CASE# 1070 - Oxford, Mississippi€¦ · ~G~& fl.!. Y 3 I PH 4: 4 .: SECURITY HOLDINGS, LLC ,• I ' • • • • •• ">".! -.,. ., 1 .•,.r,_ • ~If:.. .=:.1\;\ vs. BY CL

SITE PLAN APPROVAL

Oxford Planning Commission Classification Report

(For Planning Purpose Only)

CASE# 1070

Data Summary Date: 2-20-03

1. PROPERTY (STREET) ADDRESS: OJd Taylor Road & Hwy 6 West

2. PROPERTY OWNER: The Commons at Ole Miss, LLC

3. PETITIONER: Same

4. PRESENTED BY:

5. PLANNED USE: PO

ZONING

6. PRESENT ZONING: PO

7. REQUESTED: NA

8. APPLICABLE REGULATIONS:

MINIMUM ZONING NEEDED:

9. ZONING IDSTORY: RC to PO

LAND USE

10. LOT SIZE OR ACREAGE:

11. EXISTING USE: Undeveloped

12. EXISTING STRUCTURES: None

13. PHYSICAL CHARACTERISTICS: Undeveloped

14. ABUTTING USE AND ZONING:

North- RC South- RC East- RC West- RC

Chief (662) 232-2418 Inspection (662) 232-2415 Training (662) 232-2741

City of Oxford Building Department

Re: University Commerce Park

To Whom it May Concern,

04-05-04

IIJ)ce I[DmurtHllll

.... --- . IN THE CHANCERY COURT OF LAFAYETTE COUNTY. MISSISSIPPI

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SECURITY HOLDINGS, LLC ,• I ' • • • • •• ">".! -.,. .,

1 .•,.r,_ • ~If:.. .=:.1\;\

vs. BY CL __

PLAINTIFF

Cause No. 2.04', _ 2. 5< ~) ----THE COMMONS AT OLE MISS, LLC, W. EDWARD TREHERN, PAUL C. MONROE. UNIVERSITY OFFICE PARK, LLC, KESSINGER REAL ESTATE, LTD., and KESSINGER ENTERPRISES, INC.,

STATE OF MISSISSIPPI COUNTY OF LAFAYETTE

LIS PENDENS NOTICE

DEFENDANTS

You are hereby notified that the Plaintiff, Security Holdings LLC, has filed a Complaint

in the above styled and numbered cause in the Chancery Court of Lafayette County, Mississippi,

whereby Plaintiff claims the right to specific perfonnance and to imposition of a constructive

trust upon commons areas of the Oxford Commons or University Office Park Development that

are held by defendant The Commons at Ole Miss, LLC, and to Lots or Units 5 and 6 of the

Oxford Commons or University Office Park Development, also held by the Commons at Ole

Miss, LLC.

The interested parties are

Plaintiff: Security Holdings, LLC.

Defendants: W. Edward Trehem, Paul C. Monroe, University Office Parle,

LLC, Kessinger Real Estate, LTD, and Kessinger Enterprises, Inc.

The property that is the subject of this Lis Pendens notice is the following as set forth in the plat

that is attached as Exhibit A to this Lis Pendens Notice:: the common areas (those areas not

designated as part of pads I through 8), and Pads 6 and 7. This Lis Pendens notice does not

include pads 1 through 5 and pad 8. The property is more particularly described by metes and

bounds as fol1ows:

Part of the South half of Section 29, Township 8 South, Range 3 West, Lafayette County,

l'ili.ssissippi. being 6.04 acres, more or less, and more particularly described as follows:

Beginning at a %.-inch steel tube 1589.83 feet south and 3196.71 feet east of a concrete post

commonly accepted as the Northwest corner of the Southwest Quarter of said Section 29,

said steel tube being 60.00 feet west of and perpendicular to the centerline of Old Taylor

Road; thence run North 73° 06' 08" West a distance of 201.77 feet along the north line of

the Tumbcrry Condominium property to a %-inch steel tube; thence run North 05° 33' 47"

East a distance of 130.16 feet along said Tumberry Condominium north property line to a

%-inch steel tube; thence run North 10° 59' 33u East a distance of 72.76 feet along said

Tumberry Condominium north property line to a Y2-inch steel rube; thence run North 17°

05' 1711 East a distance of 121.23 feet along said Turnberry Condominium north property

line to a 1/z-inch steel tube; thence run North 69° 33' 33" East a distance of 54.92 feet along

said Tumbeny Condominiwn north property line to a %-inch steel tube; thence run North

15° 03' 30'' East a distance of 100.25 feet along said Turnberty Condominium north

property line to a Y2-inch steel tube; thence run North 73° 01' 18" West a distance of 98.17

feet along said Turnbeny Condominium north property line to a Yz-inch steel tube; thence

run North 62° 41' 06° West a distance of 157.46 feet along said Turnberry Condominium

north property line to a %-inch steel tube; thence run South 81° 20' 30" West a distance of

95.33 feet along said Turnberty Condominium north property line to a Yi-inch steel tube;

thence run South 68° 54' 15" West a distance of 35.30 feet along said Tumbeuy

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Condominium north property line to a Y2-inch steel tube; thence run Sourth 87° 1 t 1 45"

West a distance of 59.05 feet along said Turnberry Condominium north propcny line to a

Yi-inch steel tube; thence run North 78° 20' 29" West a distance of 74.79 feet along said

Turnberry Condominium north property line to a Y2-inch steel tube; thence run North 02°

43' 22" West a distance of 220.04 feet along said Tumbcrty Condominium north property

line to a Yz-inch steel tube; thence run South 65° t 8' 58" West a distance of 117.46 feet along

said Tumbeny Condominium north property line to a Yi-inch steel tube; thence run North

24° 41' 02" West a distance of78.00 feet along said Tumberry Condoltlinium north property

line to a ¥2-inch steel tube on the east line of the SUH-Oxford, LLC property; thence run

North 65° 18' 58" East a distance of 208.86 feet along said SUH-Oxford, llC east property

line to a %-inch steel tube on the south right-of-way line of Mississippi Highway 6; thence

run South 62° 38' 4r East a distance of 760.83 feet along said Mississippi Highway 6 south

tight-of-way line to a concrete right-of-way market 60.00 feet west of and perpendicular to

said Old Taylor Road centerline; thence run South 16° 53' 52" West a distance of 581.95 feet

along a line 60.00 feet west of and parallel to said Old Taylor Road centerline to the Point of

Beginning, and containing 6.04 acres, more or less. Bearings arc based on bearings as

shown on the deed of record as recorded in Deed Book 518, Page 725 in the office of the

Chancery Clerk, Lafayette County, Mississippi. The above description was written from a

plat of survey by Precision Engineering Corporation dated January 16, 2004.

TOGETHER WITH THE FOLLOWING INGRESS/EGRESS EASEMENT: Part of the

South Half of Section 29, Township 8 South, Range 3 West, Lafayette County, Mississippi,

being 0.27 acre, more or less, and more particularly described as follows:

3

r •

Beginning at a 1/z-inch steel tube 1589.83 feet south and 3196.71 feet e:i.st of a concrete post

conunonly accepted as the Northwest comer of the Southwest Quarter of said Section 29,

said steel tube being 60.00 feet west of and perpendicular to the centerline of Old Taylor

Road; thence run South 16° 53' 52" West a distance of 60.00 feet along a line 60.00 feet west

of and parallel to said Old Taylor Road centerline to a point; thence run North 73° 06' 08" f

West a distance of 189.74 feet to a point; thence run North 05° 33' 47" East a distance of

61.19 feet to a 1/z-inch steel tube; thence run South 73° 06' 08" East a distance of201.77 feet

to the Point of Beginning, and containing 0.27 acre, more or less. Bearings are based on

bearings as shown on the deed of record as recorded in Deed Book 518, Page 725 in the

office of the Chancery Clerk, Lafayette County, Mississippi.

You are further requested to file this Notice in the Lis Pendens records of Lafayette County,

Mississippi.

Respectfully submitted this th#d; of May , 2006.

OF COUNSEL:

FREELAND & FREELAND, LAWYERS 1013 JACKSON A VE Box269 OXFORD, MS 38655 (601) 234-3414

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•• • • • •• • •

Exhibit A - Page l o~ 2

EXHIBIT

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Univer$ity Comm

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SECTION 02300 - EARTHWORK

PART I -GENERAL

I.I SillvfMARY:

Work under this item shall consist of the excavation of the following:

I. All materials encountered within the limits of the work 2. Disposal of excavated materials by hauling to fill areas or waste. 3. Base course for asphalt paving

I 1.2 SUB:MIIT ALS: I'

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Samples for the following:

I. Samples, sealed in airtight containers, of each proposed soil material from onsite or lx>rrow sources.

PART 2- PRODUCTS

2.1 BACKFILL AND FILL MATERIALS:

The material shall be a mixture of clay and mineral aggregate. This mixture shall consist of topsoil, sand-cJay, sand-clay gravei disintegrated granite, or other approved selected aggregate and it shall contain sufficient binder material so blended or processed as to produce a uniform mixture complying with the requirements of these specifications.

'The material shall be unifonn and free of organic matter such as leaves, grass, roots and other objectionable or foreign substance.

General fill material whether excavated on site or imported as borrow shall be free oflumps larger tltan 3 inches, rocks and debris. Fill material shall conform to ASTM D 2487 Group Symbol CL, SC. Liquid limit not more than 45 and maximum plasticity index of25.

2.2 BASE MATERIALS

Crushed limestone shall conform to crusher run 699 dense grade base.

