CHECKLIST FOR COMPLETED APPLICATION PACKET: 7 Application with fee (completed, signed by and notarized) (No personal checks accepted) ate Statement of Intent __ Z__ Application Must Be Signed By Owner & Applicant Site Plan or location map VM. Copy of Warranty Deed (filed and recorded at the courthouse) with legal description granting title to the current owner /__ typed Legal Description on Separate Page from Warranty Deeds in Microsoft Word (Must be the legal description that is on the ) Vv Copy of notification letters sent to property owners and neighborhood associations + Include with letter a copy of hearing procedure (p.11) + Submit stamped certified mailing receipts with 7 application. Maps Jerrold Do For Cases (New Item) ___L_ Put Ward # on Application (Top Right Corner) Planner’s Initial (For Planner Accepting Packet) Date Accepted: 6 ~ 5715JACKSON CITY PLANNING BOARD'S ZONING PETITION HEARING PROCEDURE, ‘The Planning Boards Zoning Hearing Meeting functions as a fact finding body only. The purpose of this hearing is to gather and make a record of all pertinent information concerning the petitions in question. A court reporter will take down all statements at the hearing. In addition, a tape recording will be made, A recommendation will be made by the Planning Board and submitted in writing to the City Council. AN parties of record on a petition at this hearing will receive a copy of the recommendation on that petition through their spokesman. For this reason, interested parties should not request nor expect any commitment from this Board either at this hearing or later. ‘The procedure for hearing the Zoning petitions will be as follows: ‘A. The Chair will call the petition {by number and name of the petitioner) before the Board members. The petitions will be called in order of the agenda. An inquiry will be made as to whether there is opposition to the petitioner=s request. B. The Zoning Staff will describe the request and location, the existing land use and zoning in the surrounding area, will note the availability of existing utilities, and traffic counts. The Staff will then present their recommendation, noting any conflict with the Future Land Use Plan. ©. Petitioners presentation for: 1. Rezoning must document significant change in the land use character of the area and the existence of a community need for the petitioned zoning classification. 2. A variance must demonstrate a physical hardship not created by the gpplicent and that the granting of the variance will not confer upon the applicant any special privilege that is, denied to any other similar lands, structures or buildings in the same district, 3. A spectal exception must demonstrate that the granting of the special exception will not adversely affect the surrounding properties nor otherwise be detrimental to the public welfare, 4, Ausg permit must demonstrate that the granting of the use permit will not adversely affect the surrounding properties, nor otherwise be detrimental to the public welfare and must include a site plan approved by all relevant City departments. D. Any opposition will next proceed with its entire argument within the specified fifteen (15) minutes eummary time period. , Petitioner may use any part of the fifteen (15} minutes remaining to address the questions raised by objectors, if any. F. The hearing of evidence on this petition will then be concluded, During the course of this hearing, members of the City Planning Board and Staff will be asking questions of the witnesses as they appear in order to gain additional information. As a matter of policy and, as a courtesy to the witness, questions will be held until his/her testimony is completed. However, if members of this Board feel cornpelled to interrupt the testimony to ask a question, they are free to do 80. ‘The nature or tone of any questions asked by a member of this Board ar Staff should not ‘be construed in any way to be an indication of the opinion of the individual or of the Board as a whole. ‘The Board and Staff are simply attempting to gain all the significant information necessary for a recommendation to the City Council ‘Mis is a public hearing, Anyone who desires to present constructive evidence or testimony which is pertinent to a petition is encouraged to do so, as long as it is contained within the framework mentioned above. However, each side should have its testimony well organized, and duplicating testimony should be avoided. It ig the intention of this Board that these proceedings shall be conducted in an orderly, efficient ‘manner, with proper courtesy shown to all parties. Comments from persone not recognized by this moderator as having the floor to speak shall not be admissible, recorded, or considered ae testimony. oeJune 5, 2015 Dear Sir or Madam: Please be advised Goodwill Industries of Mississippi Inc. has filed with the City of Jackson an application fora: REZONING ‘special Exception Use Permit __X__ Variance for the property located at: 4950 1.55 North, Jackson, MS 39211 ‘The property is currently used as commercial rental property. ‘The proposed use of the property is for a Goodwill Select Store. ‘The City of Jackson Planning Board will conduct a public hearing on this application on: Date: July 22, 2015 at 2:30pm at 200 S. President Street in the Andrew Jackson Conference Room — 1" Floor of the Warren A. Hood Building |Asa property owner within 160 feet of the subject property or a neighborhood organization within 1000 feet of the subject property, you have the right to be present at the hearing and to make a statement concerning the proposed action, Persons testifying for or against the action will be subject to the time limitations regulated by the Planning Board (see attached hearing procedure). You may also submit a letter of support or opposition to the Zoning Administrator to P.O. Box 27, Jackson, MS 39205 (200 S. President Street, Room 204). Additional information about this proposed Zoning Action case may be obtained by calling the Land Development Office at 601-960-2037. Sincerely, Goodwill Industries of Mississippi, Inc. By: : Gray Wi resident ‘Applicant AttachmentStatement of Intent Goodwill Industries of Mississippi, Ine. Goodwill Industries of Mississippi, Inc. desires to open a new Goodwill Select Store in the shopping center located at 4950 Interstate 55 North in Jackson, The shopping center is sometimes known 2s Jacksonian Plaza, The property is currently zoned C-3. This shopping center now includes Kroger, Books-a-Million, Signs First, Wendy’s and other merchants, The center enjoys a tremendous volume of customer traffic. Even though this shopping center is zoned C-3 and fronts directly on Interstate 55, the zoning. regulations require a variance because Goodwill is considered to be a “second hané” store under the zoning regulations because the property is located close to a multifamily residential complex and the Willie Morris Branch of the Jackson Public Library, The location of a Goodwill Select Store in Jacksonian Plaza should have little, if any, impact on the surrounding area. ‘The residentially zoned area is an apartment complex, not single family residential. ‘The library branch is located on the far side of the apartment complex and on the other side of Old Canton Road. There will be no impact to the library related to Goodwill’s new store. From a zoning perspective the proposed location in a busy shopping center on the Interstate should be a very appropriate location for Goodwill’s new store. Goodwill is requesting a variance from the C-3 regulations, which restricts the location based on distances to a residentially zoned property and to the Jackson Public Library Branch, to permit the location of a Goodwill Select Store at 4950 Interstate 55 North in Jacksonian Plaza.CITY OF JACKSON, MS Application for Zoning Action. Application Must Be Signed By Owner of Property 1. Please choose one or more of the following Zoning Action Requests: __Regoning From ___ To || Use Permit |] __Special Exception || X_Variance(s} {Ih Subject Property Address: _4950 1-56 North, Jackson, MS 39214 ‘Sea mbar and nae a scion Plcaton V propor 6 a waa Current Zoning for property: C3 La _— S07 - 320. -§ ___— "tax Parcel Numb IIL, Size of Property: Lot Frontage _304 feet Lot Depth 800 feet ‘Square footage/ Acres approxi Improved or Unimproved? __\mproved ifimproved, number of existing buildings? _1 Use of buildings: Residential Commercial Industrial acres IV. Purpose for requested Zoning Action: (Brief Description) _Variange to pen Yhve thew any Gity Code Violations on this property? __No 7 Ifues, please give details and dates of violations: Ae there any Restrictive Covenants? _Y8S If yas, please attach copies of Covenants. ‘Vil, Has there been any Zoning Action filed on this property in the past? No Tf yes, please altach copies of agency findings and decisions.VIII, APPLICANT'S INFORMATION: Name; _ Goodwill Industries of Mississippi, Inc. Mailing Address: _ 104 East State Street city: Ridgeland tate:_MS. aap OO tere seteec Contact Phone: _ 601-853-3576 _ Fax: _ 601-863-8113 Email: _ gWiggers@netdoor.com ie : Tx. NT WILL BE. a USame as above Name: _ Robert C Hutchison e Mailing Address: _P © Box 22608 eae eta City: _Jackson State: _MS 39225-2608 Contact Phone: _' 837 Fax: _ 601-960-8609 ee jemait: __Fobert.hutchison@formanwatkins.com, X. CURRENT PROPERTY OWNER(S) Same as above Name: __Brixmor GA Apollo I! Sub LLG pause Mailing Address: _ 3440 Preston Ridge Rd, Bldg IV, Suite 425 City: _ Alpharetta ‘State: GA Zip: _ 30005 ee Contact Name: _ J, Matk Worley — Contact Phone: _770-442-3773 Rmail: _Markworley@brixmor.com __ Fax: _ 770-442-3776 XI, APPLICATION FEE SCHEDULE: ‘Application fees are non-refundable after public hearing, Rezoning/Use Permit/PUD $501 for first five (5) acres, plus $30 for each additional acre Special Exception $801 with a $100 annual renewal fee {subject to City Council approval) X___Nariance(s) $901 plus $100 for each additional Variance request $301.00 TOTAL to be included with applicationAPPLICATION MUST BE FILED ON OR BEFORE 12:00PM ON THE DEADLINE DATE to be jnchuded on the next month's Planning Board Meeting Agenda. Planning Board Meetings are held on ‘the fourth (4th) Wednesday of the month at 1:30pm in the Andrew Jackson Conference Room, ‘Warren A. Hood Building located at 200 S. President Street. November and December Planning Board Meetings will be held the third (3%) Wednesday due to the holidays. Pease review the enclosed schedule to confirm exact dates before sending out notification letters DECLARATION: By signing this application, it is understood and agreed that permission is hereby given the duly authorized representative of the City of Jackson to make an investigation of the need for the Zoning Action Request, place signs on the subject property and verily authenticity of the applicant(s) and properly owner(s}. It is further understood that the Zoning Administrator and staff may inspect the subject property, make photographs and obtain any verifications and data necessary for preparation of its report to the Planning Board and City Council. ‘The above information is true, and complete to the best of my Knowledge, G f Mississippi, Inc. Brixmor GA Apollo Il Sub LLC By: Applicant's Property Owner's Signature WITNESS THE SIGNATURE(S) of the owner(s) of the subject property located at 4950 I-55 North, Jackson, Mississipp! On this the day of __ June 20:15 STATE OF MISSISSIPPI COUNTY OF HINDS Personally came and appeared before me, the within named: Goran Nid aerd ceo 35 who signed and delivered the above and foregoing instrument as and for their free act and deed ‘on the day and year therein mentioned, and who acknowledged to me that they are the owner(s) of the subject property as described in this Zoning Action Application. day of GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE, thie the 5 June 20.15 ‘MY COMMISSION EXPIRES: Ute B omission Exes, ev. 62018APPLICATION MUST BE