Chapter 10 — Alcoholic Beverages

Sec. 10-2. Purposes of chapter.

This chapter has been enacted in accordance with a plan designed for the purposes, among others, of promoting the health and general welfare of the community; to establish reasonable and ascertainable standards for the regulation and control of the licensing and sales of alcoholic beverages to protect and preserve schools and churches; to give effect to land use and to preserve certain residential areas, with reasonable considerations, among others, to the character of the areas and their peculiar suitability for particular uses, the congestion in the roads and streets and with a general view of promoting desirable living conditions and sustaining stability of neighborhoods and property values; and to protect against the evils of concentration of the retail outlets for distilled spirits in one family or to prevent undesirable persons from engaging in or having any interest in alcoholic beverage licenses.

Sec. 10-3. Compliance with chapter required.

Sec. 10-4. Jurisdiction.

This chapter shall apply to the corporate limits of the city and outside the city limits in all territory to which the jurisdiction of the city extends. (Code 1977, § 14-2004; Ord. No. 2004-68, § 3, 10-8-04)

Sec. 10-5. [Severability.] If any provision, clause, sentence or paragraph of this chapter, or the application thereof to any person or circumstances, shall be held invalid and unconstitutional, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby declared to be severable. (Code 1977, § 14-2005; Ord. No. 2004-68, § 3, 10-8-04)

Sec. 10-6. Outstanding licenses; compliance assumed.

All licensees holding a valid license for the manufacture or sale of alcoholic beverages issued by the city at the time of the enactment of the ordinance from which this chapter derives shall be deemed to have complied with all requirements as to application and issuance of licenses under this chapter. The licensees shall, however, meet all other requirements as to regulation and control as set forth in this chapter. (Code 1977, § 14-2142; Ord. No. 2004-68, § 3, 10-8-04)

State law reference—Possession, etc., of alcohol by underaged persons, O.C.G.A. § 3-3-23.

Sec. 10-7. Alcohol consumption near package stores.

Sec. 10-8. Drinking in public.

Editor’s note—Ord. No. 2006-66, § 14, provided for an effective date of Jan. 1, 2007.

Sec. 10-9. Disorderly while under the influence.

Sec. 10-10. Furnishing to, purchasing of, or possession by persons under 21 years of age of alcoholic beverages.

State law reference—Possession, etc., of alcohol by underaged persons, O.C.G.A. § 3-3-23.

Sec. 10-11. Amplified sound and entertainment restrictions applicable to establishments licensed for alcohol consumption on the premises.

Sec. 10-12. Persons under specified ages forbidden to enter, remain in or loiter at certain licensed premises.

No person under the age of 21 years shall enter, remain in or loiter on any licensed premises, as herein defined, licensed for the sale of alcoholic beverages by the drink at retail, or sale of alcoholic beverages for consumption on the premises; nor shall any licensee or either such licensed premises, or any person in charge thereof, or on duty while employed by the licensee therein, permit or allow any person under the age specified with respect thereto to remain in or loiter in or about such place.

Provided, however, it is lawful for persons who are 18 years of age or older that provide entertainment to enter and to remain in any licensed premises, but only during and in the course of their employment as entertainers. Provided further, that it is lawful for persons who are 18 years of age or older to sell, serve, possess or dispense alcoholic beverages in the course of their employment in any licensed premises in accordance with O.C.G.A. § 3-3-24(a), or in any other place where alcoholic beverages are lawfully present, so long as such place is the place of employment for such person under 21 years of age.

This section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, breweries, or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises in accordance with O.C.G.A. § 3-3-24(b). However, the foregoing shall not permit the sale or distribution of any alcoholic beverages to any person under the ages specified for sale of alcoholic beverages. (Ord. No. 2001-6, § 1,1-23-01; Ord. No. 2004-68, § 3, 10-8-04; Ord. No. 2007-62(07-0-2135), § 1, 10-22-07; Ord. No. 2010-16(10-0-0466), § 2, 4-27 10)

Sec. 10-10. Furnishing to, purchasing of, or possession by persons under 21 years of age of alcoholic beverages.

Sec. 10-11. Amplified sound and entertainment restrictions applicable to establishments licensed for alcohol consumption on the premises.

Sec. 10-12. Persons under specified ages forbidden to enter, remain in or loiter at certain licensed premises.

Sec. 10-13. Exceptions from restriction on entering or remaining.

Sec. 10-14. Posting signs as to restrictions.

Secs. 10-15—10-30. Reserved.

Article II. Dealers and Manufacturers Division 1. Generally Sec. 10-31. Copies of agreements of persons holding license furnished to police.

Sec. 10-32. Inspection of establishments. Sec. 10-33. Sale of alcoholic beverages by certain nonprofit organizations. Sec. 10-34 Licenses; posting and display. Secs. 10-35—10-45. Reserved.

Division 2. License Sec. 10-46. Sec. 10-47. Sec. 10-48. Sec. 10-49. Sec. 10-50. Sec. 10-51. Sec. 10-52. Sec. 10-53. Sec. 10-54. Sec. 10-55. Sec. 10-56. Sec. 10-57.

Subdivision I. General Provisions Required. Keeping or storing without appropriate license. Application. False information in applications. Minimum age of applicant. Citizenship, residence requirements. Advertisement of intent to engage in business. Tasting rooms of farm wineries. Investigation of application; report. Grounds for nonacceptance of application. Issuance to persons with prior convictions. Grounds for denial.

*State law references—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; Georgia Alcoholic Beverage Code, O.C.G.A. § 3-1-1 et seq.; general powers of municipalities relative to alcoholic beverages, O.C.G.A. §§ 3-3-2, 3-3-7, 3-4-49, 3-4-50, 3-4-80 et seq., 3-5-40 et seq., 3-5-80 et seq., 3-6-40, 3-6-60, 3-7-40 et seq.

Sec. 10-58. Issuance to nonprofit performing arts theaters, museums, zoological parks, botanical gardens, and city park organizations for sale for consumption on premises.

Sec. 10-59. Right of licensee for sale by the drink; separate licenses required for package sales and sales for on-premises consumption.

Sec. 10-60. Annual license fee; refunds. Sec. 10-61. Date for payment of license fees; prorated fees. Sec. 10-62. Supplemental requirements for sale of distilled spirits by the drink for on-premises consumption. Sec. 10-63. Wholesale licensees prohibited from interest in other licenses. Sec. 10-64. Limitation on number of licenses within family. Sec. 10-65. Interest in license by employee of department of police. Sec. 10-66. Public hearing on application; approval by mayor. Sec. 10-67. Time limit for obtaining license after approval of application. Sec. 10-68. Completion of proposed licensed premises. Sec. 10-69. Time limit for commencement of business in licensed establish-ment; forfeiture for nonuse. Sec. 10-70. License prohibited for package sales in connection with designated establishments. Sec. 10-71. Display of name of licensee and license number. Sec. 10-72. Clear view of entrance and interior of licensed premises;

lighting; sale to public by private clubs. Sec. 10-73. Revocation of other licenses. Sec. 10-74. Size limitations on the sales of malt beverages by the package. Sec. 10-75. Applications after change in ownership or recent annexation;

temporary license authorized; conditions of issuance. Sec. 10-76. Indoor air certificate of exemption. Secs. 10-77—10-85. Reserved.

Subdivision II. Location Restrictions Sec. 10-86. Issuance of license limited to designated areas. Sec. 10-87. Issuance of license prohibited at locations permitted as shooting galleries. Sec. 10-88. Distances of establishments from residences, schools, churches, libraries, hospitals and other public places. Sec. 10-88.1. Package stores. Sec. 10-89. Additional distance requirements for adult entertainment establishments. Sec. 10-90. Exemption of hotels, motels or motor inns from distance require-ments in certain areas. Sec. 10-91. Exemption for certain malt beverage or wine licenses. Sec. 10-92. Exemption for consumption on the premises and package sale of malt beverages or wine in certain area. Sec. 10-93. Exemptions for the sale of alcoholic beverages by the package. Sec. 10-93.1. Exemptions for the sale of alcoholic beverages by the package in certain retail commercial areas on Peachtree Road. Sec. 10-94. Certain areas exempt from distance restrictions for sale for consumption on premises. Sec. 10-95. Exemption for expansion of preexisting location. Secs. 10-96—10-105. Reserved.

Subdivision III. Renewal, Revocation and Transfer Sec. 10-106. Annual renewal; forms. Sec. 10-107. License constitutes grant or privilege. Sec. 10-108. Return of fee for revocation. Sec. 10-109. Procedures. Sec. 10-109.1. Penalties for "due cause" findings by the license review board and penalties imposed by the mayor.

Supp. No. 91 Sec. 10-110. Automatic revocation of city license upon revocation of state license.

Sec. 10-111. Removal of signs after revocation. Sec. 10-112. Restrictions upon transfers. Sec. 10-113. Application for new license at existing licensed location. Sec. 10-114. Active participation in licensed premises by licensee; transfer of right to operate. Sec. 10-115. Annual forensic audit. Secs. 10-116—10-125. Reserved.

Division 3. Special Permits Sec. 10-126. Temporary permit for special events. Sec. 10-126.1. Reserved. Sec. 10-126.2. Traveling companies providing public entertainment. Sec. 10-127. Temporary permit for nonprofit civic organizations. Sec. 10-128. Approved outdoor festivals. Sec. 10-129. Wine tastings. Sec. 10-130. Home-brew special events. Secs. 10-131—10-140. Reserved.

Division 4. Excise Taxes Subdivision I. General Provisions Sec. 10-141. [Reporting of food sales required.] Secs. 10-142—10-150. Reserved.

Subdivision II. Malt Beverages Sec. 10-151. Levy; report of sales; payment of tax. Sec. 10-152. Tax in addition to other fees and taxes. Sec. 10-153. Penalties for late reporting and payment. Secs. 10-154—10-165. Reserved.

Subdivision III. Wines and Distilled Spirits Sec. 10-166. Levy. Sec. 10-167. Payment of tax; records; report of sales. Sec. 10-168. Failure to make returns. Sec. 10-169. Penalty for violation. Secs. 10-170—10-180. Reserved.

Subdivision IV. Sale of Distilled Spirits by the Drink Sec. 10-181. Definitions. Sec. 10-182. Administration. Sec. 10-183. Violations. Sec. 10-184. Levy. Sec. 10-185. Adding to sales price. Sec. 10-186. Sale of distilled spirits itemized separately. Sec. 10-187. Due date of taxes. Sec. 10-188. Return. Sec. 10-189. Deficiency determinations. Sec. 10-190. Determination if no return made. Sec. 10-191. Penalties and interest for failure to pay. Sec. 10-192. Collection of unpaid tax. Secs. 10-193—10-205. Reserved.

Sec. 10-206.

Sec. 10-207. Sec. 10-208. Sec. 10-209. Sec. 10-210. Sec. 10-211. Sec. 10-212. Sec. 10-213. Sec. 10-214.

Sec. 10-215. Sec. 10-216. Sec. 10-217. Sec. 10-218. Sec. 10-219.

Sec. 10-220. Sec. 10-221.

Sec. 10-222. Sec. 10-223. Sec. 10-224.

Sec. 10-225. Sec. 10-226. Sec. 10-227. Sec. 10-228.

Division 5. Operational Rules Fingerprinting of employees at adult entertainment establishment selling alcoholic beverages. Employment of persons with prior convictions. Entertainment by underage persons. Hours of operation. Sale on election days. Special entertainment districts. Sale or delivery beyond the licensed premises. Posting signs at package stores. Additional rules for nonprofit performing arts theaters, museums and botanical gardens. Sanitation; unlawful conduct; fire prevention. Misrepresentation of alcoholic beverages. Advertisement of malt beverages or wine. Exterior advertisements of distilled spirits. Purchase price of drinks credited against admission or cover charge. Employees mingling with customers on licensed premises. Coin-operated devices and amusement machines on licensed premises where packaged distilled spirits sold. Underage persons on licensed premises. Nondiscrimination in admission or service. Discrimination in admission fees or membership fees; notice of admission charges or membership fees. Proof of age. Certain promotions prohibited. Dress codes. Conduct of employees, entertainers and other persons in certain establishments.

Sec. 10-13. Exceptions from restriction on entering or remaining.

It shall not be unlawful for, nor shall section 10-12 be construed to restrict, any person under the age of 21 years from entering or being:

Sec. 10-14. Posting signs as to restrictions.

Every licensee herein referred to shall keep a sign conspicuously posted over or near each entrance to any place from which persons under 21 years are herein restricted giving public notice of such fact. The wording and size of such signs shall be in accordance with such regulations as the chief of police may prescribe. (Ord. No. 2001-6, § 3, 1-23-01; Ord. No. 2004-68, § 3, 10-8-04)

Secs. 10-15—10-30. Reserved.

ARTICLE II. DEALERS AND MANUFACTURERS* DIVISION 1. GENERALLY

Sec. 10-31. Copies of agreements of persons holding license furnished to police.

All agreements between and among any persons or stockholders of corporations or partners of partnerships holding a license to sell or dispense any alcoholic beverages by the bottle or by the drink and which agreements reflect or control ownership, division of profits, sharing of revenues of any kind, including payment of rents, or which agreements reflect any other arrangements in connection with ownership, rents, profit sharing or income application of use shall be in writing, and copies of all these agreements shall upon request be furnished to the department of police. (Code 1977, § 14-2006)

Sec. 10-32. Inspection of establishments.

Sec. 10-33. Sale of alcoholic beverages by certain nonprofit organizations.

An applicant may be issued a license for the sale of alcoholic beverages for consumption on *Cross reference—Businesses, ch. 30.

the premises owned or chosen by any nonprofit corporation within the city conducting events upon meeting all the following requirements:

Beginning at the intersection of North Avenue and Marietta Street; thence east on North Avenue to Piedmont Avenue; thence south on Piedmont Avenue to Pine Street; thence east on Pine Street to Bedford Place; thence south on Bedford Place to Baker Street; thence west on Baker Street to Piedmont Avenue; thence south on Piedmont Avenue to Capitol Avenue to Memorial Drive; thence west on Memorial Drive to Peachtree Street to Spring Street; thence north on Spring Street to Marietta Street; thence north on Marietta Street to North Avenue.

Sec. 10-34 Licenses; posting and display.

Secs. 10-35—10-45. Reserved.

DIVISION 2. LICENSE* Subdivision I. General Provisions

Sec. 10-46. Required.

No alcoholic beverages shall be manufactured, imported, brokered, sold to wholesalers or other importers or brokers, sold at wholesale or retail in the original package or by the drink nor shall any tasting room be operated except under a license granted by the mayor as provided in this division. No licensee shall be authorized to *State law reference—General authority relative to alcoholic beverage licensing, O.C.G.A. § 3-3-2.

operate a business until the license required in this section has been paid for by money order, certified check, electronic payment method, or cashier's check, and delivered to the licensee by the proper city official. Where there is a pending application for a new licensee or a change of ownership on a prior existing licensed premises, the authority of the prior licensee to operate the business shall be extended for a maximum period of 30 days beyond the termination date of the prior license. (Code 1977, § 14-2031; Ord. No. 1999-48, § 2, 6-15-99; Ord. No. 2004-61, § 1, 9-28-04; Ord. No. 2014-17(14-O-1232), § 3, 5-28-14; Ord. No. 202130(21-O-0290), § 1, 6-16-21)

Sec. 10-47. Keeping or storing without appropriate license.

It shall be unlawful for any person operating a place licensed for the sale of malt beverages or wine or both to store or have therein any distilled spirits without an appropriate license therefor. (Code 1977, § 14-2127)

Sec. 10-48. Application.

The application shall be afforded the opportunity to appear before the NPU within 60 days from the date the applicant receives the notice to appear from the DCP. The date of the notice to appear shall not be included in the 60-day calculation. A copy of the notice to appear shall be forwarded by DCP to the NPU designee along with a copy of section 1 of the application and a blank NPU report form. The applicant and the NPU may mutually agree to hold the hearing outside the above-described 60-day time period. Should the NPU fail to hold the hearing for the applicant within the above described 60-day time period or on the date mutually agreed to by the applicant and the NPU, the form upon which the NPU provides its recommendation and comments shall indicate "no recommendation" by the NPU and shall immediately be executed and forwarded by the NPU to the DCP as set forth in section 10-48(f)(5) upon the expiration of the above described 60-day time period or the date for the applicant's hearing mutually agreed to by the applicant and NPU.

Sec. 10-49. False information in applications.

Any material omission, untrue or misleading information contained in or left out of an original, renewal or transfer application for a license under this division shall be cause for the denial thereof, and if any license has previously been granted, these circumstances shall constitute cause for revocation. (Code 1977, § 14-2086)

Sec. 10-50. Minimum age of applicant.

No application for any license under this division shall be granted unless the agent/ licensee has attained the age of 21 years. (Code 1977, § 14-2046; Ord. No. 2004-62, § 1, 9-28-04)

Sec. 10-51. Citizenship, residence requirements.

Sec. 10-52. Advertisement of intent to engage in business.

Sec. 10-53. Tasting rooms of farm wineries.

No tasting room shall be operated except under a license granted by the mayor as provided in this section. The applicant for a tasting room license must be a farm winery and must meet all legal requirements contained in this chapter for the sale of wine by the package and for the sale of wine by the drink. Individual patrons of tasting rooms may be given or sold samples of up to seven different wines for consumption, but may not be given or sold in excess of five ounces of wine in any one two-hour period. A tasting room license shall allow the license holder to sell wine by the package and to give or sell wine samples at one location. No other license shall be required for the tasting room location pursuant to this chapter. Tasting room licensees are subject to all laws, rules and regulations of the state and are subject to revocation for violation thereof. (Code 1977, § 14-2060)

Sec. 10-54. Investigation of application; report.

All applications for licenses required by this division shall be investigated and not acted upon by the license review board until 20 days after the filing thereof. After the expiration of 20 days the license review board shall report its recommendations to the mayor. (Code 1977, § 14-2034)

Sec. 10-55. Grounds for nonacceptance of application.

No application for a license for the sale of alcoholic beverages shall be accepted by the department of police or considered by the license review board if the person applying has had a license to conduct a similar type business denied or revoked by the mayor within the immediately preceding 24 months for any reason other than location disqualification.

For purposes of this section the 24 month period as stated in this section shall be tolled during any period of time that an appeal is pending of said denial or revocation, or any period of time that by operation of law the city cannot enforce said denial or revocation, or any period of time during which there is in place a valid, voluntary agreement between the city and the entity denied a license or whose license has been revoked to not enforce the mayor's decision pending the outcome of litigation in any way involving said denial or revocation. (Code 1977, § 14-2053; Ord. No. 1997-25, § 3, 5-8-97; Ord. No. 2003-106, § 2, 11-24-03)

Sec. 10-56. Issuance to persons with prior convictions.

No original license for the sale of alcoholic beverages shall be issued to any person, partnership or corporation for pecuniary gain if any individual having an interest, either as owner, partner or principal stockholder, directly or indirectly beneficial or absolute, or the individual's spouse shall have been convicted or shall have taken a plea of nolo contendere, within ten years immediately prior to the filing of the application, for any felony or misdemeanor of any state or of the United States or any municipal ordinance, except traffic violations. The term "conviction" includes an adjudication of guilt or a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime; if the violation is for a misdemeanor, forfeiture of bond, municipal ordinance or if there is a plea of nolo contendere, the license review board may, after investigation, waive that disqualification. (Code 1977, § 14-2037; Ord. No. 2014-17(14-O1232), § 5, 5-28-14)

Sec. 10-57. Grounds for denial.

In addition to all other grounds for denial, no application for any license under this division shall be granted if the application or the evidence on a hearing before the license review board shows:

Sec. 10-58. Issuance to nonprofit performing arts theaters, museums, zoological parks, botanical gardens, and city park organizations for sale for consumption on premises.

Sec. 10-59. Right of licensee for sale by the drink; separate licenses required for package sales and sales for on-premises consumption.

Sec. 10-60. Annual license fee; refunds.

Fees Effective Beginning in the Year 2010

$2,250.00 2,000.00

2,500.00

2,500.00

2,500.00

Plus an amount equal to one percent of the gross sales of the previous year in excess of $200,000.00, not to exceed a maximum license fee of $5,000.00 per annum.

3,750.00 $5,000.00 2,000.00 2,500.00 2,500.00 $5,000.00 5,000.00 5,000.00 4,500.00

$5,000.00 5,000.00 2,500.00 2,250.00 Additional licenses shall be required for each leased location located within a licensed premises, such as the Sweet Auburn Curb Market located at 209 Edgewood Avenue. In no event, however, shall there be no more than four additional facilities licenses at any location licensed for off premises consumption. Provided further, however, that the entire licensed location shall derive less than five percent of its gross receipts from the sale of alcoholic beverages.

State law reference—Restrictions on license fees, O.C.G.A. §§ 3-4-50, 3-5-43.

Sec. 10-61. Date for payment of license fees; prorated fees.

All annual license fees under this division shall be paid in advance by money order, certified check, electronic payment method, or cashier's check with submission of the renewal application on or before January 1 of each year. Any person granted a new license under this division during a calendar year shall pay the full license fee without proration by money order, certified check, electronic payment method, or cashier's check with submission of the application for a new license, except that the fee for a new license granted after June 30 in any calendar year shall be 50 percent of the annual license fees for the remainder of that calendar year. (Code 1977, § 14-2055; Ord. No. 2004-61, § 2, 9-28-04; Ord. No. 2021-30(21-O-0290), § 3, 6-1621)

Sec. 10-62. Supplemental requirements for sale of distilled spirits by the drink for on-premises consumption.

No license for the sale of distilled spirits by the drink shall issue to any applicant who does not meet the requirements of a restaurant, hotel, private club, lounge, nightclub, convention center, bar, brewpub, nonprofit performing arts theater, nonprofit museum, nonprofit zoological park, nonprofit botanical garden, auditorium, sports coliseum, suite hotel, open air café, government center, tasting room, sidewalk café, continuing education center, courtyard market or outdoor market. (Code 1977, § 14-2056; Ord. No. 2001-88, § 5, 11-28-01; Ord. No. 2005-56, § 2, 9-27-05; Ord. No. 2010-27(10-O-0780), § 3, 6-16-10; Ord. No. 2014-17(14-O-1232), § 8, 5-28-14; Ord. No. 201518(15-O-1158), § 6, 5-13-15; Ord. No. 2017-25(17O-1194), § 7, 5-15-17)

Sec. 10-63. Wholesale licensees prohibited from interest in other licenses.

No person who has any direct financial interest in a license for the sale of alcoholic beverages at wholesale shall hold any other license under this chapter. (Code 1977, § 14-2131)

Sec. 10-64. Limitation on number of licenses within family.

Sec. 10-65. Interest in license by employee of department of police.

It shall be unlawful for any full-time employee of the department of police or the employee's spouse or minor children to have any whole, partial or beneficial interest, as defined in section 10-64, in any license to sell alcoholic beverages in the city. (Code 1977, § 14-2048; Ord. No. 2014-17(14-O1232), § 9, 5-28-14)

Sec. 10-66. Public hearing on application; approval by mayor.

Upon review of the license review board's recommendation and/or the record created during the license review board hearing, if the mayor determines there exists the need to correct a clear error or prevent a manifest injustice, the mayor may remand the application back to the license review board for further hearing. Additionally, where the mayor determines by reason of previously granted license that the application is for a location which may not comply with 10-88.1(a), the mayor shall remand the license application back to the license review board for further hearing on whether the proposed licensed location complies with 10-88.1(a). In remanding the application back to the license review board, the mayor shall provide written instructions to the license review board and the license and permit unit of the city's police department identifying specific issues and/or matters the mayor requires the license review board to conduct further hearing upon. An alcoholic beverage license applicant shall be provided with a fiveday written notice stating the specific issues and/or matters to be addressed on remand, along with the place, date and time of the remand hearing. All applications remanded to the license review board shall be scheduled for further hearing before the license review board no later than 30 days after the date of remand.

If the mayor does not make a decision to grant or deny an application within the 60 calendar days provided, and does not choose to remand the application to the license review board, the application shall be approved or denied wherein the recommendation of the license review board shall become the final decision of the mayor. A decision by the mayor to deny an application may be appealed via Certiorari to the Superior Court of Fulton County.