PART 3 -EXECUTION

3.1 EXCAVATION:

Excavation shall be carried to the grades shown on the plans. The area shall be cleared and grubbed prior to the start of excavation. All suitable materials excavated shall be used in the fonnation of embankments and backfill as directed. During the process of excavation, the grade shall be maintained in such condition that it will be well drained at all times, and temporary ditches shall be cut

Earthwork 02300-1

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to divert surfi1ce water which may affect the prosecution of the work. Prior to acceptance, the entire area shall be machined and bladed for proper drainage.

The rough excavation shall be earned to such depth that sufficient material will be left above the designated subgrade to allow for compaction of this grade. Likewise, on embankments, sufficient material shall be placed above the designated sub-grade to allow for both compaction and settlement. Should the Contractor, through negligence, excavate below the designated lines, he shall replace at his own expense such excavation with approved materials.

3.2 DISPOSAL OF UNSUITABLE AND SURPLUS MATERIALS:

Any materials encountered, which, in the opinion of the Engineer, are WlSUitable for use in~ work, shall be removed and disposed of as directed. No excavation shall be wasted without pennismon of the Engineer. Swplus excavation shall be disposed of as directed. Waste _

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Where material is encountered that will not pennit satisfuctory compaction for sub-grade, excavation, disposal and replacement for this material will be required and will be considered as incidental to sulr grade preparation. No extra pay will be allowed for this item

3.5 BASE COURSE:

Spreading, compacting and finishing crushed limestone base course shall be constructed in layers not to exceed 6 inches in compacted thickness. The first layer shall be constructed upon an approved underlaying course. In constructing any required subsequent layer of the stone base the previously laid layer(s) shall have been constructed in acc.ordance with therse specifications and shall have been maintained free of all ruts or irregularities and loose material and at the proper moisture content.

~

Spreading, shaping and compacting of the crushed stone shall be performed during daylight hours only.

To facilitate the bond between layers of the crushed stone base, subsequent layer(s) shall be placed upon previously placed layers as soon as practicable.

The Contractor shall avoid cutting into the underlying completed course or layer at any time, and by any method. He shall be responsible for maintaining the proper moisture content in the material including the vertical fuces of half width spreads of construction.

Materials shall be discharged from trucks into the spreaders, and at all times approximately 1/3 of batch shall be retained in the hopper of the spreader to avoid segregation of the aggregates.

After each layer of the stone is placed and the rolling nears completion, the course and the adjoining one shall be rolled together with special effort being exercised at the point where the joint occurs.

The surfuce course shall be constructed in approximately equal layers each of which is not to exceed 4 inches in compacted thickness. The Contractor shall be responsible for spreading loose material so as to minimize segregation and degradatioll; and in such ame>Wlts as to yield the required compacted thickness and grades.

Compacting shall begin promptly after satisfuctoiy spreading of the material and while moisture content is at optinnun. Un1ess otherwise directed by the Engineer, compacting operations shall be in the following sequence:

The steel wheel rollers shall be used to intensify the initial set provided by the spreader wili. As the steel wheel roller progresses to a satismctoiy distance, the VIbrating roller shall be introduced onto the base layer to key aggregates and fill voids. Rolling with the pnewnatic tired roller shall follow with the roller being operated in straight patm in both fonvard and reverse motion. Essential turning shall be made at slow speeds to avoid displacement of the materials.

A motor grader may be used in conjunction with compacting operations to correct the distnlmtion of materials. However, special care will be necessary to prevent segregation or degrading of the material.

Earthwork 02300-3

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The density of the completed portions of each layer of the base course shall be 100% Standard Proctor density.

When completed the base course layers shall be smooth. hard. dense, Wlyielding, and well bonded. It shall be the Contractor's responsibility to:

(a) Maintain optimum moisture content by reducing or accelerating loss of moisture. (b) Make adjustments as necessary to meet thickness, line, grade, and density requirements. (c) Minimize segregation or degradation of aggregates. ( d) Remove from the site and for the full layer depth any materials found to be unsatisfuctory and

replace with satisfuctory material. (e) Avoid cleavage lines in the base (f) Insure a completed base course meeting all requirements of these specifications.

No stone shall be placed upon an underlying course, or layer, when such course is or layer is froz.en, rutted or otherwise defonned, nor when it is not to the required grade and does not have the proper moisture content and required density.

.! No stone shall be placed when the atmospheric temperature is below 35 degrees For when the latest weather

0

bulletin indicates the probability of freezing temperatures within 12 hours in the area in which the project is located.

No stone shall be placed when over 100 percent of the stone placed in the previous day's operation fails to meet specified requirements for surfuce finish or density until the Contractor has made such adjustments or changes in equipment, operating procedures, and methods as are necessary to assure the securing of required results.

3.6 FIELD QUALITY CONlROL

The Owner shall provide Quality control services. Areas in fill shall be tested for compaction in accordance v.iith ASTh1 D 1556, ASTM 02167, AS1M 02922 or ASTM D3017. The results of these compaction tests shall be compared to compaction curves as detennined by testing uncompacted material in accordance with ASTM D698 ("Standard Proctor"), During all compacting operations, the water content of the material shall be constantly adjusted, if necessary, by sprinkling or loosening and subsequent evaporation to within 2% by weight of the optimum moisture content determined by tests indicated above. If tests indicate work does not meet ~ified requirements, remove unacceptable materials, replace and retest. Tests shall be perfonned on every lift of fill material for each 5,000 square feet.

3.6 DISPOSAL OF SURPLUS AND WASTE :MATERIALS

Remove surplus satisfuctory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property.

Earthwork 02300-4

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SECTION 02720 - STOR.1'.4 SEWER SYSTEM

PART I-GENERAL

1.1 SECTION INCLUDES

1.2

1.3

A. Provide stonn sewer pipe.

B. Provide inlets.

C. Provide manholes and covers.

D. Provide Lines, Grades, Stakes, and Templates.

E. Make arrangements with the local governing agency for connections and charges and include the cost thereof in the contract price.

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RELATED SECTIONS

A Section 2300 - EARTHWORK.

REFERENCES

A. ANSI/ASTM C76- Reinforced Concrete Culvert, Stonn Drain, and Sewer Pipe.

B. ANSI/ASTM C443 -Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets.

c. ASTM C478 - Precast Concrete Manholes.

D. ASTM A48 - Gray Iron Castings.

E. AASHTO M36 - Corrugated Metal Pipe

F. AASHTO M274 - Alwninized Steel Pipe.

G. ASTM A796 - Metal Pipe.

H. ASTMD2412

I. ASTMD2312

J. ASTMD3034

K. ASTMF477

Stonn Sewer System 02720-5

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1.6

L. ASTM 01417

DEFINITIONS

A. Bedding: Fill placed under, beside and directly over pipe, prior to subsequent backfill operations.

SUBMIITALS

A. Manufacturer's Certificate: Certify that products meet or exceed specified requirements. ~

B. Product Data: Provide data indicating pipe, pipe accessories, precast manholes, inlets, manhole rims and covers.

PROJECT RECORD DOCUNIENTS

A. .JAccurately record actual locations of pipe runs, connections, catch basins, inlets and invert elevations.

I l. 7 REGULATORY REQUIREMENTS

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A. Requirements of Regulatory Agencies: All work shall comply with rules and regulations oflocal and state agencies having jurisdiction.

I .8 JOB CONDITIONS

A. Existing Conditions: Carefully maintain bench marks, monuments, and survey control references.

1.9 SEWER SERVICES AND FEES

A. Make arrangements with Loca1 Utility Governing Agency or Department for requirements and approval, and service connection. PAY ALL CHARGES THEREFOR, AND INCLUDE THE COST THEREOF IN THE CONTRACT PRICE.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Storm Sewer Pipe: I. Concrete Pipe: Pipe shall meet the requirements of ASTM C76 Class III

reinforced concrete culvert, stonn drain, and culvert pipe with rubber gasket joints meeting requirements of ASTM C443.

2. Metal Pipe: Metal pipe shall be galvanized corrugated meta) pipe conforming to AASHTO M3 6 with bituminous coating inside and out or aluminized steel type II

Storm Sewer System 02720-6

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3.

4.

Storm Sewer System

pipe in accordance with MSHTO M 274 and ASTM A 796. The bituminous coating shall have a minimum thickness of0.05 inches. Metal pipe to be 12 gage or thicker. Couplings for metal pipe joints shall include gaskets.

PVC Pipe: Pipe shall meet the requirements of ASTM 3034 with a minimum wall thickness of SDR 35. Pipe joints shall be gasket, bell and spigot, push-on type conforming to ASTM D 3212. PVC shall be allowed only where indicated on the plans.

Corrugated High Density Polyethylene Pipe: Corrugated high density polyethylene pipe wall and an essentially smooth irmer wall, or with an essentially smooth waterway braced circumferentially with circular ribs which are roked simultaneously with an essentially smooth outer wall. AU sizes shall conform to the AASHTO classification Type S or D (which descnbes pipe with a smooth waterway).

a. The pipe shall comply with the requirements for test methods, dimensions, and markings fowid in AASHTO Designations M294 and/or MP6-95, latest edition. Pipe and fittings shall be made from virgin PE compounds which conform with the requirements of cell classification 335420C as defined and described in ASTM D 3350.

b.

c.