FILED ON OR BEFORE 12:00PM ON THE DEADLINE DATE to be included on the next month’s Planning Board Meeting Agends. Planing Hoard Mectings are held on the fourth (4th) Wednesday of the month at 1:30pm in the Andrew Jackson Conference Room, ‘Warren A. Hood Building located at 200 S, President Street, November anc December Planning Boarel Mectings ‘will be held the third (3%) Wednesday due to the holidays. Please review the enclosed schedule to confirm exact dates before sending cut notification letters, DECLARATION: By signing thio application, it is understood and agreed that permission is hereby given the duly authorized representative of the City of Jackson to make an investigation of the need for the Zoning Action Request, place signa on the subject properly and vesify authenticity of the applicant(s) and property owner(s). It is further understood that the Zoning Administeator and staff may inspect the subject property, make photographs and obtain any verifications and data necessary for preparation of its report to the Planning Board and City Council. ‘The above information is truc, and complete to the best of my knowl ‘Goodwill Industries of Mississippi, Inc, Brixmor GA. Sub LLC ‘Applicant's Signature Property Owner’s ner OWfiier{a) of the subject property located at ___gactoson, Mississippi on this thePZt_ aay of June. 2015. STATE OF MISSISSIPPI COUNTY OF HINDS Personally came and appeared before me, the within named: who signed and delivered the above and foregoing instrument as and for their free act and deed ton the day and year therein mentioned, and who acknowledged (o me that they are the owner(6) of the subject property as described in this Zoning Action Application. GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE, this the SE™ day ot June 2015 =a THER y Le MY COMMISSION EXPIRES: oy, WORK 2h 2 a ae itscsd tox. ax pee,“Ths document prepared by (ond after wecording olan to): ‘Name: ‘Dovid C.Djsha, Bia Flem/Company: Clifford Chance US LLP Address: 31 W. 52 Streot ‘Cy, Slate, Zip: New Yat, New York 10019 Abo Then Rater oe I i Oly —oe ‘WARRANTY DEED (Corporation to Corporation) 1013893 FOR VALUABLE CONSIDERATION OF $4,000,000.00, and other good end valuable consideration, cash in hand paid, the reoeint and sutielenay of which is beroby acknowledged, CA NEW PLAN MISSISSIPPI PARTNERSHIP 0, 1.P,,e limited paztnerahip organard under tho laws of the stale of Delaware, hersinafer refered to at “Grastor", does hereby convey and warrant unio GALILEO APOLLO Ti SUR LLG, « limited lability company organized under the laws ofthe state of Delawase, fhereineer “Grantee” the following lands end property, logether with all improvements locsted thereon, lying in the County of Hinds, State of Mississipp, to-wit “SHE DESCRIPTION ON EXHIBIT A ATTACHED” [LBBS AND RXCEPT all oil, gnt end minerals, on ond under thc above described property owned ‘by Grantors, if any, which are resexved by Grantor. SUBIECT to all easemeni, rights-of-way, protective covenanls and mineral resorvations of second if ay. "TO HAVE AND TO HOLD same unto Grentec, and unto Grantee's assigns forever, with all appurtenances thereunto belonging. GRANTOR does for Grentor and Grantor's personal representatives, executors and assigns ‘forever hereby covenant with GRANTEE that Grantor is lawfully sized in fee simple of sald premises; that the premises are fteo from ell enoumbraness, unless otherwise noted above; that Grantor has a good ‘ght to sell and convey the same es foresaid; and to forever worrant and defend tho title to the suid lands agent all ola whaceves, “Taxes for tnx year 2605 shall be I] prorated between Grantor and Grantec as ofthe date selected by Grantor ane Granter, or L] pad by Grantee, of ["] paid by Grantor, [SIGNATURE PAGE TO FOLLOW] Wm 6445 297as mn G44Sme 226 1N WITNESS WHEREOF, this deed was exeowted by the wudersigned on thé the ID. any of ‘Arnal, 2005. GRANTOR: CA NEW PLAN MISSISSIPPLPARTNERSETE 1,LP,, 1 Delaware ited partueship By; CANEW FLAN MISSISSIPPI, INC, Delaware corgpsffon as gens price srareor Nnuvid? ‘ess counryor NY) etsonglly eppeare before m0, the undersigned authority in and for said county and state, om this oe dy of Aagun, 2005, wihia my jurisdiction, th within named Steven Siegel who Senowiolged that he fs the Beecutive Vice Presidest of CA NEW PIAAN MISSISSIPPI INC., 0 ‘Delaware corporation, geoeral paincr of CA NEW PLAN MISSISSIPP! PARTNERSHIP ILLWP. ‘Deleware ltted paetaersbip, a that for and oa behalf of the sad Keted partacrabi, and a its act ancl deed he excoated the above ad Soregoing instrument, afer firs having been daly eutborized by aid limited parneahip 10 too, = Warany Deed Page 2-Geantor(s) Name, Address, phomet CA NEW PLAN MISSISSIPPE PARTNERSAIPT,LP. fo New Plan Excel Reaty Trot, Inc 420 Lexington Aveo Floor Now York NY 10170 Ce wu OES me O29 Granize() Name, Address, phone: fo Galileo Funds Management United Lovet 1 Alfred Stree Sydney NSW 2000 Avstralia pho! wa SEND TAX STATEMENTS 16: 1 fo BRT Ausialin Management, LP 420 Loxinglon Avene ‘ih Fleor ‘New York, NY 10170 = Waly Ded - Page 8-oe tik 8445 ne 280 oe avi "A" nEly 13-CHE Legal Desoriaton : * tract of land situated In the NE 4 of Section 13, T6N, RE City oF Jackson, Hinds Cour SIL ea tins ns parkour dosed oom eee commence atthe potn of interseetion ofthe East roht-ohway ie of tne interstate Hohway NO. FSS, Caecunel Highway Department Profect Lor! 2¢1a, withthe ine betwesn the North 1/2 andthe South dee id Soetion 1, TEN, RE, Hinds Courey Fist Jude District, Nisssippl, and run thence Nort & ‘Gogrees 29 minutes 16 seconds Est and parale} with the canterfine of seid 1ohwey Project For a seerees of 408.08 feet. run terice North 69 dearoes a0 minutes Cs seconds Exst fora distance of 8.5 GEaBooan ron, pin onthe preset ight of waY Une of tie +5 and the POINT OF BEGINNING of tha Sete taan dovtioad tract oF lng, thence run Northeastern alone tho arc ofa curve tothe right n sata Jaaeer Hank of wayne fora dstance oF 73.00 fet eld curve Maving a race of 14483155 feet and a Pros ah a0 degrees Somifwtes 32 seconds east with a oletance of 78.00 feet;Tun thence North 41 Heer, ot minutes 45 seconds East contnulng atong the present ight of way Hoe fora stance of Sear ot, run thence North 19 degree829 minutes 16 seconds Eat aa afono the present rohit of way ihe tora dston of felon ro amon iran ence ro neal 20m cst ‘ ang alone the Bresentrignt of way fora distance of 12877 foot toa polot onthe South bank of i Fen cina moss creek, Thence leaving tha sald Highway rit of way line run South 80 degroes 44 minutes ‘anal Mos: Calon ti south hank oF Hanging moss Creek for a distance of 48.08 feet tos pong run ‘hence soutnessty sono tne ae ora cave to ther aa along the Sout bank of std coat fo # 1306; 10 feet hanes South se cegrees minutes 1s sobones West and for 9 catance of 148.74feet tp an pbcink re Hnenoe south 7a dogrens 47 minutes 47 seconds Eas for a stra of 20.0 feet toon iron Iron Pi ance north 15 degrees 42 minutes Ts soconds fast fer esta of $4.47 feet to. paint on Foe oe ere oF danging Wass Creek, run thenea SoUth 72 degrees 52 minutes 06 secon East for 9 Sets og sonst feet to a pone; run thence South 0 degroes 28 minutes 28 saconds West for 8 ‘ctance of a feet to anion pin, Tun tefice souk 9 degraas 39 minutes OS second West sfong ae ef pany wal ora dtance 208 acres, MOTE OF Iss. ‘Touether with benefits in favor of the above property of tnt, crtatn Dralnage easement In favor OF Feet apt State Highway comnmisson, datecJuly 5,488, recorded in Gook 718. Page 448, and as Showm on survey of Banks Engineering & Surveying, ine, dates October 5, 1868, and as revised by survey dated 2/2002; 2nd ‘Together with bonefis in favor ofthe above property of that_cortaln DzInago easement in favor of [ea etescspp State Highvay comnmsion, dated Jury 10,854, recorded In Book 720 at Fage 28, and as Stow on survey of Banks engineerhno & Surveying ne, dated October s, tesBand as revised by "survey dated 24/2002; and ye “Together with the reclpraca and non-exclusive rhs, easements and priieges oF use Ingres, parkIng Teaetneaiey and other purposes createc, orantad United and definad in anki by that cert aan erika Recproral emernent becaraon recorded Bok S050, pag0 255, and aF amended by SParatier amen to Operational ad reciprocal Easement occuation recorded in ook a206 3 Page Est Amen opment oF Midsouth Devetopment company Is dated prior to the date of execution, -Toqother with the reorocal and nor-xclucsve rights pertaining to tat certain ten foot 10) Tomatnet wip fost (9) of which fs on tne east sido oF subject property and five fost) of which abuts eer iter subject property on land owned by orantors, contalned n Dood dated Jona 50, 1264, aoe eae in voGk 1210 at Page 3, Helng an extension ofthe easement creztod in BOOK +480 at Page 7%, set asshown on survey OF Banks Engfnecring & Survoy Surviving, nc, dated Cetober 8, 1908, anc 2s, ssdipera nr es : eee al tha 10 3 03 P06 < SES Bice anWD /tisd-Gouth 2914. 952/3208/213, Hecablont Yeckeon, Mvoleuiped (972) ie = Docunant Prepared Reethon Recorded RAL Tox [PRECHAM, ran 6 stILEY 3U18 Sepulveda Boulevard Panthovea, Suite. 1206 ge Rogelony California 90024 Aetenclont Christopher a beryan; ag, ee ‘ Hg. oe cepa tte LL ay ze) A Fog Maan corporation tttapsthe) ee Paton more partioviariy | Tisted under fon, thes Hignetice pong of thie oectavation flnglvidenliy midcdouthe i and ach rarer 8 gadecced, 32 an tomar ana! soUecthveay raters to as “owned gp. ye’ chey, WWilane catalan Peowerast) Sroet ane ean sti o more eat er ‘ndividertiy. sovera ton, end each aaa horace 18 ats "tds codlectively sefesied ed smmesierm, apd As, _Omare a:0 he, foo ommore of hove contain Paicela $ SLi Paka MSR Saah aa | ‘Tenants lease certain portions of said Parcels, Pareed ip Indiyiccnaty "atecred, vo herein 2g. collectively, Toterxed to herein av the sbercele™ or the SF ]3 “Bhopping centar™s 3 Tatmeanance sneTepacasion of” the” Shopping ‘centers wll Jor ¢ the purpose ef | anhancing ané protecting the valua, ¢ B Geatetbitiny and attrnceivenees of the Shopping Canter. wot Not, SHEMETORE, he gestion hereby covenant, ope daquare inte all, of che Sogping Slater shall be’ beha {thd convayed subjace to the Cattouing covenants, conditions, Htaerictions and sasenentay ail of whieh are caclared to f9h Siepiishe, seeds, oe vbteng “on ala ‘percine having ar sequlring any fight of ele e ‘Genew ot pave. theren?, ands 6 ‘hes banelie of vali’ of tae P Ae: Property described Tes “owoese) ened ‘he , Btcpasaare, “grantees gna “any tighess duties, BANE ispiiveias or reepes “posed Tupon’ nicvscuth aa Eu |i Ene” Owner" of tha Parcel leases to fowrd Bros. portant. ko Eela‘Geclaracion 1s beceby setigned ant aneuned by Mowerd "be ite aedignen ox subingses throughewt the. ten ofthale Permiteeas, ‘suce sn /usci-souey/2914,952/8C5/289 wo 3038 na296 7 eho toward eos, cease, Provided further, tat any rights, duties, llaatiities cr responsibilities tnposed open” en Sune of a Parcel perwane to the terne of this Dagiaration shall aise be dente tbe obliyation cf any respective Cueues Henane of said Parcel and eny in'the cpplicable Tease or Hentai a Ounar "and gaia extating Funene or 2 any existing ‘Tenene Serece ‘to be bound to the earns hexane, 2, peptersrous. context otherwine requires, Eenan anal have the following meaning A.a rmgtading™ meana omy thote buildings or Yestading Say Gervice raciiitios, oF any portion Skezeor, which tre coneefucted within « BuLiding Are 1.2 mmutidiag reat mene the area oF a denignated on txhibie "a" og the save my fron ties. to tine in accordance vith the Declaration, 1.3 "Common, Area* nana ali"of the Shopping Center not sieuasad wishin the Bolling Area, sopether with all areas ‘tthin tne Ballding Area frum ting to tine extating which Trernoe fod Ey “pulidinga and are Rot within’ the Seruaeter ‘Sidewalk tod Landscaping Areas. The Ceemos Area ‘hell, upon completion of contradtion of the various facllition and Laprovenmate, be evallabie ron tine te