26, 2004, filed for record June 30,
2004 at 4:13 p.m., recorded in Deed Book 14003, Page 3279, aforesaid Records; as
further affected by that certain Notice of Interest by Bank of America, N.A., a national
banking association, dated as of August 20 2004, filed for record September 3, 2004 at
11:32 a.m., recorded in Deed Book 14036, Page 6383, aforesaid Records; as further
affected by that certain Notice of Interest by Countrywide Commercial Real Estate
Finance, Inc., dated as of June 14, 2007, filed for record June 20, 2007 at 12:31 p.m.,
recorded in Deed Book 14504, Page 609, aforesaid Records; as further affected by that
certain Notice of Interest by Gemini East West H, LLC and Gemini East West S, LLC, a
Georgia limited liability company, dated as of June 13, 2007, filed for record June 21,
COMMITMENT NO. SCHEDULE A (CONTINUED)
2-34815(M)(R4)
3
2007 at 11:02 a.m., recorded in Deed Book 14504, Page 2793, aforesaid Records; as
further affected by that certain Notice of Interest by TPP 19 Austell, LLC, a Delaware
limited liability company, dated as of December 16, 2011, filed for record December 30,
2011 at 12:47 p.m., recorded in Deed Book 14907, Page 3855, aforesaid Records; as
further affected by that certain Notice of Interest by Cantor Commercial Real Estate
Lending, L.P., a Delaware limited partnership, dated as of April 20, 2012, filed for record
April 26, 2012 at 1:13 p.m., recorded in Deed Book 14939, Page 1904, aforesaid
Records; as further affected by that certain Notice of Interest by Osprey Capital Fund,
LLC, a Florida limited liability company, dated as of October 14, 2015, filed for record
October 22, 2015 at 2:26 p.m., recorded in Deed Book 15287, Page 1526, aforesaid
Records; as further affected by that certain Notice of Interest by Concorde East-West
Cobb, LLC, a Georgia limited liability company, dated as of October 14, 2015, filed for
record October 22, 2015 at 2:26 p.m., recorded in Deed Book 15287, Page 1528,
aforesaid Records.
ALSO TOGETHER WITH those easement rights arising under that certain Declaration of
Reciprocal Easements and Covenants by Gipson/East-West, L.L.C., a Georgia limited
liability company, dated as of September 6, 2001, filed for record October 11, 2001 at
4:46 p.m., recorded in Deed Book 13429, Page 4758, aforesaid Records.
CALLOWAY TITLE AND ESCROW, LLC
__________________________________
AUTHORIZED SIGNATORY
COMMITMENT NO. PART I, SCHEDULE B
2-34815(M)(R4)
4
I. THE FOLLOWING ARE REQUIREMENTS TO BE COMPLIED WITH:
1. Instruments necessary to create the estate or interest to be insured must be properly
executed, delivered and duly filed for record; to wit:
DEED TO SECURE DEBT from Concorde East-West Cobb, LLC, a Georgia limited liability
company to Branch Banking and Trust Company, a North Carolina banking corporation
to secure your loan.
This instrument must be executed pursuant to proper limited liability company authority
and the Company must be furnished satisfactory documentary proof thereof. Said
limited liability company must be formed in the State of Georgia or registered in the
State of Georgia and the Company must be furnished documentary proof thereof.
2. Payment to or for the account of the mortgagor for the full consideration for the estate
or interest to be insured.
3. Execution, delivery and recordation of a corrective limited warranty deed or scrivener’s
affidavit to correct that certain Limited Warranty Deed from GCCFC 2007-GG11
Connector Retail Limited Partnership, a Georgia limited partnership to Concorde East-
West Cobb, LLC, a Georgia limited liability company, dated as of October 14, 2015,
filed for record October 22, 2015 at 2:26 p.m., recorded in Deed Book
15287, Page 1481, Records of Cobb County, Georgia.
NOTE: The above is required to correct the following directional calls on the legal
description:
Call on line 7 of the legal description under Exhibit “A” reads “thence 1,687.25
feet along”; same should read “thence 1,687.25 feet easterly along.”
Call on line 17 of the legal description under Exhibit “A” reads “by a chord of
south 83 degrees 24 minutes 09 seconds, 397.55 feet”; same should read “by
a chord of south 83 degrees 24 minutes 09 seconds east, 397.55 feet.”