Upon review of the license review board's recommendation and/or the record created during the license review board hearing, if the mayor determines there exists the need to correct a clear error or prevent a manifest injustice, the mayor may remand the application back to the license review board for further hearing. In remanding the application back to the license review board, the mayor shall provide written instructions to the license review board and the license and permit unit of the city's police department identifying specific issues and/or matters the mayor requires the license review board to conduct further hearing upon. An alcoholic beverage license applicant shall be provided with a five-day written notice stating the specific issues and/or matters to be addressed on remand, along with the place, date and time of the remand hearing. All applications remanded to the license review board shall be scheduled for further hearing before the license review board no later than 30 days after the date of remand. If the mayor does not make a decision to grant or deny an application within the 14 calendar days provided, and does not choose to remand the application to the license review board, the application shall be approved or denied wherein the recommendation of the license review board shall become the final decision of the mayor. A decision by the mayor to deny an application made in accordance with sections to 10-126 or 10-127 may be appealed via Certiorari to the Superior Court of Fulton County.

Sec. 10-67. Time limit for obtaining license after approval of application.

Once a license application has been approved by the mayor, the license shall be issued within 30 days. (Code 1977, § 14-2050; Ord. No. 2004-61, § 3, 9-28-04)

Sec. 10-68. Completion of proposed licensed premises.

If a building in which a retailer of alcoholic beverages intends to operate under this article is, at the time of the application for a license, not in existence or not yet completed, a license may be issued for the location, provided the plans for the proposed building show clearly a compliance with the other sections of this article. No sales or consumption shall be allowed in the establish-ment until it has been completed in accordance with the plans and is in conformity with all the other sections of this article. (Code 1977, § 14-2052; Ord. No. 2014-17(14-O1232), § 10, 5-28-14)

Sec. 10-69. Time limit for commencement of business in licensed establishment; forfeiture for nonuse.

Sec. 10-70. License prohibited for package sales in connection with designated establishments.

No retail license for the sale of distilled spirits by the package shall be allowed in or in connection with any restaurant, cafe or eating place or in the same room where a bar is maintained for the dispensing and sale of malt beverages and wine by the drink. (Code 1977, § 14-2058)

Sec. 10-71. Display of name of licensee and license number.

Each licensee for the sale of alcoholic beverages by the package at retail under this division shall have printed on the front window of the licensed premises the name of the licensee, together with the inscription, "City Retail License No.

," in uniform letters not less than four inches in height. However, if a licensee so desires, the licensee may have the licensee's name displayed on the inside of the window in neon or other electric lights. The sign shall be parallel with the window and shall not extend more than six inches from the window. A neon sign may also be constructed along the borderline or edge of the front window inside the glass.

Sec. 10-72. Clear view of entrance and interior of licensed premises; lighting; sale to public by private clubs.

Sec. 10-73. Revocation of other licenses.

Whenever the city shall revoke a licensee's license to sell alcoholic beverages all other city licenses issued to such licensee to sell alcoholic beverages shall thereupon be subject to revocation. Said licensee shall thereupon be entitled to the same hearing procedures as set forth in section 10-109(c). The license review board shall conduct the hearings and report its conclusions and recommendations to the mayor. The mayor, upon receiving the report, may revoke the licenses. (Ord. No. 2001-60, § 2, 8-13-01; Ord. No. 201417(14-O-1232), § 11, 5-28-14)

Sec. 10-74. Size limitations on the sales of malt beverages by the package.

Editor’s note—Section 10-74 shall apply to all new licenses issued pursuant to chapter 10 by the city after the enactment of this section, as well as to all licenses that are renewed for the calendar year 2002 and subsequent years pursuant to chapter 10.

Sec. 10-75. Applications after change in ownership or recent annexation; temporary license authorized; conditions of issuance.

Sec. 10-76. Indoor air certificate of exemption.

Pursuant to chapter 86, article II, section 86-33 of the City of Atlanta Code, certain establishments authorized for sale or service of alcohol for consumption on the premises are exempt from the prohibition of smoking contained therein as follows:

Secs. 10-77—10-85. Reserved.

Subdivision II. Location Restrictions*

Sec. 10-86. Issuance of license limited to designated areas.

*State law reference—Location restrictions, O.C.G.A. § 3-3-21.

Sec. 10-87. Issuance of license prohibited at locations permitted as shooting galleries.

No license for the sale of alcoholic beverages within the City of Atlanta shall be issued for any location for which a permit to operate a shooting gallery has been issued by the city. (Ord. No. 2016-09(16-O-1135), 1, 4-27-16)

Sec. 10-88. Distances of establishments from residences, schools, churches, libraries, hospitals and other public places.

Sec. 10-88.1. Package stores.

Any other package store seeking to obtain a license in a shopping center or mixeduse development, as defined above, in which a package store other than a retail grocery supermarket or pharmacy is located shall adhere to the 1,500 feet distance requirement between package stores as set forth above. Distance requirements contained in this chapter between all other package stores shall remain in effect.

Pursuant to this provision, any package store seeking to obtain a license to sell either beer, wine, and/or distilled spirits in either a shopping center or mixed use development, as such terms are defined above, in which is already located a retail grocery supermarket or pharmacy which is licensed to sell alcoholic beverages by the package, and also in which Is already located any other store which is licensed to sell alcoholic beverages by the package shall be required to meet the 1,500 feet distance requirement set forth above as to each of these existing stores. However, this provision shall not affect any locations within either an existing shopping center or mixed-use development for which a valid license to sell alcoholic beverages was in effect on the date this section became effective.

In order to be exempt from the 1,500 feet distance requirement between package stores, as set forth in 10-88.1(a)(3) above, an applicant for a license to sell alcoholic beverages by the package which sells beer and/or wine, but not distilled spirits, is required to file with the police department a sworn statement stating that the applicant shall sell no more than 72 ounces of malt beverages and shall sell no more than 51 ounces of wine within a single transaction during the original term of the license. This statement shall accompany the original application for a license to sell alcoholic beverages by the package.

In order to maintain exempt status from the 1,500 feet distance requirement between package stores, as set forth in 10-88.1(a)(3) above, when renewing a license to sell alcoholic beverages by the package which sells beer and/or wine, but not distilled spirits, the applicant must file an updated sworn statement stating that the renewal applicant shall sell no more than 72 ounces of malt beverages and shall sell no more than 51 ounces of wine within a single transaction during the term of the renewed license. This statement shall accompany the renewal application for a license to sell alcoholic beverages by the package. The failure of an applicant for renewal to provide the police department with an updated sworn statement stating that the renewal applicant shall sell no more than 72 ounces of malt beverages and shall sell no more than 51 ounces of wine within a single transaction during the term of the renewed license, shall result in the denial of a renewed license.

The sale of more than 72 ounces of malt beverages and/or more than 51 ounces of wine within a single transaction at any package store exempt from the 1,500 feet distance requirement between package stores, as set forth in 10-88.1(a)(3) above, shall be considered due cause to deny, suspend, revoke, or refuse to renew any license issued by the city pursuant to this chapter.

The distance in subsection (b)(1)—(7), notwithstanding the definition of distance contained in section 10-1, shall be measured in a straight line from the closest point of the property line of the site proposed to be occupied by the package store to the closest property line of any use identified above.

Package stores that derive less than five percent of their gross receipts from the sale of alcoholic beverages shall be exempt from the distance requirements set forth in subsection (b)(1)—(7) above.

In order to be exempt from the distance requirements set forth in subsection (b)(1)—(7) above, an applicant for a license to sell alcoholic beverages by the package which is not a wine specialty shop or a City Food Market, is required to file with the police department a sworn statement stating that it is the applicant's belief that the subject package store will derive less than five percent of the package store's gross receipts from the sale of alcoholic beverages. This statement shall accompany the original application for a license to sell alcoholic beverages by the package.

In order to obtain exempt status when renewing a license to sell alcoholic beverages by the package, the applicant for renewal must provide the police department with a statement from a certified public accountant that proves that during the preceding year, the package store did in fact derive less than five percent of its gross receipts from the sale of alcoholic beverages. For the purposes of this section, revenue derived from the sale of lottery tickets or related games of chance shall not be calculated when determining gross receipts.

The failure of an applicant for renewal to provide the police department with a statement from a certified public accountant evidencing that the package store derived less than the percentage established by ordinance of gross receipts from the sale of alcoholic beverages, shall result in the denial of a renewed license.

The distance in subsection (e)(2)—(7), notwithstanding the definition of distance contained in section 10-1, shall be measured in a straight line from the closest point of the property line of the site proposed to be occupied by the wine specialty shop package store to the closest property line of any use identified above.

Editor’s note—Sections 4 and 5 of Ord. No. 1998-77, approved on October 27, 1998, read as follows: "All renewal licenses to sell alcoholic beverages by the package for the year 1998 shall be subject to the usual annual license fees set forth in the Code of Ordinances. All licenses to sell alcoholic beverages by the package issued by the City for the year 1998 shall expire on December 31, 1998 and shall be subject to existing renewal requirements."

Sec. 10-89. Additional distance requirements for adult entertainment establishments.

Adult entertainment establishment means establishment as defined in section 16-29.001(3)(e) and also includes any establishment which has nude or seminude dancing or striptease performances, whether these occur regularly or occasionally.

Distance, notwithstanding the definition contained in section 10-1, shall be measured by straight line from the property line of the adult establishment premises to the nearest property line of the property which is used as a private residence or other uses listed in this section.

Private residence, in addition to the language contained in section 10-1, also includes apartment or condominium buildings housing more than four families.

Sec. 10-90. Exemption of hotels, motels or motor inns from distance requirements in certain areas.

Beginning at an iron pin found located at the intersection of the southern right-ofway line of 5th Street (60 foot right-ofway) and the western right-of-way line of Spring Street (60 foot right-of-way); thence leaving in the southern right-of-way of 5th Street, run along the western rightof-way of Spring Street South 00° 43' 29" West a distance of 293.42 feet to an iron pin set; thence leaving the western rightof-way line of Spring Street, run the following six courses and distances: (1) North 88° 47' 33" West a distance of 243.71 feet to an iron pin set; (2) North 01° 12' 27" East a distance of 139.83 feet to an iron pin set; (3) North 77° 24' 54" East a distance of 57.57 feet to an iron pin set; (4) North 01° 12' 27" East a distance of 35.41 feet to an iron pin set; (5) North 88° 47' 33" West a distance of 69.32 feet to an iron pin set; and (6) North 01° 12' 27" East a distance of 95.67 feet to a point located on the southern right-of-way line of 5th Street; thence along the southern right-of-way line of 5th Street, run the following two courses and distances: (1) South 88 degrees 21 minutes 54 seconds East a distance of 164.63 feet to an iron pin found; and (2) South 88° 47' 33" East a distance of 90.11 feet to an iron pin found located on the western right-of-way line of Spring Street, said iron pin found being the point of beginning.

ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 148 of the 17th District, City of Atlanta, Fulton County, Georgia, lying at and below elevation 876.59 feet above "MSL" (which term means Mean Sea Level as determined by reference to the most current published datum by the U.S. Coast and Geodetic Service for Atlanta, Georgia, as of the date hereof), and being contained within the area formed by the boundary lines more particularly described as follows:

COMMENCE at Monument BFC 04 lying at State Plane Coordinates Northing 1,378,194.1172 and Easting 2,223,416.8937, NAD 83 Georgia West Zone; said monument also described as being located at the intersection of the easterly right-of-way line of Northside Drive (variable right-of-way width) and the southerly right-of-way line of the Norfolk Southern Railroad (variable right-of-way width); thence run North 71°18'26"

East, a distance of 2,856.89 feet to a point on the easterly right-of-way line of State Street (100' width private roadway), said point being the TRUE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, thence leave the easterly right-of-way line of State Street and run South 89°16'54" East, a distance of 124.42 feet to a point; thence run South 00°51'03"

West, a distance of 46.78 feet to a point;

thence run South 00°51'03" West, a distance of 27.88 feet to a point; thence run South 00°37'28" West, a distance of 92.72 feet to a point; thence run South 00°01'22" East, a distance of 2.19 feet to a point; thence run South 00°01'22" East, a distance of 12.02 feet to a point; thence run South 00°40'28" West, a distance of 70.21 feet to a point; thence run South 00°54'21" West, a distance of 11.78 feet to a point; thence run North 89°16'54"

West, a distance of 124.60 feet to a point on the easterly right-of-way line of State Street; thence run along and coincident with the easterly right-of-way line of State Street North 00°43'05" East, a distance of 263.58 feet to a point at the intersection of the southerly right-of-way line of 17th Street, said point being the TRUE POINT OF BEGINNING.

Said tract containing 0.753 acres (32,797 square feet).

Sec. 10-91. Exemption for certain malt beverage or wine licenses.

Beginning at the intersection of Piedmont Avenue and Baker Street; running thence westerly along Baker Street to its intersection with Spring Street; running thence in a southerly and southwesterly direction along Spring Street to its intersection with Hunter Street; running thence in a southeasterly direction along Hunter Street to Piedmont Avenue; running thence in a northeasterly and northerly direction along Piedmont Avenue to its intersection with Baker Street.

Sec. 10-92. Exemption for consumption on the premises and package sale of malt beverages or wine in certain area.

Beginning at a point on the west right-of-way line of the Louisville and Nashville Railroad at a point where the railroad right-of-way line intersects the northernmost line of land lot 144, 14th district, Fulton County, thence running easterly along the north line of land lots 144, 113, 112, 81, 80, 49 and the 17th district of Fulton County to the intersection of the north line of land lot 17 with the east right-ofway line of Southern Railway; running thence generally south along the east right-of-way line of the Southern Railway to its intersection with the south line of the Georgia Railroad right-of-way; running thence generally west along the south line of the Georgia Railroad right-of-way to its intersection with the east line of Boulevard, S.E.; running thence generally south along the east line of Boulevard, S.E., to the intersection of Boulevard, S.E. and the centerline of Interstate 20 (east expressway); running thence west along the centerline of I-20, to its intersection with the east line of Fraser Street projected over 1-20; running thence south along the east line of Fraser Street to its intersection with the south line of Georgia Avenue; running thence west along the south line of Georgia Avenue to its intersection with the west line of Pryor Street; thence running north along the west line of Pryor Street to its intersection with the centerline of 1-20; running thence generally west along the centerline of I-20 to its intersection with the west right-of-way line of the Louisville and Nashville Railroad; running thence northerly along the west right-of-way line of the Louisville and Nashville Railroad back to the point of beginning.

BEGINNING AT a hole in concrete found on the eastern right-of-way of Lakeview Avenue (50 foot r/w), said hole being located North 00 degrees 05 minutes 19 seconds East, 82.91 feet from the intersection of the northern right-of-way of Ponce de Leon Avenue (90 foot r/w) and the eastern right-of-way of Lakeview Avenue if said right-of-ways were extended to meet at an angle instead of a curve; thence along the eastern right-of-way of Lakeview Avenue, run North 00 degrees 05 minutes 19 seconds East, 633.16 feet to a point at the northerly terminus of Lakeview Avenue; thence North 89 degrees 51 minutes 18 seconds West, 50.18 feet to an open top pipe found on the northerly right-of-way of St. Charles Avenue (50 foot r-o-w); thence continuing along said right-of-way, run North 89 degrees 51 minutes 18 seconds West, 101.83 feet to a point on the eastern line of Proposed Right-of-Way Dedication Tract; thence leaving said right-ofway, and with the eastern line of said Proposed Tract, run North 00 degrees 40 minutes 31 seconds East, 455.36 feet to a point at the intersection of said Proposed Tract with the southern right-of-way of Greenwood Avenue (60 foot r/w); thence crossing Greenwood Avenue, North 00 degrees 33 minutes 28 seconds East, 60.02 feet to a point on the northern right-ofway of Greenwood Avenue; thence along the northern right-of-way of Greenwood Avenue, South 89 degrees 45 minutes 00 seconds West, 49.99 feet to a 1" open top pipe set; thence leaving said right-of-way, North 00 degrees 39 minutes 09 seconds East, 389.72 feet to a V2" rebar found; thence South 88 degrees 54 minutes 38 seconds East, 498.09 feet to a V2" rebar found on the western right of Southern Railway System (100 foot r/w); thence along said right-of-way, run the following three (3) courses and distances: along a curve to the right, an arc distance of 312.30 feet, said curve having a radius of 2570.74 feet and being subtended by a chord of 312.11 feet, at South 14 degrees 47 minutes 28 seconds East, to a hole in concrete found; South 10 degrees 21 minutes 16 seconds East, 309.44 feet to a point; South 11 degrees 20 minutes 11 seconds East, 719.86 feet to a 1" open top pipe set at the northeast corner of property now or formerly owned by Ronald J. Lazarus and Scott G. Ardolino, Deed Book 13490, Page 268; thence leaving said rightof-way, and with the line of Lazarus and Ardolino, North 86 degrees 52 minutes 35 seconds West, 57.32 feet to a PK nail set; thence South 75 degrees 53 minutes 08 seconds West, 76.59 feet to a PK nail set; thence South 01 degrees 28 minutes 07 seconds West, 233.66 feet to a V2" rebar found; thence along a curve to the left, an arc distance of 59.05 feet, said curve having a radius of 101.33 feet and being subtended by a chord of 58.21 feet, at South 17 degrees 11 minutes 14 seconds East, to a V2" rebar found; Thence North 89 degrees 28 minutes 16 seconds West, 10.77 feet to a point; Thence South 89 degrees 09 minutes 39 seconds West, 35.41 feet to a point; Thence North 78 degrees 49 minutes 43 seconds West, 4.58 feet to a point; Thence North 00 degrees 31 minutes 44 seconds East, 14.15 feet to a point; Thence North 89 degrees 28 minutes 16 seconds West, 42.19 feet to a point; Thence South 05 degrees 04 minutes 16 seconds West, 26.18 feet to a point; Thence North 84 degrees 55 minutes 44 seconds West, 21.90 feet to a point; thence South 05 degrees 04 minutes 16 seconds West, 9.99 feet to a point on the northern right-ofway of Ponce De Leon Avenue (90 foot r/w); thence along said right-of-way run the following three (3) courses and distances: North 84 degrees 55 minutes 23 seconds West, 194.34 feet to a point; North 87 degrees 26 minutes 09 seconds West, 90.80 feet to a hole in concrete found; thence run along a curve to the right, an arc distance of 40.29 feet, said curve hav ing a radius of 38.99 feet and being subtended by a chord of 38.52 feet, at North 57 degrees 39 minutes 10 seconds West, to a V2" rebar found on a curve joining the intersection of said northern right-of-way and the eastern right-of-way of Lakeview Avenue; thence run North 28 05 minutes 27 seconds West, 52.07 feet to a 12" rebar found on the eastern right-ofway of Lakeview Avenue; thence with said right-of-way, along a curve to the right, an arc distance of 19.93 feet, said curve having a radius of 40.40 feet and being subtended by a chord of 19.73 feet; at North 14 degrees 01 minutes 26 seconds West, to a hole in concrete found and the POINT OF BEGINNING.

BEGINNING at a point marked by an iron pin set located on the northerly rightof-way line of Sidney Marcus Boulevard (formerly known as Marion Road, having a variable right-of-way width), said point being located at the southeastern most and of miter which forms the intersection of the northerly right-of-way line of Sidney Marcus Boulevard with the easterly right-of-way line of Piedmont Road (having a variable right-of-way width), said miter being delineated by a line running from the easterly right-of-way line of Piedmont Road South 27°26'41" East a distance of 39.30 feet to a point on the northerly right-of-way line of Sidney Marcus Boulevard:

RUNNING THENCE North 89°42'18" East along the northerly right-of-way line of Sidney Marcus Boulevard a distance of 135.24 feet to a point marked by an iron pin set:

RUNNING THENCE South 06°16'58" West a distance of 8.90 feet to a point marked by a right-of-way monument on the aforesaid right-of-way line of Sidney Marcus Boulevard:

RUNNING THENCE North 89°42'03" East a distance of 143.37 feet to a point marked by an iron pin set on the aforesaid rightof-way:

RUNNING THENCE North 03°30'37" East for a distance of 10.48 feet to a point marked by a nail on the aforesaid rightof-way line of Sidney Marcus Boulevard:

RUNNING THENCE South 86°29'23" East for a distance of 59.51 feet to a point marked by a nail set on the aforesaid right-of-way:

RUNNING THENCE North 89°42'03" East of distance of403.10 feet to a point marked by an iron pin found on the aforesaid right-of-way:

RUNNING THENCE North 00°00'00" East (or due North) a distance of 809.49 feet to a point marked by an iron pin found:

RUNNING THENCE North 30°39' 15" West for a distance of 140.75 feet to a point marked by an iron pin found:

RUNNING THENCE 89°29'42" West for a distance of 123.06 feet to a point marked by an iron pin found:

RUNNING THENCE North 39°36'30" West for a distance of 38.70 feet to a point marked by an iron pin set located on the southerly right-of-way line of Miami Circle (50-foot right-of-way):

RUNNING THENCE along a curve to the right formed by the southerly right-ofway line of Miami Circle a distance of 73.36 feet to a point marked by an iron set (said curve having a chord line running south 79°23' 17" West a distance of 73.13 feet and having a radius of 197.07 feet):

RUNNING THENCE North 80055’08" West for a distance of 282.69 feet to a point marked by an iron pin set on the aforesaid right-of-way:

RUNNING THENCE along a curve to the left formed by said right-of-way line a distance of 69.91 feet to a point marked by an iron pin found on the (said curve having a chord line running south 68032’44" West a distance of 68.28 and having a radius of 93.00 feet):

RUNNING THENCE South of 47000’85" West for a distance of 122.66 feet to a point marked by a nail set on aforesaid right-of-way, said point also being on the easterly right-of-way line of Piedmont Road:

RUNNING THENCE South 02014’41" West for a distance of 367.88 feet to a point marked by an iron pin found on aforesaid right-of-way line of Piedmont Road:

RUNNING THENCE South 5057’42" East for a distance of 95.98 feet to a point marked by a nail set on aforesaid rightof-way:

RUNNING THENCE South 02014’41" West for a distance of 175.00 feet to a point marked by an iron pin on aforesaid rightof-way:

RUNNING THENCE South 15°19'05" West for a distance of 60.57 feet to a point marked by a nail set on aforesaid rightof-way:

RUNNING THENCE South 02014’41" West for a distance of 108.00 feet to a point marked by a concrete monument found on aforesaid right-of-way:

RUNNING THENCE South 27026’41" East for a distance of 39.30 feet to the POINT OF BEGINNING

ALL THAT TRACT OR PARCEL OF LAND, SITUATED, LYING AND BEING IN THE CITY OF ATLANTA, LAND LOT 43 of the 14th District of Fulton County, Georgia, being more particularly described as follows:

TO FIND THE TRUE POINT OF BEGIN NING, Commence at a reference nail set at the intersection of a line located 30 feet easterly of the centerline of County Line Road (said right-of-way being 60 feet in width) and a line located 40 feet northerly of the centerline of Campbellton Road (said right-of-way being 80 feet in width), run thence north 00 degrees 03 minutes, 54 seconds west a distance of 30.42 feet to a point located on the easterly right-ofway of County Line Road, and the true point of beginning.

FROM THE TRUE POINT OF BEGIN NING, as thus established, run thence along the easterly right-of-way of County Line Road north 00 degrees 03 minutes, 54 seconds west a distance of 126.70 feet to an iron pin placed; thence departing said right-of-way run north 81 degrees 27 minutes, 27 seconds east a distance of 170.07 feet to an iron pin placed, run thence south 00 degrees 13 minutes 19 seconds west a distance of 150.07 feet to a nail set on the northerly right-of-way of Campbellton road; run thence in a westerly direction along said right-of-way and following an arc to the left a distance of 41.03 feet to a point (said are having a radius of 919.23 feet and being subtended by a chord bearing south 80 degrees 02 minutes 49 seconds west a distance of 41.02 feet); continue thence along said right-of-way south 78 degrees, 46 minutes, 06 seconds west a distance of 99.08 feet to a point; continue thence along said right-of-way and following an arc to the right a distance of 44.14 feet to a point (said are having a radius of 25.00 feet and being subtended by a chord bearing north 50 degrees 38 minutes 54 seconds west a distance of 38.63 feet) and the true point of BEGINNING.

SAID PROPERTY containing 0.5852 acres and being designated as Tract "B" and shown on that certain plat of survey enti-tled, "Boundary Survey for Lansky Partnership and First Georgia Community Bank," dated April 30, 2001 (Revised March 28, 2003, and last revised April 11, 2003), prepared by P.J.K. Engineers and Surveyors, Inc., and recorded in Plat Book 240, Page 107, Fulton County, Georgia records, said Plat and its descriptive data are incorporated herein by reference to same.

Commencing at a mag nail set at the intersection of the easterly right-of-way of metropolitan boulevard (having a variable width right-of-way) and the northwesterly right-of-way of wells street (having a variable width right-of-way), said mag nail being the true point of beginning.