cime ENccordance with the terme. and. conditions of this Beeiacetion for the potronciuaivg uae of goy Owes or Tenant portion of the chopping Canter and forthe genera iearentence and venehit Of seid Omare, Tonante and fore. and vein 1.4 "common Bagrovenents® means ali inprovenents constiigtea within the "Comon- Aten, sciuaing without, SERicafon” aldewabia," wetter, Uinek, landncaping Bptintlece,, Scivewaye, oaawaye, paving areas, eeciping, Wpathngs tences, teattlo aigneis and “controls, ‘and alt ‘Stfates' saprovenente bonefiting the shopping Canter, istone of entities holding ing Santer. fren tine t2 sat lgnar sm "the “evant stlon of sta varewiay and 1,5, tomor* shalt ‘moan. the tee cities co'eech Parcel of the Yeesor' wtal} not be acne’ the Omar, of the portion ould” ata" eased back. "if ten tdtie to any Parcel fe had in jelars ovneranip, the gaint owners" shalt collect ively Zpnetacite, the Gumary Provided, tovever, that the Joint Scnera shail be Jointly and aeveraily Liable. tor the oumar‘a BEitgaclone, “He any #aceel ‘sbovia No alvided Ineo two (2) Gr wore sneiier parcels che seller sball, from the data of ich satay be released ron alu. fosare Mani ity only aa ce theloareed OF pargals valid. Concurrently, he Bia siata Enda that “date be aubsece Co ‘tion sagnes Geonstelag any other ‘ower. vithin’ the choraine, cantez who Bares. a a “cecusring on said proparey bactanad by the precending Lien eights to enforce Ete rignte by causing £0 . oe, a aeWa/mudesoutn/2914.952/8EC5/215 yexty a Lien witch fay be. foreclosed in sezerdance with the laws of the Beate Midce the. property ia located.” the tom *Omert abell "not bbe attached to the defaulting Owner's Ineiete say person of aneity vitch bolde tate at security for he ‘perfomance’ ‘of aa epligatton ners gieege St et rth herein, any Lessee or tenant of apace in the Stopping Genter, her porvona of entities having Tisas, encuabrances (OF easarenta on any Parca) or Percels. 1.6 "*perinataz Sitevelk and Landaceping -Areas™ espe ee avons adjacent to any Eulictogs ‘beeveen exterior Sulacing pasa" and ene puter aces oF compe mercainding any buen bulading. 1,7 *Poenittes” nenns the 4 Lintentlon, Howard Bros], Gustonore, invitees tod Licensees service Facilities” ante (including, withous ‘agents, contractors, oh Own Le yposne the areas used for ‘ervok! docks, uanpo, rack loading and unlosging, "scazh Geponlt and’ pickvop, cutetde stortye. area, warehouse EeGisEcen,’ apreory end. arden” exeuny. the basriera tnd and arene extending £200 BuLising over. pedestrian sidaualks for ‘the inwealletion’ and maineensnen of building canopies. OF Sea ae SSteby scknovisdgen and agrose that Len bebjece and subordinate to ting rights created onder, this Beclasation, “Eicwpe sa othenvlae specitiontiy provided in Shia paragraph, the servicuses, on stounente herepy declared Ghals"be perpetual, "She Facet cf a grantor shel be Seamed She aprvient tanensht and. the Zescel of the gcentea shall be Geenad the dominant tenement, respectively al apportenant servitadee and sagensnts to each ower and to aach Goran's ‘Pormistoce ‘over the rotdvays, Geivewnys, ‘pasking arena and sidevelke included in’ the Sonmon ten fac Pedeuteian traffic, parking and acts, joreen ail portians of the Shopping Canter and’ all abutting jtresta, cake, and highways for porpoes connected with or Eneddental to anp one then basag wade of the Ouner"s Parcel. (©) Appuxtenant, seryituden and easenants to each ‘conor asa fo each tenant for the oole purpose OF repeirit of Rtognsteveting any factiitian on «-dowinent cenenent that Bey be 'mope sdvantageoosly maintained, “Tepaired oe Febonstracted from a servient, tenement, tneiusing, Withoot Tinieation, ‘construction and “installation of Conton Gaprovenents, hay Greer ot" ‘Tenant “vho i" walng eboeyoE Generis Farge. in accordance hesevighy aha omeain pablo corkartt’ conpenmation and .olatractor Liabilicy inasvete worker's ign and clatractor Liability naurense Sanlny je” 'Gwcaria” of the” gecvient tenanene (st as 128i Cfenait snuaceas. Sonetevction Wabiiity ineuseacs’ shal Sates Squat. in wh eno cf £2,008 086.98us/tud-south/2914.852/ne¢s/213 eo 3038 na 298 {o) * Sexvitudes and eascnonts to each Owndr and to ancroschnant mall exseed ‘tix (6). dncnan, Soth the grantor ‘ina the grantea of auch sorvitudes and’ gasoventa must (8) | Servitudes and aasonents to each Omer and to Younes agot,) 0.8 = Paveel of tha grantor gor’ the purpose of perfocning any Ebligecion witch the geantor La roguired. to, perform onsee ERs Bockaration but fails or Zetuses bo portom, fe) sungnce to the, reavonahia ‘approval szantor_of' 2h “iedation of ‘the: gorvitide, th Sstvizagos and sasenents £5, cach Oumar and to plowsrd Eros. Svar and tndas $425" faced oz. hw cyanoneble Anpeaization Thos; “eyaemc,’ "pipes, chins, ducts, Gr’ connections (collectively rateried’ to herein ag ueility ines"), SSclusing Renting and aie condieiontng pipes’ and "ducts secving toy fosea2 ‘rithis, che fhopring eneaty” provided, Roweved, mo ctLlity Lines hareadter isatalied shall be ansve geoua sxcept with the pélor approval of the Ovner of tha Ferviont tencemte, yhick-appcoval wilh ‘not be unceasonab sitiheld, “pach oiner ena Rovard roe. Tespsctively, shel fevrespounible, ‘ne ito sole. cost and‘ expense, for’ the Snateidstion, ‘maintenance and Peptir of ait wellity Uses, servicing scla! Genre Fasc or the, Farce leased eo Hower Brouss aby pare of union ueiiity ines ace or wii be Jocatea pf de under another Omer'a Farcal.” 72 ehy utility Lfnos eefvien nore than ons Pareeiy the Ovnaca whove Parcels SSeponstbie, In propoxtion to the wquece footage’ of ench Gwnar's BuliAing, foe the maintenance and repace (but not Installation, of! such ‘weility Lines: in the avane any sbintenence or repuiz of stiiley Lines which are subject to She above aagenents Ld vequized, the ‘contnane Ednenont, shall give all" Omez(a) of the sarvteat Eenesoct (aby and Yovard fxoe, Lf Yoward bros. te affected » thereby, nobize of the need dor repaly and/or matntenanca, End to 'naintonance coc Tepeis shalt Be dene. yweid. the Sxetystion of two. 12) yeoks foliwving auch netlee and liegancy aftuacion aclsea,_ in wnich event only Morita” ahall be requiteds"'sa'no" avant ened avy. neintenance EeMfepals oc wttllty “ines eaelt in tho unsenaonablo Seeettiene She ote of cha servigat, Satan, ope, Begulsed” fori iy connection with ‘of resulting from euch Relneeranct or fepair shall be la¢e on the servant tenement Be the ‘Parcel 1nnaed 0\fowerd Aron, axcopt, at Locationa Shale tonnnet” wsceptntie’ ts. the ‘Guoa oF ths aervient, Wheaune, ‘or toward Broa. Lf the Parco, Seased. te Howard goes ip’ the garvient tonanent. ALi saintenence and. ropalt ehistditey Lines, tail: be, poctorned tm mgood. and Sumani Renner ‘ro_ax, co Cause the lease freardorence STAT Ea Nae el the serves’ sanenant, and: the. Cumot of: the ‘oeinant tonomant or Boware Brow, es applicable, shallfe om 3038 e299 two (2) wosks! prior notes to the, Qwertn) of the doninai” Ecnevent te) and tg dovasd Broa, if the Putcel. Leased, 20 oware Brow "te ‘Chel diminany epenncy ot cag a5 te + Tolocation ig acceptable to the affected vellity company on ‘hange does not eerult in én ineronsed-core for ueilicy nrviees fer the. Oraatin) of" tha dosinent concaent (el. or Howser hroe,"and provided further tat meh selocreien Shnll not unteasonably sntertupt the businees operations of She dunes a) 6f the dondnane tenement () or Howse Brose [f)_Servituden and covenants’ to exch Omer and to week for gai necessary. ‘of any mudiding. 3.2 nach qantas of any servitote of oasonent granted ender darapeapi’ at kanal sndaenlly sag noid he. geome Waesioes “elon sind ‘againat ail olaima, “Wisiiteios and Sepenser aziaing oe of er inary wey conected vith or Senulting “dron the use by the grantee and ize Peceitenes of ty. sorvitica' of aasarant here Sea each gearaee eteae ‘easement’ granted SSaer 2s a eda Unbseeore GEE the berinens operations of the grantor, 2.3 ech Ove subject to ite reasonsble epproval of the te sod, grant or deaicate vo SBretuacnted cet pobite authorities Se" any” publig. wei2ity Eongany non-eaglvelve apevitoces ahd aasanents in its Parcel ‘elehin the shopping Center fer the dasteliation, naintanance tad operation Gf uEAiity tacziities reasonably Kequlred fer he hopping Center. duch corvitedes and easenents = Eeaicatlone “shell coptinve go long as such “siehoriey “oe Company spall ae the tam to provide utelity services to Eny'portion of the shopping center. ach Omer agrees to Sarees any ‘ona 'and Gosumnts ‘wien, may be zeasenably Sétaetary ‘do ektect the purpose of this wectione 2,4 None of the servities or easenanta granted herein lien pertain to any satiging aroa aniess the Gonsant cf the Sonor Uharect, “or overa Sos. if sock “servivuces or yenent (a), pertain to the Bosiding Area leaned to, Howard Sera is fifae hao and cbtained, vilok consent shail not be ‘Snreasonebly withheld. 3. MATINEE ABD HANAGENENE OF COMMON AREAS ane Toph tn EEE Hs Somerton ot eanrizaction of Shalt 202 hole cous and enpense’ operate aed mainte, ‘nav 30. oxprosuly oF ents Paragreps 3sma ise-Soysh/ 2944, 952/REC3/213 2 063038 nO *. ilzg,tlomena eos; shall be, deemad sao howard Grom, Uniting’ the generality of the foregoing, ‘ (a) “Maintain ee surface, ‘sociuding arivevays, EEENDD apts as devel nfege in’ eho oman Aton stich ta Paced, in a level consiatant ith tho balance of the Shopping Canter, whlch surface anal be venly covered tath i Sipreype. of Rerdaciag material ortpinaihy,soaialiedy oF such ented matorisi an vill in alt reepecte bo equil, to the Seiginal eateriel in quality, appearance and daxesLliey, (o) Clean and naintain the Conon Area within its Parcel, zessonably free frow debrie and refeso. "Fhe abiigasion salt exist tron the cote this. Declaration La Fecofded. whether “oe not the consstuction of Conon Inprovenents haa been conplavad on such Omnex's Parca! le} . fo} Waintath markers, aizectiona) an@_savertining signe, iigies and stesping wetiin the Connon Aron Within its and perform repaisting a4 in neceesezy. 1 (4) Hadneasn 911 landacaping tn. the Common, Aroe { fdenin tee Parcel, "including tantacaping leeated wishin ene Ferinoter sidewalk and Lanceosping Areas, (o) _Pooure and natnpato pubhio, anti property dasoge insurance relating wo the Common Acad ‘end Bommoa Ceenta within {ts Vercel ea roquired by Paragraph € hereof, i . {t) Madntsin'a21 utility Lines of eystens within ee parcet uhioh are aaed to provide utility avevicas for the Conson Ares within such Parcel snd pay for ail of, the. eitity charges cr foey for wility wervicen kurnieked: to (tha Cstnon Alaa within ite Parcels : (9), actor. any and ah} other dutien in the common area’ within fen fefgal witch ara nofuiiy’ performed fnvtne Gperation fie: malntangnee ‘ot much snprovusents Of esis Einilar shopping cnneara inthe community. 