Call on line 24 of “Also Described As” of the legal description reads “southerly
Right-of-Way, south 10 degrees…”; same should read “southerly Right-of-Way,
south 01 degrees…”
COMMITMENT NO. PART I, SCHEDULE B (CONTINUED)
2-34815(M)(R4)
5
4. Payment, Cancellation and Satisfaction of record of the following:
(a) Deed to Secure Debt, Security Agreement and Uniform Commercial Code Fixture
Filing from Concorde East-West Cobb, LLC, a Georgia limited liability company to
Osprey Capital Fund, LLC, a Florida limited liability company, dated effective as
of October 14, 2015, filed for record October 22, 2015 at 2:26 p.m., recorded
in Deed Book 15287, Page 1488, aforesaid Records; securing an indebtedness
of $4,350,000.00, maturing April 14, 2017; as affected by that certain
Subordination, Non-Disturbance and Attornment Agreement by and between
Fitness International, LLC, a California limited liability company (formerly known
as L.A. Fitness International, LLC), Osprey Capital Fund, LLC, a Florida limited
liability company and Concorde East-West Cobb, LLC, a Georgia limited liability
company, dated as of October 14, 2015, filed for record November 12, 2015 at
12:47 p.m., recorded in Deed Book 15292, Page 1946, aforesaid Records; as
further affected by that certain Collateral Assignment of Note, Deed to Secure
Debt and Loan Documents from Osprey Capital Fund, LLC, a Florida limited
liability company to USAmeriBank, a Florida banking corporation, dated as of
December 14, 2015, filed for record December 22, 2015 at 9:34 a.m., recorded
in Deed Book 15301, Page 1754, aforesaid Records; as modified by that certain
Deed to Secure Debt Modification, Future Advance and Extension Agreement by
and between Concorde East-West Cobb, LLC, a Georgia limited liability company
and Osprey Capital Fund, LLC, a Florida limited liability company, dated effective
as of November 30, 2016, filed for record January 3, 2017 at 1:17 p.m., recorded
in Deed Book 15407, Page 4584, aforesaid Records.
(b) Assignment of Leases, Rents and Contract Rights from Concorde East-West
Cobb, LLC, a Georgia limited liability company to Osprey Capital Fund, LLC, a
Florida limited liability company, dated as of October 14, 2015, filed for record
October 22, 2015 at 2:26 p.m., recorded in Deed Book 15287, Page 1513,
aforesaid Records.
5. Termination of record of the following:
(a) U.C.C. Financing Statement showing Concorde East-West Cobb, LLC as Debtor
and Osprey Capital Fund, LLC as Secured Party, filed for record October 22, 2015
at 2:26 p.m., recorded in Deed Book 15287, Page 1521, aforesaid Records.
COMMITMENT NO. PART I, SCHEDULE B (CONTINUED)
2-34815(M)(R4)
6
(b) U.C.C. 1 Financing Statement No. 0332015006031 showing Joseph C. LeBas,
Jr. and Concorde Group Holdings, LLC as Debtors and Osprey Capital Fund, LLC
as Secured Party, entered of record October 22, 2015 at 2:26 p.m., aforesaid
Records.
6. Proof satisfactory to the Company that any and all water bills associated with subject
property have been paid in full through the date of closing.
NOTE: This requirement cannot be satisfied solely by the production of an affidavit
from the seller or borrower, but requires separate verification with the
appropriate county, municipality and/or service providers.
7. The Company must be furnished proof in affidavit form as to who is in possession of
the subject property and under what claim. Upon receipt of such proof, Item 2(a) of
Part II below will be deleted or amended in accordance with the facts revealed thereby.
8. The Company must be furnished a current accurate survey and surveyor’s inspection
report on the subject property. Upon receipt of same, Items 2(b) and 2(c) of Part II
below will be deleted or amended in accordance with the facts shown thereby.
9. The Company must be furnished satisfactory proof in affidavit form that improvements
and/or repairs or alterations to the property are completed; that contractor,
subcontractors, laborers and materialmen are all paid, and have released of record all
liens or notice of intent to perfect a lien for labor and material; or receipt of proof
satisfactory to the Company that no improvements or repairs were made on the property
within 95 days preceding the filing for record of the instruments required at Item 1
above. Upon receipt of this proof, Item 2(d) of Part II below will be deleted or amended
in accordance with the facts shown thereby.