The minimwn parallel plate stifihess values when tested in accordance with ASTM D 2412 shall be as follows:

Diameter Pipe Stiffuess Diameter Pipe Stiffhess 12" SO psi 30'' 28 psi

1511 42 psi 3611 22 psi l 811 40 psi 42" 19psi 24" 34 psi 48" 17 psi

The fittings shall not reduce or impair the overall integrity or function of the pipe line. Common fittings include in-line joint fittings, such as couplers and reducers, and branch or complimentary assembly fittings such as tees, wyes, and end caps. Couplings shall be of the bell and spigot type and provide sufficient longitudinal strength to preserve pipe alignment and prevent separation at the joints. The spigot and 0-ring gaskets for the bell and spigot coupling shall be manufactured in accordance with ASTM F 477. Only fittings supplied or recommended by the pipe manufacturer shall be used and as approved by the Engineer.

02720-7

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Manhole Rims and Covers: Cast iron heavy traffic pattern with covers marked DRAIN total weight at least 365 pounds, metal used in the manufacturer castings shall confonn to minimum requirements of ASTM A48 Class JOB for Gray Iron; machine surfaces for the prevention ofwabling; one of the following or approved equal:

I. John Bouchard & Sons Company, Nashville, TN No. 1020.

2. Harper Foundry & Machine Company, Jackson, MS No. 7.

Precast Manhole Sections: these shall conform to ASTM C478; straight sections shall be of the lengths required for each manhole assembly; top sections shall be 36 inches high and conica~ either concentric or eccentric, tapering uniformly to 24 inch diameter at the top; each precast section shall have tongue and groove joints, and lifting holes to facilitate handling and laying. Embed manhole steps arranged on 16 inch uniform vertical centers in the completed manhole.

Manhole Steps: One of the following:

>•t. John Bouchard & Sons Company, Nashville, TN, No. 1800, cast iron.

2. Johnson City (1N) Foundry & Machine Works No. M-357, cast iron.

3. Harper Foundry & Machine Company, Jackson, MS, "Standard", cast iron.

Standard Curb Inlets: Cast iron heavy traffic type inlet frame, metal used in the manufacturer casting shall conform to minimum requirements of ASTM A48 Class JOB for Gray Iron; machine surfaces for the prevention of wobbling; grate and non·skid diamond design surfu.ce floor plate cover; one of the following:

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2.

John Bouchard & Sons Company, Nashville, TN, No. 3062 frame and grates and floor plate diamond cover.

Florkhart Fowidry Company, 84 Polk Street, Newark, NJ 07105. Frame and grate and floor plate cover, Type 683 and Code No. 60287.

PART 3 -EXECUTION

3.1 TRENCHING AND EXCAVATING

A.

B ..

Excavate trenches to depth indicated on drawings or required depth which will provide full length solid bearing for pipe barrels and sufficient depth for granular bedding materials for storm drain pipes. Provide 24 inches minimum earth cover over all pipes or as indicated.

Provide bell holes in trench bottoms to facilitate jointing and to prevent pipe hubs, couplings, and valves from bearing on ground before backfilling.

Stonn Sewer System 02720-8


3.2

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c.

D.

F.

Sheet and brace excavations as required to prevent cave-ins and to protect personnel and adjacent structures.

Where pipelines are below footings, the horizontal distance between footings and pipelines shall be as required to provide a slope not steeper than l: I ratio between footing bottoms and the trench bottoms at any point.

Unsuitable Subsurface Conditions: Where excavation bottoms at required elevations are found to be unstable, or where rock, cinders, rubbish or other deleterious materials are encountered, extend excavations dovm to finn earth and at least six inches below deleterious materials. Then excavation bottoms shall be brought up to pipe laying elevation by backfilling with suitable material compacted in place. Suitable materials and compaction shall be as specified below. Dispose of excavated unsuitable materials in approved manner.

ROCK EXCAVATION AND BLASTING

A.

B.

c.

Wherever used as the name of an excavated materia~ the tenn "rock" shall mean any one ·6r more of th~ following materials which in the Engineer's opinion require for their removal drilling and blasting, wedging, sledging, or barring, or breaking up with power operated hand tools: boulders, pieces of concrete, and pieces of masoruy, each weighing more than 250 pounds; and solid ledge rock, concrete, and masonry, each with more than Y2 cubic yard of volume. No measurement or allowance will be made for: soft or disintegrated rock or gravel which can be removed with a hand pick or power operated excavator or shovel; loose, sharpen, or previously blasted rock or broken stone in rock fillings or elsewhere; rock exterior to the limits of measurement allowed which may fall into the excavation; and removal of existing pavement.

Where rock is encountered in pipe trenches, remove all rock from sides of trench to provide at least six inches horizontal clearance from the pipe bells on each side, and remove all rock from required subgrade down to at least four inches below the bottom of the pipe bells. Bring trench bottom up to required subgrade down too at least four inches below the bottom of the pipe bells. Bring trench bottom up to required subgrade by backfilling with granular pipe embedment material as specified hereinafter, placed and compacted as required to provide uniform and continuous bearing of pipe barrels at every point between bell holes.

Where blasting is required, conduct all blasting operations only with properly qualified personnel in accordance with all applicable ordinances and regulations. Cover all blasts with suitable blasting mats, and use all other safety precautions as required to prevent personal injury and property damage. Repair all damage caused by blasting operations.

BACKFILLING

A. After each pipe has been laid thoroughly hand tamp backfill up to twelve inches above pipe top. Then place remaining backfill in eight inches loose layers maximwn and

Stonn Sewer System


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compact each layer with pneumatic or other suitable power tamp to at least the density of the adjacent undisturbed soil. Backfill materials shall be of the following types.

1. Up to twelve inches above pipe tops: selected earth or sand which is free of rocks, stones, bricks, cinders, broken concrete, rubbish, wood, vegetable matter, topsoil, and other unsuitable materials.

2. From twelve inches above pipe tops to finished grade or subgrade: any materials removed from the excavation which are suitable for backfill. Do not use as backfill any pieces of rock, stone, concrete, asphalt paving, or masonry larger than six inches in their greatest dimensions.

INSTALLATION

A.

B.

GRAVITY FLOW SEWER PIPE:

1.

2.

General: Lay gravity flow sewer lines so that their inverts will conform accurately to the lines, grades, elevations indicated and/or shown on previously approved cut sheets. Provide lasers, mason's lines, batter boards, and supports, and/or other suitable equipment as necessary to insure the installation of the sewer lines to the required lines, grades and elevations.

Handling: Provide and use suitable equipment for the safe and convenient handling of piping materials. Unload all piping materials carefully, and lower them carefully into the trenches, piece by piece, in a manner that will prevent damage to the materials and trenches. Do not under any circumstances drop or dump piping materials, either from transportation vehicles, or into trenches. Before laying inspect each length of pipe and each fitting for defects. Promptly remove all defective pipe and defective fittings from the pipe laying area.

· 3. Laying: Begin laying pipe in finished trench at the lowest points, proceeding upgrade without breaks between manholes, with pipe spigots facing down grade. Lay pipe with the bedding method required to accommodate the conditions encountered, with full length support of the pipe barrel at every point between bell holes, without groove or bell ends bearing on trench bottom, and with water-tight joints. Dewater trenches during laying and jointing, as specified hereinbefore. Keep trenches water-free and as dry as practicable during bedding laying, and jointing, and until the work will not be adversely affected by submergence.

Jointing: Before jointing, all mating surfaces of eachjoint and all joint materials shall be clean and dry. Make up all joints in strict accordance with the pipe and gasket manufacturer's printed directions. Immediately after jointing, secure each previously laid length of pipe in place with tamped backfill on each side of pipe.

I. Assemble each manhole with one or more straight vertical wall sections and one top taper section, to provide the required manhole depth. Seal all joints between

Storm Sewer System 02720-10

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precast section with the above specified gasket materia~ plug all lifting holes \\ith non-shrinking mortar after laying sections, and seal around all pipe entrances with non-shrinking mortar, all to provide strictly water construction. DON ONT USE MORT AR TO SEAL PRECAST SECTION JOINTS. Provide a 24 inch inside diameter brick, precast concrete, or cast-in-place concrete spacer rings between rim and precast taper section, as required to set rim at proper elevation. Securely grout spacers and rim to manhole structure with masonry mortar. Each finished manhole shall have permanently embedded-in manhole steps on 16 inch vertical centers.

Inverts: Provide an invert in each manhole bottom as required to acconunodate the inflowing and outflowing pipes, constructed with concrete or brick and mortar, with full pipe size flow channels very carefully and smoothly shapCd and :finished to prevent splashing and turbulent flow. Make all changes of flow directions within manholes with the maximum practical radius curves. Where possible, lay pipe through manhole, and remove upper half of pipe to form invert. Manhole floor outside of invert shall be smooth and shall slope toward invert at least one inch per foot.

Drop Construction: Provide drop connections where indicated, and in all cases where the drop through the manhole exceeds two feet with drop pipe and fittings arranged with the Local Utility standard details.

Set manholes tops as follows, unless otherwise indicated or authorized:

a. In streets, and other paved areas: flush with finished paving grade.

b. Other areas: flush with finish grade.

Connect new sewers to existing manholes where indicated. Rebuild existing inverts and provide new drop connections on existing manholes, in accordance with the requirements of this paragraph and as approved.

Protect and maintain each manhole until it is accepted. The Engineer may inspect complete manholes singly or in groups. The Contractor will be relieved from further responsibility of protecting the top of each accepted manhole which is accepted in writing.

CLEANING UP SEWER SYSTEM

A. Clean up the sewer system as the work progresses. Negligence in proper cleaning up which causes undue inconvenience to the public or private citizens or presents an WlSightly or dangerous condition, or causes embarrassment to civic officials shall be sufficient reason for rejecting of construction estimates until the unsatisfactory conditions have been remediCd.