7 2 the"avant of danage or destruction of tne enantay or aay portion 3.2 “common” Aen and/or Comman Tapren Shereo¢, cach ovner shell, at ies sole cose and expense, vend ‘dehratl Soe aivivense, restore, repeiz, rebasid ang replace Teel cbesen cee eh Cc inpcovensags ISeaeed wenn ace Parcel substantially in accortance vith tha original thercot "to the excens possible and duch zeutcrathon, sepaie, Eelalidang and Zeplecamene ahaill be" done. tn a #hrate 1 Sinage "ach. oanerahels completa alk, euch, seatorstiens 51 sobgtidiag “and cepigconent within thirty (30), cas following che gecucrence Gf such dqmege or aeatewotton} Provided chac Sf, despise the Owner's diligent efforts to Bomplets sane, tho ature of such daange is auch that. the i Geonames. ehe/oe Conon inprevanmta cantot be cow letely ytepatfed, rebuilt nd replied within such thirty 30) day’ parkod, then the Omnor shall hive such additionaltine an, Le aecontary to complete sane 20 long as such Ovnee dommences” Mich “restorstion, repair, reburiding and Eeplacenent prowpely and proceeds diligently so complete: Fr adail hava oe ¢ al) insurance proceeds jon of vugh damage within ite Parcel. Ltn the event chat the Ovner of any Paral within roa taiie to perfor any. Of Dactaratien (excer® those tktrey tao) ‘atra lencepe sin tha evens of an aneea which cage the period shall be to (2) daye) efter veitten otice of such failure La given to the defaulting Owner oF Nowaed Bros. by efther the noq-tecauiting Owners of at least Bevonty-fiva percent (734) of, the iendvarea within the Shopping. Cencer lather than the Pazeol la) evned Dy. the Sckeulefog Omer or fended by Howard Brot ney than the non-defauiting: Omece SF have given uch noties, shail heve she fight, but nok ‘the Obligdtion, "go cure eva “alivee, the Fallure of any Owner of fvard bebe, to perform on, behalf of & dorauiting. par Shald tn no eventbe doouad a waiver of euch esenale OF 0 Ene Eaghea and Toandiee ariving. tharetrom.. Purthez, £4124 by any party to” conply with: the provisions Paragrapae Feiy 1-2) Jed, Tri and 7.6 Rezese, or any of ‘chomy shall, fiuit of this Declaration, ‘potwithatanding. the fact ne party barat shall have the Tight to perform each cbligations on bahalf of the + Gofaulting” pert ded above, ALL exponditurea, together Wite ail {aoldencal gests and yeleonabte attorneys! fees, Lé Lncurred, abel be Anmediately Goa and payeble by ‘he defaulting party 40 the non-cefasiciny party pectorning eh coligattong cr, any of Ghomy “sogetnar yiiN eventy gecgene, (0) "ot suc "ekpanattaree, couea and, attceneys) feos representing the sdninistratiya fou and overhead for the’ pacforeance fy the non-dafasieing party, snd the toeki thoreoe shall beat internet at the rate of ten pecount (ON) per sania 7 4,2. nach asseeanant or amount, due pursuant ‘to any provsaion of this Declaration, together vith inearaae, costa End attorneys! teen, shail be’ the personal chligation of the ‘Gunag whe Vea the record ours of the apphicaple Pazeal at She Lape’ shes ‘he, tasesanane of ther suns of soney fl Weare! Bteer bee not carminetedy Nowart Boos.» ‘Genet of the ‘Parcel eased to" overd. Bross Fesponsibie to pay all ef the ict oven sas ate paragraph, but only for she Dareal leaned Go Roward Bros. 4.3 cotlsction of any sume due noroundes and " anftorcanene: of any. other ‘provisions of thin Declasation shail bo'by proceedings gf inv on” in equity againee any fetson or pefsone violating ‘or srtenpeing to violate any Revenant of provision iceot, aither to s#strain violation, ferecover,dlragen ct, te purnin any or, all other legal. Se agultabie. remedies. Bocning contained in tris Oacisration Gall be deaned ¢o Lintt ang fenedy ‘of phe parting erst at Udetee egtiey teeuiting. fron ‘the Breach or deteeit of any provision hefesty aod all tenedien described herein ar) Provides by Jaw or equity shall ba cumulative, In the avent ”oymea-soutn/3914,952/R05/215 won 3038 mo02 0; | any Omer oF Hoyard Dron. finds Le necessary to empley Leyal SBR MES Up actlon, “suit oe ether” provecdlng Ggainst ney “other ‘Gener to vancorca “any Of the Cerne, SBranance cx conditions hereof or te Gectare, ary rights Seroundet, the“perty prayalliny, se any sun Gettons sabe oF Dekge™prcceeding euefi be paid ail” eeasqnabie attorneys fees. by thes other party, and in eho avant any. fudgnent ts ticed by oven prevailing. party, “all such reasonable Retorneys'” fees anal bo included fn the, Juégmdet in’ auch etion,” sult or proceedings. stothing herein atail be deere Seo'indigate. ‘that damages, ae tow constitute ee Feet fae vfoineton ef» Tontrfotin or ether erovEeton 44 Mo beosch af the covenanta, contracts or restelotions herein contained, nor the enforcement of Ary Uls Ptovietone herein small affect, impair, cefeat or Tnvalid the Liem or chazga of any noregage cf Aced of 1h ‘Seod faith and tor value encusbaring the Faccalae but) sil. of seid. covengaea, conditions) and Faserietiona shall e binding upon ané effeotive against any farey whove’ title ie derived ‘ehrough foreclosure or trust Bese salen, or stherwin 5. OpERARIE su0r?) . * 15.1 Une Of the shopping Center shall ba restetcted to yan ab'a flasecelas® Eetnll Conmarelal ceatery epather WAeh Esthiicpubtad’ urea” an ste ‘cantorery fob gts "alee sel moauntzs smite fm sey ceiatnd on ribet nanan mma so ee ately tien MASS brates eet aes ee Seo ae aprane eta hn tereth I Measiae Gace erases set Mee ees te ie Str ein Up eneveatr +e ge a sett cat aed within alocsosents Parcels (other Hovaed FESS ee domeeced wich tha square footage, ff ParKiNg 8 ee.) ae OTParts La ho dees nen the patie of atar$ ‘ha’ alnimin parking ‘setio remixed by ali sovernmental Siumagieiea; vwichever “te” gromter, "for, purposes of CH Ae" act parking cation or goveconantel, Fequixementa, ener. than eh, Pere Seiy afeps within niacfourn'a vareeas Setbed th Woward roe.) ame be oesiize Gf fie Feresia owed by Mia-éourn oF 1 $e other thane commerdiak ratadl 32 Wovbed Blos,, unschewas’ parey ‘bas not changed the uso, ‘he ‘rlgaty se, fea sole” cont and. expense, 80 fence’ between auch Razcels and the Paceel nase SS aoward eevs.) provided. that -eona reagonable rau seated Til'Goch precede recadne. 5.3, No use of operation ‘ahall, be made, condicted or bila Sy "Se Gish "tespect to all or any part of the eemttist on of chich ustvor gpezation Le oknorious to the ‘Sooepdng seer" operation of 4 Zicwt-aiess. retail commmrciar SERISPhVicheot Siniting tha generaiity of the foregoing, Seven” Beskweoee et cr earns popnenrephe ees foncehall, eean conter, treet iquor store of any feneshel With” SMinnconrsncliy offensive because Of the zB}mbes MEMLa-Souch/2914, 9527/8805 /205 enission of notse, smoke, dust or ‘odors shall be permitted Sreghireac spate ft Ss Slo Path emmttat peliiuay, Maieog ger” Metric ie Sistine lod" bac to iaied to. shebeuet ox tntsntace wish, the existing” Shepping canter . sccesa, coves lanes, “packing Spaces br pelking ratio az is mere particularly aiscurned SEove sn patesraph €.2la), tb) and (cl) ond 1a) Not sepate or cbseruct the vigw of the front of any Building within the Shopping Centar from the public S6a57 Steeats and higuwaya a@jecest to er contiguous with the Shopping Center. 54 nouenstanding aiyshing to the conerayy emt, forth in this Paragraph 6) in the event that a bailéing oF Selidings “sro constructed’ of erected on any present oF fxtare "portion of the Shopping Center ‘waich is, not Gostonathl so'a Bualding Aves on Bchibit "a" as of the ‘date Se ieciatite Se Sthaaily executed, thon in such event Seid Baliding oF BuLldings shall in po’ event’ excee’ ons (1) Story. in belght, except for the Baliéings as specifically Sppeoved and wot forth'on he Site Plane 7. ,yaswrbeawen, amp sEvATR Of BUILDINGS Ro seRiee PCTS 7.1 Ati conoteuction, aaintanance ind répaira, to, the puttelog, building Aseas; {abd Service Peciiieles shall be Eni sole -responability ‘of the Omar of he Parcel upon Which the Bollding and Service Facilities sre located. Fox Purposes, of this feragragh 7 coly, Howard Broa shell be Boehed an Somer" of the Parcel lokeed to toward Oxos. for Gie"pericd of time’ such lease is effective, subject £0 the Serpe of suet 1¢ Reser compancenent Of construction of ny atruceure, er shal ait gently: prosesste the york eee es the ond that the xtractine. shall not remain ina perliy ‘finished condition “goy loner than is. reasonably Ricestary “foc the phyedsal” construction’ -and “completion * thereat. Spam 7.2° mach Owner covensits. afd sgrete’ that, foe s6_ long ae ie hae “any “Batlding on ito respective Pareel of thea/rekd-souch/2914, 952/885 /217 © a9 5 Z shopping concer, i, vil2_ Keep, tnd maintain, the, sane in PoeeLTL okie, “Gondtien ana apeit, conpatibte to: the SEIT conmundays i ive sum ont and oe ; 2.3. exch Comes shall have tho eight at any tina to aiter” or Fenodel” Uhe ‘shole oF any” pert of Lee sutldingy Htlacd, “fovevec, "wet the sone “abel be otLigontly Beeceoutea to completion. 7.4 Reige to completion pf any impzovenenta, oneh’ ownex” shalt ‘keep’ and aaintain ite Paccol in. tha Stepping isan and neat condition, free of gxeas, venga 3,8 keh Omar shall, waineain or cause to be maintained in full fovea end effect, fire incurencs. with Sitendee coverage, endaruenaht eqvering the buildings located Gh Whele ‘Suspeceive fareels, —Guch dneurance obelt bo not Gles "ESanglower Descent (oN) et Sho aceon Fopiacenent 7.6 in the vent of dimage or destriction of mutiaiag, ‘tna"'the “oiner “thereof elects ngt to replaces Eepete ee tometaen ame, tage ash er shah eitln Ek Tel conthe” trom the date of the danger destruction Faxe Ske “tine (or. uah” pase. chareot ‘thet bee ‘Genaged oF Beestayeay (ontan’ che aree of al) debe! Gantinve t Heep Lt chean. 8, BOMmPicatIO avo mTUWCE 1 och Omer shall {edeanity ‘and hold ell, other owners;! thelr Suployeoe, officers, ‘alrectarn,” agents and Seat enite TEeen, and agatnet all claims and 612 seer eee sonace and Liabilieiee (ineteding "reasonable feeethoyeTs fons, faouced. ip Getnaction wish aii cities, se any action pe peace fought thezeod, arteing SROUEE WY Soiection With whe use by auch Owned and ite SENIOR TEE RL PUR Ste ot TED tapioveen, “of Bfeckerey agence ox Pexndttcos. 2.2 Mrrougheut the’ tone of this Declaration, each Qenezy' at its sole coat “end. expen i ghall provide “and SeitEtge public Tapsisey and, property damage {osurance on Wi satlalige on Lee parcels sho nsurance cogulred by emis parenzeph “shell ‘coverage, for Sih”. cbligeesons Badeftaken, ‘uncer “Facagragh 7-3. hereof | NLL dngurance Beetised’ "hy vente ‘paragraph “ahall be, carcied ‘with an ipNierce cfwpany ox companies authorized: to de busine AREER Gerahlae the Shopping Conteris located therein EBtacoeh® daa “Tieted m2 oF becker by eat's Rating Guide (eens “Coupactte ‘gotde) wien Lebslity Limite of ‘Rot ete then $915,888, 00 ger goomranen, fon Sogely Soda not leas then 3350,000,00. per oncuerence, fOr" proper BOSoe Ee heli chtee “eereiticates, SE auc fhecfence tebe provided co the other insured partion, 8.3. tach Ovger shel indemnity and hold each other comers’ thote eeployesss efficere, Airecters, agente. and SEeEcoes harmiees fron, and ayainot ail elaine and 61) BerEst te gennas, end Liebsiitten (including reasonable Rigeheye teen “Gsourred in sconnection with cinine, “ueN/ndd-souh/aoi43/8808/213 3038 e608 ineiveing any action of proceeding brought therson, extsing Hrce'se"te!tranuie of tie dene ou any, sockaenn, Unatey! goa, or demga vhateoever £0 any person. or the property of fv degecnozesering in oy sotlafng or, eels na Bebe ovne ‘gach respective ovner, except daonges caused by the sole Ugligence Of enothor Goner or thet Fermiveee. f.4 mach oat baraby, jolenses, the othe Oimoes, and thais’Boenittoes" fron nay" Mapiliey for apy last oe Semage Ex" GhedE'Pesoutty scactd! onthe thonping Conear ge eho tle 5 SSE ESBNS,, SeRich “Tout® or Stmase ta of the” tyre i GenatSiby Covosed'ng"thve ineccance with extanden covocuges BEUEE Slecne"iapaly [pnentsvinves ng toregoing ts Invented i ES PASSE ne Muphogetes uals Of any lawarer, of mush propendet’ obSh Saevetts ancn"Genor, ahsin, to the, antent: REE TReanutee” casbcvnsent “te ‘Stalasbin,oueatn “for sabe Eeseed"E"EkS Shee Oteece apa ‘Shade vatmuveeesy univer SEany lant os ‘miata don Sa sacar GE ath eae Shy tloitlt'aguiaae she ator omact ead thets Parpdttens 7 Mivete"Ge aS" faynane Of any ouch Joes ‘covered by ack i Tamrance 9. BAL SROPEREY AXES AND ASSESSMENTS Bach Qunac, at tte sole cost and cipense, shall pay, vith, separe eo s€s,fereal ge Parcainy teiucans Ut Bovelos "of the’ parcol which is designated eu “Common. Aroz, Rit‘ taxes, aameammence, or charges Of any type levied oF amade by any governwantal beey er agency. 10," AREWDHENE - tala Deciszation, indluding the Site Plan oot forth-on snibie "Be, ey bo amanded from time ro Et 1 Eeiathated only by the prior written consent. of Ravard 3rOh ! Gnd owners of ae Teael seventy-five parcent (798) of th Timclting lend arua.vithin the Shopping Center, . 