10. Proof satisfactory to the Company that all taxes or special assessments, including water
bills, which are not shown as existing liens on the public records are paid in full at the
time of closing. Upon receipt of such proof, Item 2(e) of Part II below will be deleted
or amended in accordance with the facts shown thereby.
11. Satisfactory proof to the Company in affidavit form that there are no rights, interest or
claim that may exist, arise or be asserted under or pursuant to the Perishable Agricultural
Commodities Act of 1930, as amended, 7 USC 499a et seq., the Packers and Stockyard
Act of 1921, as amended, 7 USC 181 et seq., or any similar state laws.
COMMITMENT NO. PART I, SCHEDULE B (CONTINUED)
2-34815(M)(R4)
7
12. Satisfactory proof in affidavit form from both the Seller and from the Buyer (or Borrower
if there is no sale involved) i.) that no Broker’s services have been engaged with regard
to the management, sale, purchase, lease, option or other conveyance of any interest
in the subject commercial real estate and ii.) that no notice(s) of lien for any such
services has been received. In the event that said affidavit(s) contain any qualification
with respect to any such services, proof of payment in full for all such services, together
with a lien waiver or estoppel letter from such identified Broker(s) must be obtained.
NOTE: Where the possibility of a right to file a Broker’s Lien(s) is determined and
no lien waiver(s) nor Estoppel Letter(s) is furnished to the Company, an
exception as follows will be taken in the final policy:
“Any Broker’s lien, or right to a Broker’s lien, imposed by law.”
FOR YOUR INFORMATION:
State and County taxes for the year 2016 were paid on October 15, 2016 in the amount of
$62,850.96, under Map Reference No. 19092500010, on 15.74 acres.
There were no back taxes due. The property lies outside of any city.
NOTE: 2015 taxes were paid under appeal. Amounts are subject to change.
COMMITMENT NO. PART II, SCHEDULE B
2-34815(M)(R4)
8
II. SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO
THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION
OF THE COMPANY:
1. Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof but
prior to the date the proposed Insured acquires for value of record the estate or interest
or mortgage thereon covered by this Commitment.
2. Standard Exceptions:
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by an accurate survey or inspection of the premises.
(d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
(e) Taxes or special assessments which are not shown as existing liens by the public
records.
3. Special Exceptions:
(a) All taxes for the year 2017 which are liens, and subsequent years, not yet due and
payable.
(b) Real Property taxes for the year 2015 are currently under appeal. No insurance is
provided for any additional amounts owed for those years after the conclusion or
dismissal of those appeals.
(c) Any and all unpaid water bills associated with subject property.
NOTE: The above item may be removed or modified upon further examination.
(d) This policy of title insurance affords assurance as to the location of the boundary
lines of subject property, but does not insure the engineering calculations in
computing the exact amount of acreage contained therein.
(e) [INTENTIONALLY OMITTED]
(f) [INTENTIONALLY OMITTED]
COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)
2-34815(M)(R4)
9
(g) [INTENTIONALLY OMITTED]
(h) Right of Way Easement as contained in that certain Condemnation – Colonial
Pipeline Company vs. Mrs. Veleta Lester Wilson formerly known as Mrs. Veleta
Lester Roberts, dated September 2, 1962, filed for record October 5, 1962 at
12:30 p.m., recorded in Deed Book 666, Page 384, Records of Cobb County,
Georgia; as affected by that certain Consent Judgment, dated September 10,
1963, filed for record November 1, 1965 at 3:00 p.m., recorded in Deed Book
873, Page 472, aforesaid Records; as further affected by that certain Supplemental
Right of Way Agreement from Mrs. Veleta Lester Wilson to Colonial Pipeline
Company, a Delaware corporation, dated September 14, 1971, filed for record
October 15, 1971 at 12:30 p.m., recorded in Deed Book 1261, Page 540,
aforesaid Records.