B. After all work is complete, make a final cleanup of all areas where work has been done, and leave them in broom clean condition.

Storm Sewer System 02720-J I

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SECTION 02513 -ASPHAL TIC CONCRETE PA VINO

PART I -GENERAL

1.1 SUMMARY:

This section includes the following:

l. Hot-mix asphalt paving. 2. Pavement-Marking paint.

PART 2 - PRODUCTS

2.1 ASPHALT :MATERIALS

The bituminous material used in the mixture shall be petroleum asphalt cement, grade AC-30. The tack coat or prime coat material used in the mixture shall be the same grade asphalt cement as used in the mixture, or emulsified asphalt, grade SS-1. The tack coat or prime coat shall comply.with State Aid Standards, sections S-407.01 through S-407.06.

2.2 AUXILIARY MATERIALS

Pavement-Marking Paint: Latex. Water base emulsion, ready-mixed, complying with FS TT-P-1952. Color-White.

PART 3-EXECUTION

3.1 HOT lvlIX ASPHALT PLACING

Hot bitwninous pavement shall be constructed in accordance with State Aid Standard, sections S-403.01 through S-403.03. Pavement courses shall be applied as shown on the plans. The minimum compacted thickness of the surface course shall be 2 inches or greater.

The surface course shall be constructed in lifts not to exceed 2 inches compacted thickness. Each course shall be constructed to the typical section, or elevation required by the plans and shall be rolled, finished, and approved before the placement of the next course.

3.2 PA VElviENT MARKING

Do not apply pavement-marking paint until layout, colors, and placement have been verified with Architect.

Allow Paving to cure for 30 days before starting pavement marking.

Sweep and clean surface to eliminate loose material and dust.

Asphaltic Concrete Paving 02513-12

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Apply paint with mechanical equipment to produce pavement markings of dimensions indicated with uniform straight edges. Apply at manufacture's recommended rates to provide a minimum wet film thickness of 15 mils.

Asphaltic Concrete Paving 02513-13


SECTION 02514-PORTLAND CEMENT CONCRETE PAVING

PART 1 GENERAL

1.01 WORK INCLUDED

A. Concrete curbs, gutters and paving.

B. Reinforcement.

C. Surface finish.

D. Curing.

1.02 RELATED WORK

A. Section 02300 - Earth Work.

1.03 REFERENCES

A ACI 301 - Specifications for Structural Concrete for Buildings.

B. ANSYASTM A185 - Welded Steel Wire Fabric for Concrete Reinforcement.

C. ANSl/ASTM A497 - Welded Deformed Steel Wire Fabric for Concrete Reinforcement.

D. ANSI/ ASTM D 1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction.

E. ANSI/ ASTM D 1752 - Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction.

F. ASTM A615 - Deformed and Plain Billet-Steel for Concrete Reinforcement.

G. ASTM C33 - Concrete Aggregates.

H. ASTM C94 - Ready Mixed Concrete.

I. ASTM Cl 50 - Portland Cement.

J. ASTM C260 - Air-Entraining Admixtures for Concrete.

K. ASTM C309 - Liquid Membrane-Fanning Compounds for Curing Concrete.

L. ASTM C494 .. Chemical Admixtures for Concrete.

Portland Cement Concrete Paving 02514-14

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M. FS TI-C-800 - Curing Compound, Concrete, for New and Existing Surfaces.

1.04 QUALITY ASSURANCE

A. Perfonn work in accordance with ACI 301.

B. Obtain materials from same source throughout.

I.OS REGULATORY REQUIREMENTS

A. Conform to "Mississippi Standard Specifications for Road and Bridge Construction" for paving ~

work on Hwy R.O. W.

1.06 TESTS

A. Three concrete test cylinders will be taken for every 75 or less cu yds of concrete placed each day.

F. One additional test cylinder will be taken during cold weather and be cured on site under same conditions as concrete it represents.

G. One slump test will be taken for each set of test cylinders taken.

1.07 SUBlvfiTT ALS

A. Include data onjoint filler, admixtures, curing compounds.

PART 2 PRODUCTS

2.01 CONCRETE MATERIALS

A. Cement: ASTM Cl50 Nonnal-Type I.

B. Fine and Coarse Aggregates: ASTM C33.

C. Water: Clean and not detrimental to concrete.

2.02 FORM MATERIALS

A. Conform to ACI 301.

B. Wood or Steel form materia~ p~ofiled to suit conditions.

2.03 REINFORCEMENT

A. Reinforcing Steel: ASTM A615; 60 yield grade; deformed billet steel bars, uncoated finish.


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B. Welded Steel Wire Fabric: Plain type, ANSl/ASTM Al 85; in coiled rolls uncoated finish.

C. Tie Wtre: Annealed steel, minimum 16 gage size.

D. Dowels: ASTM A6 l 5; 40 ksi yield grade, plain steel, uncoated finish.

2.04 ACCESSORIES

A. Curing Compound: FS TI-C-800, Type 1, 30 percent solids.

2.05 CONCRETE :MIX

A. Mix concrete in accordance w1th ASTM C94.

B. Provide concrete for curb cut transitions of the following characteristics:

C. Provide concrete for curb and gutter of the following characteristics:

Compressive Strength at 28 days 3500 ps~ maximum slump of 3 inches and 5.5 percent air entrainment, ASTM C94. If slip-forming is used, maximum slump is 2 inches.

D. Use accelerating admixtures in cold weather only when approved by Engineer. Use of admixtures will not relax cold weather placement requirements.

E. Use set-retarding admixtures during hot weather only when approved by Engineer.

PART3 EXECUTION

3.01 INSPECTION

A. Verify compacted subgrade is ready to support paving and imposed loads.

B. Verify gradients and elevations of base are correct.

C. Beginning of installation means acceptance of existing conditions.

3.02 PREPARATION

A. Moisten base to minimize absorption of water from fresh concrete.

B. Notify Architect/Engineer minimum 24 hours prior to commencement of concreting operations.

3.03 FORWNG

A Place and secure fonns to correct location, dimension, and profile.

Portland Cement Concrete Paving

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B. Assemble formwork to permit easy stripping and dismantling without damaging concrete.

C. Place joint fillers vertical in position. in straight lines. Secure to fonnwork during concrete pJacement.

3.04 REINFORCEMENT

A. Place reinforcement at mid-height of slabs-on-grade.

B. Interrupt reinforcement at expansion joints.

C. Provide dowelled joints at interruptions of concrete.

3.05 FORMED JOINTS

A. Place expansion joints at 15 foot intervals to correct elevation and profile. Align curb, gutter, and sidewalk joints.

3.06 PLACING CONCRETE

A. Place concrete in accordance with ACI 301.

B. Hot Weather Placement: ACI 301.

C. Cold Weather Placement: ACI 301.

D. Ensure reinforcement, inserts, embedded parts and formed joints are not disturbed during concrete placement.

E. Place concrete continuously between predetermined construction joints. Do not break or interrupt successive pours such that cold joints occur.

F. Saw cut contraction joints 3/16 inch wide at an optimum time after finishing. Cut 1/3 into depth of slab.

3.07 FINISHING

A. Pavements and curbs shall have a broomed or burlap finish providing a uniform, skid-resistant texture.



SECTION 02665 WATER DISTRIBUTION SYSTEM

PART 1 - GENERAL

1.2

1.3

SUMMARY

A. This Section includes a complete system of water distributio~ consisting of pressure piping, valves and appurtenant items; as shown on the Drawings or specified herein from a point 5 feet outside the buildings.

B. Related Sections: The following sections contain requirements that relate to this section:

1. Division 2 Section 02300: Earthwork

C. Where these specifications differ from The City of Tupelo Standards For Water Pipe -Lines, the more stringent shall govern.

QUALITY ASSURANCE

A Design Requirements:

B.

I. Install all water mains with a minimum cover of30 inches below finished grade, unless otherwise indicated.

2. Construct water mains of the materials indicated on the Drawings, unless otherwise directed by the Architect.

3. When using PVC, provide only pipe and fittings bearing the approval seal of the National Sanitation Foundation (NSF) for potable water pipe.

4. For minor changes in horizontal alignment, pipe deflection may be used in lieu of fittings at the Contractor's option, but subject to approval of the Architect. Pipe deflection shall not exceed 75% of maximum limits established by AWWA

Pipe Inspection: Obtain from each pipe manufacturer a certificate of inspection to the effect that the pipe and fittings supplied for this Contract have been inspected at the plant, and that they meet the requirements of these Specifications. Visually inspect all pipe and fittings at time of delivery and just before they are lowered into the trench to be laid. Reject and remove pipe, joints, or; fittings that are damaged, or that do not conform to these Specifications.

1.4 SUBMITT ALS

Water Distribution System 02665-18

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1.5

A. Shop Drawings: Prior to construction, submit to the Architect shop drawing for the following:

1. Mill test certificates or certified test reports on pipe

2. Details of restrained and flexible joints

3. Valves and valve boxes

4. Joint lubricant

5. Pipe laying schedule

6. Temporary plug and anchorage system for hydrostatic pressure test

7. Compaction tests for embedment and backfill

8. Transition joints where required

·' 9. A trench safety plan for all excavation in excess of5 feet which meets all

requirements of Mississippi State Law or O.S.H.A.