41,‘ gprenat, phovasrons | 32.1, ‘the | covenante, — oondegone i cosarsitionsy feruituded, “oowmetnes’ ahd | | 1 Eoatninea "Wérest ohali tuo with the Land ‘apd "shal ihadng" pas ana Benaese "aa" parson purennsing: sing, ublonving ot ‘cceapying, cr othariee. having, any interest. in, any. Barca within the shepping Center,” the Aolestexecitord: “adainistratara, ‘euccentors, granteas a Beelgies “After the cate os whieh, chs Geclaration Heeolted, these rentrictione my be anforaed by the Owner OF Geaseg of any, Parcel withan the. Shopping cantar and by 7 - Roverd Roan ™ao tong, ar Sen lates Sr © porcich, Of the Eeopping conker’ 1a eftective,, Phe terns and condixions of : Skie' Destarstion ead Sy hesaiat, Sean ‘hin peetaraeion Conveyance. in the vent of « conflict between the terns OF SRN Baciaration and! the tone ‘besween Wiavsouth and Woward Sos. only: the befna of said Lense shalt control. wtondtion af any seattletion herein contained halt net bo SSMS Oo Teelver or abandonment of such reatrictioney Ste waiver ef the right to enforce anj subsequent breach of Glolalon ot euch restrictions, The foregcing shall apply ‘ | . 11:2. the waiver of, or Exllure to enforce ‘any breach oF i oa03038 nse 07 ragardiess of vhgther any person affectod hershy (ox having Eka eight. to anforce these waettictione) had kocwiedge of She Breach or Violation,” 11.326 any one oF mora of tha provisions of this Declarieion pr the epplicabiiity ef ‘any buch provieian to Specific aituation shell ba held invalla or onentorceabie. arrcourt | of coppotent, "Jurisdiction, the vaLidity a Sagcegesbtitty of eli other provisions of thie Declaration sad. aii, other’ applications of wach provieicas shall not be aEfeated thereby 12.4 Captions covteined, a tile pectaracion are ingertid only Se" a Satter of conveniences aod iA Ro say detine, inde, extend or “Geueribe the’ scope of this Declaration, dr “the intent of any" provision “hereof. Whentver the context my require, any’ proncune wad herein small” incluaa tho. corfespanding ‘mageiine,” fominine oF Reuter forms and tho singular. fom of noma, aed pronoun Shall sneloce ‘the plsral, and vice vorsa, this declaration had] be construed in accordance vith the, laws and decieions of the State where the property te located, sacl Pie, perigee natn iy 4, sy i ele nara de seid re eae es ae eile GT Sera Ee rads SP es Bony SU mE rs LL.6, Nothing in thia Deolazetion shall be daened oF gopatring ‘by, any person to. create ‘the. relationship of Principal and agency or of Tinited or general ‘parcnershipy Gr of Joint ventura, or of any other exvociation between Sr (mong any"of ‘che Gmers and/or’ Tonants, ho pare of this jolaratdon shall be conetroed as cresting any Fights in the Poblic, nor shall any pert be deemed to be 4 gift cr Eeeicarten’ tay’ public use of any, portion of the Shopping Senter Ttth She conatssenog ct Mall Sunarat tnd) Hecard Fron tii to" tthe co manifest the Sntent of thie baragiagh 32.7, Noticed, dennnde, | congnite,”spprovais and atatinanta hagoundor Shell be in'weitiog! and nel be, given a pere Livery thoraot, or by “depouit tn" the Ucived Bhateo “pelt, "cartitied mali,” xaturn "fecelpt requested, Fostape,‘arepatdy addsceoed tol che appcopriate, Omer fo of antag much aearape, au any ‘Gene? ot. tanant hall detiguate fron tine so tine ie crlcing’to the other Ounere Shad Fenanta. 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Any and all rightey. approvals oc other controls of Ma-Routh avising “out of this’ beclatathon’ co She ext they pertain to the Percal lensed by Howard Broe aii i uo ra-south 2916. 98/4805/219 1403038308 by transfarred and assigned fo foward Bros. {cr so lon lala’ nese," lonse sennsne effective. . 12, ater ovate tn he ae ny 5 tmag cee oat ve tte ot geet, gE te omen eye Mat ageabe cube oats “deadpan Seah Sha Geis d since epee 3 ie be ee apis lon She tc at Bec nt ty hone et ares Caer ll Sess eae Py acts a eee Scie er tie! nee i Shae eh ses it iy Sal le Sue at sa Ga nc tthe ant oe $s, oi amg As Beata See eee Mh Sane ce teins See chetheeeh panera rakes, ie feet steht Seth ree ci cts“ Sends cee Sea Se NL ee La tate Sieg? halt: EN i PA ec eset siege dee cen Gaels Seni ae etait Seine ah Gti negra hee Hete Tait of tin Ep Ste Badge Sous ELE Sere tee SRP actan eat dor veer a isc Set aNd Hips esis ai die een ee Sete Ie Sits We aha aoe te Stata Ed BOLO chet 12, Timemes RATE ueouehetansing’ anything coptnined heroin. 20 the cooteary, Mavic evant’ otal aly “lneerent. rete’ cba Scrannd! wo"ee: eer 6 Biceed" tne sendeoy dneare Metteodiina ot this natare, end” te che. sotarene. Tate Femmttestont ach arciese'wonld otpexvige, excege he otizan Mes ty ane dae Suengeene, eet ate aifaetee £6 ean site atoved By" haw tor “Eech13038 aac59, JM YITUEGS vanRMEOr, the partie ‘have executed “and delivered this Declaration te of the uate ‘isse shake i weieten, ‘ommens, nwtss : tapesoors orvELonMeN NowmnD aI0S. oF OHNE, | con carr, ae @ Tex an Mabpi corpoy 0 Seat asexpr The ‘Omer of al1 oF a sorcton of the elov-described property a inDesotrni evevbweer’ COMPANY, “INC, “and. he Tenant of all or poreion of said described property ts GUARD Whoss Ge FneMeR Gtr. the. A Paweet of Land situated tn the hist of Section 13, 288) RIE, Winds Couty, Kizsisalepa, beife that coreain parcel derided in Deed Boot 1510 ee Page 36, anda part of that Fags 36, tn 2 pact of aut Deed Book 1880 at Page 72 on Tite En'the Office of the ‘Ghanenry Clerk of 24a County, ppt and ribed as follows: Censencing a: 4 point of ‘county, Minsteaipps int betne 335.0 fest East af uncer Right angle’ fren the Genteriing ot the aforementioned Highway Project; ran thence 8° sa Rese and paralion wich. the centertine of the Hignray Be "SSID clong. the zene 804 Gane Pacatiel fen the Thea" ae feral oe 10. 5 feet ce fren FeTE oe gob caved thence, continue Easterly and alone sa: Gurve a diatancd of 197.02 feet aaineatured along tha aze of the gurve to an iron pin nasking the Br"G. of the aforenentioned curves Ehende aortinve £7" 56" E fore, Foran Son pias, thence “or! 0°" For Ba}s53 feet Eoehe: Point of Beainning and one Seanins 7:8008 actea, aspen hee sont eaTRERWAM, FREEWAN 6 SILEY aa3208 in’ TED tepalede toyigrere Eoeangeioey Siladergus soos, Retenrhear tenn f. Bhoemen, Bea. ras x0 ‘THIS _TUWSt waNpaNr To oPEMTION AMD YECIFROCAL, en Ein, Toy ET, A AT Agee Ua i erat at Ce ‘MID-s0irrW ae ‘Foxas corporation, Peete ahaa cee, tant Sete Cae) hace SR Mauit er Rapa Boni thas seen harea Shaert ahi gee Beteof’ (lovbra's and each of, sock, pa een hy Bona Bhat a lt ame sanvasan, A; Onmaze gad Teaanes neve eneared inte hae eapzaly gpecation Onde Rouen, "Futeteneecharatien dated Sptanber 16i'Spady CDeckaract on’) with Teapace ep the land and faprovanente sore perthewiarly duneribed te Danistts “At AGF attaches bo she Dectarsea 3, on Oeegber 2, 1984, an Instrumane, Yo. 261087. tn oox Bigs 30305. age 295," eh pvc. recorded "an original Ee rt Soe esti Sele Be faa i. [aration to incorpevare '« revieed Uagal you, The described herein, che terat "Fieet Anindnene Sette" weal Tekony Fifae’anendaene:¢ téferenoe te nade to Eohtb of te Boctaratton) g0eh elgtazee shal 25 the eatdbiae MA and. A ateached” Go UTENLE Parse Aaendowat. 91 @ # NOILAIOXEgrsyoe (2/18/06) (yEELGA/21°180 Marites souens 2914932 Weakoon, Misatestppt #2 £022) wi 3206 306 2, ebdteg Ares seeachal (ote Soters ‘eonfce {in the avant of 4 confiier betray, che provistane of this Firat Aamnguane ged the ‘he Boslerseton, the SoatSlone SE chts First Anendsont abell control: A. Defsosetons, ay ataced herein, alt capitalized, Te‘ thatt Rive th sanerpainings of besten ‘Except, a1 eupplemantad, modified and smandad, ihe roceeeamatte fhe Dectersedon. halt, Femaln tn fot tg tnd ‘afFes, vend he perder hereyy eentfize ah) 36 Hse I vrrwss. wmearor, che. pares renpertive sffieare eneroonce 401% Be Silvers cate Fhe Anendeene Mige Preatdent ‘Tenane of Parcel Acersse4 (3/8/46) avgacTeA/277U80 Woyrie-douen/ 016.982 Beovasn, Mlenteasppl #2, (022) Po vasssszerr : Sp 003208 wc 07 Thee dar pezonaty sqpuned bare pe the wderstgnet ory Se io BE ee Toatedtotton,nfevonnld, he bore is Maglivered. the efor ‘mttrvacnt the a he renporation “shit txgated vce, within [nttraanc on behatf@of the gorperteion oerein named 00 che a depen ape Cehese, eenedgned ne Maga” ind Eor RS i dad considozaedne Eoorein expe sexe ot Ledefinaian 3 a) f pow gd We county Gi agen BFF 7 The day perafaalty appeared before me, the undernigned uh stnar ing, 6, ef a ctaticton foveal “Sea ‘Sina sak, ake ea Obata ys crmaane ragast on Senadé of he cerpocation herein mesed wv and yeay ehevain aanviones tole net and for the Porponas and otadderationt tharein expremed, way GEMM ender wy /hond and officdai aus chia, che et dey ot Feendee i808. rat Pieios boveonewt 16, 555 arth 13208 na’08 eee 8 A vet ofan lanad, te the MEU of Seetag 12, THLE Had out, Rudissipey. belay hat certatnpareat deertbe. {fees Beek ges t6y aed fart eft “cert. paral decried In Deg earls inike Sieg te Sateey NON ohne Eee NAG te tar iy eri Camciog At 4 polat sf internacion af OMe wash rlahtcofony ne of the feteruant Rlanay"an, ssrAiuinnt ths Breet fee, tomtt Lt), wtit thet slog ogee th asuth Unt sect on lai Gheetyy Mortiatopty sale gota gateg 36,0 feet ett gh Sater slow at te servnet ne Rigs Pro sie ee eater, ‘he hang for ath cco4 Hy tee ake IS Msthaety EC ates totus ose HF eet! tence A Usteraeet tr't atacee ef 16 tees thane A ieateare tor o sutence of GD fey theres A Hsg'aoe for ¢ Seton of Hopsip faaty thaze Tesce for sistance of 121.94 fete ther for distance of 1388 feet] Dwrce anes of 4.06 fen carte ef oerea’ an are SUSE tere stots of tH.22 tees thnnce . See i ee Fe sans : da, Eachus Ss OOP SEY aie Nitty sat) at tvra's Htatacoune store beth ithaca ot TH0 feet te Be host goa tte bile: he Mant Or Soy fer. a elitinch of 4.48 fagt to the 7017 OF , mic) tage iteuth aera The urea e tte ‘ittnca o¢ BEGE reat n't bering o¢ 5 aovar sont LESS aan LEEET Veneys Property cenribed an Fareed *34, Comaseing a the POINT OF HESIADRE ef the eho ds tracts thence fern tae’ Sige Meth att Avg adie of bedi fst, « dita ‘ang at ance 76.0 tary thee atta T Shy "the eat rlgtsetouay of 1-88 tat Frontaye aad, for « ttsance 460 teu Uy est tere Tita snp to tent rud, fora nance, ence oi Sas teat tea Ghtevthesst corser of Ben's Aucesge an aeceetatesy Ine. veh Tae eveet Secager 11, 1808 eure sas Faget of 2 san poseseaneneee tS wo3206 na A pa i tat at in #1 Gade tlhe er inet a a fe nino ey Sah af He Ed Q nmcog a» at af Idan 9 We Ca Babe Li af Utne tify ese isis [S'ealal Mowor Satine Pet tty oh the Uw tha Yh ant Saha en 1,1, P ie Hs Cay, Mako, wet llr 2 Pot fat ‘an te orm.) fat bone 1 et oe Prepared byt futhaye and Associate, tne. torch fn : evteats (eceeber 31, 1986 na past ge Tok“Li 2 vibe o oa i Boa tt Pai sicdes, Cuno td Coaray, cay tea Ihe win ae toe fonin Sg em tm omn ee a a sates,BASED La 7 BOPERTY OMYED Of DOr ID, 80, ona MID-SOUTH DEVELOPMENT CO.me [ite suite 8sina E ‘ Bree 3 £ e Deane M86 Re pai Cavite Re Hinds County Dashboard Printed: June 01, 2015, ‘occpria tae cov Agha nedTRAFFIC ENGINEERING DIVISION CITY OF JACKSON, MISSISSIPPI DATE: 14 June 2015 TO: FROM: RE: SITE PLAN REVIEW / ZONING REVIEW...CASE # __3910_ FOR ____ REZONING SPECIAL EXCEPTION USE PERMIT __x_ VARIANCE STREET 4950 I-55 North CLASSIFFICATION: ARTERIAL _x__, COLLECTOR _ _, RESIDENTAL _ ADT(s)/YEAR__n/a_ (To obtain current estimated ADT, shown and multiply by 1%é/year for residential, and by 1.5%lyear for collectors, arterials (MDOT criteria) ADJACENT ARE: LIGHT COMMERICAL __x_, HEAVY COMMERCIAL _x__ RESIDENTAL __ MEASURED WIDTH OF STREET _45'__ #0OF EXISTING DRIVEWAYS __5_. # OF PROPOSED DRIVEWAY __n/a_ DISTANCE TO NEAREST DRIVEWAY __200'__ (using closes driveway) DRIVEWAY(s) RADI! _n/a_Case Number: 3910 REPORT TO THE CITY OF JACKSON PLANNING BOARD REPORT DATE: July 8, 2015 MEETING DATE: July 22,2015 COMPILED BY: Ester L. Ainsworth, Zoning Administrator SUBJECT: The subject property is the site of the Jacksonian Plaza Shopping Center and is located at 4950 1-55 N (Parcel 507-320). The property is approximately 6.2 acres. INTRODUCTION: ‘The Goodwill Industries of MS, Inc. requesting a separation of land uses variance from the distance requirement between a second hand