Thence leaving said right-of-way of wells street and continuing along said right-ofway of metropolitan boulevard north 01 degrees 04 minutes 45 seconds east a distance of 300.96 feet to a mag nail set; thence leaving said right-of-way north 73 degrees 38 minutes 07 seconds east a distance of 80.51 feet to a mag nail set; thence south 15 degrees 44 minutes 14 seconds east a distance of 260.96 feet to a 5/8-inch capped rebar set on the northwesterly right-of-way of wells street; thence continuing along said right-ofway of wells street south 64 degrees 46 minutes 23 seconds west a distance of 169.90 feet to a mag nail set at the intersection of said right-of-way of wells street with the easterly right-of-way of metropolitan boulevard, said mag nail being the true point of beginning.

Beginning at a point on the Southerly edge of the right-of-way of Memorial Drive (varying right-of-way width), said point being located 95.00 feet West, as measured along the Southerly edge of the right-of-way of Memorial Drive, from the point formed by the intersection of the Southerly edge the right-of-way of Memorial Drive with the Westerly edge of the right-of-way of Cherokee Avenue (varying right-of-way widths); running thence from the true point or place of beginning so established South 00 degrees 55 minutes 04 seconds West a distance of 88.29 feet to a point; running thence North 88 degrees 55 minutes 36 seconds West a distance of 104.85 feet to a point; running thence South 01 degree 14 minutes 52 seconds West a distance of 14.00 feet to a point; running thence North 87 degrees 37 minutes 49 seconds West a distance of 199.50 feet to a point located on the Easterly edge of the right-of way of Oakland Avenue (50-foot right-ofway width); running thence North 00 degrees 17 minutes 37 seconds East along the Easterly edge of the right-of-way of Oakland Avenue, a distance of 40.23 feet to an iron pin found; running thence South 87 degrees 32 minutes 40 seconds East a distance of 135.00 feet to a point; running thence North 00 degrees 22 minutes 01 second East a distance of 61.20 feet to a point located on the Southerly edge of the right-of-way of Memorial Drive; running thence South 88 degrees 46 minutes 32 seconds East along the Southerly edge of the right-ofway of Memorial Drive a distance of 170.44 feet to a point which is the true point or place of beginning.

All that tract or parcel of land lying and being in the City of Atlanta, in Land Lot 49 of the 14th District of Fulton County, Georgia, and more particularly described as follows:

Beginning at an iron pipe on the northerly side of Ponce de Leon Avenue, at a point seventy and sixty-five hundredths (70.65) feet westerly from the Northwest corner of Ponce de Leon and Piedmont Avenues (said beginning point being at the Southwest corner of the property now owned by Frances Walter Arnold) and running thence North along the West line of the property now owned by the said Frances Walter Arnold two hundred nine and ninety-eight hundredths (209.98) feet to an iron pipe; thence West along a line parallel with third Street ninety (90) feet to an iron pipe; thence South two hundred twenty-two and eighty-one hundredths (222.81) feet to the northerly side of Ponce de Leon Avenue; thence in an easterly direction along the northerly side of Ponce de Leon Avenue ninety and eighty hundredths (90.80) feet to the point of beginning.

All that tract or parcel of land, lying and being in the City of Atlanta, in Land Lot 49 of the 14th District of Fulton County, Georgia, and more particularly described as follows:

Beginning at the Northwest corner of Ponce de Leon Avenue and Piedmont Avenue, and running thence North along the West side of Piedmont Avenue two hundred (200) feet to an iron pipe (which point is ninety-six and seven-tenths (96.7) feet South from the Southwest corner of Piedmont Avenue and Third Street); thence West seventy (70) feet to an iron pipe at the Northeast corner of the property owned by Milton Dargan, Jr. and Helen Dargan Lampkin; thence South along the East line of the property now owned by the said Milton Dargan, Jr. and Helen Dargan Lampkin; two hundred nine and ninety-eight hundredths (209.98) feet to an iron pipe on the northerly side of Ponce de Leon Avenue; thence in a northeasterly direction along the northerly side of Ponce de Leon Avenue seventy and sixty-five hundredths (70.65) feet to the point of beginning.

Less and Except those portions of subject property which lie within the bounds of Ponce de Leon Avenue and Piedmont Road.

All that tract or parcel of land lying and being in Land Lot 49 of the 14th District, City of Atlanta, Fulton County, Georgia, and being more particularly described as follows:

Beginning at a point located at the intersection of the northerly Right-ofway line of Ponce de Leon Avenue (U.S. Highway 29-78-278) having a Variable Right-of-way and the westerly Right-ofway line of Piedmont Avenue having a Variable Right-of-way; thence along the northerly Right-of-way line of Ponce de Leon Avenue South 87 Degrees 37 Minutes 45 Seconds West, 161.45 feet to a point; thence leaving the northerly Right-ofway line of Ponce de Leon Avenue North 05 Degrees 37 Minutes 00 Seconds East, 222.81 feet to a point; thence South 84 Degrees 15 Minutes 00 Seconds East, 160.00 feet to a point on the westerly Right-of-way line of Piedmont Avenue; thence along the westerly Right-of-way line of Piedmont Avenue South 05 Degrees 39 Minutes 00 Seconds West, 200.00 feet to The Point of Beginning, containing 0.78 Acres, as per survey prepared by Harkleroad and Associates, Donald W. Harkleroad, surveyor, RLS 1578, dated July 14, 2008, last revised March 12, 2009.

All that tract or parcel of land lying and being in The City of Atlanta in Land Lot 21 of the 14th District, Fulton County, Georgia, being delineated as parcel 1 as per plat recorded in Plat Book 157, Page 14, Fulton County, Georgia records, which recorded plat is incorporated herein by this reference and made a part of this description. Said property being known as 560-568 Boulevard Avenue according to the present system of numbering property in Fulton County, Georgia.

Beginning at the building corner at the intersection of the southerly right-of-way of Lake Avenue (50 foot right-of-way) and the easterly right-of-way of Krog Street (40 foot right-of-way); running thence, along said Lake Avenue right-of-way the following. Calls: S 89°06'12" E a distance of 110.09 feet to an iron pin found; S 88°47'41" E a distance of 40.88 to a rebar set; S 89°03'35" E a distance of 142.80 feet to a rebar set at the intersection of said southerly right-of-way of Lake Avenue and the westerly right-of-way of Waddell Street (44 foot right-of-way); thence, along said right-of-way of Waddell Street S 06°42'39" W a distance of 127.79 feet to a point; thence, continuing along said rightof-way of Waddell Street with a curve turning to the left with an arc length of 105.95 feet, with a radius of 2,392.20 feet, with a chord bearing of S 05°26'31" W, with a chord length of 105.94 feet to a rebar set; thence, leaving said right-ofway OP Waddell Street N 89°43'40" W a distance of 145.01 feet to a rebar set; thence S 02°50'16" W a distance of 157.78 feet to a rebar set; thence S 85°49'28" E a distance of 13.00 feet to a rebar set; thence S 05°52'51" E a distance of 185.00 feet to a rebar set; thence S 83°30'00" W a distance of 23.00 feet to a rebar set; thence S 12°36'45" E a distance of 102.14 feet to a rebar set; thence S 83°58'03" W a distance of 139.02 feet to an iron pin found on aforesaid easterly right-of-way of Krog Street; thence, along said rightof-way of Krog Street N 06°44'06" W a distance of 168.13 feet to a point; thence, continuing along said right-of-way of Krog Street with a curve turning to the right with an arc length of 125.41 feet, with a radius of 1,809 feet, with a chord bearing of N 04°44'59" W, with a chord length of 125.38 feet to a point; thence, continuing along said right-of-way of Krog Street with a compound curve turning to the right with an arc length of 285.31 feet, with a radius of 1,825.13 feet, with a chord bearing of N 01°09'02" E, with a chord length of 285.02 feet to a point; thence, continuing along said right-ofway of Krog Street N 07°19'35" E a distance of 120.16 feet to the point of beginning:

Said tract or parcel of land, being designated as Tract No. III and Tract No. IV, containing 134,638 square feet or 3.090 acres as shown on ALTA/ACSM land title survey prepared for Krog Owner, LLC, Nxt Capital, LLC, lender and agent, its successors and assigns, Specialized Title Services, Inc., and Commonwealth Land Title Insurance Company as prepared on 02/13/2012 by Survey Systems & Assoc., Inc., last revised 10/22/12.

Beginning at a pk nail set at the intersection of the southerly right-of-way line of Edgewood Avenue and the eastern rightof-way line of Peachtree Street and thence run along said southerly right-of-way of Edgewood Avenue North 89 degrees 48 minutes 53 seconds East a distance of 166.30 feet to a pk nail found; Thence leaving said right-of-way and run South 32 degrees 51 minutes 18 seconds West a distance of 127.01 feet to a brass disk found on the northern right-of-way line of Decatur Street; Thence run along said northern right-of-way line North 56 degrees 59 minutes 10 seconds West a distance of 139.35 feet to a pk nail set at the intersection of said right-of-way with the eastern right-of-way line of Peachtree Street; Thence run along Peachtree Street North 32 degrees 45 minutes 47 seconds East a distance of 35.95 feet to a pk nail set and the Point of Beginning.

All that tract or parcel of land lying or being in land Lots 14, and 19 of the 14th Land District, City of Atlanta, Fulton County, Georgia, and being more particularly described as follows: Beginning at an iron pin found (one-half inch rebar) at the intersection of the southerly right-of-way line of North Highland Avenue (having a 50-foot wide right-ofway) and the land lot line common to said land Lots 14 and 19, said point being the point of beginning; thence from the point of beginning as thus established, departing said land lot line common to land Lots 14 and 19 and along the said southerly right-of-way line of North Highland Avenue north 56 degrees 34 minutes 25 seconds east a distance of 298.50 feet to an iron pin found (one-half inch rebar) on the westerly right-of-way line of Elizabeth Street (having a 50-foot wide right-of-way); thence departing the said southerly right-of-way line of North Highland Avenue and along the said westerly right-of-way line of Elizabeth Street south 03 degrees 38 minutes 41 seconds east a distance of 431.10 feet to a nail found in asphalt on the northerly right-of-way line of Lake Avenue (having a 60-foot wide right-of-way); thence departing the said westerly right-of-way line of Elizabeth Street and along the said northerly right-of-way line of Lake Avenue the following two courses and distances: along a curve to the left having a radius of 1,014.19 feet, an arc length of 185.27 feet, being subtended by a chord bearing of south 47 degrees 04 minutes 40 seconds west and a chord distance of 185.01 feet to a point; thence south 39 degrees 05 minutes 04 seconds west a distance of 98.69 feet to an iron pin found (one-half inch rebar); thence departing the said northerly right-of-way line of Lake Avenue north 45 degrees 38 minutes 13 seconds west a distance of 110.88 feet to an iron pin found (one-half inch rebar) on the said land lot line common to land lots 14 and 19; thence along the said land lot line common to land Lots 14 and 19 north 00 degrees 03 minutes 51 seconds east a distance of 75.95 feet to an iron pin found (one-half inch rebar); thence departing the said land lot line common to land Lots 14 and 19 north 89 degrees 55 minutes 51 seconds west a distance of 62.19 feet to an iron pin found (bent one-half inch rebar); thence north 00 degrees 03 minutes 51 seconds east a distance of 120.00 feet to an iron pin found (one-half inch rebar); thence south 89 degrees 56 minutes 12 seconds east a distance of 8.80 feet to a point; thence along a curve to the left having a radius of 4.50 feet, an arc length of 9.70 feet, being subtended by a chord bearing of north 28 degrees 17 minutes 33 seconds east and a chord distance of 7.93 feet to a point; thence north 56 degrees 31 minutes 53 seconds east a distance of 12.06 feet to an iron pin found (one-half inch rebar); thence north 33 degrees 28 minutes 42 seconds west a distance of 73.32 feet to a nail found in concrete; thence north 33 degrees 28 minutes 07 seconds west a distance of 55.90 feet to a nail found in concrete on the said southerly right-ofway line of North Highland Avenue; thence along the said southerly right-of-way line of North Highland Avenue north 56 degrees 31 minutes 53 seconds east a distance of 133.14 feet to a the point of beginning.

Said tract or parcel of land contains 3.309 acres (being 144,143 square feet), also being all of Tract 1 and Tract 2 combined.

All that tract or parcel of land lying and being in the City of Atlanta, Land Lot #7 of the 14th District, Fulton County, Georgia, and being more particularly described as follows:

Beginning at the corner formed by the intersection of the westerly right-of-way line of Boulevard (having an 80-foot rightof-way) the northerly right-of-way line of Forrest Avenue (having a 60-foot rightof-way; running thence north 85°02'10" west a distance of 135.00 feet to an iron pin set; running thence north 04°49' 07" east a distance of 69.00 feet to a nail and cap found; running thence south 87°20'53" east a distance of 2.28 feet to a 1/2-inch rebar found; running thence north 05°10'14" east a distance of 49.99 feet to a 1;2-inch rebar found; running thence 85°34'22" west a distance of 67.22 feet to a one-inch crimp top pipe found along the easterly right-of-way line of a 20-foot alley; running thence north 50°29'00" east along the easterly right-of-way line along said 20-foot alley a distance of 258.80 feet to a one-inch crimp top pipe found on the southerly right-of-way line of Wabash Avenue (having a 40-foot rightof-way); running thence south 86°18'54" east along the southerly right-of-way line of Wabash Avenue a distance of 48.19 feet to a 1/2-inch rebar found; running thence south 03°59'11" west a distance of 60.13 feet to a 1/2-inch rebar found; running thence south 85°48'15" east a distance of 149.56 feet to a 1/2-inch rebar found on the westerly right-of-way line of Boulevard; running thence south 05°01'48" west along the westerly right-of-way line Boulevard a distance of 220.20 feet to an iron pip set at the POINT OF BEGINNING; and being a tract of land containing 0.89 acres with a one-story brick, block and frame convenience store and gasoline filling station located thereon; according to a plat survey prepared for Boulevard C-Store, Inc. and The Citizens Banks by Solar Land Surveying Company, certified by Walter K. Maupin, Je., Georgia Registered Land Surveyor No. 2399, dated March 1, 1993; and being known as 354 and 356 Boulevard, according to the present system of numbering of streets and roads in the City of Atlanta, Fulton County, Georgia.

All that tract or parcel of land lying and being in Land Lot 17 of the 14th Land District, City of Atlanta, Fulton County, Georgia, said tract or parcel of land being more fully shown and designated on a plat of survey prepared by Valentino & Associates, Inc. (Job #11-016; Drawing/ File #11-016), dated 7/6/2011, bearing the seal of Glenn A. Valentino, Ga. Registered Land Surveyor #2528, and being more particularly described as follows:

BEGINNING at a 1/2" iron pin set at the intersection of the southerly right-of-way line of Ponce De Leon Avenue (AKA U.S. Highway #29, 78, 278 and State Route #8; public r/w varies) and the easterly right-of-way line of Glen Iris Drive (50' public r/w);

THENCE proceeding along said southerly right-of-way line of Ponce De Leon Avenue the following courses and distances:

South 82 degrees 20 minutes 02 seconds East (Grid bearing, Ga. West Zone, typical) for a distance of 54.82 feet to a 1/2" iron pin set;

THENCE South 86 degrees 38 minutes 16 seconds East for a distance of 125.17 feet to a PK (masonry) nail set;

THENCE South 86 degrees 01 minute 05 seconds East for a distance of 210.21 feet to a 1/2" iron pin set;

THENCE South 85 degrees 17 minutes 40 seconds East for a distance of 155.79 feet to a 1/2" iron pin set;

THENCE South 86 degrees 06 minutes 16 seconds East for a distance of 104.43 feet to a PK nail set;

THENCE South 58 degrees 07 minutes 33 seconds East for a distance of 26.32 feet to a PK nail set;

THENCE South 86 degrees 05 minutes 26 seconds East for a distance of 120.29 feet to a PK nail set;

THENCE along a curve to the left having a radius of 448.47 feet for an arc distance of 65.67 feet (said arc being subtended by a chord of North 89 degrees 42 minutes 45 seconds East for a distance of 65.62 feet) to a 1/2" iron pin set;

THENCE departing said southerly rightof-way line of Ponce De Leon Avenue South 11 degrees 22 minutes 16 seconds East for a distance of 442.75 feet to a 1/2" iron pin set;

THENCE along a curve to the left having a radius of 2,863.72 feet for an arc distance of 288.64 feet (said arc being subtended by a chord of South 17 degrees 01 minute 28 seconds East for a distance of 288.52 feet) to a computed point on the northerly right-of-way line of North Avenue (public r/w varies; said computed point being witnessed by a 1/2" rebar with cap found 0.09 feet northwest thereof);

THENCE proceeding along said northerly right-of-way line of North Avenue North 89 degrees 38 minutes 48 seconds West for a distance of 1,038.92 feet to a 1/2" iron pin set at the intersection of said northerly right-of-way line of North Avenue and the easterly right-of-way line of Glen Iris Drive;

THENCE proceeding along said easterly right-of-way line of Glen Iris Drive North 00 degrees 47 minutes 36 seconds East for a distance of 774.50 feet to a 1/2" iron pin set at the intersection of the easterly right-of-way line of Glen Iris Drive and the southerly right-of-way line of Ponce De Leon Avenue, said 1/2" iron pin set being the POINT OF BEGINNING.

Said tract or parcel of land contains 15.912 acres or 693,107 square feet.

Exhibit "A"

Legal Description of 655 Cleveland Avenue Atlanta, GA 30315 Legal Description:

Parcel 10223/655 Cleveland Avenue All that tract or parcel of land lying and being in Land Lot 101 of the 14th District, Fulton County, Georgia; and being more particularly described as follows:

Beginning at a point marked by an aluminum disk in concrete found at the southeastern most point of the mitered intersection of the northern margin of the right-of-way of Cleveland Avenue (right-of-way width varies) and the eastern margin of the right-of-way of Interstate 85 (right-of-way varies); thence along said mitered intersection North 56 degrees 16 minutes 09 seconds West a distance of 48.72 feet to an aluminum disk in concrete found on the eastern margin of the rightof-way of Interstate 85; thence along said eastern margin of right-of-way of Interstate 85; thence North 05 degrees 28 minutes 57 seconds East a distance of 93.38 feet to an aluminum disk in concrete found; thence North 89 degrees 59 minutes 50 seconds East a distance of 198.50 feet to a 1/2-inch rebar set; thence South 00 degrees 24 minutes 24 seconds East a distance of 112.02 feet to a P-K nail set; thence South 90 degrees 00 minutes 00 seconds East a distance of 34.00 feet to a P-K nail set; thence South 00 degrees 00 minutes 00 seconds East a distance of 8.00 feet to a 1/2-inch rebar found on the northern margin of the right-of-way of Cleveland Avenue; thence along said northern margin of the right-of-way of Cleveland Avenue North 90 degrees 00 minutes 00 seconds west a distance of 201.70 feet to an aluminum disk in concrete found and the point of beginning; said tract contains 0.5568 acres of land, more or less, and is described according to that certain boundary and above ground "as-built" survey for Amerada Hess Corporation and Lawyers Title Insurance Corporation, prepared by Pearson & Associates, Inc., Mark A. Buckner, Georgia Registered Land Surveyor, Number 2422, dated June 18, 1996, last revised June 26, 1996, which plat of survey is incorporated herein by this reference and made a part of this description.

Exhibit "A"

Legal Description All that tract or parcel of land lying and being in Land Lot 65 of the 14th F.F. District, Fulton County, Georgia, within the City of Atlanta, and being more particularly described as follows:

Beginning at a 5/8" rebar with cap at the intersection of the northerly right-of-way of Campbellton Road (80 foot right-ofway) and the westerly right-of-way of County Line Road (50 foot right-of-way); thence along the northerly right-of-way of Campbellton Road (80 foot right of way) South 69 degrees 59 minutes 00 seconds West a distance of 150.00 feet to a PK nail and washer; thence leaving said right-of-way along the lands of Osman North 00 degrees 01 minutes 04 seconds West a distance of 200.00 feet to a 1/2" rebar; thence along the lands of Ideal Development Corporation North 69 degrees 59 minutes 51 seconds East a distance of 150.10 feet to a 5/8" rebar with cap on the westerly right-of-way of County Line Road (50 foot right of way); thence along said right-of-way South 00 degrees 00 minutes 48 seconds West a distance of 200.00 feet to a 5/8" rebar with cap; said point being the POINT OF BEGINNING.

Said tract or parcel containing 28,199 square feet or 0.65 acres.

As shown on that certain survey prepared by C. Travis McDonald, GRLS No. 3111 of Armstrong Land Surveying, Inc., dated October 13, 2011 for Singh is King, Inc., Embassy National Bank and Chicago Title Insurance Company.

All that tract or parcel of land lying and being in Land Lot 44 of the 14th District, City of Atlanta, Fulton County, Georgia and being more particularly described as follows:

BEGINNING at an iron pin set being the intersection of the southerly Right-ofway of Memorial Drive (55' R/W) and the easterly Right-of-way of Loomis Avenue (50' R/W), from point thus established and running along said Right-of-way of Memorial Drive South 88° 32' 13" East a distance of 348.05 feet to an iron pin set on the westerly side of an alley; thence South 88° 53' 06" East a distance of 9.17 feet to a 1" rod found on the easterly side of said alley; thence South 88° 53' 06" East a distance of 95.14 feet to an iron pin set; thence South 00° 48' 56" West a distance of 8.80 feet to an iron pin set; thence South 89° 11' 04" East a distance of 4.66 feet to an iron pin set on the westerly Right-of-way of Park Avenue (70' R/W); thence along said Right-of-way of Park Avenue the following courses: South 01° 03' 21" West a distance of 121.48 feet to a " rod found; thence South 01° 03' 21" West a distance of 48.50 feet to a 1" open top pipe found;

" thence South 01° 03' 21" West a distance of 47.14 feet to a " rebar found; thence South 01° 03' 21" West a distance of 6.48 feet to a point; thence leaving said Rightof-way and running North 88° 58' 58" West a distance of 39.63 feet to a point; thence South 01° 01' 12" West a distance of 6.47 feet to a point on the southerly side of the aforementioned alley; thence leaving said alley and running South 01° 01' 12" West a distance of 149.85 feet to an iron pin set on Woodward Avenue (50' R/W); thence along said Right-of-way North 88° 58' 28" West a distance of 417.90 feet to a point; thence North 01° 06' 39" East a distance of 391.52 feet to the TRUE POINT OF BEGINNING.

All that certain PIEE, parcel or lot of land lying and being in land Lot 49 of the 14th District Fulton County, the City of Atlanta, Georgia and being more fully shown and designated on boundary and topographic survey for wood partners, dated 09/15/03 last revised 01/21/04 prepared by Highland Engineering, Inc. and having the following metes and bounds to wit.

BEGINNING at a point at the intersection of the southern right-of-way of peachtree street (having a right-of-way of 30') with the Western right-of-way of peachtree street (having a right-of-way of 60') at a # P.K. Nail found, the point of beginning (P.O.B.);

THENCE turning and continuing along the Western right-of-way of Peachtree Street (60' RIW) South 04 degrees 37 minutes 52 seconds West (S04°37'52"W) a distance of 198.20' TO A '/,'' open top pipe found; thence turning and leaving said right-of-way and continuing North 84 DEGREES 46 minutes 38 seconds West (N84°46'38"W) a distance of 399.08' to a #4 rebar found on the Eastern right-of-way of Cypress Street (30' RIW); thence turning and continuing along said right-of-way North 04 degrees 47 minutes 54 seconds East (N04°47'54"F) a distance of 197.34' TO A P.K. Nail set on the Southern right-of-way of Seventh Street; thence turning and continuing along said right-of-way South 84 degrees 54 minutes 03 seconds East (S84°54'03"E) a distance of 398.50' to the point-of beginning and containing 1.81 acres (78,866 SQ. FT.).