10. Pipe adapters

PROJECT CONDITIONS

A. Water in Excavation: The Contractor shall dewater all trenches while the pipes are being laid and/or tested. Do not open more trench than the available pumping facilities are able to dewater to the satisfuction of the Architect. Dispose of all water in accordance with the applicable provisions of Section 02221 and any applicable pennits and in such a manner as not to interfere with the nonnal drainage of the territory in which he is working. Do not allow the pipelines being installed to be used as drains for such water, and keep the ends of the pipe properly and adequately blocked during construction by the use of approved stoppers and not by improvised equipment. Take all necessary precautions to prevent the entrance of mud, sand, or other obstructing matter into the pipelines, and upon completion of the work, if any such material has entered, clean the pipelines as directed by the Architect so that the entire system will be left clean and unobstructed.

PART 2 - PRODUCTS

2.1 POLYVINYL CHLORIDE PIPE AND FITTINGS

A Pipe:



B.

Smaller than 4 inches: PVC pipe conforming ASTM D J 785, Class 1 t 20 or 1220, Schedule 80 for pipe 2 inches and smaller, and Schedule 40 for pipe larger than 2 inches and smaller than 4 inches. Use on1y Schedule 80 for all threaded pipe.

Ductile Iron Water Pipe shall conform to American National Standard ANSI A21.51-1976 (A WW A C 1S1-76). The ductile iron pipe shall be designed for 350 psi working pressure for laying Condition Type 1 and shall be ANSI Thickness Class 50-51. Rubber gasket joints shall meet all requirements of ANSI A21.l l (A WWA Cl 11). All pipe shall have an inside lining ofcement-mortarconfonning \.VhhANSI A21.4 (AWWA Cl04). An equivalent enamel lining may be used in place of cement-mortar. All cast iron pipe shall be of domestic manufacture and if requeste4 the manufucturer shall fi.lrMh the City Engineer with certified test certificates stating that all materials furnished are in accordance with the above ~ specifications.

Fittings:

Smaller than 4 inches: Schedule 80 PVC with solvent weld or threaded joints, conforming to ASTM D 2467 and D 2464 respectively.

Cast Iron Fittings shall conform to ANSI A2 l .1 l (A WW A C 111 ). Fittings may be of either rubber gasket joint or mechanical joint and shall have an inside lining of cement-mortar or enamel All fittings shall be of domestic rnanufucture and if requested, the manufucturer shall furnish the City Engineer with certified test certificates stating that all materials furnished are in accordance with the above specifications.

C. Joints:

Smaller than 4 inches (PVC): Solvent welded in accordance with the recommendations of the pipe manufactW'er, using the solvent welding compound furnished with the pipe, or threaded. Use threaded joints only with Schedule 80 pipe, or better. At threaded joints between PVC and metal pipes, the metal shall contain the socket end and PVC sigot.

2.2 GATE VALVES

A. Gate Valves shall comply with A WW A Specifications C-500, as rnanufuctured by the Mueller Company or approval equal, and the following design specifications. All gate valves are to be iron body, bronze rnowit~ double disc, non-rising stem, parallel seat type. Gate valves shall have a maximum working pressure of 200 psi and be tested at 400 psl Non-geared valves shall be furnished with 110 11 ring packing (two "O" rings). The thrust collar and other bearing surfilces shall be pennanently lubricated with oil The disc mechanism shall be designed so the seating pressure is applied equally at four separate contact points near the outer edge of each di.sq. The type of end connection shall be detennined by the type of pipe used.

PART 3 -EXECUTION

3.1 PREPARATION



Cleanliness: Thoroughly clean the interior of the pipes of all foreign matter before placing them in the trench and keep clean during laying operations by means of plugs or other approved methods. During suspension of work, for any reason, at any time, place a suitable stopper in the end of the pipe last laid to prevent mud or other foreign material from entering the pipe.

3.2 INSTALLATION

3.3

A.

B.

c.

Pipe:

1. Gradient: Install the pipelines in straight vertical alignment and maintain depth of cover uniform with respect to finish grade, whether grading is completed .gr proposed at time of pipe installation.

2. Pipe Joint Deflection: Whenever it is desirable to deflect the pipe horizontally, deflect the pipe only within 75% of the maximum limits as established by the manufacturer.

3. Rejects: Immediately remove any pipe found defective and replace with sound pipe at the Contractor's expense.

4. Joint Compounds: Use no sulfur base joint compound.

5. Anchors: Place concrete thrust blocks conforming to the details shown on the Drawings and of 2500 psi concrete, at all bends, tees, plugs and other fittings to provide lateral support. Tiuust block layout and forms must be approved by the Geotechnical Engineer prior to placing concrete.

Polyvinyl Chloride Pipe Joints: Install the joints of all piping in full compliance with the manufacturer's recommendations and absolutely tight. In threaded joints, wrap the male threaded end with Teflon pipe tape when the joint is made up. At threaded joints between PVC and metal pipes, use only metal socket ends and PVC sigots. Backfilling:

1. After pipe has been laid, inspected, and found satisfactory, place sufficient backfill along the pipe barrel to hold the pipe securely in place during hydrostatic testing. Place no back.fill over joints until the testing is satisfactorily completed, leaving them exposed to view for the detection of visible leaks.

2. Upon satisfactory completion of the hydrostatic test, complete backfilling of the trench.

FIELD QUALITY CONTROL

A. Flushing: Flush all water mains with water to remove all sand and other foreign matter. Dispose of the flushing water without causing a nuisance or property damage.

B. Hydrostatic Tests:

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D.

1. All water mains shall be tested in accordance with A WW A C600 Section 4.

Correction of Work: Where leakage exceeds the allowable limit, as specified previously, locate and repair the defective pipe or joints. If the defective portions cannot be located, remove and reconstruct as much of the work as is necessary in order to confonn to the specified limits. Repair or replace any visible leaks or any defective pipe or joints as directed by the Engineer even though the total leakage is within the specified allowable limits. No additional payment will be made for the correction of defective work, or damage to other parts of the work resulting from such corrective work.

Disinfection:

1. Before any portion of water distribution system is to be placed in service, disinfect it in accordance with the requirements of A WW A C65 I, and demonstrate its disinfection by bacteriological test conducted in accordance with Standard Methods for Examination of Water and Wastewater for the coliaerogenes group, by an approved laboratory acceptable to the Engineer and County Health Department having jwisdiction.

2.

3.

4.

Use free chlorine in aqueous solution as the disinfecting agent, with sustained concentration for 24 hours or more of not less than 50 parts per million. Chlorine may be derived from chlorine gas, or 70 percent (high test) calcium hypochlorite (HTH or Perchloron, or equal). Administration may be by any of the several methods descn'bed in A WW A C651 as proposed by the Contractor and approved by the Engineer.

Following contract with chlorine solution, thoroughly flush out and take samples, using sterile containers obtained from the County Health Department, to the CoWlty Sanitarian or approved laboratory for analysis.

If samples do not demonstrate satisfilctory results, repeat the disinfection procedure until two series of satisfactory samples are obtained, the period between such series of samples to be a minimum of twenty-four hours.

3.4 CONNECTION TO EXISTING SYSTEM

A. Make all connections to existing mains after complete disinfection of the proposed system and under the direction of the utility service provider. Valves separating the mains being installed from existing mains will be operated by or under the direction of said utility service.



SECTION 02730 - SANITARY SEWER SYSTEM

PART 1 - GENERAL

1.6

1.2

1.3

SECTION INCLUDES

F. Provide gravity sewer pipe

G. Provide Lines, Grades, Stakes, and Templates.

RELATED SECTIONS

M. Section 2300 - EARTHWORK.

REFERENCES

A. ANSI/ASTM 03034 - Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings.

N. ASTM A48 - Gray Iron Castings.

0. ASTM C94 - Ready Mix Concrete.

1.10 SUBMITTALS

1.11

A. Product Data: Provide data indicating pipe, and pipe accessories.

B. Manufacturer's Installation Instructions: Indicate special procedures required to install Products specified.

C. Manufacturer's Certificate: Certify that products meet or exceed specified requirements.

PROJECT RECORD DOCUl'viENTS

A.

B.

Record location of pipe runs, connections, manholes, wyes, and invert elevations.

Identify and describe unexpected variations to subsoil conditions or discovery of uncharted utilities.

1.12 REGULATORY REQUIRE:MENTS

Sanitary Sewer System 02730-23


1.13

A. Requirements of Regulatory Agencies: All work shall comply with rules and regulations oflocal and state agencies having jurisdiction.

JOB CONDITIONS

A. Existing Conditions: Carefully maintain bench marks, monuments, and survey control references.

PART 2 - PRODUCTS

2.2 MATERIALS

A. Sanitary Gravity Sewer Pipe: PVC pipe shall conform to ASTM 3034 with minimum wall thickness of SOR 26.

B.

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c.

D.

E.

F.

G.

Wyes and other fittings for pipe shall have the same materials, strengths, and joint types as those specified above for the pipe types involved.

Concrete:

7. Concrete shall be 3,000 psi ready mix type conforming to ASTM Specification C94 composed of Portland cement, sand, and washed coarse aggregate all conforming to ASTM Specifications; mixed with clean water free of oil, acid, alkali, and organic matter; and furnished by an approved ready mix plant's standard for the specified strength, as established and tested by an approved laboratory, in accordance with applicable ASTM Standard Specifications.

Cleanouts: Iron body countersunk head brass plug type.

Adapters to connect concrete or pipe to cast iron pipe: suitable factory made type, of same materials and with same type of joints as those of the PVC type.