stores, residentially zoned property, church, school, park, playground or public library. SURROUNDING LAND USE & ZONING: The subject property is surrounded by the following land uses: : Creek/Shopping Center Zoned C-3 (General) Commercial District Apartment Complex Zoned R-5 (Multi-family) Residential District Service Commercial Zoned C-3 (General) Commercial District; Interstate Zoned SUD (Special Use) District FUTURE LAND USE PLAN: The subject parce! is shown on the 2004 Future Land Use Map as amended in 2011 as having a Community Mixed Use designation. This land ‘use category is designed to provide a general merchandising and convenience destination for residents of the City. It can include a wide range of commercial services, such as big box and strip retail centers, restaurants, fast food and dine-in, and office uses. Some of the recommended uses include: Retail businesses with greater than 40,000 square feet ‘Shopping center/strip mall with greater than 70,000 square feet Restaurants, fast food and dine-in ‘Auto sales and repair services Motels/Hotels Higher density multiferily residential Automobile oriented services ISSUES: Per the City of Jackson Zoning Ordinance Section 501.9, all use separation requirements shall be defined as the distance from property line to property line, including right-of-ways. ‘The parcel for the shopping center is Case 3910 Distance Variance C-3 1adjacent to the residentially zoned property which has a distance of zero fect and the granting of such a Variance would establish a dangerous precedent. DISCUSSION: The applicant, Goodwill Industries of MS, Inc. is proposing to open a select store in the Jacksonian Plaza Shopping Center, Stores such as Goodwill are considered second hand stores. According to Section 702.05.02.9, of the Zoning Ordinance second hand stores must not be within 500 fect of any residentially zoned propertics, churches, schools, parks, playgrounds or public libraries. At the rear (east Side) of the shopping center parcel, the adjacent parcel is zoned R-S (Multi-family) Residential which requires a separation distance of five (500) hundred feet. It should be noted that due to the two properties being adjacent to cach other there is no area allowance for a variance. Additionally, the granting of a five hundred (500) feet variance ‘would establish a dangerous precedent for the City. “The Willie Mortis Public Library is also within the distance requirement for second hand stores. The Library is approximately thee hundred sixty-five (365) feet from the Jacksonian Plaza Shopping Center. 202.150 Secondhand Store: An establishment primarily engaged in the sale or receipt of used or previously owned tangible personal property, except motor vehicles, books, rare coins and antiques. APPLICABLE REGULATIONS CURRENT ZONING Purpose and Intent (Section 702,05) C-3 General Commercial District: "The purpose of this district is to provide for the preservation and perpetuation of retail ‘and commercial enterprise, to provide areas for the development of retail type and personal service type commercial, community, and regional shopping centers of integrated design and high density development of commercia! businesses in certain areas adjacent (o major transportation arteries or thoroughfares within the City. Us 702,05.01 ‘All uses permitted in the C-2 Limited Commercial District 1. Uses Permitted in C-2 Limited Commercial District (Section 702.04.1): Any and all uses, except residential, permitted in C-1 and C-1A Restricted Commercial Distriats. © C-1 Restricted Commercial District (Section 702.02.1) Uses Permitted: 2. Any type of professional occupation as defined in the Zoning Ordinance and any other office type activity in which there is kept no stock in trade or merchandise for sale and which offers only service to the general publi b. Hospitals, research institutes, convalescent homes, and assisted living facilities on sites of not Less than three (3) acres. c. Auxilicry and related retail uses located entirely within buildings where the predominant use is office, hospital, research institute and/or convalescent home, ‘Case 3910 Distance Variance C3 24. Personal care facilities and group homes for the handicapped which exceed thirteen (13) residents on sites of not less than three (3) acres. © CAA Restricted Commercial District (Section 702.03.1) Uses Permitted: ‘a. Any type of professionel occupation as defined in the Zoning Ordinance and any other office type activity which offers only a service to the general public. b, Bed and breakfast inn (Class A). ‘Art gallery, museum, studio, antique, and/or specialty retail shop. 4. All uses permitted in the R-2 Single-Family and Two-Pamily Residential District, Personal and commercial services, €. Multifamily dwellings of up to eight (8) units. Apartments, when located in renovated, non-residential structures, which exceed 5,000 square feet, in accordance with 701 (8) of the Zoning Ordinance. Automotive service and repair establishments Automotive and Truck Rental Business Auto and truck sales Bowling centers Car Wash Community Recreational Center 9. Health Club/Fitness Center 10. Hotels, Inns and Motels 1. Ice and roller skating rinks 12, Mini-warehouses 13, Brewpubs 14, Nightclubs and Bars 15, Nurseries/Yard and Garden Centers 16. Parking Garages 17. Produce Stand 18, Retai] Stand 19. Restaurants, drive-in and fast food 20. Restaurants, General 21. Second Hand Stores 22. Service Stations 23, Transient Vendors, when located completely indoors, as in shopping centers, hotels, or motels. Outdoor display of merchandise is prohibited. 24. Veterinarian Clinics end Kennels 28, Wholesale Outlet Stores, ea aaay REQUESTED ZONING ACTION ‘The applicants have requested a Variance from the distance requirement for second hand stores. Per Section 702.05.02.9, no bingo parlor, pawnshop, title pledge office, or secondhand store shall be located within two hundred fifty (250) feet of any other such use, or located within five hundred (500) feet of any residentially zoned property, church, school, park, playground or public library. ‘Cose 3910 Distance Variance C-3 3- s Per Section 202.176 of the Zoning Ordinance a Variance is a relaxation of the terms of the Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property, a literal enforcement of the Ordinance would result in unnecessary, undue hardship. As used in this Ordinance, variance is authorized only for height, area and size of structure or size of yards, separation of uses, open spuces, and off-street parking spaces; establishment or expansion of a use not permitted shell not be allowed by variance. ‘TECHNICAL INFORMATION: ‘lan Review: Site Plan will not be required. . Physical Site Characteristics - ‘The subject property is located within the Jacksonian Plaza ‘Shopping Center. . Public Utilities ~ Public utilities are available to the site, . ¢ — 1-55 is classified as an interstate highway. The Jacksonian Plaza Shopping Center is accessed from the I-55 N Frontage Rd. The average daily trip (ADT) information is not available, GROUNDS FOR GRANTING A VARIANCE: Per Section 1703.02.3 -A of the Zoning Ordinance, in order to obtain a Variance in the City of Jeckson, Mississippi, the applicant must demonstrate the following: 1, That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, stractures or buildings in the same district. 2. That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the provisions of this Ordinance. 3. That the special conditions and circumstances do not result from actions of the applicant. 4, That granting the Variance requested will not confer upon the applicant any special privilege that is denied by this Ordinance to other similar lands, structures or buildings in the same district. STAFF RECOMMENDATION Staff recommends the denial of the variance request from the distance requirement for the separation of land uses based upon the request not meeting the criteria for granting a distance variance from the residentially zoned property. ‘Case 3910 Distance Variance C-3 4PROPOSED MOTION: To recommend the denial of the variance request from the distance requirement for the separation of land uses based upon the request not meeting the criteria for granting a distance variance from the residentially zoned property. BOARD ACTION: Motion made by: Motion seconded by: Yes No Abstain McElroy Scarborough Booker Carson Mitchell Jackson K. Robinson Grizzell Norwood Dotson ‘Welchlin Weems Banks ‘McGraw J. Robinson Case 3910 Distance Variance C3. 5+ x City of Jackson Zoning Map |—- Case No. 3910 TU ee C-3 PENTIONTO: VAR. ACREAGE: 8.20cresCase 3910 - Existing Land Use | [ i UYce [EF | Future Land Use Map Case No. 3910 / f ain ut IY ui Wi | f a S CORQNIONSNND ASV Ree at LION SANT _CLASSIFIEDCity of Jackson Planning Board Meeting duly 22, 2015 :30 p.m. Warren A. Hood Building — Andrew Jackson Conference Room 200 S. President Street Call to Order, Determination of Quorum, and Invocation IL Public Comments - (Except on Zoning Cases) IIL Approval of Minutes ~ June 24, 2015 Planning Board Meeting, IV. Petition No. 3907 Ward 7 Location: 1450 Riverside Dr. Petitioner: The Salvation Army Requesting: a fifteen (15) feet variance to build within ten (10) feet the twenty— five feet setback requirements for properties zoned SUD (Special Use District). . Petition No. 3908 ‘Ward 2 Location: 358 Briarwood Drive (Parcels 723-79-3,723-80,723-82 and 723-82-1) Petitioner: ‘The Church in Jackson, Requesting: a Rezoning from R-LA (Single-Family) Residential District and C-2 (Limited) Commercial District to SUD (Special Use District) with a ‘Use Permit to allow for a commercial communication tower. ‘Vi. Petition No, 3909 Ward 2 Location: Beasley Ra. (Parcel #720-1-28) Petitioner: Entergy MS, Ine. Requesting: ‘a Rezoning from I-l (Light) lndustrial District to 1-2 (Heavy) Industrial District, to allow for the addition and operation of a black start generator.vu. vill. Petition No. 3910 Ward 1 Location: 4950 1-55 North Petitioner: Goodwill Industries of Mississippi, Ine. Requesting: a Variance of eighty-five fect from a public library and five, hundred (500) feet from the residentially zoned property to allow for the operation of the Goodwill Select Store in a C-3 (General) Commercial District. ning Board Practis * Date: July 30, 2015 = Time: 6:30 P.M. = Location: 200 $ President St - Rm 105 - Andrew Jackson Conference Rm Reports: City Council Actions -- July 20, 2015 A. Case No, 3899 Ward 2 Location: 5201 Cedar Park Dr. _ Petitioner: Gowan Brisby Requested a Rezoning from C-2 (Limited) Commercial District to R-4 (Limited Multifamily) Residential District in order to convert an existing commercial building to residential units. Planning Board Recommendation: Approval of the Rezoning Request ‘Case was appealed from the April 22, 2015 Planning Board Hearing ‘Tabled From the June 18, 2015 City Council Meeting B. Case No. 3901 Location: 539 Claiborne Ave. jetie Robinson & Carolyn Yam Requested a Use Permit to operate a personal care home in art R-I (Single-amily) Residential District for seven (7) to twelve (12) residents, excluding staff. Planning Board Recommendation: Denial of the Use Permit Request Case was appealed from the April 22, 2015 Planning Board Hearing ‘Tabled From the June 18, 2015 City Council Meeting C. Case No, 3906 Ward 4 Location: 301 East Browning Dr. Petitioner: J. D. Cathoun, LLC Requested a Rezoning from C80-C2 (Limited) Commercial District to C80-C3_ (General) ‘Commercial Distriet to allow for a used car sales business. Planning Board Recommendation: Approval of the Rezoning Request D. Special Exceptions: - 4 Approvals/ ExtensionsSINGLE MINUTES Case No. 3910 ‘The applicant, The Goodwill Industries of MS, Inc,, requested a Vardance of eighly-five feet fiom a public library and five hundred (500) feet from the residentially zoned property to allow for the operation of the ‘Goodwill Select Store in a C-3 (General) Commercial District for property located at 4950 I-35 N. ‘The Staff (Ester L. Ainsworth) presented to the Board the relevant case facts and findings conceming this property and centered into the record the recommendation of the City Planning Staff ‘After the discussion of the staff's presentation and the testimonies of those regarding the case the following motions were made: 1. A motion to deny the Variance request for Case No. 3910 was made by Mr. Jim McCraw and properly seconded by Mrs. Zelma Carson, ‘The motion to deny the variance was based upon the distance requirement for the seperation of land uses basedd upon the request not meeting the criteria for granting a distance, The motion failed bya vole of (4) in favor (5) opposing. 