All that tract or parcel of land lying and being in land lot 62 of the 17th district of atlanta, fulton county, georgia, and being more particularly described as follows:

To find the true point of beginning, commence at the point of intersection of the southeasterly right-of-way line of Buckhead Loop, a/k/a Lenox Road (variable right-of-way) with the northeasterly rightor-way line of Piedmont Road (variable right-of-way); continuing thence along said right-of-way line of Buckhead Loop, a/k/a Lenox Road, the following courses and distances; North 02° 00' 52" East 32.00 feet to a point; North 27° 32' 30" East 56.50 feet to a point; North 31° 59' 10" East 166.30 feet to a point; North 30° 59' 51" East 33.18 feet to a point; North 40° 48' 06" East 18.90 feet to a point; north 54° 14' 50" East 51.59 feet to a point; and North 40° 49' 37" East 233.83 feet to a 5/8" rebar and the true point of beginning. from said true point of beginning thus established, thence leaving said right-of-way line and running South 61° 45' 53" East 737.66 feet to an iron pin found; thence running North 45° 48' 47" East 100.44 feet to a point; thence running North 45° 51' 09" East 198.03 feet to a one-inch open top pipe; thence running north 45° 51' 21" East 199.79 feet to a point located on the southwesterly rightof-way line of Georgia 400 (variable rightof-way); thence running along said rightof-way line of Georgia 400 the following courses and distances; North 09° 17' 21" West 50.68 feet to a point; in a northwesterly direction along the arc of a circular curve to the right, said arc being subtended by a 249.06 foot chord bearing north 25° 24' 07'' West, an arc distance of 249.11 feet to a point; North 23° 22' 01" West 186.63 feet to a point; North 23° 22' 01" West 90.00 feet to a point; and North 60° 39' 39" West 133.74 feet to the point of intersection of said right-of-way line with the southeasterly right-of-way line of Buckhead Loop, a/k/a Lenox Road; thence running along said right-of-way line of Buckhead Loop, a/k/a Lenox Road the following courses and distances; in a southwesterly direction along the arc of a circular curve to the left, said arc being subtended by a 55.35 foot chord bearing South 77° 25' 16" West, an arc distance of 55.78 feet to a point; in a southwesterly direction along the arc of a circular curve to the left, said arc being subtended by a 25.29 foot chord bearing South 64° 18' 19" West, an arc distance of 25.29 feet to a point; in a southwesterly direction along the arc of a circular curve to the left, said arc being subtended by a 345.65 foot chord bearing South 52° 08' 32" West, an arc distance of 347.92 feet to a point; South 41° 36' 17" west 428.17 feet to a point; and South 40° 41' 12" West 49.13 feet to the true point of beginning.

Together with easement rights granted pursuant to cross easement agreement among Charles S. Ackerman, Ackerman & Co. and the First National Bank of Boston, dated October 13, 1989, recorded in deed book 12864, page 190, office of the clerk of the superior court, fulton county, Georgia, as modified by first amendment to cross easement agreement by and between Charles S. Ackerman, Brasstown Development Corp. and the First National Bank of Boston, dated January 7, 1993, recorded in deed book 16232, page 1, aforesaid records.

Together with easement rights granted pursuant to easement and shared facilities agreement by and between Capital City Plaza Associates and Buckhead Station, L.L.C., dated September 13, 1995, and recorded in deed book 19997, page 8, aforesaid records.

Together with easement rights granted pursuant to easement agreement for access and utilities by and among Regent Peachtree Holdings, Inc., Regent Tower Holdings, Inc., and Buckhead Station, L.L.C., dated september 13, 1995, and recorded in deed book 19997, page 43, aforesaid records.

Together with easement rights granted pursuant to easement and operating agreement by and between Buckhead Station, L.L.C. and Dominion Blt, L.P., dated september 13, 1995, and recorded in deed book 19997. page 124, aforesaid records.

All that tract or parcel of land lying and being in land lot 62 of the 17th district of Fulton County, Georgia. land being more particularly described as follows:

To find the true point of beginning, commence at the point of intersection of the southeasterly right-of-way line OF Buckhead Loop, a/k/a Lenox Road (variable right-of-way) with the northeasterly rightof-way line of Piedmont Road (variable right-of-way); continuing thence along said right-of-way line of Buckhead Loop, a/k/a Lenox Road, the following courses and distances; north 02° 00' 52" East 32.00 feet to a point; north 27° 32' 30" East, 56.50 feet to a point; North 31° 59' 10" East 166.30 feet to a point; North 30° 59' 51" East 33.18 feet to a point; North 40° 48' 06" East 18.90 feet to a point; North 54° 14' 50" East 51.59 feet to a point; and North 40° 49' 37" East 233.83 feet to a 5/8" rebar; thence leaving said right-of-way line and continuing South 61° 45' 53"' east 737.66 feet to an iron pin found; continuing thence South 44° 04' 02" West 74.54 feet to a point; continuing thence North 24° 49' 07'' East 118.10 feet to the true point of beginning. From said true point of beginning thus established, thence running North 69° 08' 51" West 71.50 feet to a point; thence running North 61° 37' 45" West 76.39 feet to a point; thence running North 07° 31' 27" West 56.00 feet to a point; thence running North 52° 28' 33" East 186.00 feet to a point; thence running South 44° 08' 51"

East 161.16 feet to a point; thence running South 45° 51' 09" West 165.00 feet to the true point of beginning.

All that tract or parcel of land lying and being in Land Lot 42 of the 14th District of Fulton County, Georgia, as shown on that survey for Grant-Hill LLC and Old Republic National Title Insurance Company prepared by Conroy & Associates, P.C., bearing the seal and certification of Daniel F. Conroy, GeorgiaRegistered Land Surveyor No. 2350, said survey drawn May 31, 2007 and last revised June 10, 2007, to which survey reference is hereby made for a complete and accurate legal description and being more particularly described as follows:

TO FIND THE TRUE POINT OF BEGINNING, commence at the intersection of the southerly right-of-way line of Grady Avenue (abandoned) and the westerly right-of-way line of Grant Street (50 foot right-of-way); thence run southwesterly a distance of 457.00 feet along the westerly right-of-way of Grant Street to an iron pin found in concrete and THE TRUE POINT OF BEGINNING; continue thence along said westerly right-of-way line South 00 degrees 16 minutes 03 seconds West a distance of 560.58 feet to an iron pin found (1/2 inch rebar); leaving said westerly right-of-way of Grant Street, run thence South 89 degrees 51 minutes 38 seconds West a distance of 307.14 feet to an iron pin found (mark on wall) on the easterly line of a 15 foot alley (not open); thence run along the easterly line of the 15 foot alley North 00 degrees 00 minutes 22 seconds East a distance of 561.75 feet to an iron pin found (1/2 inch rebar); leaving said easterly line of the 15 foot alley, thence run South 89 degrees 55 minutes 17 seconds East a distance of 309.69 feet to an iron pin found in concrete and THE TRUE POINT OF BEGINNING. Said parcel of land being known as 1035 and 1039 Grant Street, Atlanta, Georgia 30315 according to the current system of numbering property in the City of Atlanta, Fulton County, Georgia.

All that tract or parcel of land lying and being in Land Lot 42 of the 14th District of Fulton County, Georgia, and being more particularly described as follows:

Beginning at an iron pin found on the North right-of-way line of the Atlanta and West Point Railroad with its intersection with the West right-of-way of Grant Street; thence South 89 degrees 59 minutes 17 seconds West a distance of 81.01 feet to an iron pin found; thence North 00 degrees 37 minutes 33 seconds East a distance of 50.15 feet to an iron pin found; thence South 89 degrees 48 minutes 24 seconds West a distance of 424.31 feet to an iron pin found; thence North 00 degrees 16 minutes 08 seconds East a distance of 121.83 feet to an iron pin found; thence North 89 degrees 48 minutes 24 seconds East a distance of 200.20 feet to an iron pin set; thence North 00 degrees 05 minutes 43 seconds East a distance of 29.8 feet to an iron pin set; thence South 89 degrees 53 minutes 25 seconds East a distance of 307.2 feet to an iron pin found; thence south 00 degrees 55 minutes 43 seconds West a distance of 200.44 feet to an iron pin found and point of beginning, all as more particularly shown on a survey for Jay D. Kessler by Solar Land Surveying Company, dated March 8, 2000.

All the tract and parcel of land lying and being in Land Lot 205 of the 14th District of Fulton County, Georgia, being more particularly described as follows:

BEGINNING at the intersection formed by the northeasterly right-of-way of Martin Luther King, Jr. Drive and the easterly right-of-way of Westland Boulevard and running thence in a northerly direction along the easterly right-of way of Westland Boulevard and the following courses and distances: North 37 degrees 31 minutes 26 seconds West a distance of 23.5 feet; thence North 01 degrees 00 minutes 47 seconds East a distance of 52.0 feet; thence North 88 degrees 59 minutes 14 seconds West a distance of 5.78 feet; thence North 00 degrees 39 minutes 43 seconds West a distance of 106.02 feet to a point; running thence South 82 degrees 19 minutes 34 seconds East, and departing from Westland Boulevard, a distance of 214.95 feet to a point; running thence South 00 degrees 34 minutes 00 seconds West a distance of 234.17 feet to the northeasterly right-of-way of Martin Luther King, Jr. Drive; running thence North 75 degrees 44 minutes 13 seconds West along the Northeasterly right-of-way of Martin Luther King Jr. Drive a distance of 196.5 feet to the easterly right-of-way of Westland Boulevard and the Point of Beginning; as per plat of survey by Watts & Browning, Engineers, for Gulf Oil Corporation, dated October 4, 1980, last received February 25, 1981.

Tract 1 — 120 Piedmont Ave.

To Reach the TRUE POINT OF BEGINNING, commence at a chiseled hole found in concrete at the intersection of the northerly Right-of-way of John Wesley Dobbs Avenue (60' R/W) and the westerly Right-of-way of Piedmont Avenue (60' Right-of-way), thence along said Right-ofway of Piedmont Avenue North 00° 27' 48″ East a distance of 119.86 feet to a "″ crimp top pipe found and the TRUE POINT OF BEGINNING; thence leaving said Right-of-way and running North 89° 18' 01″ West a distance of 151.44 feet to a mag nail with washer found; thence North 00° 43' 35″ East a distance of 79.91 feet to a point; thence North 89° 15' 36″ West a distance of 21.82 feet to a building corner; thence along said building line North 00° 16' 16″ West a distance of 34.85 feet to a building corner; thence along said building line South 89° 24' 43″ East a distance of 172.82 feet to a 3/8″ rebar found; thence South 00° 12' 16″ West a distance of 115.11 feet to the TRUE POINT OF BEGINNING. Said tract contains 0.416 Acres (18,121 Square Feet).

Tract 2 — 138 JW Dobbs Ave.

To Reach the TRUE POINT OF BEGINNING, commence at a chiseled hole found in concrete at the intersection of the northerly Right-of-way of John Wesley Dobbs Avenue (60' R/W) and the westerly Right-of-way of Piedmont Avenue (60' Right-of-way), thence along said Right-ofway of John Wesley Dobbs Avenue North 89° 23' 42″ West a distance of 151.95 feet to a 5/8″ rod found and the TRUE POINT OF BEGINNING; thence continuing along said Right-of-way and running thence North 89° 29' 48″ West a distance of 82.03 feet to a building corner; thence running along a line between two build ings North 00° 05' 39″ East a distance of 200.09 feet to a building corner; thence South 89° 31' 25″ East a distance of 62.38 feet to a building corner; thence South 89° 15' 36″ East a distance of 21.82 feet to a point; thence South 00° 43' 35″ West a distance of 79.91 feet to a mag nail with washer found; thence South 00° 42' 20″ West a distance of 120.11 feet to the TRUE POINT OF BEGINNING. Said tract contains 0.382 Acres (16,629 Square Feet).

″Cut-Out″ Parcel from 160 JW Dobbs Ave.

To Reach the TRUE POINT OF BEGINNING commence at a chiseled hole found in concrete at the intersection of the northerly Right-of-way of John Wesley Dobbs Avenue (60' R/W) and the westerly Right-of-way of Piedmont Avenue (60' R/W); thence running along the said Rightof-way of John Wesley Dobbs (60' R/W) North 89° 23' 42″ West a distance of 100.93 feet to a point and the TRUE POINT OF BEGINNING; from point thus established and continuing along said Right-of-way North 89° 23' 42″ West a distance of 51.01 feet to a 5/8″ rod found; thence leaving said Right-of-way and running North 00° 42' 20″ East a distance of 120.11 feet to a mag nail with washer found; thence South 89° 18' 01″ East a distance of 151.44 feet to a 3/4″ crimp top pipe found on the westerly Right-of-way of Piedmont Avenue (60' R/W); thence running along said Right-of-way South 00° 27' 48″ West a distance of 30.84 feet to a point; thence leaving said Right-ofway North 89° 37' 09″ West a distance of 101.06 feet to a point; thence South 00° 22' 51″ West a distance of 88.63 feet to the TRUE POINT OF BEGINNING. Said tract contains 0.212 Acres (9,230 Square Feet).

BEGINNING at a concrete right-of-way monument found at the intersection of the southerly right-of-way line of Bolton Road (variable right-of-way) and the southwesterly right-of-way line of Marietta Boulevard (variable right-ofway), thence along said right-of-way line of Marietta Boulevard S 56°46'22″ E a distance of 10.59 feet to a 1/2″ rebar with cap set inscribed LECRAW LSF 1160, thence continuing along said right-ofway line of Marietta Boulevard and crossing the abandoned right-of-way line of Adams Drive South 49°50'34″ East a distance of 66.68 feet to a 1/2″ rebar found; thence following said right-of-way line of Marietta Boulevard the following 2 courses and distances: S 52°44'24″ E a distance of 129.66 feet to a P.K. Nail found and S 56°07'33″ E a distance of 60.38 feet to a ″ rebar with cap found; thence departing said right-of-way and following the dividing line between realty income properties 25, LLC (per deed book 54059, page 17, Fulton County, Georgia, Records) to the East and Mountainprize, INC. (per deed book 55556, page 335, aforesaid records) to the West, S 04°29'50″ W a distance of 215.17 feet to a ″ rebar with cap found; thence following the dividing line between KC Inspired Investments, Inc. (per deed book 44196, page 594, AFORESAID RECORDS) to the South, West and South, respectively and said Mountain Prize, Inc. To the North, East and North, respectively, the following 3 courses and distances: N 82°53'53″ W a distance of 34.50 feet to a ″ rebar with cap found, N 03°09'53″ W a distance of 58.10 feet to a ″ rebar with cap found and N 79°53'53″ W a distance of 99.40 feet to a scribed ″X″ found; thence crossing the abandoned 40 foot right-of-way of Adams Drive S 60°04'57″ W a distance of 45.11 feet to a point; thence following the dividing line between City of Atlanta (per deed book 24424, page 329, aforesaid records) to the South and West respectively and Bolton Adams, LLC (per deed book 53612, page 94, aforesaid records) to the North and East respectively, the following 6 courses and distances: N 89°51'52″ W (passing a ″ rebar with cap set at a distance of 10.00 feet and passing a ″ rebar with cap set at a distance of 187.97), a total distance of 197.97 feet to a point, N 03°06'49″ W a distance of 88.47 feet to a ″ rebar with cap set, N 07°55'34″ E a distance of 52.52 feet to a point, N 01°43'33″ E a distance of 85.07 feet to a ″ rebar with cap set, N 71°55'27″ W a distance of 177.00 feet to a ″ rebar with cap set and N 01°40'27″ E a distance of 63.96 feet to a ″ rebar with cap set on the southerly right-ofway line of Bolton Road (variable rightof-way); thence along said right-of-way line the following 5 courses and distances: S 88°32'30″ E a distance of 40.35 feet to a scribed ″X″ set, S 02°16'11″ W a distance of 4.19 feet to a concrete right-of-way monument found, S 87°32'04″ E A distance of 30.28 feet to a concrete right-of-way monument found, S 77°42'34″ E a distance of 65.05 feet and s 88°17'02″ e, passing a ″ rebar set at a distance of 7.36 feet, a total distance of 203.60 feet, back to the POINT OF BEGINNING.

Beginning for the same at the northeasterly end of a mitered corner of the intersection of the East Right-of-Way Line of Spring Street, (variable width right-of-way) as per Georgia DOT Rightof-Way Plans - Project No. NHS-0001 -00(298) & NHS-0005-00(945), and the South Right-of-Way Line of 14th Street, also known as Georgia Highway 9 (variable width right-of-way) per the aforementioned GDOT Plans; thence, leaving said Point of Beginning and running with the said line of 14th Street

All that tract or parcel of land lying and being in land lots 106, 118 and 119 of the 14th district, City of Atlanta, Fulton County, Georgia and being more particularly described as follows: Beginning at an iron pin set at the intersection of the southwesterly right-of-way of White Street (r/w varies) and the northwesterly right-of-way of Lee Street (r/w varies), thence departing said southwesterly right-of-way of White Street and proceeding along said northwesterly right-of-way of Lee Street South 33 degrees 11 minutes 05 seconds West a distance of 504.00 feet to a point; thence South 33 degrees 26 minutes 14 seconds West a distance of 22.35 feet to an iron pin set at the intersection of said northwesterly rightof-way of Lee Street and the northeasterly right-of-way of Louisville and Nashville Railway Company (r/w varies); Thence departing said northwesterly right-ofway of Lee Street and proceeding along said northeasterly right-of-way of Louisville and Nashville Railway Company North 53 degrees 42 minutes 31 seconds WEST a distance of 280.28 feet to a point; Thence along a curve to the right with a radius of 477.47 feet and an arc length of 77.51 feet, said curve having a chord bearing of North 49 degrees 04 minutes 31 seconds West and a chord distance of 77.42 feet to a point; Thence North 44 degrees 25 minutes 31 seconds West a distance of 676.05 feet to a point; Thence South 36 degrees 15 minutes 31 seconds West a distance of 6.42 feet to a point; Thence North 53 degrees 42 minutes 31 seconds West a distance of 562.70 feet to an iron pin set; Thence departing said northeasterly right-of-way of Louisville and Nashville Railway Company North 36 degrees 17 minutes 29 seconds East a distance of 318.52 feet to an iron pin set on said southwesterly right-of-way of White Street; Thence proceeding along said southwesterly right-of-way of White Street South 54 degrees 06 minutes 42 seconds East a distance of 281.27 feet to a point; Thence South 55 degrees 08 minutes 13 seconds East a distance of 90.55 feet to a point; Thence South 58 degrees 21 minutes 04 seconds east a distance of 84.24 feet to a point; Thence South 60 degrees 55 minutes 03 seconds East a distance of 183.78 feet to a point; thence South 60 degrees 06 minutes 37 seconds East a distance of 251.81 feet to a point; Thence South 57 degrees 42 minutes 13 seconds East a distance of 127.48 feet to a point; Thence South 57 degrees 00 minutes 51 seconds East a distance of 73.24 feet to a point; Thence along a curve to the left with a radius of 409.28 feet and an arc length of 46.56 feet, said curve having a chord bearing of South 53 degrees 33 minutes 25 seconds East and a chord distance of 46.53 feet to a point; Thence South 56 degrees 48 minutes 55 seconds East a distance of 424.40 feet to a point, said point being the TRUE POINT OF BEGINNING. Said tract contains 643,210 square feet or 14.77 acres and is shown as "parcel 4" on that certain ALTA/ACSM Land Title Survey for SRPF A/Lee & White, L.L.C., A10 Capital, LLC, and First American Title Insurance Company, prepared by Travis Pruitt & Associates, Inc., bearing the seal and certification of Jaime F. Higgins, G.R.L.S. No. 2802, dated June 17, 2015, and as last revised October 15, 2015.

BEGINNING at a point on the Northwest side of New Chattahoochee Avenue 297 feet Northeast of the Northeast corner of New Chattahoochee Avenue and Booker Street; Thence Northeast along the Northwest side of New Chattahoochee Avenue 210 feet to a point; Thence in a Northwesterly direction along a line which forms an interior angle of 88 degrees 45 minutes with a Northwest side of New Chattahoochee Avenue a distance of 400 feet; Thence in a Southwesterly direction along a line which forms an interior angle of 91 degrees 15 minutes with the preceding course a distance of 210 feet; Thence in a Southeasterly direction along a line which forms an interior angle of 88 degrees 45 minutes with the preceding course a distance of 400 feet to the point of beginning.

BEGINNING at a P-K Nail found at the intersection of the North right-of-way line of Pharr Road (70 foot right-of-way) with the East right-of-way line of Grandview Avenue (50 foot right-of-way); running thence along the East right-of-way line of Grandview Avenue (50 foot rightof-way) North 04 degrees 39 minutes 53 seconds East 369.08 feet to a #-inch rebar found (disturbed) at the intersection of the East right-of-way line of Grandview Avenue with the Southwest rightof-way line of Buckhead Avenue (50 foot right-of-way); thence along the Southwest right-of-way of Buckhead Avenue, South 75 degrees 27 minutes 20 seconds East 144.18 feet to a P-K Nail set on the centerline of Sims Circle (40 foot rightof-way); thence, leaving the Southwest right-of-way line of Buckhead Avenue, along the centerline of Sims Circle, the following courses and distances: (1) South 54 degrees 01 minute 10 seconds East 78.68 feet to a point; (2) South 52 degrees 31 minutes 29 seconds East 21.99 feet to a point; (3) along the arc of a curve to the right (which arc is subtended by a chord having a bearing and distance of South 25 degrees 10 minutes 51 seconds East 103.64 feet and a radius of 112.76 feet) 107.69 feet to a point, and (4) South 01 degrees 37 minutes 22 seconds West 72.00 feet to a point; thence leaving the centerline of Sims Circle, South 84 degrees 24 minutes 12 seconds East 19.96 feet to a 5/8-inch rebar set; thence south 84 degrees 24 minutes 22 seconds East 79.01 feet to a 5/8-inch rebar found; thence South 02 degrees 29 minutes 07 seconds West 135.50 feet to a $-inch rebar found on the North right-of-way line of Pharr Road; thence along the North right-ofway line of Pharr Road North 84 degrees 15 minutes 32 seconds west 387.32 feet to the point of beginning, said tract containing approximately 2.448 acres as shown on plat of boundray and topographic survey for East Village Place limited partnership, Amsouth Bank and Chicago Title Insurance Company prepared by Geosurvey, Ltd., bearing the seal and certification of Trenton D. Turk, Georgia registered professional Land Surveyor No. 2411, dated July 3, 2000, last revised November 8, 2000. Together with those certain perpetual non-exclusive easement rights contained in that certain grant of easements by and between Gables Realty limited partnership and East Village Place limited partnership, dated November 9, 2000, filed November 13, 2000 in deed book 29660, page 292, records of the Superior Court of Fulton County, Georgia.

BEGINNING at a point found on the Southern side of Boulevard Drive (formerly Boulevard — Dekalb) 259.50 feet easterly as measured along the Southern side of Boulevard Drive from the corner formed by the intersection of the Southern side of Boulevard Drive with the Northeastern side of Oakview Road; said point of beginning being at the Northeast corner of lot 2 said subdivision; running thence Southerly along the East line of said lot 2, 100.00 feet to a point; running thence Easterly, parallel to the Southern side of Boulevard Drive, 44.00 feet to a point; running thence Northerly, parallel to the East line of said lot 2, 56.00 feet to a point; thence running Easterly, parallel to the Southern side of Boulevard Drive, 5.00 feet to a point; running thence Northerly, parallel to the East line of said lot 2, 44.00 feet to a point on the Southern side of Boulevard Drive, running thence westerly long the Southern side of Boulevard Drive 49.00 feet to the point of beginning, being the same property conveyed in deed recorded at deed book 9335, page 226, Dekalb County Georgia Records, being the same property conveyed in deed recorded at deed book 12530, page 694; being known as 2031-2033 Boulevard Drive, according to the present system of numbering houses in Dekalb County, Georgia.

All that tract or parcel of land lying and being in Land Lot 150 of the 14th District of Fulton County. Georgia, and being more particularly described as:

BEGINNING at an iron pin set on the westerly right-of-way line of Moreland Avenue (84 foot Right-of-way) 328.42 feet southerly as measured along said rightof-way line, from the intersection of said right-of-way line with the centerline of Euclid Avenue (formerly McLendon) and 298.76 feet southerly, as measured along said right-of-way line, from the intersection of the western right-of-way line of Moreland Avenue and the southern rightof-way line of Euclid Avenue, said iron pin also being the southeast corner of property now or formerly owned by ADM Associates. Inc. (Deed Book 10013, Page 493, Fulton County, Georgia Records); thence South 01 degrees 22 minutes 00 seconds West a distance of 141.24 feet along the westerly right-of-way line of Moreland Avenue to a point; thence South 00 degrees 07 minutes 25 seconds East a distance of 38.54 feet along said right-ofway line to a point, said point being the northeastern corner of property now or formerly owned by the City of Atlanta (Deed Book 2368, Page 461, aforesaid Records); thence leaving said right-ofway line and running North 89 degrees 16 minutes 05 seconds West along the northern boundary line of said property now or formerly owned by the City of Atlanta, a distance of 164.95 feet to a 2 inch pipe found at the southeastern corner of property now formerly owned by Community Theatres Company (Deed Book 2571, page 578, aforesaid Records); thence North 00 degrees 54 minutes 55 seconds East a distance of 49.65 feet to a 1 1/2 inch pipe found at the southwest corner of the terminus of a 10 foot alley; thence South 89 degree 18 minutes 05 seconds East a distance of 10.00 feet along the southern side of said alley to a nail in cap set; thence North 02 degrees 25 minutes 11 seconds East a distance of 83.10 feet along the eastern side of said alley to a 1/2 inch rebar found; thence North 00 degrees 44 minutes 12 seconds East along the eastern side of said alley a distance of 50.69 feet to a point at the southwestern corner of the property now formerly owned by ADM Associates, Inc.; thence South 87 degrees 54 minutes 34 seconds East along the southern boundary line of said property now or formerly owned by ADM Associates, Inc., a distance of 153.37 feet to the iron pin sat at the POINT OF BEGINNING.