Types of Pipes:

1. Gravity Sewers:

a. PVC pipe

2. Cleanouts Risers: Use cast iron

Manhole Connections: Rubber gasket connections Kor-N-Seal connectors or equal.

Sanitary Sewer System


PART 3 - EXECUTION

3.6 TRENCHING, EXCAVATION, SHORING, BRACING, AND DE-WATERING

A. Special Requirements:

I. See RAILROAD CROSSINGS and HIGHWAY CROSSINGS, hereinafter, for special excavation requirements in those areas.

2. See ROCK EXCAVATION AND BLASTING, hereinafter, for special excavation requirements where rock is encountered.

B. General Excavation, Gravity Flow Lines: Unless otherwise indicated or authorized, pipe trenches shall be open cut and shall follow lines parallel to and equidistant from the pipe centerline. Excavate trenches to the depths and widths required to accommodate the construction of sewers, as follows:

c

1. Depth: excavate at least four inches below the final in place elevation of the pipe bottom to accommodate the granular pipe bedding material specified hereinafter under PIPE BEDDING for the type of pipe involved.

8. Widths: maximum trench widths, as measured AT TOPS OF PIPES, shall be as tabulated below; trenches may be wider ABOVE tops of pipes.

9.

Pipe Size

4" 6" 8"

Maximum Trench Width

2'-0" 2'-011

2'-0"

MINIMUM cover over tops of pipes shall be: 30 inches for all pipes NOT subject to traffic loads and 48 inches for all pipes subject to traffic loads.

10. Install all shoring, sheathing, and bracing timber INSIDE of the specified MAXIMUM trench widths.

Excavations for Manholes: Excavate for manholes to the dimensions, shapes, and elevations as indicated and as required by mechanical and/or


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hand methods. Excavations for manhole bases shall be plumb, level, firm, clean, and free ofloose earth, loose rock, vegetation, mud, water, frozen earth, topsoil, and other unsatisfactory materials immediately before concrete placement. The outside dimensions of manhole excavations shall be at least 12 inches greater than the manhole outside dimensions to facilitate manhole construction and backfilling around the structure.

1. If excavation is carried below indicated or authorized elevations or is the subgrade should be spoiled in any way, fill the over-excavated or spoiled areas with 3,000 psi concrete unless otherwise specified or authorized.

D. Unsuitable Subgrade: Where the material at required pipe laying subgrade will not provide a sufficiently firm foundation to support the pipes and superimposed loads, removed the unsuitable material down to the depth required and replace with the specified embedrnent or granular backfill material, as authorized crush rock or gravel pipe bedding.

E. Maintaining Drainage: Provide and maintain in proper working order all dewatering equipment required to remove water from the excavations and to keep the excavation bottoms stable until the work has been installed properly and will be unaffected by submersioIL Where the excavation bottom is mucky or otherwise unstable because of groWld water, lower the ground water level and stabilize the trench bottom by the use of bailing, pwnps, or other suitable method. Where quicksand or other water bearing strata are encounter~ install and connect the necessary number of well points with pumping equipment of sufficient capacity to prevent rise of water in the excavation.

F. Shoring, Sheathing, and Bracing: Adequately shore and brace trenches and other excavations as required to protect personne~ adjacent structures, and adjacent property. Where required for the conditions encountered, brace trenches and excavations with suitable close sheeting or sheet piling. Do all necessary cnobing up required for the proper operation of trenching machines. Repair all damage resulting from inadequate shoring, sheathing, and bracing.

G. Removal of Sheathing: Sheathing or shoring that does not extend below the pipe centerline may be removed after the trench backfill has been placed and compacted to at least one foot above the tops of the pipes. Immediately after such removal, fill all resulting void spaces and recompact backfill. Sheathing may be left in place only where specifically approved. Cut off the tops of all sheathing left in place at an approved depth below finished grade.


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3.7

3.8

H. Excavation in Cultivated Fields and Fann Areas: In all cases where the pipeline passes through cultivated fields and/or funning areas, perform excavation in the following manner: Notify owner of time and location of work. Schedule work so as not to interfere with funning operations. Remove the topsoil from the entire width of sewer trench to a minimum depth of12 inches of the ground surface, replace topsoil unifonnly over the entire excavation.

ROCK EXCAVATION AND BLASTING

A. Wherever used as the name of an excavated materia~ the tenn "rock" shfilL. mean any one or more of the following materials which in the Engineer's opinion require for their removal drilling and blasting, wedging, sledging, or barring, or breaking up with power operated hand tools: boulders, pieces of concrete; and pieces of masonry, each weighing more than 250 pounds; and solid ledge rock,. concrete, and masonry, each with more than ~ cubic yard of volume. No measurement or allowance will be made for: soft or disintegrated rock or gravel which can be removed with a hand pick or power operated excavator or shovel; loose, sharpen, or previously blasted rock or broken stone in rock fillings or elsewhere; rock exterior to the limits of measurement allowed which may full into the excavation; and removal of existing pavement.

B. Where rock is encowitered in pipe trenches, remove all rock from sides of trench to provide at least six inches horizontal clearance from the pipe bells on each side, and remove all rock from required subgrade down to at least four inches below the bottom of the pipe bells. Bring trench bottom up to required subgrade by backfilling with one of the following materials placed and compacted as required to provide unifonn and continuous bearing of pipe barrels at every point between bell holes: sand; selected earth as specified in paragraph F. of BACKFILLING hereinafter; or granular bedding material as specified in paragraph B. l. of TRENCHING, EXCAVATION, SHORING, BRACING, AND DE-\VATERING, hereinbefore.

C. Where blasting is required, conduct all blasting operations only with properly qualified personnel in accordance with all applicable ordinances and regulations. Cover all blasts with suitable blasting mats, and use all other safety precautions as required to prevent personal injury and property damage. Repair all damage caused by blasting operations.

HANDLING AND LA YING GRAVITY FLOW SEWER PIPE

A. General: Lay gravity flow sewer lines so that their inverts will confonn accurately to the lines, grades, elevations indicated and/or shown on

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3.4

B.

c.

previously approved cut sheets. Provide lasers, mason's lines, batter boards, and supports, and/or other suitable equipment as necessary to insure the installation of the sewer lines to the required lines, grades and elevations.

Handling: Provide and use suitable equipment for the safe and convenient handling of piping materials. Unload all piping materials carefully, and lower them carefully into the trenches, piece by piece, in a manner that will prevent damage to the materials and trenches. Do not under any circumstances drop or dump piping materials, either from transportation vehicles, or into trenches. Before laying inspect each length of pipe and ~ each fitting for defects. Promptly remove all defective pipe and defective fittings from the pipe laying area.

Laying: Begin laying pipe in finished trench at the lowest points, proceeding upgrade without breaks between manholes, with pipe spigots facing down grade. Lay pipe with the bedding method required to accommodate the conditions encountered, with full length support of the pipe barrel at every point between bell holes, without groove or bell ends bearing on trench bottom, and with water-tight joints. Dewater trenches during laying and jointing, as specified hereinbefore. Keep trenches water-free and as dry as practicable during bedding laying, and jointing, and until the work will not be adversely affected by submergence.

D. Jointing: Before jointing, all mating surfaces of eachjoint and alljoint materials shall be clean and dry. Make up all joints in strict accordance with the pipe and gasket manufacturer's printed directions. Immediately after jointing, secure each previously laid length of pipe in place with tamped backfill on each side of pipe.

E. Test for line grade: During pipe laying, light from the beginning end of each straight section between manholes shall remain constantly visible from the working en~ and shall show the true character and shape of the inside surface of the sewer, which shall be circular in form. This test will be applied to each completed section of sewer before its acceptance. Take up and relay all pipe which is not in true alignment or shows any settlement after laying.

F. Protection of Pipe after Laying: As the pipe laying progresses, keep all dirt, trash, and other foreign rnateria1s cleared from the inside of the pipes. At all times when pipe laying is not in progress, keep the open ends of all pipes securely closed to prevent entrance of. water, mud, or foreign matter, and secure all pipes to prevent displacement by movement of backfill, flotation, and other causes.

BACKFILLING

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3.9

A

B.

c.

General:

Do not backfill until the undergrowid work involved has been inspected and approved. Immediately after approval, backfill as specified below. Pipe Under Existing Paved Areas: Backfill the trenches with compacted sand only from pipe laying subgrade up to paving subgrade.

Pipe Under Non-Paved Areas: Place backfill from 12 inches above pipe tops up to finished grade by suitable methods which will prevent pipe damage and window excess excavated material over trenches. After ~ sufficient, complete surface dressing, surplus earth removal, and surface cleanup.

CLEAN OUTS

A. Provide cleanouts where indicated on the drawings.


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SECURITY CHECK

A PAYMENT SOLUTIONS FIRM

February 14, 2006

Dear Mr. Trehern:

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Security Holdings, LLC, is ready to close on its two lots (Pads 6 and 7} at University Office Park, as well as the Parking Lot. The purchase price, by contract, was $221,000 for the two lots, and another $100,000 for the 148 spaces.

As we have gotten ready for the closing, we have been told that there is no document showing Security Holdings' title or possessory interest in the 148 spaces, sufficient to secure financing for the $100,000 payment for those spaces. The contract said that the seller was to furnish a warranty deed on the property to be purchased, which specifically included the parking spaces.

Please check with your attorney and let us know whether the condominium association agreement provides for our rights in these spaces, and if it does, send me the provision of that agreement showing our ownership in the parking spaces. If not, please let me know how the seller intends to convey these rights to Security Holdings.

Thanks for your prompt attention to this matter so that we can complete the closing of these last remaining properties under our previous contract.