2. A motion to grant the Variance request for Case No. 3910 was made by Mr. Barron Banks and properly seconded by Dr, Brian Grizzell. The motion to approve the variance was based upon based upon the literal interpretation of the provisions of this Ordinance depriving the applicant of rights commonly enjoyed by other properties in the same district under the provisions of this Ordinance. The motion was approved by a vote of (5) in favor (4) opposing, Planning Board Recommendation ‘The Planning Board’s recommendation was to approve the request a separation of land uses vatiance from the distance requirement between a second hand stores, residentially zoned property, church, school, park, playground or public library. ‘Community Input Other than the applicant no one spoke regarding the case. BOARD VOTING (Name/Ward #): Yes No Abstain McElroy Ward at Scarborough Ward 1 « Booker Ward 2 x ‘Carson Ward 2 x aaa Mitchell Ward 2 x ‘Jackson Ward 3 a KK Robinson Ward 3 A Grizzell Ward 4 x Norwood Ward 4 x Dotson Wards A ‘Welchlin Ward 5 x é Weems Wardé | A Banks Ward 6 x McCraw Ward 7 x J.Robinson Ward 7 A ‘The X indicates how the board member voted and an A means member was absentDepartoveut of Planning and Development 200 South President Sireet Post Office Box 17 Jackson, Misiesippi 39205-0017 July 23, 2015 GOODWILL INDUSTRIES OF MISSISSIPI, INC GRAY WIGGERS H, BARBER BOONE 104 RAST STATE ST. 15 AVERY CIRCLE 260 SOUTH LAMAR ST, STE 100 RIDGELAND, MS 39157 JACKSON, MS 39211 JACKSON, MS 39216 RE: CASENO. 3910 Applicant: Goodwill Industries of Mississippi, Inc. Location: 4950 1-55 North Request: ‘A Variance of cighty-five feet from a public library and five hhumdred (500) feet from the residentially zoned property to allow for the operation of the Goodwill Select Store in a C-3 (General) Commercial District Planning Board Recommendation: Approval of the Variance ‘To All Parties of Record: ‘The regularly scheduled monthly meeting for the City Planning Board was held on Wednesday, July 22, 2015. Upon conducting the required public hearing for Case No. 3910 which was a petition for a Variance of ‘eighty-five feet fom a public library and five hundred (500) feet from the residentially zoned property to allow for the operation of the Goodwill Select Store in a C-3 (General) Commercial District, a motion to approve was offered. ‘The motion was approved due to the Board being of the opinion that the criteria for granting a Variance had been met. ‘This letter will serve as official notice of the Planning Board’s recommendation to all parties of record for the above referenced zoning case. Pursuant to the Zoning Ordinance, any party aggrieved by this recommendation may file an appeal. A party is defined as any individual appearing and presenting evidence ‘before the Planning Board. If an appeal is taken, the appellant must file a written notice of appeal with the Zoning Administrator of the City of Jackson which must be received by this office on or before August 7, 2015, ‘The appealing party is responsible for al fees associated with the appeals process, to inelude but not be limited to the preparation and payment of the zoning case transcript and legal advertisement. ‘Additionally, the party appealing shall also mail a copy of such notice to all of the parties listed above, ‘The letter of appeal must include the date the Case will be presented to the City Council. A copy of the letter shall also be provided to the Zoning Division. It will be necessary for you or your representative to be present at the City Council hearing to answer any questions the Council might have, The City Couneil will meet in the Council Chambers, 219 South, President Street, at 2:30 p.m., Monday, August 17, 2015 to consider Zoning Petition No. 3910; however, if ‘aa appeal is filed, your case will be heard on Monday, September 21, 2015. Sincerely, One ort, Zoning dmivistraierZONING CASES TO BE CONSIDERED BY THE CITY COUNCIL 30 P.M. MONDAY, AUGUST 17, 2015 - CITY HALL - COUNCIL CHAMBER - 219 8. PRESIDENT STREET AGENDA L e No. 3907-- Ward Location: 1450 Riverside Dr. Petitioner: The Salvation Army Request: a fifteen (15) feet variance to build within ten (10) feet the twenty-five feet setback requirements for properties zoned SUD (Special Use District), Planning Board Motion: To Approve a fifteen (15) feet varianec to build within ten (10) feet the twenty-five feet setback requirements for properties zoned SUD (Special Use District) Planning Board Vote: 9) in favor (0) Opposing Planning Board Recommendation: Approval of the Variance Request Public Input: A resident from the community expressed a concern about the flooding in the ‘area and whether or not the construction of the building would contribute to any additional flooding. Case No. 3909 — Ward 2 Location: Beasley Ra. (Parcel #720-1-28) Petitioner: Entergy MS, Ine. Request: a Rezoning from 1-1 (Light) Industrial District to 1-2 (Heavy) Industrial District, to allow for the addition and operation of @ black start generator. Planning Board Motion: ‘To Approve the Rezoning from J-1 (Light) Industrial District to 1-2 (Heavy) Industrial District, to allow for the addition and operation of a black start generator. Planning Board Vote: (9) in favor (0) Opposing Planning Board Recommendation: Approval of the Rezoning Request Public Input: ‘Other than the applicant, no one to spoke regarding the Case.UL. Case No. 3910 — Ward 1 Location: 4950 1-55 North Petitioner: Goodwill Industries of Mississippi, Inc. Request: a Variance of eighty-five feet from a public library and five hundred (500) feet from the residentially zoned property to allow for the operation of the Goodwill Select Store in a C-3 (General) Commercial District. Planning Board Motion: To Approve a Variance of eighty-five feet from a public library and five hundred (500) feet from the residentially zoned property to allow for the operation of the Goodwill Select Store in a C-3 (General) Commercial District. Planning Board Vote: © in favor (4) Opposing (1) Abstention Planning Board Recommendation: Approval of the Variance Request Public Input: ‘Other than the applicant, no one spoke regarding the Case. IV. Special Exception Renewals for August 2015 ORDER GRANTING EXTENSION OF SPECIAL EXCEPTIONS AND USE PERMITS FOR ONE YEAR Coming for consideration are requests for the approval of the following for certification of renewal for one year and after the anniversary date of approval for Use Permit or Special Exceptions as follows: CASE NO. NAME LOCATION USE GRANTED SE - 1828 Aladee Smith 4551 Meadowlane Dr. Ward 3 Jackson, MS 39206 Beauty Shop oe el SE-1930 Coralee Butler 3016 Randolph Strect Ward 3 Jackson, MB39213 One-Chalr Barber 08/6/80 SE- 3676 Ward 3 4644 N. State St. Richard Moman jackson, MS 39206 Tax Office 08/18/08 3715 Ward 3 227 Stillwood Dr. Jackson, MS 39206 Charlotte Ford Catering Service 08/17/09 IT IS HEREBY ORDERED by the Council of the City of Jackson that the said Special Exceptions and/or Use Permits be and the same are hereby extended for another year from ‘and after the anniversary date granting said Special Exceptions and/or Use Permits. August 17, 2015ORDER GRANTING GOODWILL INDUSTRIES OF MISSISSIPPI, INC. A VARIANCE OF EFIGHTY-FIVE FEET FROM A PUBLIC LIBRARY AND FIVE HUNDRED (500) FEET FROM THE RESIDENTIALLY ZONED PROPERTY TO ALLOW FOR THE OPERATION OF THE GOODWILL CT STORE IN A C-3 (GENERAL) COMMERCIAL DISTRICT FOR PROPERTY LOCATED AT 4950 I-55 NORTH, CASE NO. 3910. WHEREAS, Goodwill Industries of Mississippi, Inc. has filed a petition for a Variance of cighty-five feet fom a public library and five hundred (500) feet from the residentially zoned property to allow for the operation of the Goodwill Select Store in a C-3 General) Commercial District in the City of Jackson, First Judicial District of Hinds County, Mississippi; and WHEREAS, Jackson City Planning Board, after holding the required public hearing on July 22, 2015, has recommended approval of the said petition; and WHEREAS, notice wes duly and legally given to property owners and interested citizens that 2 meeting of the Council would be held at the City Hall at 2:30 p.m., Monday, August 17, 2015 to consider said change, based upon the record of the case as developed before the City Planning Board; and WHEREAS, it appeared to the satisfaction of the City Council that notice of said petition had been published in the Mississippi Link on July 3, 2015 and July 17, 2015 that a hearing would be and had been held by the Jackson City Planning Board, as provided for by ordinances of the City of Jackson and the laws of the State of Mississippi, and that the Jackson City Planning Board had recommended approval of the petitioned Variance of eighty-five feet from a public library and five Inndred (500) feet from the residentially zoned property to allow for the operation of the Goodwill Select Store in a C-3 (General) Commercial District of the City of Jackson; and WHERKAS, the Council, after having considered the matter, is of the opinion that the literal interpretation of the provisions of this Ocdinance depriving the applicant of rights commonly enjoyed by other properties in the same district under the provisions of this Ordinance; and NOW, THEREFORE, BE IT ORDERED BY THE COUNCIL OF THE CITY OF JACKSON, MISSISSIPPI: SECTION 1. That the property located in the City of Jackson, First Judicial District of Hinds County, Mississippi, more particular described es follows: ‘A tract of land situated in the NE V. of Section 13, TON, RIE, City of Jackson, Hinds County First Judicial District, Mississippi, being more particularly described as follows: Commence at the point of intersection of the East right-of-way line of the Interstate Highway No. I- 55, Mississippi Highway Department Project 1-091-2(14), with the line between the North ¥, and the South Y, of said Section 13, TON, RIE, Hinds County First Judicial District, Mississippi, and run thence North 9 degrees 29 minutes 16 seconds East and parallel with the centerline of said Highway Project for a distance of 464.08 feet; run thence North 89 degrees 39 minutes 05 seconds East for a distance of 5.5 feet fo an iron pin on the present right of way line of the 1-55 and the POINT OF BEGINNING of the following described tract of land; thence run Northeasterly along the arc of @ curve to the right in said present right of way line for a distance of 78.00 feet, said curve having a radius of 11441.155 feet and a chord of North 10 degrees 56 minutes 32 seconds East with a distance of 78.00 feet; run thence North 11 degrees 08 minutes 15 seconds East continuing along the present right of way line for a distance of 131.70 fect; run thence North 19 degrees 29 minutes 15 secondsEast and ulong the present right of way line for a distance of 163.12 feet to an iron pin run thence North 9 degrees 29 minutes 15 seconds East and along the present right of way for a distance of 128.77 feet to a point on the South bank of Hanging Moss Czeek, Thence leaving the said Highway right of way line nun South 80 degrees 41 minutes 42 seconds Bast along the South bank of Hanging Moss Creek for a distance of 46,04 feet to a point; run thence Southeasterly along the arc of a curve to the right and along the South bank of seid creek for a distance of 50.0 feet, said curve