ALL THAT TRACT or parcel of land lying or being in Land Lot 78, 14th Land District, City of Atlanta, Fulton County, Georgia and being more particularly described as follows:

BEGINNING at a point at the intersection of the southwesterly right of way of Carnegie Way (variable right-of-way) and the northwesterly right of way Spring Street (variable right-of-way); thence southwesterly along the northwesterly right of way Spring Street (variable rightof-way) South 53 degrees 23 minutes 38 seconds West, a distance of 200.51 feet to a p.k. nail found at the intersection of the northwesterly right of way Spring Street (variable right-of-way) and the northeasterly right of way of Williams Street (variable right-of-way); thence northwesterly along the northeasterly right of way of Williams Street (variable right-of-way) North 36 degrees 43 minutes 93 seconds West, a distance of 201.56 feet to a point marked by a building corner; thence northeasterly along said right of way North 04 degrees 48 minutes 20 seconds East, a distance of 111.77 feet to a point marked by a building corner at the intersection of the easterly right of way of Williams Street (variable right-ofway) and the southerly right of way of Andrew Young International Boulevard (variable right-of-way); thence southeasterly along southerly right of way of Andrew Young International Boulevard (variable right-of-way) South 85 degrees 47 minutes 50 seconds Past, a distance of 169.69 feet to a point marked by a building corner at the intersection of the southerly right of way of Andrew Young International Boulevard (variable right-of-way) and the southwesterly right of way of Carnegie Way (variable rightof-way); thence southeasterly along the southwesterly right of way of Carnegie Way (variable right-of-way) South 36 degrees 07 minutes 35 seconds East, a distance of 174.49 feet to a point; said point being the POINT OF BEGINNING.

SAID tract or parcel containing 47,364 square feet or 1.09 acres.

ALL as more particularly shown and depicted on that certain ALTA/ACSM 'Land Title Survey dated May 29, 2015, and being last revised on August 18; 2015, prepared by Pirkle & Associates Surveying, Inc., and bearing the seal and certification of Princeton R. Pirkle, Jr., Georgia Land Surveyor No, 1474, for Legacy AMH-B, LLC, LLC, Branch Banking and Trust Company, First American Title Insurance Company and Bock & Clark Corporation.

All that tract or parcel of land lying and being in land lot 173 of the 14th district of Fulton County, Georgia, and being More particularly described as follows:

Beginning at the iron pen located at the point of intersection of the westerly side of Anderson Avenue and the northwesterly side of Martin Luther King, Jr. Drive (formerly known as Gordon Road), as said intersection is now located after the widening of Anderson Avenue; (said point of beginning being located 35 feet southwesterly, as measured along the northwestern side of Martin Luther King, Jr. Drive, from its intersection with the westerly side of Anderson Avenue, as Anderson Avenue was originally located with a 40 foot right of way); running thence southwesterly along the northwesterly side of Martin Luther King, Jr., Drive 139.05 feet to an iron pin located at the east line of property now or formerly owned by Thomas B. Combs and Allison Muir Combs; running thence north 0 degrees 20 minutes east along the east line of said Combs Property 137 feet to the south side of a 10 foot alley; thence running north 88 degrees 59 minutes east along the south side of said 10 foot alley 135.4 feet to an iron pin located on the west side of Anderson Avenue; and running thence south 00 degrees 17 minutes 30 seconds west along the west side of Anderson Avenue 108.86 feet to the point of beginning; being improved property now known as no. 1815 Martin Luther King, Jr. Drive, according to the current system of numbering structures in Atlanta, Fulton County, Georgia.

A PARCEL OF LAND SITUATED IN LAND LOTS 149 and 150, 17th District, Fulton County Georgia, City of Atlanta and being more particularly described as follows:

Begin at a found railroad spike marking the intersection of the easterly right-ofway of Fielder Avenue NW (40' R/W) and the southerly right-of-way of 10th Street NW (60' R/W); thence run South 89 degrees 17 minutes 21 seconds East along said southerly right-of-way of 10th Street for a distance of 195.76 to a found Drill Hole marking the intersection of the southerly right-of-way for 10th Street NW (60' right-of-way) and the Westerly right-of-way of Northside Drive NW (100' right-of-way); thence run South 00 degrees 22 minutes 37 seconds West for along the aforementioned westerly right-of-way of northside Drive NW for a distance of 298.91 feet to a found 1/2 inch rebar; thence leaving said right-of-way run North 88 degrees 40 minutes 46 seconds West for a distance of 90.24 feet to a set 5/8 inch capped rebar; thence run South 01 degrees 58 minutes 09 seconds West for a distance of 0.75 feet to a point, said point lying on the northerly right-of-way of Unimproved 9th Street NW (40' Right of Way); thence run North 89 degrees 17 minutes 16 seconds West along said rightof-way for a distance of 107.70 feet to a set 5/8 inch capped rebar, said point marking the intersection of said Northerly Right of Way of 9th Street NW and the easterly right-of-way of the aforementioned Fielder Ave. NW (40' right-of-way); thence run North 00 degrees 47 minutes 51 seconds East along said easterly right-of-way for a distance of 298.70 feet to the POINT OF BEGINNING. Said parcel contains 58,775 Square Feet or 1.349 Acres.

ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 50, 17th District, City of Atlanta, Fulton County, Georgia and being more particularly described as follows:

BEGINNING at the intersection of the northerly right-of-way of Wimbledon Road and the westerly right-of-way of Piedmont Road; thence along the northerly rightof-way of Wimbledon Road North 66 degrees 54 minutes 23 seconds West 124.61 feet to a point; thence North 26 degrees 03 minutes 03 seconds East 139.90 feet to a point; thence South 69 degrees 58 minutes 18 Seconds East 125.00 feet to a point on the westerly right-of-way of Piedmont Road; thence along the westerly right-of-way of Piedmont Road South 26 degrees 00 minutes 00 seconds West 146.59 feet to the Point of Beginning containing 0.41 acres.

Beginning at a point formed by the northerly line of the variable-width right of way of Means Street with the westerly line of the apparent 40-foot right of way of that part of Means Street which was formerly Founders Avenue; run thence North 86 degrees 54 minutes 33 seconds West a distance of 78.71 feet to a point; run thence North 76 degrees 44 minutes 46 seconds West a distance of 181.26 feet to a point; thence leave the right of way of Means Street and run North 19 degrees 21 minutes 51 seconds East a distance of 141.60 feet to the center line of a former alley; run thence South 72 degrees 52 minutes 16 seconds East a distance of 110.60 feet to a point; run thence South 70 degrees 51 minutes 56 seconds East a distance of 147.99 feet to a point lying on the westerly line of the apparent 40-foot right of way of that part of Means Street which was formerly Founders Avenue; run thence South 20 degrees 50 minutes 43 seconds West, along said westerly right of way line, a distance of 105.19 feet to the Point of Beginning.

All that tract or parcel of land lying and being in Land Lots 4 and 5 of the 17th District, City of Atlanta, Fulton County, Georgia, and being more particularly described as follows: to find the point of beginning, commence at an iron pin found (1/2" rebar) located at the intersection formed by the northeasterly right-of-way line of Faulkner Road (60' R/W) with the northwesterly right-of-way line of Cheshire Bridge Road (100' r/w) and proceed in a northwesterly direction along the northeasterly right-of-way line of Faulkner Road (60' R/W) the following courses and distances: 1) 106.36 feet along the arc of a curve to the left, said curve having a radius of 143.88 feet and being subtended by a chord of North 50°28'58" West, 103.95 feet to a point; 2) thence North 71°39'37" West for a distance of 139.00 feet to a point; 3) thence 40.36 feet along the arc of a curve to the right, said curve having a radius of 794.75 feet and being subtended by a chord of North 70° 12'20" West, 40.36 feet to an iron pin found (1-1/4" crimped to top pipe); 4) thence 253.23 feet along the arc of a curve to the right, said curve having a radius of 1535.32 feet and being subtended by a chord of North 64°01'32" West, 252.95 feet to an iron pin placed (1/2" rebar) and the point of beginning.

From the point of beginning thus established, and continuing along said right-of-way line of Faulkner Road (60' R/W), 245.56 feet along the arc of a curve to the right, said curve having a radius of 2188.44 feet and being subtended by a chord of North 56°05'09" West, 245.43 feet to an iron pin found (1/2" rebar); thence departing the northeasterly rightof-way line of Faulkner Road (60' r/w) and proceed North 40°50'09" East for a distance of 683.36 feet to an iron pin placed (1/2" rebar) on top of a slope; thence in a southeasterly direction along said top of slope the following courses and distances:

Thence departing said top of slope and proceed South 40°53'49" West for a distance of 491.20 feet to an iron pin placed (1/2" rebar) on the northeasterly right-of-way line of Faulkner Road (60' R/W) and the point of beginning.

Said tract or parcel containing 3.27863 acres more or less, or 142,817 square feet more or less.

Being all that tract or parcel of land lying and being in Land Lot 54, 14th District, City of Atlanta, Fulton County, Georgia and being more particularly described as follows:

BEGINNING at the intersection of the easterly right of way line of Reed Street (having a 30' right of-way) and the northerly right-of way line of Georgia Avenue (having a 60' right of-way); thence, leaving the aforesaid right-of-way line of Georgia Avenue and running with the aforesaid easterly right of way line of Reed Street

ALL THAT TRACT or parcel of land lying and being in land lot 111 of the 14th district of the City of Atlanta, Fulton County, Georgia, and more particularly described as follows:

TO FIND THE POINT OF BEGINNING, commence at a point at the intersection of the easterly Right-of-Way line of Joseph E. Lowery Boulevard (50' R/W) and the northernly Right-of-Way of Joseph E. Boone Boulevard (60' R/W); thence leaving said intersection and running along said Right-of-Way line of Joseph E. Boone Boulevard in an easterly direction 73.5' to an iron pin found (1/2" rebar), said point being the point of beginning, FROM said point of beginning at thus established; thence leaving said Right-ofWay line North 00 degrees 48 minutes 42 seconds East a distance of 194.97 feet to an iron pin found (1/2" rebar);

THENCE south 89 degrees 12 minutes 47 seconds East a distance of 50.00 feet to a point; thence south 00 degrees 42 seconds West a distance of 194.28 feet to an iron pin set (1/2" rebar) on the northerly Right-of-Way line of Joseph E. Boone Boulevard;

THENCE along said Right-of-Way line North 89 degrees 39 minutes 31 seconds West a distance of 50.00 feet to the point of beginning.

SAID tract or parcel of land containing (0.223 acres 9,723 square feet), SAID legal description being the same property as contained within the title commitment by Chicago Title Insurance Company, commitment number 20030, dated February 20, 2020.

AND further being the same as described in deed book 58027, page 271, Fulton County records.

TRUE POINT OF BEGINNING commence at a point being a Marta Monument CP1, (with coordinates of northing: 1368614.697, easting 2244285.489); thence South 12° 20' 15" East a distance of 231.82 feet to an iron pin set, said point being on the westerly right-of-way of mayson avenue (40'R/W) and the southerly right-of-way of csx railroad; thence along said right-of-way of mayson avenue south 00° 50' 21" west a distance of 365.00 feet to a magnetic nail set; thence south 46° 42' 58" west a distance of 23.12 feet to an iron pin set on the northerly right-of-way of la france street (variable R/W); thence along said right-of-way North 89° 26' 35" west a distance of 340.70 feet to a point; thence continuing along said right-ofway North 89° 26' 35" west a distance of 79.73 feet to thetrue point of beginning; thence continuing along said right-ofway North 89° 26' 35" west adistance of 216.74 feet to a magnetic nail set; thence leaving said right-of-way and running along a curve to the right an arc length of 16.56 feet, (said curve having a radius of 30.01 feet, with a chord bearing ofnorth 20° 13' 48" west, and a chord length of 16.35 feet) to a point; thence North 00° 05' 14" west adistance of 52.37 feet to a magnetic nail set; thence running along a curve to the right an arc length of 10.12 feet, (said curve having a radius of 27.58 feet, with a chord bearing of North 11° 14' 59" East, and achord length of 10.07 feet) to a magnetic nail set; thence North 25° 10' 37" East a distance of 134.31 feetto a magnetic nail set; thence running along a curve to the left an arc length of 14.92 feet, (said curve having a radius of 50.00 feet, with a chord bearing of North 08° 42' 45" East, and a chord length of 14.86 feet) to a magnetic nail set; thence along a curve to the right an arc length of 43.82 feet, (said curve having a radius of 30.18 feet, with a chord bearing of North 37° 27' 50" East, and a chord length of 40.07 feet) to an iron pin set; thence North 79° 14' 48" East a distance of 132.62 feet to a point; thence South 10° 45' 12" East a distance of 56.85 feet to a point; thence North 90° 00' 00" West a distance of 4.82 feet to a point; thence South 00° 00' 00" East a distance of 56.88 feet to a point; thence North 90° 00' 00" West a distance of 8.94 feet to a point; thence South 00° 00' 00" East a distance of 49.86 feet to a point;thence North 90° 00' 00" East a distance of 8.89 feet to a point; thence South 00° 00' 00" East a distance of 22.33 feet to a point; thence North 90° 00' 00" West a distance of 4.95 feet to a point; thence south 00°00' 00" East a distance of 13.33 feet to a point; thence North 90° 00' 00" East a distance of 4.86 feet to apoint; thence South 00° 00' 00" East a distance of 6.59 feet to a point; thence North 90° 00' 00" East a distance of 8.05 feet to a point; thence South 00° 00' 00" East a distance of 6.31 feet to a point; thence North 90° 00' 00" West a distance of 8.14 feet to a point; thence South 00° 00' 00" East a distance of 14.61 feet to a point; thence North 90° 00' 00" West a distance of 4.78 feet to a point; thence South 00°00' 00" East a distance of 26.87 feet to a point; thence North 90° 00' 00" East a distance of 5.70 feet to a point; thence South 00° 07' 51" West a distance of 19.85 feet to the true point of beginning. said tract contains 1.127 acres (49,078 square feet).

Tract 1 All that tract or parcel of land lying and being in Land Lot 99 of the 17th District, City of Atlanta, Fulton County, Georgia, and being more particularly described as follows: The "Commercial Master Unit" of 262 Buckhead Avenue, A Master Condominium, as more particularly described and delineated in the Declaration of Condominium for 262 Buckhead Avenue, A Master Condominium, recorded in Deed Book 56481, Page 619, et seq., Fulton County, Georgia records, as amended Subject to those certain floor plans filed in Condominium Floor Plan Book 65, Page 16, aforesaid records, that certain plat of survey filed in Condominium Plat Book 24, Pages 13, aforesaid records. Together with, all right, title and interest in and to the Master Limited Common Elements assigned to the Commercial Master Unit, as more particularly described in that certain Declaration of Condominium for 262 Buckhead Avenue, A Master Condominium, recorded in Deed Book 56481, Page 619, et seq., Fulton County, Georgia records, as amended. Together with, a 11.40 percent (11.40%) tenants-in-common interest in those certain Master Common Elements, as more particularly described in that certain Declaration of Condominium for 262 Buckhead Avenue, A Master Condominium, recorded in Deed Book 56481, Page 619, et seq., Fulton County, Georgia records, as amended.

And Tract 2 All that tract or parcel of land being and lying in Land Lot 99 of the 17th District in the City of Atlanta of Fulton County, Georgia. Said tract or parcel of land being more particularly described as follows: The condominium unit know as Unit # 2 of 262 Buckhead Avenue, a Parking Condominium, as more particularly described and delineated in the Declaration of Condominium for 262 Buckhead Avenue, a Parking Condominium, recorded in Deed Book 56481, page 692, et. seq., Fulton County, Georgia records, as amended.

ALL THAT TRACT of parcel of land lying and being in the City of Atlanta, in Land Lot 56 of the 14th District of Fulton County, Georgia, being all of Lot 20 and that part of Lot 19 less a strip of land five feet in width on the west side of Lot 19, of the Turman property as per plat recorded in Plat Book 10, Page 65, of the Deed Records of Fulton County, Georgia, being more particularly described as follows:

BEGINNING at the northeast corner of said Lot 20 on the west of Blashfield Street 155 feet south from the southwest corner of McDonough Road (now Boulevard) and Blashfield Street, and running thence south along the west side of Blashfield Street, 110 feet to the southeast corner of said Lot 19; thence westwardly 158 feet along the south line of Lot 19 to a line parallel with and lying five feet eastwardly from a ten-foot alley; thence running north along said line parallel with said ten-foot alley 55 feet to Lot 20; thence westwardly along the south line of Lot 20, 5 feet to the west line of Lot 20 at the easterly side of said ten-foot alley, thence northwardly along the west line of Lot 20, being the easterly side of said ten foot alley, 55 feet to the north line of Lot 20; thence eastwardly along the north line of Lot 20 a distance of 141 feet to the beginning point.

All that tract or parcel of land lying and being in Land Lot 260 of the 17th District, Fulton County, Georgia and being more particularly described as follows:

BEGINNING AT A POINT marked by a concrete monument located at the corner formed by the intersection of the Southwesterly side of Bankhead Highway and the easterly side of Hartwell Road; thence south 72 degrees 04 minutes 45 seconds east along the southwesterly right-of-way of Bankhead Highway a distance of 36.21 feet to an iron pin; thence continuing southeasterly as measured along the southwesterly side of Bankhead Highway a curvilinear distance of 134.29 feet, (said curve being subtended by a chord of south 69 degrees 54 minutes 40 seconds east a chord distance of 134-25 feet;) thence south 00 degrees 33 minutes 49 seconds east a distance of 191.92 feet to an iron pin; thence north 73 degrees 26 minutes 20 seconds west a distance of 248.60 feet to an iron pin located on the southeasterly right-of-way of Hartwell Road; thence northeasterly as measured along the southeasterly side of Hartwell Road a curvilinear distance of 88.23 feet to an iron pin (said curve being subtended by a chord of north 18 degrees 27 minutes 56 seconds east a distance of 88.21 feet); thence continuing northeasterly along the southeasterly right-of-way of Hartwell Road north 19 degrees 24 minutes 31 seconds east a distance of 89.96 feet to a concrete marker; thence north 61 degrees 29 minutes 35 seconds east a distance of 20.52 feet to the point of beginning. A copy of the legal description is attached hereto as Exhibit A.

ALL THAT TRACT or parcel of land lying and being in Land Lot 12 of the 14thFF District of Fulton County in the City of Atlanta, as shown on a plat of survey by TSD Engineers, Inc., dated 7/27/2007, and being more particularly described as follows:

TO FIND THE TRUE POINT OF BEGINNING commence at the point of intersection formed by the southerly right-of-way of Benjamin S. Mays Road (a 50 foot right-of-way) and the easterly right-ofway of Fairburn Road (a 50' right-ofway); and then run in a southeasterly direction along the aforementioned easterly right-of-way of Fairburn Road a distance of 570.7 feet to an iron pin set, said point being the POINT OF BEGINNING; THENCE leaving the right-ofway of Fairburn Road, North 89 degrees 15 minutes 09 seconds East for a distance of 59 74 feet to a point; THENCE South 00 degrees 44 minutes 51 seconds East for a distance of 0.52 feet to a point; THENCE North 89 degrees 15 minutes 09 seconds East for a distance of 154 87 feet to a point; THENCE North 00 degrees 44 minutes 51 seconds West for a distance of 0.52 feet to a point; THENCE North 89 degrees 15 minutes 09 seconds East fox a distance of 117 74 feet to an IPS on the westerly right-of-way (100' right-of-way) of the Seaboard Coastline Railroad; THENCE following right-of-way of aforementioned right-of-way of the Seaboard Coastline Railroad, along a curve to the left having a radius of 1930 96 feet and an arc length of 435.76 feet, being subtended by a chord of South 14 degrees 37 minutes 41 seconds West for a distance of 434.84 feet to a point on the aforementioned westerly right-of-way of the Seaboard Coastline Railroad (said point being North 89 degrees 23 minutes 34 seconds East, 0 78 feet from an iron pin found); THENCE leaving the aforementioned right-of-way of the Seaboard Coastline Railroad, South 89 degrees 23 minutes 34 seconds West for a distance of 257 94 feet to a point on the westerly right-of-way of Fairburn Road (said point being South 89 degrees 23 minutes 34 seconds West, 0.18 feet from an iron pin found); THENCE along aforementioned westerly right-of-way of Fairburn Road, North 04 degrees 49 minutes 48 seconds East for a distance of 420.64 feet to THE POINT OF BEGINNING; Together with and subject to covenants, easements, and restrictions of record. Said property contains 2.756 acres more or less.

Said property being knows as 510 Fairburn Road SW, Atlanta, GA 30331, according to the present system of numbering property in Fulton County, Georgia.

ALL THAT TRACT or parcel of land lying and being in Land Lot 42 of the 14th District, Fulton County, Georgia, being more particularly shown on the survey for Han C. Kim, OK S. Kim, Community Bank & Trust, and Chicago Title Insurance Company, prepared by Gary L.

Cooper, RLS No. 2606, dated December 13, 2004 being more particularly described as follows:

BEGINNING at a point located at the intersection of the Westerly right-of-way line to Cherokee Avenue (apparent 50 foot right-of-way) and the Southerly rightof-way line of Atlanta Road (apparent 60 foot right-of-way); thence running Southwesterly along the Westerly rightof-way line of Cherokee Avenue South 03°41'51" West a distance of 22.90 feet to an iron pin set; thence leaving said Westerly right-of-way line of Cherokee Avenue and running North 85°19'09" West a distance of 96.00 feet to an iron pin found; thence running North 03°34'48" East a distance of 22.77 feet to an iron pin found on the Southerly right-of-way line of Atlanta Road; thence running Southeasterly along the Southerly rightof- way line of Atlanta Road South 85°23'41" East a distance of 96.04 feet to a point, said point being the TRUE POINT OF BEGINNING, containing 0.050 acres as shown on the survey referenced above, containing improvements thereon known as 891 Cherokee Avenue according to the present system of numbering in the City of Atlanta, Georgia.

Said property being knows as 891 Cherokee Avenue SE, Atlanta, GA 30315, according to the present system of numbering property in Fulton County, Georgia.

All that tract or parcel of land lying and being in Land Lot 18 of the 14th Land District, City of Atlanta, Fulton County, Georgia, said tract or parcel of land being more fully shown and designated on a plat of survey prepared by Valentino & Associates, Inc. (Job #17-041; Drawing/ File #17-041), bearing the seal of Glenn A. Valentino, Ga. Registered Land Surveyor #2528, and being more particularly described, with bearings relative to Grid North, Georgia West Zone, as follows:

TO FIND THE POINT OF BEGINNING, COMMENCE at a railroad iron found at the intersection of the southwesterly rightof-way line of North Angier Avenue (50' public r/w) and the southeasterly rightof-way line of Dallas Street (50' public r/w); THENCE proceeding along the southwesterly right-of-way line of North Angier Avenue North 80 degrees 10 minutes 18 seconds East for a distance of 35.00 feet to a PK (masonry) nail set, said PK (masonry) nail set being the POINT OF BEGINNING;

THENCE continuing along said southwesterly right-of-way line of North Angier Avenue North 80 degrees 10 minutes 18 seconds East for a distance of 16.81 feet to a PK (masonry) nail found at the intersection with the northeasterly right-of-way line of North Angier Avenue;

THENCE departing said northeasterly right-of-way line of North Angier Avenue North 73 degrees 41 minutes 46 seconds East for a distance of 138.75 feet to a PK (masonry) nail found on the southwesterly right-of-way line of Atlanta Beltline (variable width r/w);

THENCE proceeding along said southwesterly right-of-way line of Atlanta Beltline the following two courses and distances: along a curve to the left having a radius of 2524.50 feet for an arc length of 181.73 feet (said arc being subtended by a chord of South 38 degrees 00 minutes 30 seconds East for a distance of 181.69 feet) to a hole in concrete found; THENCE South 40 degrees 03 minutes 11 seconds East for a distance of 299.68 feet to a 1/2" iron pin set;

THENCE departing said southwesterly right-of-way line of Atlanta Beltline South 60 degrees 13 minutes 08 seconds West for a distance of 233.70 feet to a 1/2" iron pin set;

THENCE North 14 degrees 38 minutes 52 seconds West for a distance of 5.88 feet to a 1/2" iron pin set;

THENCE North 29 degrees 33 minutes 20 seconds West for a distance of 507.09 feet to a PK (masonry) nail set on the aforesaid southwesterly right-of-way line of North Angier Avenue, said PK (masonry) nail set being the POINT OF BEGINNING.