(i) Right of Way Easement from Robert M. Sessions to Colonial Pipeline Company, a
Delaware corporation, dated June 27, 1962, filed for record December 7, 1962 at
11:30 a.m., recorded in Deed Book 675, Page 666, aforesaid Records
(j) Right of Way Easement from South Cobb Limited Partnership, a Georgia limited
partnership, having as its general partners, Rhodes L. Purdue and R-H Land, Inc. to
Colonial Pipeline Company, a Delaware corporation, dated October 4, 1977, filed
for record October 19, 1977 at 1:27 p.m., recorded in Deed Book
1828, Page 150, aforesaid Records; as amended by that certain Right of Way
Easement and Modification Agreement by and between South Cobb Limited
Partnership and Colonial Pipeline Company, a Delaware corporation, dated January
11, 1996, filed for record February 12, 1996 at 11:42 a.m., recorded in Deed
Book 9407, Page 244, aforesaid Records; as affected by that certain QuitClaim
Deed from Colonial Pipeline Company to South Cobb Limited Partnership, a Georgia
limited partnership whose general partners are R-H Land, Inc. and Rhodes L.
Perdue, dated November 9, 1993, filed for record January 20, 1994 at 4:26 p.m.,
recorded in Deed Book 7977, Page 111, aforesaid Records.
(k) [INTENTIONALLY OMITTED]
(l) [INTENTIONALLY OMITTED]
(m) [INTENTIONALLY OMITTED]
COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)
2-34815(M)(R4)
10
(n) Communication Systems Right of Way and Option/Easement Agreement from
South Cobb Limited Partnership, Inc. to American Telephone and Telegraph
Company, a New York corporation, dated October 8, 1987, filed for record October
23, 1987 at 12:51 p.m., recorded in Deed Book 4689, Page 359, aforesaid
Records.
(o) Easement With Covenants and Restrictions Affecting Land ("ECR") by and between
Wal-Mart Real Estate Business Trust, a Delaware business trust, Jacoby Lindbergh
Properties II, L.L.C., a Georgia limited liability company, Austell Shops Associates,
L.L.C., a Georgia limited liability company and Gipson/East-West, L.L.C., a Georgia
limited liability company, dated as of January 14, 1999, filed for record January
19, 1999 at 2:58 p.m., recorded in Deed Book 12108, Page 162, aforesaid
Records; as amended by that certain First Amendment to Easements With
Covenants and Restrictions Affecting Land by and between Wal-Mart Real Estate
Business Trust, a Delaware business trust, Jacoby Lindbergh Properties II, L.L.C.,
a Georgia limited liability company, Austell Shops Associates, L.L.C., a Georgia
limited liability company and Gipson/East-West, L.L.C., a Georgia limited liability
company, dated as of January 31, 2000, filed for record February 2, 2000 at
11:28 a.m., recorded in Deed Book 13239, Page 4333, aforesaid Records; as
further amended by that certain First Amendment to Easements with Covenants
and Restrictions Affecting Land by and between Wal-Mart Real Estate Business
Trust, a Delaware statutory trust, 998, LLC, a Georgia limited liability company,
1133 Shops, LLC, a Georgia limited liability company and Gipson/East-West, LLC,
a Georgia limited liability company, dated June 16, 2003, filed for record July 21,
2003 at 4:33 p.m., recorded in Deed Book 13798, Page 884, aforesaid Records;
as affected by that certain Notice of Interest by SouthTrust Bank, National
Association, a national banking association, dated January 14, 1999, filed for
record January 19, 1999 at 2:58 p.m., recorded in Deed Book 12108, Page 182,
aforesaid Records; as further affected by that certain QuitClaim Deed from
SouthTrust Bank, N.A. N/K/A SouthTrust Bank to Gipson/East-West, LLC, dated
August 22, 2001, filed for record October 11, 2001 at 4:46 p.m., recorded in
Deed Book 13429, Page 4796, aforesaid Records; as further affected by that
certain Notice of Interest by and between 998, LLC, a Georgia limited liability
company and 1133 Shops, LLC, a Georgia limited liability company, dated July 31,
2001, filed for record August 9, 2001 at 3:20 p.m., recorded in Deed Book
13402, Page 4513, aforesaid Records; as further affected by that certain Notice
Statement by Austell WM Property Group, LLC, a Georgia limited liability company,
dated as of June 26, 2004, filed for record June 30, 2004 at 4:13 p.m., recorded
in Deed Book 14003, Page 3279, aforesaid Records; as further affected by that
COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)