having a degree of curve of 04 degrees 08 minutes with a radius of 1386.19 feet and a chord of South 79 degrees 28 minutes 32 seconds East with a distance of 59.00 feet to a point; run thence South 15 degrees 12 minutes 13 seconds West and for a distance of 143.74 feet to an iron pin; run thence South 74 degrees 47 mimutes 47 seconds East for a distance of 220.00 feet to an iron pin; run thence North 15 degrees 12 minutes 13 seconds Bast for a distance of 141.97 fect to a point on the South bank of Hanging Moss Creck; run thence South 72 degrees 32, minutes 06 seconds East for s distance of 400.61 feet to a point; run thence South 0 degrees 28 minutes 24 seconds West for a distance of 283.80 fect to an iron pin; run thence South 89 degrees 39 minutes 05 seconds West along the extension of a party wall for a distance of 810.98 feet to the Point of Beginning, ‘This parcel contains 6.208 acres, more ot less. Together with benefits in favor of the above property of that certain Drainage easement in favor of the Mississippi State Highway Commission, dated July 5, 1951, recorded in Book 718 at Page 418, and as shown on survey of Banks Engineering & Surveying, Inc., dated October 5, 1998, und as revised by survey dated 2/1/2002; and Together with benefits in favor of the above property of that certain Drainage easement in favor of the Mississippi State Highway Commission, dated July 10, 1951, recorded in Book 720 at Page 28, and as shown on survey of Banks Engineering & Surveying, Inc., dated October 5, 1998 and as revised by survey dated 2/1/2002; and Together with the reciprocal and non-exclusive rights, easements and privileges of use, ingress, parking and for utility and other purposes created, grunted limited and defined in and by that certain Operation and Reciprocal Easement Declaration recorded in Book 3038, page 295, and as amended by First Amendment to Operation and Reciprocal Easement Declaration recorded in Book 3206 at Page 305, ‘The acknowledgment of MidSouth Development Company is dated prior to the date of execution. ‘Together with the reciprocal and non-exclusive rights pertaining to that certain ten foot (10) easement, five feet (5°) of which lies on the Bast side of subject property and five feet (51) of which abuts the Bast side of subject property on land owned by grantors, contained in Deed dated June 30, 1964, recorded in Book 1510 at Page 36. Being an extension of the easement created in Book 1480 at page 71, as shown on survey of Banks Engineering & Surveying, Inc., dated October 5, 1998 and as revised by survey dated 2/1/2002. bbe and is hereby granted @ Variance of eighty-five fect from a public library and five hundred (500) feet from the residentially zoned property to allow for the operation of the Goadwill Select Store in a C-3 (General) Commercial District. Case No. 3910 August 17, 2018ORDER DENYING GOODWILL INDUSTRIES OF MISSISSIPPI, INC. A VARIANCE OF EIGHTY-FIVE FEET FROM A PUBLIC LIBRARY AND FIVE HUNDRED (500) FEET FROM THE RESIDENTIALLY ZONED PROPERTY TO ALLOW FOR THE OPERATION OF THE GOODWILL SELKCT STORE IN A C-3 (GENERAL) COMMERCIAL DISTRICT FOR PROPERTY LOCATED AT 4950 I-55 NORTH, CASE NO. 3910. WHEREAS, Goodwill Industries of Mississippi, Inc. has filed a petition for a Variance of eighty-five feet from a public library end five bundred (500) feet from the residentially zoned property to allow for the operation of the Goodwill Select Store in a C-3 (Goneral) Commercial District in the City of Jackson, First Judicial District of Hinds County, Mississippi; and WHEREAS, Jackson City Planning Board, after holding the required public hearing on July 22, 2015, has recommended approval of the said petition; and WHEREAS, notice was duly and legally given to property owners and interested citizens that a meeting of the Council would be held at the City Hall at 2:30 pm., Monday, August 17, 2015 to consider said change, based upon the record of the case as developed before the City Planning Board; and WHEREAS, it appeared to the satisfaction of the City Council that notice of said petition had been published in the Mississippi Link on July 3, 2015 and July 17, 2015 that a hearing would be and had been held by the Jackson City Planning Board, as provided for by ordinances of the City of Jackson and the laws of the State of Mississippi, and that the Jackson City Planning Board had recommended approval of the petitioned Variance of eighty-five feet from a public library and five hundred (500) feet from the residentially zoned property to allow for the operation of the Goodwill Select Store in a C-3 (General) Commercial District of the City of Jackson; and WHEREAS, the Council, after having considered the matter, is of the opinion that the literal interpretation of the provisions of this Ordinance does not deprive the applicant of rights commonly ‘enjoyed by other properties in the same district under the provisions of this Ordinance; and NOW, THEREFORE, BE IT ORDERED BY THE COUNCIL OF THE CITY OF JACKSON, MISSISSIPPI: SECTION 1. That the property located in the City of Jackson, First Judicial District of Hinds County, Mississippi, more particular described as follows: A tract of land situated in the NE V. of Section 13, TON, RIE, City of Jackson, Hinds County First Judicial District, Mississippi, being more particularly described as follows: ‘Commence at the point of intersection of the East right-of-way line of the Interstate Highway No. I- 55, Mississippi Highway Department Project 1-091-2(14), with the line between the North Y, and the South Y, of said Section 13, TON, RIE, Hinds County First Judicial District, Mississippi, and run thence North 9 degrees 29 minutes 16 seconds Rast and parallel with the centerline of said Highway Project for a distance of 464.08 feet; run thence North 89 degrees 39 minutes 05 seconds East for a stance of 5.5 feet to an iron pin on the present right of way line of the 1-55 and the POINT OF BEGINNING of the following described tract of land; thence run Northeasterly along the arc of a curve to the right in said presont tight of way line for a distance of 78.00 feet, said curve having a radius of 11441.155 fect and a chord of North 10 degrees 56 minutes 32 seconds East with a distance ‘of 78.00 feet; ran thence North 11 degrees 08 minutes 15 seconds East continuing along the present right of way line for a distance of 131.70 feet; rum thence North 19 degrees 29 minutes 15 secondsast and along the present right of way line for a distance of 163.12 feet to an iron pin; run thence ‘North 9 degrees 29 minutes 15 seconds East and along the present right of way for a distance of 128.77 feet to a point on the South bank of Hanging Moss Creek, Thence leaving the said Highway right of way line ran South 80 degrees 41 mimutes 42 seconds East along the South bank of Hanging Moss Creek for a distance of 46.04 feet to a point; ran thence Southeasterly along the arc of a curve to the right and along the South bank of said creek for a distance of 50.0 feet, said curve having a degree of curve of 04 degrees 08 minutes with a radius of 1386.19 feet and a chord of South 79 degrees 28 minutes 32 seconds East with a distance of 59.00 feet to a point; rua thence South 15 degrees 12 minutes 13 seconds West and for a distance of 143.74 feet to an iron pin; run thence South 74 degrees 47 minutes 47 seconds Rast for a distance of 220.00 feet to an iron pin run thence North 15 degrees 12 minutes 13 seconds East for a distance of 141.97 feet to a point on the South ‘bank of Hanging Moss Creek; nun thence South 72 degrees 32 minutes 06 seconds East for a distance of 400.61 feet to a point; run thence South 0 degrees 28 minutes 24 seconds West for a distance of 283.80 feet to an iron pin; nun thence South 89 degrees 39 minutes 05 seconds West along the extension of a party wall for a distance of 810.98 feet to the Point of Beginning. This parcel contains 6.208 acres, more or less. ‘Together with benefits in favor of the above property of that certain Drainage easement in favor of the Mississippi State Highway Commission, dated July 5, 1951, recorded in Book 718 at Page 418, and as shown on survey of Banks Engineering & Surveying, Ino., dated October 5, 1998, and as revised by survey dated 2/1/2002; and ‘Together with benefits in favor of the above property of that certain Drainage casement in favor of the Mississippi State Highway Commission, dated July 10, [951, recorded in Book 720 at Page 28, and as shown on survey of Banks Engineering & Surveying, Inc, dated October 5, 1998 and as revised by survey dated 2/1/2002; and Together with the reciprocal and non-exclusive rights, easements and privileges of use, ingress, parking and for utility and other purposes created, granted limited and defined in and by that certain Operation and Reciprocal Easement Declaration recorded in Book 3038, page 295, and as amended by First Amendment to Operation and Reciprocal Easement Declaration recorded in Book 3206 at Page 305. The acknowledgment of MidSouth Development Company is dated prior to the date of ‘execution, Together with the reciprocal and non-exclusive rights pertaining to that certain ten foot (10) easement, five feet (5') of which lies on the East side of subject property and five fect (5') of which abuts the East side of subject property on lend owned by grantors, contained in Deed dated June 30, 1964, recorded in Book 1510 at Page 36, Being an extension of the easement created in Book 1480 at page 71, as shown on survey of Banks Engineering & Surveying, Inc., dated October 5, 1998 and as revised by survey dated 2/1/2002. be and is hereby denied the petitioned Variance of cighty-five feet from a public library and five ‘hundred (500) fect from the residentially zoned property to allow for the operation of the Goodwill Select Store in a C-3 (General) Commercial District. Case No. 3910 August 17, 20157007 2560 DOOD She? ause SS ene ta en a te) Cnet a ey ae ee amet Pose veo mene Teta Pompe Foe el rns: CantonMart Development LLC Sp; 300 Wilmot Road ee ‘Si Deerfield, TL 60018 7 - — SR eet son Bisa BTIFIED ne eat vate eae oo rac Prana aun ca ton cen ie Comin aman ‘utPostga Foes | Sie Ae% Ward I Council Member fesrebis zu P.O. Box 17 Jackson, MS 39205-0017 oveae | ceased eoanonan Rose ' Cietienat glad ! @ Tet Potage ® m= = ‘Wenstar Propet roasts. 263 Wagner Place 7007 250 GOOD 4B? a3ab 7007 2560 DOOD 3467 8409 joe stts 2 Memphis, TN 38103-3652 5 sie 25 1045 South Woodssnill, Suite 1 ‘Town & Country, MO 63017 Powage [5 casted oe center ties} Cran tes ; eof. Tou Posaget Paes Princess Barber sikitagens? Jackson Association of Neighbor! enrsaaces 5568 Draughn Drive Jackson, MS 39209 : 7007 2560 OOO 54L7 B5na Cee Tt Pesage® =~ = — Deposit Guaranty Nal Bank ii cio Regions Bank arson zis 250 Riverchase Plawy, Ste 600 Birmingham, AL 35244 2007 2560 O00 9467 B45Faeroe inti mse 700? 2560 OOO 5467 4430 8. 1142 Edinburgh Rq San Dimas, CA 91773 s en a Prom encore 7 | | t i i pa Manir Hospitality LLC vy At Home CareLLc 306 Church Street We 5035 1-55 North = | erase ; ‘Fackson, MS 39206 ‘ort Gibson, MS 39150 esas 3 erat te 7007 2540 CODD G¥b7 a4es 7007 2560 0000 9447 Buy? a iit 4 5 7 % G : 5 2 2 ® 2 ” reset a Faken Race Fen 3 8 ees} pe 8 8 mas fee B ratrovuga ran a 3 ia = "gens 155 Pariners LLC © ausceasens; WP. Bridges, Jr. eee x 12486 © [eroamts” 1900 Lakeland Dr | jute © OBS © lass yacteson, MS 39236 Sackson, MS 39216eA feracnita) anaes itm io RECEIPT Deane ano? 2840 D000 S467 8638 ea CERT i : Sai Nr Tee Boned trey Fog Eceoeel Rael saat Poamge nt Old Canton Road. Apes Let ' Ssiagrt: fo Monfore Group lic. creel pO Box 020530 Tuscaloosa, AL 35405 2007 250 0000 4bb S232 a i Hest lea NT ste 5 “| oh se | a tok 2 ' oF Cortes Foe fa - ccestieran tele | i ‘we © emnemenss rwatpounge son Fe B rtrosnnoenn le : mh : [om Briarwood Enterprises LLC pp [RP Morris Real Estate No HT LLC ee © |eeayarsr” Attn: Bradley Morris Pac? Oo y Fares sa 7708 Old Canton Rd Jackson, MS 39236-3234 * Madison, MS 39110 eae