Said tract or parcel of land contains 2.124 acres or 92,496 square feet.

Beginning at the Southeast corner of Flat Shoals Avenue and Arkwright Place, SE, in the City of Atlanta, and running thence East 58 feet; thence in a Southwesterly direction of 39.5 feet to Flat Shoals Avenue; thence in a Northwesterly direction along the Northeast side of Flat Shoals Avenue for a distance of 78 feet to the point of beginning; being improved property known as 210 Flat Shoals Avenue, Southeast, according to the present system of numbering houses in the City of Atlanta.

All that track or parcel of land lying and being in Land Lot 222, 17th District, Fulton County, Georgia, and being more particularly described as follows:

BEGINNING at an iron pin at the northeast intersection of the rights-ofway of Marietta Boulevard and Chattahoochee Avenue, being the True Point of Beginning; thence along the eastern rightof-way of Marietta Boulevard north 10 degrees 49 minutes 13 seconds west a distance of 107.12 feet to an iron pin; thence leaving said right-of-way north 81 degrees 01 minutes 00 seconds east a distance of 265.83 feet to an iron pin; thence south 00 degrees 16 minutes 39 seconds west a distance of 161.85 feet to an iron pin; thence south 53 degrees 18 minutes 34 seconds east a distance of 90.18 feet to an iron pin; thence south 28 degrees 00 minutes 04 seconds west a distance of 143.74 feet to an iron pin on the northern right-of-way of Chattahoochee Avenue; thence along said rightof-way north 51 degrees 31 minutes 22 seconds west a distance of 313.88 feet to an iron pin being the True Point of Beginning. All as shown on Survey for Bak South Corporation, et al, dated December 18, 1984, by B.K. Rochester, Jr., Georgia Registered Land Surveyor No. 153.

All that tract or parcel of land lying and being in Land Lot 86 of the 14th district of Fulton County, Georgia, and being more particularly described as follows:

BEGINNING at an iron pin found at the intersection formed by the west side of Mcdaniel Street and the north side of Rockwell Street; thence south 88 degrees 42 minutes 28.

Seconds west along the north side of Rockwell Street 170 feet to an iron pin; thence north 01 degree 27 minutes 00 seconds west 200 feet to an iron pin on the west side of Mcdaniel Street; thence south 01 degree 27 minutes 00 seconds east along the west side of Mcdaniel Street 200 feet to an iron pin at the point of beginning; said tract containing 0.7805 acres in Area 2, Model Cities Urban Redevelopment Area, Project GA A-2-3 made by Southland Engineers & Surveyors, Inc. certified by Ralph B. Key, registered professional land surveyor, dated February 19, 1971.

All that tract or parcel of land lying and being in Land Lot 184 of the 14th District of Fulton County, Georgia being more particularly described as follows:

BEGINNING at an iron pin at the intersection formed by the northwesterly side of Cascade Road and the westerly side of Beecher Road, as said streets are now located, and running thence southwesterly side of Cascade Road, 85.1 feet to an iron pin at the southeasterly corner of property now or formerly owned by George C. Wilson; thence northerly, along the easterly line of the said Wilson property, and forming an interior angle of 68 degrees 16 minutes with the line last run, 80 feet to the northeasterly corner of the said Wilson property; thence westerly, along the northerly line of the said Wilson property, 47.3 feet to the easterly side of property now or formerly owned by Colonial Stores, Inc.; thence northerly, along the easterly line of the said Colonial Stores property, 91.7 feet to an iron pin on the southerly side of Sewell Road; thence westerly, along said Sewell Road, as said road is now located, thence easterly, along the southerly side of Sewell Road, and forming an interior angle of 77 degrees 34 minutes with the line last run, 20.2 feet to the westerly line of property now or formerly owned by Georgia Power Company; thence southerly, along the westerly line of said Georgia Power Company property, 67 feet to the southwesterly corner of said property; thence easterly, along the southerly line of said property, 50 feet to the southeasterly corner of said property; thence northerly, along the easterly line of said property, 55 feet to the southerly side of Sewell Road; thence westerly, along the southerly side of Sewell Road, 52.2 feet to the westerly side of Beecher Road; thence southerly, along the westerly side of Beecher Road, and forming an interior angle of 105 degrees 21 minutes with the line last run, 108.1 feet to the northwesterly side of Cascade Road and the point of beginning; and being the property shown on a plat entitled "Survey For W. A. Man," made by Lum Hall & Associates, registered land surveyors, dated January 30, 1968.

All that tract or parcel of land lying and being in Land Lot 178 of the 15th District, City of Atlanta, DeKalb County, Georgia, and being more particularly described in accordance with that certain "ALTA/ ACSM Survey for Bay County Enterprises, LLC and Stewart Title Guaranty Corporation" dated June 3, 2002, prepared by Harkleroad and Associates, certified by Donald W. Harkleroad, Georgia Registered Land Surveyor No. 1578, as follows:

To find the point of beginning commence at a point at the intersection of the southerly right-of-way of Memorial Drive (a.k.a. State Route #10) having an 80-foot right-of-way and the easterly right-ofway of Maynard Terrace having a 70-foot right-of-way if both rights-of-way were extended to form an angle instead of being mitered; thence along the southerly right-of-way of Memorial Drive north 86 degrees 25 minutes 39 seconds East 34.32 feet to an iron pin found and the point of beginning; thence continue along the southerly right-of-way of Memorial Drive north 86 degrees 25 minutes 39 seconds east 123.10 feet to an iron pin found; thence South 02 degrees 28 minutes 23 seconds east 190.00 feet to an iron pin found; thence South 86 degrees 57 minutes 40 seconds west 164.95 feet to an iron pin found on the easterly right-of-way of Maynard Terrace; thence along the easterly right-of-way of Maynard Terrace following the curvature thereof an arc distance of 101.70 feet to an iron pin found, said curvature having a chord bearing and distance of north 00 degrees 57 minutes 16 seconds east 101.67 feet and having a radius of 1100.92 feet; thence continue along the easterly rightof-way of Maynard Terrace north 01 degrees 30 minutes 46 seconds east 48.30 feet to an iron pin found; thence north 39 degrees 03 minutes 33 seconds east 52.74 feet to the point of beginning, containing 0.68 acres.

Sec. 10-93. Exemptions for the sale of alcoholic beverages by the package.

All that tract or parcel of land lying and being in Land Lots 106 & 107 of the 17th District of Fulton County, Georgia and being more particularly described as follows: Beginning at a PK nail set at the intersection of the northwesterly right-of-way of Peachtree Place (50' R/W) and the southwesterly right-of-way of West Peachtree Street (75' R/W); thence along said right-of-way of Peachtree Place South 83 degrees 06 minutes 36 seconds West a distance of 182.35 feet to a PK nail set; thence departing said right-of-way North 13 degrees 58 minutes 14 seconds West a distance of 123.60 feet to a PK nail set; thence North 57 degrees 11 minutes 26 seconds East a distance of 169.77 feet to a PK nail set on said right-of-way of West Peachtree Street; thence along said right-ofway along a curve to the left an arc distance of 71.31 feet (being subtended by a chord distance of 71.29 feet a bearing of South 21 degrees 35 minutes 28 seconds East and a 920.70 foot radius) to a point; thence along a curve to the right an arc distance of 42.84 feet (being subtended by a chord distance of 42.84 feet, a bearing of South 20 degrees 36 minutes 11 seconds East and a 7791.88 foot radius) to said PK nail set and the POINT OF BEGINNING.

All that tract or parcel of land lying and being in Land Lot 76 of the 14th Land District of Fulton County, Georgia, being more particularly described as follows:

Beginning at the point of intersection of the northerly right-of-way line of Fulton Street (seventy-foot right-of-way) and the easterly rightof-way line of Windsor Street (rightof-way varies), said point being marked by an iron pin set, run thence along said right-of-way line of Windsor Street North 01 degrees 44 minutes 02 seconds East a distance of 309.16 feet to a point marked by an iron pin set, continue thence along said right-of-way line South 88 degrees 21 minutes 11 seconds East a distance of 41.63 feet to a point marked by an iron pin set, continue thence along said right-of-way line North 00 degrees 14 minutes 49 seconds East a distance of 111.68 feet to a point located on the southerly right-ofway line of Eugenia Street (thirtyfoot right-of-way), said point being marked by an iron pin set, thence leaving said right-of-way line of Windsor Street run along said rightof-way line of Eugenia Street South 88 degrees 52 minutes 07 seconds East a distance of 109.38 feet to a point marked by an iron pin set, thence leaving said right-of-way line, run South 00 degrees 15 minutes 00 seconds East a distance of 111.82 feet to a point marked by an iron pin set; run thence South 00 degrees 53 minutes 12 seconds West a distance of 50.48 feet to a point marked by an iron pin set, run thence South 05 degrees 53 minutes 28 seconds West a distance of 13.91 feet to a point marked by an iron pin set, run thence South 01 degrees 21 minutes 16 seconds West a distance of 67.76 feet to a point marked by an iron pin set, run thence South 89 degrees 23 minutes 09 seconds East a distance of 6.70 feet to a point marked by an iron pin set, run thence South 00 degrees 54 minutes 40 seconds West a distance of 176.31 feet to a point located on the northerly right-of-way line of Fulton Street, said point being marked by an iron pin set, run thence along said right-of-way line North 88 degrees 58 minutes 28 seconds West a distance of 161.41 feet to the point of intersection of Windsor Street and Fulton Street, said point being marked by an iron pin set and said point being the true point of beginning.

Said tract of land contains 1.392 acres, more or less, and is more particularly described on a Boundary and Topographic Survey prepared by Conroy & Associates, P.C., bearing the seal and certification of Daniel F. Conroy, Georgia Registered Land Surveyor No. 2350, surveyed September 11, 2014, drawn September 12, 2014 and last revised on September 14, 2014, said survey being numbered: AO137.

Beginning at a point at the intersection of the northwesterly right-ofway line of Williams Mill Road (40' R/W) and the westerly right-of-way line of North Highland Avenue (50' R/W), said point being the point of beginning; Thence along the northwesterly right-of-way line of Williams Mill Road, South 63 degrees 19 minutes 25 seconds West a distance of 168.65 feet to an iron pin found (3/4" OTP); Thence leaving said right-of-way line, North 00 degrees 17 minutes 41 seconds East a distance of 186.36 feet to a point on the southerly right-of-way line of North Avenue (50' R/W); Thence along said right-of-way line, South 89 degrees 41 minutes 32 seconds East a distance of 149.77 feet to a point at the intersection of said right-of-way line and the westerly right-of-way line of North Highland Avenue; Thence along the westerly right-of-way line of North Highland Avenue, South 00 degrees 01 minutes 00 seconds West a distance of 109.84 feet to a point and the true point of beginning.

Said tract containing 0.510 acres (22,230 square feet).

All that tract or parcel of land lying and being in Land Lot 97 of the 17th District of Fulton County, Georgia, and being more particularly described as follows:

BEGINNING at an iron pin found on the easterly right-of-way line of Roswell Road (a variable right-ofway), 571.43 feet southerly, as measured along the easterly rightof-way line of Roswell Road, from the corner formed by the intersection of the easterly right-of-way line of Roswell Road with the southerly right-of-way line of Sheldon Road (a 50-foot right-of-way), said iron pin also being located at the southwesterly corner of property now or formerly owned by Don W. Sentell; thence leaving the easterly rightof-way line of Roswell Road and running easterly along the southerly line of said Sentell Property, the following courses and distances: north 89 degrees 23 minutes 23 seconds east, 291.65 feet to an iron pin found; and north, 81 degrees 19 minutes 13 seconds east, 29.72 feet to an iron pin found on the westerly line of property now or formerly owned by Kevin M. Moore and Gay F. Moore; running thence south 06 degrees 28 minutes 03 seconds west along the westerly line of said Moore Property, 260.55 feet to an iron pin found; running thence north 77 degrees 36 minutes 30 seconds west, 66.14 feet to a point; running thence south 89 degrees 04 minutes 43 seconds west, 21.00 feet to a point; running thence north 00 degrees 15 minutes 17 seconds west, 5.00 feet to a point; running thence south 89 degrees 04 minutes 43 seconds west, 12.00 feet to a point; running thence north 00 degrees 15 minutes 17 seconds west, 30.00 feet to a point; running thence south 89 degrees 04 minutes 43 seconds west, 185.00 feet to a point; running thence north 60 degrees 33 minutes 45 seconds west, 32.44 feet to a nail found on the easterly right-of-way line of Roswell Road; running thence northerly along the easterly rightof-way line of Roswell Road, the following courses and distances: along the arc of a curve to the left, 15.06 feet to a point; and, north 05 degrees 35 minutes 08 seconds east, 175.61 feet to the point of beginning; and being more particularly shown on and described in accordance with a plat of survey prepared for Chuan Liang Yeon, Inc. by McClung Surveying, Inc., bearing the seal and certification of Perry E. McClung, Georgia Registered Land Surveyor No. 1541, dated June 20, 1997.

TOGETHER WITH any and all portions of the property described in the following boundary line agreements and not included within the above property:

Boundary Line Agreement by and between Restaurant Suntory Atlanta, Inc. and Mark P. Klein dated August 22, 1990 and recorded in Deed Book 13736, Page 186, Fulton County, Georgia records.

Boundary Line Agreement by and between Restaurant Suntory Atlanta, Inc. and Bank South, N.A. dated December 31, 1990 and recorded in Deed Book 14001, Page 208, Fulton County, Georgia records.

All that tract of land lying and being in Land Lot 206 in the 15th District, City of Atlanta, DeKalb County, Georgia, being described as follows:

Beginning at a point located at the intersection of the southwesterly right-of-way line of Boulevard Drive a/k/a Hosea L. Williams Drive and the southeasterly right-of-way line of Howard Street and the TRUE POINT OF BEGINNING; Thence along the southwesterly right-ofway line of Boulevard Drive South 42 degrees 21 minutes 34 seconds East for a distance of 99.43 feet to a point; Thence continue along the southwesterly right-of-way line of Boulevard Drive South 42 degrees 21 minutes 34 seconds East for a distance of 100.01 feet to a point; Thence leaving the southwesterly right-of-way line of Boulevard Drive South 37 degrees 07 minutes 22 seconds West for a distance of 206.60 feet to a point; Thence North 42 degrees 21 minutes 36 seconds West for a distance of 100.00 feet to point; Thence North 38 degrees 47 minutes 43 seconds East for a distance of 31.69 feet to a point; Thence North 42 degrees 39 minutes 42 seconds West for a distance of 101.23 feet to a point on the southeasterly rightof-way line of Howard Street; Thence along the southeasterly right-ofway line of Howard Street North 37 degrees 25 minutes 37 seconds East for a distance of 175.13 feet to point and the TRUE POINT OF BEGINNING; said tract containing, more or less, 0.86 acres.

All that tract of land lying and being in Land Lot 230 of the 17th District, City of Atlanta, Fulton County, Georgia, being described as follows:

Commencing at a #4 rebar found at the northwestern right-of-way intersection of Marietta Boulevard (100' R/W) and Coronet Way (50' R/W); thence along the northern right-of-way line of Marietta Boulevard N 56°22'30" W a distance of 204.18' to a 1" open top pipe found; thence continuing along the aforesaid right-of-way line N 56°17'00" W a distance of 45.26' to a rail road spike found; thence continuing along the aforesaid right-of-way line N 56°17'32" W a distance of 86.06' to a point, said point being the true point of beginning; thence continuing along the aforesaid rightof-way line N 56°17'32" W a distance of 45.00' to a point; thence leaving the aforesaid right-of-way N 33°42'28" E a distance of 88.37' to a point; thence N 38°13'58" W a distance of 33.92' to a point; thence N 47°55'25" W a distance of 70.47' to a point; thence N 39°12'39" W a distance of 41.72' to a point; thence N 55°55'53" E a distance of 215.28' to an x cut in the concrete sidewalk along the southern right-of-way line of Coronet Way; thence along the aforesaid right-of-way line S 34°13'25" E a distance of 59.93' to a #4 rebar found; thence continuing along the aforesaid right-of-way S 34°06'08" E a distance of 102.92' to a #4 rebar found; thence continuing along the aforesaid right-of-way S 34°09'18" E a distance of 4.14' to a point; thence leaving the aforesaid right-of-way S 56°55'18" W a distance of 27.87' to a point; thence with a curve turning to the left having an arc length of 31.61', a radius of 20.00', a chord bearing of S 11°38'26" W, and a chord length of 28.42', to a point; thence S 33°38'27" E a distance of 33.75' to a point; thence S 56°16'05" W a distance of 208.76' to a point along the northern right-ofway line of Marietta Boulevard (100' R/W), said point being the true point of beginning. Said parcel having an area of 45,889 S.F., or 1.0535 acres.

That parcel of land known as 1370 North Highland Avenue, NE, Atlanta, Georgia 30306 under the numbering system of the City of Atlanta being more particularly described as:

ALL THAT TRACT or parcel of land lying in land lot 2, of the 17th district of the City of Atlanta, Fulton County, Georgia, and being more particularly described as follows:

TO FIND THE POINT OF BEGINNING, at the intersection of the north side of North Highland Avenue (a road having a 50 foot right of way) and the east side of Lanier Place (a road having a 50 foot rights of way); thence along Lanier Place North 01 degree 09 minutes 00 seconds east a distance of 199.88 feet to a point at the south side of an alley (an alley having a 15 foot right of way); thence leaving said road and along the alley north 64 degrees 44 minutes 00 seconds east a distance of 86.0 feet to a point; thence continuing along said ally north 64 degrees 51 minutes 00 seconds east a distance 58.0 feet to a point; thence leaving said ally south 34 degrees 53 minutes 23 seconds East a distance of 189.60 feet to a point on the north side of North Highland Avenue (a road having a 50 foot rightof-way); thence along said road south 64 degrees 03 minutes 21 seconds west a distance of 60.86 feet to a point; thence along a curve to the right 204.05 feet to a point of beginning, said curve having a chord bearing of south 67 degrees 11 minutes 49 seconds west and a chord distance of 203.95 feet and a radius of 1861.09 feet. Said tract of land containing 0.878 acres. AND further being the same as described in deed book 20372, page 158, Fulton County records.

ALL THAT TRACT or parcel of land lying and begin land lot 46 of the 14th District of Fulton County, Georgia, being part of the east 26 feet of lot 3 of the Tye property, and being more particularly described as follows:

BEGINNING AT A POINT on the north side of Auburn Avenue, 125 feet east from the intersection formed by the north side of Auburn Avenue with the east side of Fort Street; running thence east along the north side of Auburn Avenue, 26 feet to a point; running thence north 70 feet, more or less, to City of Atlanta Housing Authority Property; running thence West along the South line of said City of Atlanta Housing Authority Property 26 feet to a point; running thence south 70 feet, more or less to the north side of Auburn Avenue and the point of beginning; being improved property and having a building located thereon known as No. 312 Auburn Avenue, N.E., according to the present system of numbering buildings in the City of Atlanta, Georgia. (Ord. No. 2001-80, § 1, 11-13-01; Ord. No. 2003-100, § 1, 10-14-03; Ord. No. 2016-14(16-O1213), § 1, 5-25-16; Ord. No. 2018-13(18-O1227), § 2, 5-16-18; Ord. No. 2019-32(19-O1282), § 1, 6-12-19; Ord. No. 2020-26(20-O1257), § 1, 4-29-20; Ord. No. 2020-57(20-O1604), § 1, 10-14-20; Ord. No. 2021-40(21-O0594), § 1, 8-25-21; Ord. No. 2023-42 (23-O1168), § 1, 12-4-23; Ord. No. 2024-02 (23-O1686), § 1, 1-17-24)

Sec. 10-93.1. Exemptions for the sale of alcoholic beverages by the package in certain retail commercial areas on Peachtree Road.

Any applicant for a license to sell alcoholic beverages, including beer, wine and distilled spirits, by the package shall be exempt from the distance requirements provided for in subsections 10-88.1(a) and 10-88.1(b) of the City Code of Ordinances if the location for which the license is being sought meets each of the following requirements:

Sec. 10-94. Certain areas exempt from distance restrictions for sale for consumption on premises.

All that tract or parcel of land lying and being in Land Lot 42 of the 14th District of Fulton County, Georgia, as shown on that survey for Grant-Hill LLC and Old Republic National Title Insurance Company prepared by Conroy & Associates, P.C., bearing the seal and certification of Daniel F. Conroy, GeorgiaRegistered Land Surveyor No. 2350, said survey drawn May 31, 2007 and last revised June 10, 2007, to which survey reference is hereby made for a complete and accurate legal description and being more particularly described as follows:

TO FIND THE TRUE POINT OF BEGINNING, commence at the intersection of the southerly right-of-way line of Grady Avenue (abandoned) and the westerly right-of-way line of Grant Street (50 foot right-of-way); thence run southwesterly a distance of 457.00 feet along the westerly right-of-way of Grant Street to an iron pin found in concrete and THE TRUE POINT OF BEGINNING; continue thence along said westerly right-of-way line South 00 degrees 16 minutes 03 seconds West a distance of 560.58 feet to an iron pin found (1/2 inch rebar); leaving said westerly right-of-way of Grant Street, run thence South 89 degrees 51 minutes 38 seconds West a distance of 307.14 feet to an iron pin found (mark on wall) on the easterly line of a 15 foot alley (not open); thence run along the easterly line of the 15 foot alley North 00 degrees 00 minutes 22 seconds East a distance of 561.75 feet to an iron pin found (1/2 inch rebar); leaving said easterly line of the 15 foot alley, thence run South 89 degrees 55 minutes 17 seconds East a distance of 309.69 feet to an iron pin found in concrete and THE TRUE POINT OF BEGINNING. Said parcel of land being known as 1035 and 1039 Grant Street, Atlanta, Georgia 30315 according to the current system of numbering property in the City of Atlanta, Fulton County, Georgia.

All that tract or parcel of land lying and being in Land Lot 42 of the 14th District of Fulton County, Georgia, and being more particularly described as follows:

Beginning at an iron pin found on the North right-of-way line of the Atlanta and West Point Railroad with its intersection with the West right-of-way of Grant Street; thence South 89 degrees 59 minutes 17 seconds West a distance of 81.01 feet to an iron pin found; thence North 00 degrees 37 minutes 33 seconds East a distance of 50.15 feet to an iron pin found; thence South 89 degrees 48 minutes 24 seconds West a distance of 424.31 feet to an iron pin found; thence North 00 degrees 16 minutes 08 seconds East a distance of 121.83 feet to an iron pin found; thence North 89 degrees 48 minutes 24 seconds East a distance of 200.20 feet to an iron pin set; thence North 00 degrees 05 minutes 43 seconds East a distance of 29.8 feet to an iron pin set; thence South 89 degrees 53 minutes 25 seconds East a distance of 307.2 feet to an iron pin found; thence south 00 degrees 55 minutes 43 seconds West a distance of 200.44 feet to an iron pin found and point of beginning, all as more particularly shown on a survey for Jay D. Kessler by Solar Land Surveying Company, dated March 8, 2000.