2-34815(M)(R4)
11
certain Notice of Interest by Bank of America, N.A., a national banking association,
dated as of August 20 2004, filed for record September 3, 2004 at 11:32 a.m.,
recorded in Deed Book 14036, Page 6383, aforesaid Records; as further affected
by that certain Notice of Interest by Countrywide Commercial Real Estate Finance,
Inc., dated as of June 14, 2007, filed for record June 20, 2007 at 12:31 p.m.,
recorded in Deed Book 14504, Page 609, aforesaid Records; as further affected
by that certain Notice of Interest by Gemini East West H, LLC and Gemini East
West S, LLC, a Georgia limited liability company, dated as of June 13, 2007, filed
for record June 21, 2007 at 11:02 a.m., recorded in Deed Book
14504, Page 2793, aforesaid Records; as further affected by that certain Notice
of Interest by TPP 19 Austell, LLC, a Delaware limited liability company, dated as
of December 16, 2011, filed for record December 30, 2011 at 12:47 p.m.,
recorded in Deed Book 14907, Page 3855, aforesaid Records; as further affected
by that certain Notice of Interest by Cantor Commercial Real Estate Lending, L.P.,
a Delaware limited partnership, dated as of April 20, 2012, filed for record April
26, 2012 at 1:13 p.m., recorded in Deed Book 14939, Page 1904, aforesaid
Records; as further affected by that certain Notice of Interest by Osprey Capital
Fund, LLC, a Florida limited liability company, dated as of October 14, 2015, filed
for record October 22, 2015 at 2:26 p.m., recorded in Deed Book
15287, Page 1526, aforesaid Records; as further affected by that certain Notice
of Interest by Concorde East-West Cobb, LLC, a Georgia limited liability company,
dated as of October 14, 2015, filed for record October 22, 2015 at 2:26 p.m.,
recorded in Deed Book 15287, Page 1528, aforesaid Records; but omitting any
restriction based on race, color, religion, sex, handicap, familial status, or national
origin unless and only to the extent that said covenant (a) is exempt under Chapter
42, Section 3607 of the United States Code or (b) relates to handicap but does
not discriminate against handicapped persons.
(p) [INTENTIONALLY OMITTED]
(q) Development Agreement by and between Cobb County, Georgia and Gipson East-
West, LLC, dated February 23, 2001, filed for record March 5, 2001 at 2:19 p.m.,
recorded in Deed Book 13335, Page 6362, aforesaid Records.
(r) Declaration of Reciprocal Easements and Covenants by Gipson/East-West, L.L.C.,
a Georgia limited liability company, dated as of September 6, 2001, filed for record
October 11, 2001 at 4:46 p.m., recorded in Deed Book 13429, Page 4758,
aforesaid Records.
COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)
2-34815(M)(R4)
12
(s) Deed of Conservation Easement by and between Gipson/East-West, LLC and Cobb
County, Georgia, a political subdivision of the State of Georgia, dated December
16, 2004, filed for record December 21, 2004 at 4:02 p.m., recorded in Deed
Book 14087, Page 4656, aforesaid Records; as re-recorded March 4, 2005 at 3:29
p.m., recorded in Deed Book 14119, Page 6408, aforesaid Records.
(t) [INTENTIONALLY OMITTED]
(u) [INTENTIONALLY OMITTED]
(v) Those matters as disclosed by that certain survey entitled “ALTA/ACSM Land Title
Survey Osprey Capital Fund, LLC, a Florida limited liability company, Johnson,
Pope, Bokor, Ruppel & Burns, LLP, Novare National Settlement Service, LLC,
Concord East-West Cobb, LLC ad First American Title Insurance Company”,
prepared by TerraMark Land Surveying, Inc., bearing the seal and certification of
John C. Blount, Georgia Registered Land Surveyor No. 2887, dated October 9,
2015, being designated as Project No. 2015-209, as follows:
(1) Overhead power line crossing the westerly boundary line of subject property;
(2) Fences meandering along and crossing the easterly and southerly boundary
lines of subject property;
(3) Accessway crossing the westerly boundary line of subject property;
(4) Fifty (50’) foot building setback line along the Right-of-Way of East West
Connector;
(5) Fifteen (15’) foot building setback line along the easterly and westerly
boundary lines of subject property; and
(6) Thirty (30’) foot building setback line with one hundred (100’) foot natural and
landscape buffer along the southerly boundary line of subject property.
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