Sincerely,

Dewi~FO Cc: Ted Smith

Don Kessinger William Alias, Jr .

.?M.? J1\Ci-.:..'>nN AVllNUH WHST • OXfORD .. M.S 38(>.'iS TOI.I. FRl:H: 800/h:\4 4484 I >IRECT: M2/2.l4.0HO FAX: bl/2.lb-7051

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Date Issued March 10, 2005

Contractor Rick Robbins WorkTpye New Construction

OXFORD, MS

Building Permit Commercial PERMIT# B72·05

Sec Township Range Lot

Occupancy Group Business

Sqft. Living Area

Number of Stories 2

Date Expire July 10, 2006 Block Ward Flood Zone Zoning

Exterior Firus Brick

SqFt. Accessory Arca 6200

Foun ation Slab

Work Description New Construction

gleviJ.lioo !::eaJfi!(ntes1 Bedrooms Baths

Use As Real Estate Office

Comments

Plans Checked by

Permit Validated by

Nancy L Davis NOTICE

Valuation of Work $ 480,460.00

Permit Fee

$ 1,712.00 Double Fee?

No Date

Date

03/10/2005

TiilS PERMIT BECOMES NUU, AND VOID IF WORK OR CONSTRUCflON AUIBOR!ZSD IS NOT COMMENCED wmnN 6 MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF I YEJ\R AT ANY TIME AFTER WORK IS COMMENCED.

I HEREBY CERTIFY 11-IAT I HAVE READ AND EXAMINED nus APPUCATION AND KNOWUfE SAME TO BE TRUE AND CORRUCT. ALL PROVISIONS OF LAWS AND ORD CES GOVERING nus TYPE OF WORK WILL BE COMPLIED WITH

··-·-r-·· S HE ElN OR NOT.11tF. GRANTING OF A PF.RMIT DOES NOT -fu~~T~GlVE 0 TO VIOLATE OR CANCEL TIIE PROVISIONS OF •11 ,~l«

SutVcyor

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}ate Issued December 01, 2005

OXFORD.MS

Building Permit Commercial

PERMIT# B465-0S Date Expire June 01, 2006 Mner Sec Township Range Lot Block Ward Flood Z.Onc 7.oning B&D Development 2

100 .n. ____ (.;1ty, o::iunc :ap I ;::,u001V1ston r-~.l'lumua 2086 OLD TAYLOR RD OXFORD, MS 38655 rennant Occupancy Group Extcnor Fu1ish

Business Brick Contractor Sqft Living Arca SqFt. Accessory Area B&D Development 10.000 WorkTpyc Number of Stories Foundation NC Shell Only 2 Slab Work Description ~l~liQn Q;;!lifica1es? Bedrooms Baths New Professional Office Buildin~ Const OWG: No

Use As Bldg un Const: No Length( ft Width(ft) Height( ft) Professional Office Finished Const No {"",, ~:ir;~l t;I: rt~~ t....: ~~~1~·#1~~. Valuation of Work No. of Inspections SUJVCyOr ...... :ii ... ,.,.

t~ ~g~ '!f: ··• .. ·if; '·"·~ " ,jJ. ~ ·lQi}~~ •'j•'ff $ 1,125,000.00 I .,_,.·,~-~},'~h~ ' ~(~ ., ... ...It'! .. ' f:.. Comments ·1·-> • .JI£~~ "'J ~·~~·I ~i~i~

Au~ 03, :zoti6 ---· Date Issued August 03, 2006

er BIRLOU COMPANY

e 1p

OXFORD.MS

Building Permit Commercial

PERMIT# B330-06 Sec Township Range Lot

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Date Expire February 03, 2007 Block Ward Flood Zone Zoning

2094 OLD TAYLOR RD OXFORD, MS 38655 UNIVERSITY OFFI Tennant MAYO MALLETTE

Contractor SqFt. Aca:ssory Area ELLIOTI LUMBER COMPANY

WorkTpye Number of Stories Foundation New Constmction 2 Slab Work Description Elevation Certificates? Bedrooms Baths NEW CONSTRUCTION Const DWG: No ~--:~~~~~~~~~~~~~~~~~~~~---t

Use M. Bldg un Const: No Lcngtb(ft Width(ft) Height(ft) Professional services -Attorney's Finished Const No

Plans Checked by

Permit Validated by

DeeMUrsic _, NOTICE

Valuation of Work $ 842,642.00

Permit Fee

$ 2,455.00 Double Fee?

No Date

Date

08/03/2006

nus PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED JS NOT COMMENCED W11lIIN 6 MONTHS, OR IF CONSTRUCTION OR WORKISSUSPENDEDORABANOONED FOR A PERIOD OF I YEAR AT A:NY TIME

i AFTER WORK IS COMMENCED. \ I HEREBY CERTlFYTHAT I HAVE READ AND EXAMINEDTIUS APPUCATJON '.¥ AND KNOW THE SAME TOBE TRUE AND CORRECT. ALL PROVISIONS OF LAWS i\ AND ORDINANCES GOVERINO nus TYPE OF WORK WILL BE COMPLIED WITH - , WHE1lfER SPECIFIED HERElN OR NOT. TIIE ORANTINO OF A PERMIT DOES NOT ,; PREWME TO GIVE AUTIIORITY TO VIOLATE OR CANCEL TifE PROVISIONS OF

.-h:ANY OTHER ST OR LOCAL LAW REGULATING CONSTRUCTION OR 1lfE ,2 P OP .. MANC OF STRUQID:W-----

SIGNATIJRE OF OWNER (1F OWNER BUILDER) (DATE)

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No. of Inspections Surveyor

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FILEO Sl~TZ O'-" M13S!5:H?PI

' • ... ~. l ·:.iTY Prepared by: Thomas J. Suszek, Es®~5 FEB -9 PH 3= 39 u.~ ... i-ry Cltrl Holcomb Dunbar, P.A. llt~tm ew.tfl. rnssimppi P.O. Drawer 707 c:!i,11:...E:i ( CLERK I ctr1if11 tt.t 1n;irU1+nt

Oxford, MS 38655 , at_ ;~~~~r~ ~ OJ:Sh21f'n Phone: 662-234-Sns BY Ot,; lriurtiit11t moms r:1.1it 1 01 17

Fax: 662·2~8-755~ ~177/~-~~~--- D.C. INDEXING INSTRUCTION: Fraction of the South Half of Section 2t'r~ship 8 South.tit> Range 3 West, Lafayette County, Mississippi.

DECLARATION OF CONDOMINIUM

UNIVERSITY OFFICE PARK

The Commons at Ole M lss, LLC, a Mississippi limited llablllty company, does hereby declare that the property situated and being in Lafayette County, Slate of Mississippi described In the attached Exhibit "A." known as and to be called the "University Office Park" Is hereby affected by the following declaration and recitals.

RECITALS, INTENT AND PURPOSES

WHEREAS, The Commons at Ole Miss, LLC, a Mississrppi limited liability company, ls the owner of the Property, containing, among other things, approximately 6.04 acres of presently unimproved land, all as hereinafter described; and,

WHEREAS, by this Declaration, the said Property is hereby subdivided into eight (8) separate parcels of freehold real property vvhich, in accordance with the provisions horcin contained, shall nevertheless be subjected to the benefrts and burdens or a condominium; and,

WHEREAS, it is contemplated that each Unit shall be Improved with a single, detached, stand-alone office building to be constructed pursuant to common architectural and building guidelines; and,

WHEREAS, a condominium is a method ofownershipwhich provides for a separate tiUe to each unit, which tiUe shall consist of a unit and an undivided interest in and to all of the Property that remains other than the other units; and,

WHEREAS, notwithstanding such separation of title, however, the owner by placing the condominium plan Into effect will own, with others, the Common Elements of the Property, including, without intending to limit the same to such elements thereof, the parking lots, sidewalks, landscaped areas, fences, and related facilities used and controlled in a manner consistent both with the needs and desires of the Unit Owners and other lawful users of the Property; and,

WHEREAS, it is desirable, therefore, that this Declaration provide the basic requirements for such needs and provide for the proper use or the Property, and that within these basic requirements, the Association hereinafter referred to, and its Board of Governors, shall have the right and duty to effect the purposes of the condominium;

DECLARATION:

NOW, THEREFORE, The Commons at Ole Miss, LLC, a Mississippi limited liability company, owner of the Property, hereby declares on behalf of itself, its successors, grantees and assigns, their grantees and their respective heirs, successors and as~igns as well as to any and all persons having, acquiring or seeking to have or acquire any interest of any nature whatsoever in and to any part of the Property, as follows:

The Property from and after the date of the recording orthis Declaration in the Office of the Chancery Clerk In and for Lafayette County, Mississippi, shall be and continue subject to each and all of the terms hereof until this Declaration is terminated or abandoned in accordance with provisions herein elsewhere contained.

I. DEFINITIONS:

As used herein or elsewhere in the Condominium Documents, unless otherwise provided, or unless the context requires other.vise, the following terms shall be defined as in this Article provided.

1. Assessment. That portion of the cost of maintaining, repairing, and managing the Property which Is to be paid by each Unit Owner, which respective portions shall be set as hereinafter provided.

2. Association. "The University Office Park Association,• an unincorporated association, and its successors, the by-laws of which are annexed hereto and made a part hereof as Exhibit "B:

3. Common Elements. All that part of the Property which is not within the eight (8) Units as such Units are shown on the Plat and as defined herein.