All that tract or parcel of land lying and being in land lots 106, 118 and 119 of the 14th district, City of Atlanta, Fulton County, Georgia and being more particularly described as follows: Beginning at an iron pin set at the intersection of the southwesterly right-of-way of White Street (r/w varies) and the northwesterly right-of-way of Lee Street (r/w varies), thence departing said southwesterly rightof-way of White Street and proceeding along said northwesterly right-of-way of Lee Street South 33 degrees 11 minutes 05 seconds West a distance of 504.00 feet to a point; Thence South 33 degrees 26 minutes 14 seconds West a distance of 22.35 feet to an iron pin set at the intersection of said northwesterly rightof-way of Lee Street and the northeasterly right-of-way of Louisville and Nashville Railway Company (r/w varies); Thence departing said northwesterly right-ofway of Lee Street and proceeding along said northeasterly right-of-way of Louisville and Nashville Railway Company North 53 degrees 42 minutes 31 seconds West a distance of 280.28 feet to a point; Thence along a curve to the right with a radius of 477.47 feet and an arc length of 77.51 feet, said curve having a chord bearing of North 49 degrees 04 minutes 31 seconds West and a chord distance of 77.42 feet to a point; Thence North 44 degrees 25 minutes 31 seconds West a distance of 676.05 feet to a point; Thence South 36 degrees 15 minutes 31 seconds West a distance of 6.42 feet to a point; Thence North 53 degrees 42 minutes 31 seconds West a distance of 562.70 feet to an iron pin set; Thence departing said northeasterly right-of-way of Louisville and Nashville Railway Company North 36 degrees 17 minutes 29 seconds East a distance of 318.52 feet to an iron pin set on said southwesterly right-of-way of White Street; Thence proceeding along said southwesterly right-of-way of White Street South 54 degrees 06 minutes 42 seconds East a distance of 281.27 feet to a point; Thence South 55 degrees 08 minutes 13 seconds East a distance of 90.55 feet to a point; Thence South 58 degrees 21 minutes 04 seconds East a distance of 84.24 feet to a point; Thence South 60 degrees 55 minutes 03 seconds East a distance of 183.78 feet to a point; Thence South 60 degrees 06 minutes 37 seconds East a distance of 251.81 feet to a point; Thence South 57 degrees 42 minutes 13 seconds East a distance of 127.48 feet to a point; Thence South 57 degrees 00 minutes 51 seconds East a distance of 73.24 feet to a point; Thence along a curve to the left with a radius of 409.28 feet and an arc length of 46.56 feet, said curve having a chord bearing of South 53 degrees 33 minutes 25 seconds East and a chord distance of 46.53 feet to a point; Thence South 56 degrees 48 minutes 55 seconds East a distance of 424.40 feet to a point, said point being the TRUE POINT OF BEGINNING. Said tract contains 643,210 square feet or 14.77 acres and is shown as "parcel 4" on that certain ALTA/ACSM Land Title Survey for SRPF A/Lee & White, L.L.C., A10 capital, LLC, and First American Title Insurance Company, prepared by Travis Pruitt & Associates, Inc., bearing the seal and certification of Jaime F. Higgins, G.R.L.S. No. 2802, dated June 17, 2015, and as last revised October 15, 2015.

All that tract or parcel of land lying and being in Land Lots 221 and 230 of the 17th District of Fulton County, Georgia and consisting of Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 along with a Portion of Lots 4, 5, and 19 Lysmore Subdivision, a Portion of the current 40 foot Right-of-Way of Queen Street (A.K.A. Folger Avenue) (A.K.A. Folger Street) (To be Abandoned) and an Abandoned 10 foot alley (Ordinance No. 2001-22, Section 1, 3-14-01) and being more fully described as follows;

Start at a nail found located at the intersection of the Southwesterly rightof-way of Queen Street (A.K.A. Folger Avenue) (40' R/W) and the East right-ofway of Dunseath Avenue (Apparent 40' R/W) said nail also being the Point of Beginning. Thence from the Point of Beginning and running S58°48'00"E along the said Southwesterly right-of-way of Queen Street a distance of 123.28 feet to a point. Thence leaving the Southwesterly right-of-way and running N31°12'00"E a distance of 40.00 feet to point located along the Joint right-of-ways of the Northeasterly right-of-way of said Queen Street and the Southwesterly right-ofway of Marietta Boulevard (150' R/W). Thence running S59°13'07″E along said Northeasterly right-of-way of Queen Street a distance of 611.68 feet to a point. Thence leaving said Northeasterly Rightof-Way of Queen Street and running S59°13'07″E along the said Southwesterly Right-of-Way of Marietta Boulevard a distance of 227.46 feet to a point. Thence continuing along said Southwesterly Right-of-Way and following the arc of a curve to the left an arc distance of 247.80 feet (said arc having a radius of 3,774.58 feet, a chord bearing of S61°24'58″E and a chord distance of 247.75 feet) to a rebar set located at the intersection of the said Southwesterly right-of-way of Marietta Boulevard and the Northwesterly rightof-way of La Dawn Lane (Formerly Bolton Road) (Formerly Old Marietta Road) (40' R/W). Thence leaving said Southwesterly right-of-way and running S71°03'53″W along said Northwesterly right-of-way of La Dawn Lane a distance of 318.60 feet to a rebar set located at the intersection of the said Northwesterly right-of-way of La Dawn Lane and the Northeasterly right-of-way of Queen Street (A.K.A. Folger Street) (40' R/W). Thence leaving said intersection and running S79°52'13″W a distance of 40.42 feet to a rebar set located at the intersection of the Southwesterly right-of-way of said Queen Street and the North right-of-way of said LaDawn Lane. Thence running S87°55'05″W along said North right-ofway of LaDawn Lane a distance of 330.00 feet to a point. Thence running S87°50'43″W along said North right-ofway a distance of 95.41 feet to a rebar found. Thence running S88°41'54″W along said Right-of-Way a distance of 100.00 feet to a point. Thence running S88°16'54″W along said right-of-way a distance of 100.00 feet to a point. Thence leaving said North right-of-way of La Dawn Avenue and running N00°55'18″W a distance of 192.58 feet to a point. Thence running N00°36'36″W a distance of 100.92 feet to a point. Thence running N88°52'47″W a distance of 99.84 feet to a point located along the East right-of-way of Dunseath Avenue (Apparent 30' R/W at this Point). Thence running N05°27'47″E along said Apparent East right-of-way a distance of 59.09 feet to a point located along the Southwesterly line of said Abandoned Alley. Thence running N00°07'06″W along said Apparent East right-of-way a distance of 353.64 to said nail found and the Point of Beginning.

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 181 OF THE 15th DISTRICT OF ATLANTA, DEKALB COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

To reach the Point of Beginning, start at a point located at the intersection of the South Right-of-Way of Memorial Drive (R/W Varies) and the East Right-of-Way of Third Avenue (50'R/W) (as Presently Located). Thence running East along the said South Right-of-Way of Memorial Drive a distance of 589.40 feet to a nail set located in concrete and the Point of Beginning. Thence from the Point of Beginning and leaving said South Rightof-Way of Memorial Drive and running S21°45'56″E a distance of 162.80 feet to a nail set located in an asphalt drive. Thence running S89°45'45″E a distance of 25.50 feet to a point located in said asphalt drive. Thence leaving said drive and running S15°33'56″E a distance of 76.86 feet to a point. Thence runing N87°26' 19″W a distance of 86.94 feet to a point. Thence running N40°54'47″W a distance of 21.83 feet to a point. Thence running N28°59'58'W a distance of 20.48 feet to a point. Thence running 23°28'01 6W a distance of 20.04 feet to a point. Thence running N09°02'306W a distance of 30.54 feet to a point. Thence running N00°46'006W a distance of 28.89 feet to a point. Thence running N07°19'086W a distance of 29.13 feet to a point. Thence running N11°19'30'W a distance of 28.79 feet to a point. Thence running N00°16'206E a distance of 41.31 feet to a point. Thence running N24°22'046E a distance of 12.77 feet to a point located along the said South Right-of-Way of Memorial Drive. Thence running S89°10'01E along said Right-of-Way a distance of 20.75 feet to nail set and the Point of Beginning.

ALL that tract or parcel of land lying and being in Land Lot 37 of the 14th District of Fulton County, Georgia, and being more particularly described as follows:

COMMENCING on the southeastern side of Browns Mill Road where the same is intersected by the center line of South River; running thence northeasterly along the southeastern side of Browns Mill Road 150 feet to a point; thence in a southeasterly direction 310 feet more or less to a point in the northwesterly line of property acquired by the City of Atlanta from Golf View, Inc. by deed dated July 11, 1966, recorded at Deed Book 4612, page 515, Fulton County Records; running thence southeasterly along the northwesterly line of said City of Atlanta property 150 feet to the center of South River; thence northwesterly along the center of South River and the northeasterly line of said City of Atlanta property 315 feet more or less to the point of beginning.

ALL that tract or parcel of land lying and being in Land Lot 37 of the 14th District of Fulton County, Georgia, and being more particularly described as follows:

TO Find the point of beginning, commence at a point on the southern side of McWilliams Road (the southern side of McWilliams Road being established as being located seven feet south of the south side of the present pavement on McWilliams Road); said point being located in the intersection formed by the southern side of McWilliams Road with the projection southwardly of the center line of Browns Mill Road, crossing the intersection of said Browns Mill Road and McWilliams Road, the said Browns Mill Road having a right of way of 40 feet; thence westerly along the southern side of McWilliams Road 29.5 feet to an iron pin at the POINT OF BEGINNING: running thence south 316.28 feet to an iron pin; thence easterly 100 feet, more or less, to an iron pin; thence north 310.9 feet to an iron pin in the south side of McWilliams Road; thence west along the south side of McWilliams Road 100 feet to an iron pin at the point of beginning; said described property being a part of that set out in Warranty Deed from Golf View, Inc., the City of Atlanta, dated July 11, 1966, recorded in Deed Book 4612, page 515, Fulton County Records.

All those tracts or parcels of land lying and being in Land Lots 96, 117, 118, and 138 of the 17th District of Fulton County, Georgia, same being shown on plat of survey of Chastain Memorial Park, dated July 1956, and February 1961, prepared by Ernest L. Boggus, Professional Engineer and Surveyor, and more particularly described as follows:

TRACT 1. BEGINNING at a point five feet east of the curb line of Powers Ferry Road on the southern land lot line of Land Lot 117; thence on a line parallel to and five feet east of the eastern curb line of Powers Ferry Road northwesterly along said road a distance of 6075.5 feet to Stella Drive; thence northeasterly along Stella Drive on a line parallel to and ten feet east of the eastern curb line a distance of 800 feet to an iron pin, said pin being located on the northern land lot line of Land Lot 118; thence north 89 degrees 45 minutes east along said land lot line 1166.5 feet to an iron pin; thence north 89 degrees 21 minutes east a distance of 913 feet to the center line of Dudley Lane; thence south easterly along said center line a distance of 530 feet to the center line of West Wieuca Road; thence easterly along said center line a distance of 190 feet to a point where the western right of way of Lake Forrest Drive intersects the center line of West Wieuca Road; thence south along the western right of way of Lake Forrest Drive a distance of 3781.2 feet to a point; thence following the western right of way of Lake Forrest Drive southwesterly and southeasterly around a curve a distance of 1150 feet to an iron pin; thence south 46 degrees 51 minutes west a distance of 487.8 feet to an iron pin; thence south three degrees 33 minutes west a distance of 289 feet to an iron-pin; thence south 68 degrees 47 minutes west a distance of 180 feet to a point; all in accordance with said plat.

But excepting from the above described property the White Alms House property shown as Tract 3 and the Colored Alms House property shown as Tract 4 on said plat and plat and more particularly described as follows:

TRACT 3. WHITE ALMS HOUSE PROPERTY; BEGINNING at a point on the north side of West Wieuca Road 683.3 feet east from Powers Ferry Road; thence north six degrees 30 minutes west 300 feet to an iron pin; thence north 42 degrees 16 minutes west 328 feet to an iron pin; thence north 47 degrees 30 minutes east 210 feet to an iron; thence south 42 degrees 30 minutes east 117 feet to an iron pin; thence north 70 degrees 20 minutes east 326.8 feet to an iron pin; thence south 61 degrees 57 minutes east 397.9 feet to the northwest side of West Wieuca Road; thence along the northwest side of West Wieuca Road in a southwesterly direction 868.05 feet to the point of beginning. Same being located in LL 118 of the 17th District, Fulton County, Georgia, as shown on plat made by Ernest L. Boggus, Professional Engineer, dated February, 1961.

TRACT 4. COLORED ALMS HOUSE PROPERTY: BEGINNING at a point on the north side of West Wieuca Road 795.6 feet west from the center line Dudley Lane; thence in a westerly direction along the north side of West Wieuca Road 330 feet to a point; thence south 65 degrees eight minutes west 71.1 feet to an iron pin; thence north four degrees eight minutes east 228.6 feet to an iron pin; thence north 14 degrees 47 minutes west 222 feet to an iron pin; thence north 62 degrees 12 minutes east 273 feet to an iron pin; thence south 22 degrees east 472.7 feet to the north side of West Wieuca Road, the point of beginning. Same being located in LL 118 of the 17th District, Fulton County, Georgia, as shown on plat made by Ernest L. Boggus, Professional Engineer, dated February, 1961.

Also conveyed hereby is Tract 2 as shown on aid plat, being more particularly described as follows:

TRACT 2. BEGINNING at the point of intersection of the south line of Land Lot 96 with the southwest side of Lake Forrest Drive and running thence north 21 degrees 40 minutes west along the southwest side of Lake Forrest Drive a distance of 408 feet to an iron pin; thence south 60 degrees 57 minutes west a distance of 355.1 feet to an iron pin; thence south one degree 40 minutes east a distance of 213.4 feet to an iron pin at the southwest corner of said Land Lot 96 a distance of 149 feet to the southwest side of Lake Forrest Drive and the point of beginning.

Copies of said plat of survey of Chastain Memorial Park, dated July 1956, and February 1961, prepared by Ernest L. Boggus, Professional Engineer and Surveyor, are on file in the office of Clerk of Commissioners of Roads and Revenues of Fulton County and office of Land Agent, City of Atlanta.

PARCEL ONE: All that tract or parcel of land lying and being in Land Lot 184 of the 14th District of Fulton County, Georgia, being Lots 1, 2, 3, 4, 5, 6, 7, 8 and a part of lot 9 in Block 20 of the Cascade Heights Subdivision according to revised plat by W. J. Nalley, Engineer, dated October 22, 1924, on file in the Office of the Atlanta Title & Trust Company, more particularly described as follows:

BEGINNING at the corner formed by the intersection of the southeastern side of Delowe Street (formerly Toccoa Street) with the southwestern side of Venetian Drive; running thence southwesterly along the south eastern side of Delowe Street 400 feet to Axon Place; thence southeasterly along the northeastern side of Axon Place 135 feet to property now or formally owned by Fulton County; thence easterly along said property line 328 feet to a point lying 20 feet west from the southwest corner of Lot 10, said block; running thence in a northerly direction 250 feet, more or less, to Venetian Drive; thence in a northwesterly direction along the southwest side of Venetian Drive 270 feet, more or less, to Delowe Street at the point of beginning.

PARCEL TWO: All that tract or parcel of land lying and being in Land Lot 184 of the 14th District of Fulton County, Georgia, being part of Lot 11 in Block 27 of the Cascade Heights Subdivision according to revised plat by W. J. Nalley engineer, dated October 22, 1924, on file in the office of Atlanta Title & Trust Company, more particularly described as follows:

BEGINNING at a point on the southwestern side of Axon Place where the southeastern side of Delowe Street (formerly Toccoa Street) would intersect the southwestern side of Axon Place, if extended; thence southeasterly along the southwestern side of Axom Place, and following the curvature thereof, 85 feet, more or less, to the line of the property now or formerly owned by Fulton County, at the southeast corner of Lot 11; thence westerly along the north line of said property 100 feet, more or less, to Axon Place at the point of beginning.

Being the same property conveyed by Ernest W. Bernhardt & Lillie Dell Sawyer Bernhardt to Fulton County by deed dated June 12, 1939, recorded in Deed Book 1718, Page 593, Fulton County Records.

This conveyance is made pursuant to an Act of the General Assembly of Georgia, 1951 Session, approved February 21, 1951, and commonly known as the Plan of Improvement.

All that tract or parcel of land lying and being inland Lot 185 of the Fourteenth (14th) District of Fulton County, Georgia, and more particularly described as follows:

BEGINNING at a point on the North line of said Land lot at the Northwest corner of tract of land conveyed by the Executors of the Will of J. J. Haverty, deceased, to C. E. Harper, by deed dated March 5, 1940, recorded in Deed Book 1776, page 263, Fulton County Records, at the East line of the property now owned by Fulton County, and running thence South along the property now owned by Fulton County 750 feet; thence Northeasterly 959.5 feet to a point on the North line of said Land Lot which is 625 feet East of the beginning point; and thence Westerly along the North line of said Land Lot 625 feet to the point of beginning; said tract being triangular in shape and containing six acres, more or less.

Being the same property conveyed to Fulton County by Geo. L. Wilson and W. O. DuVall by Deed dated April 14, 1945, recorded in Book 2048, Folio 15, Fulton County Records.

This conveyance is made pursuant to an Act of the General Assembly of Georgia, 1951 Session, approved February 21, 1951, and commonly known as the Plan of Improvement.

PARCEL ONE: All that tract or parcel of land lying and being in Land Lot 185 of the 14th District of Fulton County, Georgia, more particularly described as follows:

BEGINNING at a point where the corners of Land Lots 185, 184, 201 and 200 intersect; thence South along the West line of Land 185 1313 feet more or less, to land now or formerly belonging to L. A. Harper, Jr.; thence East 1414 feet, more or less, to the West line of the property now or formerly owned J. J. Haverty; thence North 1298 feet to an iron pin on the South line of Land lot 184 and the North line of Land lot 185; thence West along said Land lot line 1400 feet, more or less, to the point of beginning; containing 40 acres, more or less.

PARCEL TWO: All that tract or parcel of land lying and being five acres of land, more or less, in land Lot 185 of the 14th District of Fulton County, Georgia, more particularly described as follows:

BEGINNING at a point on the West line of said Land Lot 185, 1313 feet, more or less, South from the Northwest corner of said Land Lot, at the Southwest corner of property now or formerly owned by R. W. Davis, Trustee; thence running East 702 feet, more or less; thence running South 287 feet, more or less, and running thence West 7027 feet to an iron pin on the west line of said Land Lot; thence running North along the original Land Lot line between Land Lots 185 and 200, 287 feet to the point of beginning; being the West half of the property described in deed from Ruth B. Madison and Chas. F. Benson to Margaret R. Cannon, dated May 27, 1929, recorded May 28, 1929, in Book 1244 page 408, Fulton County Records.

PARCEL THREE: All that tract or parcel of land lying and being in the Northwest quarter of Land Lot 185 of the 14th District of Fulton County, Georgia, more particularly described as follows:

BEGINNING at the Northwest corner of Parcel Two above described, and running East 702 feet, more or less, to the Southeast corner of Tract #1; thence South 287 feet; thence West 702.5 feet, more or less, to the Southeast corner of Parcel Two above described; thence North along the East line of Parcel Two 287 feet to the point of beginning.

PARCEL FOUR: All that tract or parcel of land lying and being in Land Lots 185 and 186 of the 14th District of Fulton County, Ga., more particularly described as follows:

BEGINNING on the Campbellton Rd., at the Southwest corner of land of W.M. Mayo, and running westerly along the center of Campbellton Rd. to the Willis Mill Rd; thence along M the center of Willis Mill Rd. to the West line of Land Lot 186; thence North on said line to the Southwest corner of Land Lot 185; thence continuing North along the Western boundary of Land Lot 185 a distance of 1716 feet, more or less, to the land of L.A. Harper, Jr; thence East along the line of said Harper and Mrs. Verdrie Oastler to the Northwest corner of land now or former owned by W.M. Mayo thence South along the line of Mayo to Campbellton Rd. and the point of beginning.

PARCEL FIVE: All that tract or parcel of land lying and being in Land Lots 185 & 186 of the 14th District of Fulton County, Ga., more particularly described as follows:

BEGINNING on the South line of Land Lot 185 at the Southwest corner of Land of Chas. Connally, which is 1000 feet West of the Southeast corner of Lam Lot 185; running thence West along said South line of Lot 185 439 feet to the Northwest corner of land of R.C. Register (formerly owned by heirs of David Connally); thence South in Land Lot 186 along the West line of R.C. Register, 346 feet, more or less, to Campbellton Rd.; thence West along the Northerly side of Campbellton Rd. 186 feet; thence North in Land Lot 186 & 185, 2053 feet, more or less, to the North line of Booth land, the South line of land formerly owned by J. H. Ewing; thence East 600 feet to the Northwest corner of land of Chas. D. Connally; thence South along the west line of Chas. D. Connally 1650 feet, more or less, to the South line of land Lot 185 am the point of beginning.

All of said tracts contain 129.92 acres, more or less.

Being the same property conveyed by George L. Wilson to Fulton County by Deed dated April 30, 1935, recorded in Deed Book 1548, Page 187, Fulton County Records.

This conveyance is made pursuant to an Act of the General Assembly of Georgia, 1951 Session, approved February 21, 1951, and commonly known as the Plan of Improvement.

All that tract or parcel of land lying and being in Land Lot 184 of the 14th District of Fulton County, Georgia, more particularly described as follows:

BEGINNING at the Southwest corner of Lam Lot 184, and running thence East along the South line of said Lam Lot 250 feet; thence running North on line parallel to West boundary of Land Lot 184 to the Southwest line of the Cascade School property; thence following said line in a Northwesterly then Northeasterly direction to Southern side of Venetian Drive at or near the intersection of Poole Road; thence Northwesterly along the Southern side of Venetian Drive and Poole Road a distance of 358 feet to a point on the West boundary of Land Lot 184; thence South along the West boundary of Land Lot 184 1395 feet to the point of beginning.

Being the same property conveyed by R. W. Davis, Trustee, to Fulton County by Deed dated April 29, 1935, recorded in Deed Book 1553, Folio 333, Fulton County Records.

This conveyance is made pursuant to an Act of the General Assembly of Georgia 1951 Session, approved February 21, 1951, and commonly known as the Plan of Improvement.

All that tract or parcel of land lying and being in Land Lot 184 of the 14th District of Fulton County, Georgia, and more particularly described as follows:

BEGINNING at a point on the Southeastern boundary line of the Cascade School property 200 feet Southwesterly, as measured along the Southeastern boundary line of said property, from Venetian Drive; thence in a Southeasterly direction 300 feet; thence in a Southwesterly direction 175 feet to a point; thence continuing in a Southwesterly but more Westerly direction 45.6 feet to a point; thence continuing West 360 feet to Adams Park; thence North along the East boundary line of said Park, 330 feet, more or less, to the Southwestern boundary line of the said Cascade School property; thence Southeasterly along the Southwestern boundary line of said property 220 feet, more or less, to the South corner of said School property; thence in a Northeasterly direction along the Southeastern bound-ary line of said School property 200 feet to the point of beginning; said tract containing 2.8 acres.

Being the same property conveyed by C. E. Harper to Fulton County by Deed dated May 5, 1941, recorded in Deed Book 1842, Folio 45, Fulton County Records.

This conveyance is made pursuant to an Act of the General Assembly of Georgia 1951 Session approved February 21, 1951, and commonly known as the Plan of Improvement.

All that tract or parcel of land lying and being in Land Lot 201 of the 14th District of Fulton County, Georgia, more particularly described as follows:

BEGINNING at a point on the northeast side of Wilson Road where said road is intersected by the east line of Land Lot 201; thence north along said lam lot line 410.2 feet to the property now or former owned by Mrs. Mildred C. Medlock; thence west along the south side of said property 200 feet to the northeast corner of Lot 3 of the plat hereinafter referred to; thence southwest along the southeast side of said Lot 3 162 feet to Wilson Road; thence southeast along the northeast side of Wilson Road 350 feet to the point of beginning; being known as Lots 4 and 5 of the property of E. W. Wilson as per plat of same made by H. E. watts, C. E., dated August 1946, a copy of which is on file in the office of the Atlanta Title Company.

Being the same property conveyed by James T. Malcolm to Fulton County by Deed dated May 4, 1950, recorded Deed Book 2639, Folio 115, Fulton County Records.

This conveyance is made pursuant to an Act of the General Assembly of Georgia, 1951 Session, approved February 21, 1951, and commonly known as the Plan of Improvement.

All that tract or parcel of land situate, lying and being in Land Lot 185 of the 14th District of Fulton County, Georgia, and more particularly described as follows:

BEGINNING at a point on the property line dividing property of Fulton County (8Charles R. Adams Park8) and the property of Charles D. Connally 412 feet South of the said Charles D. Connally's Northwest corner (said Northwest corner being at an iron pin and fence corner on the Northeast side of Toccoa Street) and running thence in a Southeasterly direction parallel to, and 200 feet Southwest of, Toccoa Street a distance of 1070 feet to a point 200 feet Southwest of Toccoa Street and 200 feet Northwest of Campbellton Road; thence in a Southwesterly direction parallel to, and 200 feet Northwest of, Campbellton Road a distance of 665 feet to the West line of the Charles D. Connally property and the East line of the property of Fulton County ("Charles R. Adams Park"); thence North 17 minutes West along the line dividing said property a distance of 1115 feet to the point of beginning; said tract containing 7.95 acres.