4. Common Expenses. The actual and estimated costs of:

(a) Ad valorem taxes and taxes of all kinds which might be lawfully assessed against the Property, lease and/or ground rent charges of all kinds, utilities not other.vise paid by the Unit Owners, insurance, maintenance, operation, repair and replacement of the Common Elements and those parts of the Units, if any, as to which pursuant to other provisions hereof, it is the responsibility of tho Association lo maintain, repair and replace;

(b) Management and administration of the Association, including, without limiting the same to any compensation paid by the Association to a managing agent, accountants, attorneys and other employees;

(c) Any other items held by or in accordance with other Condominium Documents to be Common Expense.

5. Common Surplus. The excess of all receipts of the Association, including, but not limited to, assessments, rents, profits, and revenues on account of the Common Elements, over the amount of Common Expense.

6. Condominium. The Property in the condominium form of ownership, including all Units, Common Elements, and any fixtures or accessions thereto known as University Office Park which is subject to the Condominium Documents.

7. Condominium Documents. This Declaration and the Exhibits annexed hereto as the same from time to time may be amended. Said Exhibits are as follows:

Exhibit A - The Plat of said Condominium containing a legal description of the property subject to this Declaration.

Exhibit 8- By·Laws of the University Office Park Association.

Exhibit C - Rules and Regulations of the Association.

Exhibit D- Deed Form.

Exhibit E - Consent Form.

8. Developer. The Commons at Ole Miss. LLC, a Mississippi limited liability company, is the Developer.

9. Unit. Any one of those parts of the Property which is separately described on

IMtrUlh'M 200SOIJ1S P1~ 3 of 37

the Condominium Plat as "Unit" and assigned a number.

10. Unit Owner. The person or persons holding title to a Unit.

11. Person. Developer and any lndMdual, firm, corporation, trustee, or other entity capable of holding title to real property.

12. Plat. The Plat of the Condominium showing a description of each Unit and a description of the Condominium Property, a copy of which is attached hereto as Exhibit ·A,• with an original to be recorded in the county land records, together with any amendments thereto,

13 Property. The property comprising the Condominium as described in the attached Exhibit "A" and further defined In the Condominium Documents.

14. Share. The portion of Assessments and Common Elements attributed to each Unit. The Shares shall be as follows:

Unit# Square Footage Sharo

1 2000 0.0641025

2 5000 0.1602564

3 2450 0.0785256

4 5000 0.1602564

5 5000 0.1602564

6 3500 0.1121794

7 5000 0.1602564

8 ~ 0.1041666

Total ~

II. COMMON ELEMENTS USE:

The Common Elements shall be used in accordance with and subject to the following provisions:

1. Covenant Against Partition. In order to effectuate the intent hereof and lo preserve the Condominium and the condominium method of ownership, the Common Elements shall remain undivided and no person, irrespective of the nature of his interest in the Common Elements, shall bring any action or proceeding for partition or division of the Common Elements or any part thereof until the tennination of the Declaration in accordance with provisions herein elsewhere contained.

2. Rules and Regulations Promulgated by Association. No person shall use the Common Elements or any part thereof In any manner contrary to or not In accordance with such rules and regulations pertaining thereto as from lime to time may be promulgated by the Association. Without in any manner Intending to limit the generality of the foregoing, the Association shall have the right, but not the obligation, to promulgate rules and regulations limiting the use of the Common Elements to members of the Association and their respective families, guests, invitees and seNants. Such use may be condllioned upon, among other things, the payment by the Unit Owner of such assessment as may be established by the Association for the purpose of defraying costs thereof.

ln::t11111tflt 200S013iS f'~ 4 cf 11

3. Maintenance, repair, management and operation of the Common Elements shall be the responsibility of the Association, but nothing herein contained, however, shall be construed so as to preclude the Association from delegating to persons, firms or corporations of its choice, such duties as may be imposed upon it by the terms of this sub-artlcle II (3) by and through its Board of Governors.

4. Expenses incurred or to be incurred for the maintenance, repair. management and operation of the Common Elements shall be collected from Unit Owners as assessed In accordance with provisions contained elsewhere herein.

5. Subject to tho rules and regulations from time to time pertaining thereto, all Unit Owners may use the Common Elements In such manner as will not restrict, Interfere with, or impede the use thereof by other Unit owners.

6. Alterations and Improvements. The Association shall have tho exclusive right to make or cause to be made such alternations and improvements to the Common Elements which do not prejudice the right of any Unit av.mer unless his written consent has been obtained, provided the making of such alterations and improvements are first approved by the Board of Governors of the Association and all Recorded First Mortgagees of the Unit(s) so prejudiced. The costs of such alterations and improvements shall be assessed as Common Expenses, unless in the judgment of not less than 70% of the Board of Governors, the same are exclusively or substantially exclusively for the benefit of the Unit Owner(s) requesting the same, in which case such requesting Unit Owner(s) shall be assessed therefor in such proportions as they approve jointly, and failing such approval, in such proportions as may be determined by the Board of Governors of the Association.

Ill. MAINTENANCE AND REPAIR OF. UNITS:

1. The Association, at Its expense, shall be responsible for the maintenance, repairs and replacement of:

(a) Every portion of the Property defined as Common Elements, including. but not liml!ed to, all conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services to the Unit, not contained within the Unit.

(b) All incidental damage caused to a Unit by such work as may bo done or caused to be done by the Association In accordance herewith.

2. By the Unit Owner. The responsibility of the Unit Owner shall be as follows:

(a) To maintain, repair, replace at his expense, all portions of the Unit's interior and exterior (Including roofs), and shall Include all of the Unit's plumbing, heating, air conditioning, electrical equipment and all appliances within and serving any such Unit.

(b) To perform these responsibilities in such manner so as not unreasonably to disturb other persons within the bullding.

(c) Not to paint or otherwise decorate or change the appearance of any portion of the exterior of the Unit, unless the written consent of the Association (or such architectural committee as may be formed for such purpose) is obtained,

(d} To promptly report to the Association or its agent any defect or need for repairs, the responsibility for the remedying of which Is with the Association.

(e} Not to make any alterations in the Common Elements or remove any portion thereof or make any additions thereto or do anything which would or might jeopardize or impair the safety or soundness of the same without first obtaining tho written consent of the Board of Governors of the Association and all First Mortgagees of said

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Unlt(s). nor shall any Unit OWtler Impair any easement without first obtaining written consent of the Association and of the Unit Owner(s) for whose benefit such easemenl exists.

3.(a) Nothing herein contained, however, shall be construed so as to impose a contractual liability upon the Association for maintenance, repair and replacement, and the Association's liability shall be limited to damages resulting from negligence.

3.(b) Notwithstanding the Unit Owner's responsibility to maintain his Unit, the Association shall have the right, in its discretion, to cause to be made those repairs and maintenance items to a Unit's building deemed necessary to comply with the provisions of the Condominium Documents (•required repairs•). In such event, the Unit's Owner shall be afforded written notice of no less than 20 days to perform the required repairs: failing such, the Association may have the required repairs performed at the Unit Owner"s expense. Such expense shall be assessed to the Unit Owner and may be enforced like other assessments provided for herein, together with reasonable fines and/or service charges deemed appropriate by the Association.

IV. UNITS SHALL BE CONSTITUTED AS FOLLOWS:

1. Real Property. Each Unit, together with all appurtenances thereto. shall, for all purposes, constitute the Interest of a separate parcel of real property, which may be oWtled and which may be conveyed, transferred and encumbered in the same manner as any other parcel of real property, Independently of all other parts of the Property, subject only to the provisions of this Declaration.

2. Boundaries. Each Unit shall be bounded as shown on the Plat, subject to such encroachments as are contained therein, whether the same exist now or are created by renovation, settlement, movement, or permissible repairs, reconstruction or alterations of the Unit. Inasmuch as each Unit shall consist of a single building, it is expressly provided that the boundaries of each Unit shall be the entire building constructed on the space described as a Unit on the Plat. The Unit shall include the Interior space as well as the exterior surfaces of the building's perimeter walls, the roof, the foundation, and all windows, doors and other exterior features. Attached balconies, porches and stairways shall be considered as part of the Unit to which they are attached.

3. Appurtenances. Each Unit shall include, and the same shall pass with each Unit; as an Inseparable appurtenance thereto, whether or not separately described, conveyed or encumbered, all of the rights, tiUe and interest of a Unit Owner in the property, which shall include but not be limited to:

(a) Common Elements. The Common Elements are owned by the Unit Owners as tenants In common, In proportion to the Shares.

(b) A license to maintain a private passenger automobile at and on a parking space in accordance with the Rules and Regulations of the Association.

(c) A license to maintain within twenty (20) feet of the Unit HVAC and other necessary equipment to seivlce the Unit's building.

(d) Association membership and funds and assets held by the Association for the benefit of the Unit Owner.

(e) All appurtenances shall be, and continue to be, subject to tho easements for the benefit of other Uni!s.

(f) In addition to, and not in derogation of, the ownership of the space described on the Condominium Plat and the building constructed thereon, an exclusive

easement for the use of the space not owned by the Unit Owner and which is occupied by the Unit, which easement shall exist until the ear1ier of such time as this Declaration is tenninated In accordance with provisions herein elsewhere contained. or the Unit is no longer habitable.

(g) The following easements from each Unit Owner to each other Unit Owner and to the Association:

(i) Ingress and Egress. Easements lhrough the Common Elements for ingress and egress for all persons making use of such Common Elements in accordance with the tenns of the Condominium Documents.

(ii) Maintenance, repair, and replacement. Easements through the Unit and Common Elements fo