Being the same property conveyed by Charles D. Connally to Fulton County by Deed dated August 17, 1936, recorded in Deed Book 1632, Folio 290, Fulton County Records.

This conveyance is made pursuant to an Act of the General Assembly of Georgia, 1951 Session, approved February 21, 1951, and commonly known as the Plan of Improvement.

Beginning at the Northeast corner of McLendon Street and a 20 foot alley, said corner being located 220 feet East of the Northeast corner of McLendon Street and Mayson Avenue, running thence North 408.9 feet; thence East 150 feet;

thence North 170 feet; thence West 370 feet to Mayson Avenue; thence North along the East side of Mayson Avenue 1880 feet, more or less, to Euclid Avenue; thence East along the South side of Euclid Avenue 980 feet, more or less, to a 40 foot street, known on the plat of the property of Edgewood Park Realty Company as Lula Avenue; thence South along the Western side of said Lula Avenue, 1610 feet to and around the curve of said Lula Avenue; thence Southerly 120 feet; thence Southeasterly 110 feet; thence South 250 feet, more or less, to a 40 foot street shaped like a horse shoe; thence around the curve of said 40 foot street Northwesterly; then westerly/then Southwesterly, then South 700 feet, more or less, to McLendon Street; thence West along the Northern side of McLendon Street 654.4 feet to the point of beginning.

ALL THAT CERTAIN TRACT OR PARCEL OF LAND lying and being in Land Lot 210, 15th District, City of Atlanta, Dekalb County, Georgia, containing 0.58 acres, as shown on that certain ALTA/ACSM Land Title Survey prepared for Alpha Bank & Trust, Clifton Dekalb, LLC and Stewart Title Guaranty Company, prepared by D. Ken Brown, Georgia PLS No. 2377 of Leading Edge Land Services, Project No. G016-05001, dated December 7, 2005, last revised April 11, 2007, and being more particularly described as follows:

BEGINNING, at the intersection of the westerly right-of-way of Clifton Road (50' right-of-way) and the northerly right-ofway of Dekalb Avenue, said point being the POINT OF BEGINNING.

Thence North 76°02'54" West along said northerly right-of-way, 100.10 feet to a 1" open top pipe;

Thence South 01°21'05" East continuing along said right-of-way, 3.36 feet to a point;

Thence continuing along said right-ofway, 66.13 feet along an arc of a curve to the left, said curve having a radius of 2275 feet and a chord of North 72°19'41" West, 66.13 feet to a masonry nail found;

Thence North 02°13'08" East along a line common with Boris, Inc., 157.74 feet to a point;

Thence South 86°45'42" East along a line common with Brian Thomas Gabler and Thomas Jeffrey Crompton, 57.31 feet to a point;

Thence South 00°21'02" East continuing along said common line with Thomas Crompton, 28.42 feet to a point;

Thence North 88°06'50" East continuing along said common line, 96.50 feet to a point on the westerly right-of-way of Clifton Road (50' right-of-way);

Thence South 00°02'40" East along said westerly right-of-way of Clifton Road, 170.00 feet to said POINT OF BEGINNING.

TRACT 1. ALL that tract or parcel of land lying and being in Land Lots 179 & 180, 15th District, City of Atlanta, DeKalb County, Georgia and being more particularly described as follows:

BEGINNING at the intersection of the southern right-of-way of Memorial Drive (R/W varies) and the western right-ofway of East Lake Boulevard (60' R/W); thence along the western right of way of said East Lake Boulevard the following courses and distances: South 00'04'27" East, a distance of 396.72 feet to a point; thence 218.43 feet along the arc of a curve to the left having a radius of 431.02 feet and a chord bearing and distance of South 14'35'33" East 216.10 feet to a point; thence 635.67 feet along the arc of a curve to the right having a radius of 505.30 feet and a chord bearing and distance of South 06'55'42" West 594.58 feet to a point; thence South 42'58'05" West, a distance of 118.91 feet to an iron pin found (1/2" rebar) and the True Point of Beginning; thence continuing along said right-of-way South 4753'58" West, a distance of 139.36 feet to a point; thence 722.62 feet along the arc of a curve to the left having a radius of 470.00 feet and a chord bearing and distance of South 01'08'47" East 653.52 feet to an iron pin found (1/2" rebar); thence leaving said right-of-way and along the property now or formerly belonging to The Housing Authority of the City of Atlanta, Georgia South 7738'02" West, a distance of 175.07 feet to an iron pin found (1/2" rebar); thence South 6730'10" West, a distance of 192.23 feet to an iron pin set (1/2" rebar with a yellow plastic cap stamped "Rochester LSF 0004849); thence South 26'30'42" West, a distance of 384.00 feet to an iron pin set (1/2" rebar with a yellow plastic cap stamped "Rochester LSF 000484') on the northern right-of-way of Glenwood Avenue (R/W varies); thence along said right-of-way North 8727'45" West, a distance of 574.59 feet to a point; thence 528.88 feet along the arc of a curve to the left having a radius of 1055.50 feet and a chord bearing and distance of South 78'10'59" West 523.36 feet to a point; thence South 63'49'42" West, a distance of 125.69 feet to a point; thence 322.73 feet along the arc of a curve to the right having a radius of 669.51 feet and a chord bearing and distance of South 7738'16" West 319.61 feet to a point; thence North 88'33'09" West, a distance of 364.04 feet to a pk nail set in an aluminum washer stamped "Rochester LSF000484"; thence leaving said right-of-way and along the property now or formerly belonging to Eddie Lee Tookes, Jr. North 03'38'54" East, a distance of 448.43 feet to an iron pin found (1/2" rebar); thence along the property now or formerly known as Parkview Subdivision North 88'55'33" East, a distance of 267.38 feet to an iron pin set (1/2" rebar with a yellow plastic cap stamped "Rochester LSF 000484"); thence North 67'25'47" East, a distance of 529.38 feet to an iron pin found (1/2" rebar) thence along the properties now or formerly known as Parkview Subdivision and belonging to the Land Lot 179, LLC North 01'24'28" East, a distance of 1495.24 feet to an iron pin set (1/2" rebar with a yellow plastic cap stamped "Rochester LSF 000484"); thence along the property now or formerly belonging to Domum Equity 2 One, LLC South 29'51'44" East, a distance of 400.63 feet to an iron pin set (1/2" rebar with a yellow plastic cap stamped "Rochester LSF 000484"); thence South 88'28'28" East, a distance of 116.16 feet to an iron pin set (1/2" rebar with a yellow plastic cap stamped "Rochester LSF 000484"); thence along the property now or formerly belonging to the Housing Authority of the City of Atlanta, Georgia South 31'49'53" East, a distance of 411.03 feet to an iron pin found (1/2" rebar); thence North 64'34'16" East, a distance of 647.06 feet to an iron pin set (1/2" rebar with a yellow plastic cap stamped Rochester LSF 000484") on the south side of Lakeside Village Drive (Private); thence continuing along the property now or formerly belonging to The Housing Authority of the City of Atlanta, Georgia and the south side of Lakeside Village Drive (Private) 104.72 feet along the arc of a curve to the left having a radius of 50.00 feet and a chord bearing and distance South 88'29'45" East 86.60 feet to an iron pin found (1/2' rebar); thence South 88'29'45" East, a distance of 1.62 feet to a point; thence 218.83 feet along the arc of a curve to the right having a radius of 300.00 feet and a chord bearing and distance of South 67'35'57" East 214.01 feet to a point; thence South 46'42'09" East, a distance of 347.32 feet to the True Point of Beginning.

TRACT 2. ALL that tract or parcel of land lying and being in Land Lot 180, 15th District, City of Atlanta, Dekalb County, Georgia and being more particularly described as follows:

BEGINNING at the intersection of the southern right-of-way of Memorial Drive (R/W varies) and the eastern right-ofway of East Lake Boulevard (60' R/W); thence along the right-of-way of said East Lake Boulevard the following courses and distances: South 00'04'27" East, a distance of 405.99 feet to a point; thence 188.03 feet along the arc of a curve to the left having a radius of 371.02 feet and a chord bearing and distance of South 14'35'33" East 186.02 feet to a point; thence 711.15 feet along the arc of a curve to the right having a radius of 565.30 feet and a chord bearing and distance of South 06'55'42" West 665.18 feet to a point; thence South 42'58'05" West, a distance of 149.94 feet to a point to an pk nail set (in an aluminum washer stamped "Rochester LSF000484") and the True Point of Beginning; thence leaving said right-of-way and along the property now or formerly belonging to The Housing Authority of the City of Atlanta, Georgia South 47'05'08" East, a distance of 156.18 feet to an iron pin set (1/2" rebar with a yellow plastic cap stamped "Rochester LSF000484"'); thence South 10'39'26" East, a distance of 156.42 feet to a pk nail set in an aluminum washer stamped "Rochester LSF000484"); thence North 78'36'13" East, a distance of 399.42 feet to an iron pin found (1/2" rebar); thence along the property now or formerly belonging to Educational Real Estate, LLC. South 00'19'16" West, a distance of 294.82 feet to an iron pin set (1/2" rebar with a yellow plastic cap stamped "Rochester LSF000484"); thence along the property now or formerly belonging to The Housing Authority of the City Atlanta, Georgia North 89'42'37" West, a distance of 70.00 feet to an iron pin set (1/2" rebar with a yellow plastic cap stamped "Rochester LSF000484"); thence South 00'30'49" West, a distance of 45.92 feet to an iron pin found (1/2" rebar); thence North 89'51'02" West, a distance of 518.05 feet to an iron pin found (1/2" rebar); thence North 19'46'56" West, a distance of 49.11 feet to an iron pin found (1/2" rebar); thence North 89'51'07" West, a distance of 94.91 feet to a pk nail found on the eastern right-of-way of said East Lake Boulevard; thence along said rightof-way 423.87 feet along the arc of a curve to the right having a radius of 410.00 feet and a chord bearing and distance of North 13'16'55" East 405.25 to a point; thence North 42'53'58" East, a distance of 108.26 feet to the True Point of Beginning.

Being all that tract or parcel of land lying and being in Land Lot 54, 14th District, City of Atlanta, Fulton County, Georgia and being more particularly described as follows:

BEGINNING at the point of intersection of the easterly right-of-way line of Reed Street (having a 30' right-of-way) and the southerly right-of-way line of Georgia Avenue (having a 60' right-of-way); thence, from said Point Of Beginning as thus established and running with the aforesaid right-of-way line of Georgia Avenue South 88 ° 57' 21 " East, 185.80 feet to a building corner found at the intersection with the westerly right-ofway line of Terry Street (having a 30' right-of-way); thence, leaving the aforesaid right-of-way line of Georgia Avenue and running with the said right-of-way line of Terry Street South 01 ° 25' 30" West, 140.32 feet to the north side of a public alley; thence, leaving the aforesaid rightof-way line of Terry Street and running with the said Public Alley North 88 ° 57' 21" West, 92.36 feet; thence, leaving the said Public Alley South 01 ° 22' 02" West, Supp. No. 95, Update 2 9.76 feet; thence, South 01 ° 22' 02" West, 9.58 feet; thence, running with property now or formerly owned by ARCOS FAI-A, LLC per Deed Book 59547, Page 228, Deed Book 59547, Page 256, Deed Book 59547, Page 265, Deed Book 59547, Page 274 and Deed Book 59547, Page 438 as recorded among the Land Records of Fulton County, Georgia South 59 ° 54' 58" west, 23.43 feet; thence, North 29 ° 34' 57" West, 25.10 feet; thence, North 01 ° 02' 21" East, 5.02 feet; thence, North 89 ° 07' 44" West, 60.17 feet to a point on the aforesaid right-of-way line of Reed Street; thence, leaving the aforesaid Public Alley and running with the said right-of-way line of Reed Street North 00 ° 49' 45" East, 5.02 feet; thence, North 01 ° 18' 17" East, 140.32 feet to the Point Of Beginning, containing 27,121 square feet or 0.6226 acres of land, more or less.

ALL THAT TRACT OR PARCEL OF LAND lying in and being in land lot 78 of the 14th District of Fulton County, City of Atlanta, Georgia, and being more particularly described as follows:

BEGINNING, at an Iron Pin Set at the intersection of the South right of way Luckie Street, (public right of way width varies) and the East right of way of Centennial Olympic Park Drive (public right of way width varies), said point being the true point of beginning; thence along the said right of way of Luckie Street S 59'49'51" E a distance of 131.60' to a nail set; thence leaving the said right of way and continuing S 30'18'06 W a distance of 137.20' to point at a 10' Alley; thence along said alley N 54'53'58" W a distance of 90.70' to a nail set at the right way of way of Nassau Street (public right of way width varies); thence along the said right of way N 15'37'08" W a distance of 37.45' to a nail set at the said right of way of Centennial Olympic Park Drive; thence along the said right of way 22'24'32" E a distance of 104.24; to an iron pin set, which is the true POINT OF BEGINNING.

LAND lying and being in Land Lot 108 of the 17th District, City of Atlanta, Fulton County, Georgia, being more particularly described as follows:

COMMENCE at Monument BFC 04 lying at State Plane Coordinates Northing 1,378,194.1172 and Easting 2,223,416.8937, NAD 83 Georgia West Zone, said monument also described as being located at the intersection of the easterly right-of-way line of Northside Drive (variable right-of-way width) and the southerly right-of-way line of the Norfolk Southern Railroad (variable right-of-way width); thence run North 78°10'07"

East, a distance of 3,288.18 feet to a point, said point being the TRUE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, thence run North 00°43'06" East, a distance of 235.00 feet to a point; thence run South 89°16'54" East, a distance of 489.77 feet to a point; thence run South 44°16'54" East, a distance of 14.14 feet to a point, thence run South 00°43'05" West, a distance of 225.00 feet to a point; thence run North 89°16'54" West, a distance of 499.77 feet to a point, said point being THE TRUE POINT OF BEGINNING.

Said tract containing 2.695 acres and being more particularly shown as "17th Street South Block B" on that certain ALTA/ACSM Land Title Survey of the ATLANTIC STATION® Project, prepared for Atlantic Station, L.L.C., AIG Global Real Estate Investment Corp., CBRE Supp. No. 95, Update 2 Strategic Partners 5 U.S. II, L.L.C., SP5 Atlantic Land Developer, LLC, Parker, Hudson, Rainer & Dobbs LLP and Commonwealth Land Title Insurance Company, prepared by Lowe Engineers, LLC, bearing the seal and certification of William J. Daniel III, G.R.L.S. No. 2257, dated August 5, 2010, last revised December 2, 2010.

All that tract or parcel of land lying in and being located in land lot 177 of the 15th district, Dekalb County, Georgia, and being more particularly described as follows:

Commencing at the intersection of the northerly right-of-way of Metropolitan Avenue (having a publicly dedicated 50-foot right-of-way) and the westerly right-of-way of Flat Shoals Parkway southeast (having a publicly dedicated 50-foot right-of-way), thence leaving said right-of-way of Metropolitan Avenue and continuing along said right-of-way of Flat Shoals Parkway southeast north 38 degrees 12 minutes 24 seconds west a distance of 127.00 feet to a mag nail set, said nail being the true point of beginning.

Thence leaving said right-of-way of Flat Shoals Parkway southeast south 66 degrees 17 minutes 06 seconds west a distance of 167.51 feet to a point; thence south 25 degrees 40 minutes 19 seconds east a distance of 102.47 feet to a 1/2 inch rebar found on said right-of-way of metropolitan avenue; thence continuing along said right-of-way of Metropolitan Avenue south 72 degrees 01 minutes 35 seconds west a distance of 75.16 feet to a 1/2 inch rebar found; thence leaving said right-of-way of Metropolitan Avenue north 15 degrees 43 minutes 42 seconds west a distance of 142.01 feet to a 5/8-inch capped rebar set; thence north 61 degrees 58 minutes 03 seconds east a distance of 50.00 feet to a mag nail set; thence north 61 degrees 36 minutes 50 seconds east a distance of 154.00 feet to a mag nail set on said right-of-way of Flat Shoals Parkway southeast; thence continuing along said right-of-way of Flat Shoals Parkway southeast south 37 degrees 55 minutes 23 seconds east a distance of 64.00 feet to a mag nail set, said nail being the true point of beginning.

Said tract of land contains 0.416 acres (18,135 square feet).

BEGINNING at a " iron pin found at the intersection of the westerly right of way line of Moreland Avenue (U.S. Hwy. #23/S.R. #42, public r/w and varies) and the northerly right of way line of Portland Avenue (50' public r/w) THENCE proceeding westerly along the northerly right-ofway line of Portland Avenue North 89 degrees 38 minutes 55 seconds West for a distance of l50.14 feet to a 1" crimped top pipe found;

THENCE North 89 degrees 51 minutes 49 seconds West for a distance of 49.77 feet to a 1/2" open top pipe found;

THENCE North 89 degrees 43 minutes 19 seconds West for a distance of 50.19 feet to a nail found;

THENCE departing said right-of-way line of Portland Avenue North 00 degrees 25 minutes 12 seconds East for a distance of 150.07 feet to a 1/2" iron pin set;

THENCE North 00 degrees 25 minutes 12 seconds East for a distance of 156.38 feet to a " iron pin set on the southerly right of way line of Glenwood Avenue (public r/w and varies);

THENCE proceeding southeasterly along the southwesterly right of way line of Glenwood Avenue South 83 degrees 31 minutes 11 seconds East for a distance of 50.05 feet to a 1/2" iron pin set;

THENCE South 83 degrees 52 minutes 23 seconds East for a distance of 50.22 feet to a l/2" iron pin set;

THENCE South 60 degrees 25 minutes 45 seconds East for a distance of 20.61 feet to a 1/2" iron pin set;

THENCE South 78 degrees 07 minutes 33 seconds East for a distance of 54.05 feet to a " iron pin set;

THENCE South 76 degrees 30 minutes 21 seconds East for a distance of 39.48 feet to a 1/2" iron pin set at the northwesterly end of the mitered intersection of Glenwood Avenue and the aforementioned Moreland Avenue;

THENCE southeasterly along the miter South 35 degrees 15 minutes 40 seconds East for a distance of 59.78 feet to a " iron pin set on the aforementioned westerly right-of-way line of Moreland Avenue;

THENCE proceeding southerly along the westerly right-of-way line of Moreland Avenue South 00 degrees 11 minutes 31 seconds West for a distance of 45.52 feet to a 1/2" iron pin set;

THENCE South 89 degrees 48 minutes 16 seconds West for a distance of 28.63 feet to a l/2" iron pin set;

THENCE South 00 degrees 52 minutes 45 seconds East for a distance of 7.13 feet to a 1/2" iron pin set; THENCE South 89 degrees 48 minutes 52 seconds East for a distance of 28.50 feet to a " iron pin set;

THENCE South 00 degrees 11 minutes 31 seconds West for a distance of 64.08 feet to a 1/2" iron pin set;

THENCE South 89 degrees 45 minutes 38 seconds East for a distance of 5.60 feet to a 1" open top pipe found;

THENCE South 00 degrees 27 minutes 50 seconds West for a distance of 50.43 feet to a 1" open top pipe found;

THENCE South 00 degrees 22 minutes 45 seconds West for a distance of 50.03 feet to a " iron pin found at the intersection of the aforementioned westerly right of way line of Moreland Avenue and the aforementioned northerly right of way line of Portland Avenue, said " iron pin found being THE POINT OF BEGINNING.

ALL THAT TRACT OR PARCEL OF LAND, Beginning at an iron pin found at the intersection formed by the easterly right of way of Commerce Drive (60 foot right of way) and the northerly right of way of Belle Meade Avenue (50 foot right of way), and running thence in an arc, the radius thereof being 564.877 feet, in a northerly and northeasterly direction along the easterly right of way of said Commerce Drive, and following the curvature thereof, 186.39 feet to a point, the chord of said arc being North 11 degrees 14 minutes 50 seconds East 185.54 feet; continuing thence along the easterly right of way of said Commerce Drive North 20 degrees 41 minutes 59 seconds East 73.13 fee to a point located at the southwesterly corner of property now or formerly of Provident National Assurance Company; running thence along the southerly boundary of said property now or formerly of Provident National Assurance Company South 88 degrees 54 minutes 25 seconds East 339.83 feet to a point located on the westerly boundary of property now or formerly of Aeco Investment corp.; running thence along the westerly boundary of said property now or formerly of Aeco Investment Corp., South 01 degree 42 minutes 18 seconds West 251.51 fee to an iron pin placed on the northerly right of way of said Belle Meade Avenue; running thence North 83 degrees 11 minutes 45 seconds West along the northerly right of way of said Belle Meade Avenue a distance of 245.04 feet to an iron pin; running thence North 88 degrees 26 minutes 45 seconds West, and continuing along the northerly right of way of said Belle Meade Avenue, a distance of 149.36 feet to the iron pin at the easterly right of way of Commerce Drive and the point of beginning.

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL, Land Lot 153 of the 17th District, Fulton County, City of Atlanta, Georgia, and being more particularly described as follows:

Commencing at a concrete monument found at the intersection of the Northern right of way line of Interstate 75 (having a publicly dedicated variable width right of way) and the East right of way line of Howell Mill Road (having a publicly dedicated variable width right of way); Thence leaving said Northern right of way line of Interstate 75 and along said East right of way line of Howell Mill Road North 19 degrees 41 minutes 38 seconds East a distance of 68.28 feet to a concrete monument found, said monument being the TRUE POINT OF BEGINNING.

Thence along said East right of way line of Howell Mill Road the following courses and distances: South 86 degrees 39 minutes 45 seconds West a distance of 16.62 feet to a concrete monument found; along a curve to the left, said curve having a radius of 1710.46 feet, with an arc distance of 150.53 feet, with a chord bearing of North 09 degrees 08 minutes 23 seconds East and a chord length of 150.48 feet to a point; North 07 degrees 33 minutes 27 seconds East a distance of 76.29 feet to a 60d nail found at the intersection of said East right of way line with the South right of way line of an unnamed ally (having a 20 foot wide right of way); Thence along said South right of way line South 89 degrees 02 minutes 31 seconds East a distance of 210.60 feet to a 5/8 inch capped rebar set at the intersection of said South right of way line with the West right of way line of an unnamed ally (having a 10 foot wide right of way); Thence along said West right of way line South 00 degrees 33 minutes 12 seconds West a distance of 285.04 feet to a 1/2 inch rebar found; Thence leaving said West right of way line South 51 degrees 03 minutes 32 seconds West a distance of 24.54 feet to a 1 inch crimp top pipe found; Thence North 24 degrees 08 minutes 37 seconds West a distance of 86.42 feet to a one inch open top pipe found;

Thence South 87 degrees 56 minutes 28 seconds West a distance of 78.55 feet to a 5/8 inch rebar found; Thence North 87 degrees 04 minutes 38 seconds West a distance of 92.35 feet to a concrete monument found, said monument being the TRUE POINT OF BEGINNING.

Said tract of land contains 1.221 Acres (53,206 square feet).

Sec. 10-95. Exemption for expansion of preexisting location.

Any applicant for a license for the sale of alcoholic beverages for consumption on the premises, which application includes an expan-sion of a preexisting licensed location, shall not be required to comply with the distance requirements set forth in sections 10-88. (Code 1977, § 14-2059)

Secs. 10-96—10-105. Reserved.

Subdivision III. Renewal, Revocation and Transfer

Sec. 10-106. Annual renewal; forms.

Editor’s note—It should be noted that § 2 of Ord. No. Ord. No. 2012-54(12-O-1736) provides, "That this ordinance shall become effective June 1, 2013."

Sec. 10-107. License constitutes grant or privilege.

All licenses in this division shall be a mere grant or privilege to carry on the business during the term of the license, subject to all the terms and conditions imposed by the Charter and related state laws, applicable sections of this Code and other ordinances of the city relating to these businesses. (Code 1977, §§ 14-2082(a), 14-2121)

Sec. 10-108. Return of fee for revocation.

If a license required under this division is revoked, the licensee shall not be entitled to a return of the unearned license fee. (Code 1977, § 14-2121)

Sec. 10-109. Procedures.

¢ ¢ Sec. 10-109.1. Penalties for due cause findings by the license review board and penalties imposed by the mayor.

Sec. 10-110. Automatic revocation of city license upon revocation of state license.

Whenever the state shall revoke any permit or license to manufacture or sell at wholesale or retail any alcoholic beverages, the city license to manufacture or deal in these products shall thereupon be automatically revoked without any action by the council or any municipal officer. (Code 1977, § 14-2084)

Sec. 10-111. Removal of signs after revocation.

When any license for selling alcoholic beverages is revoked, all signs indicating that those beverages may be sold or purchased shall be removed from the place of business, both outside and inside. The department of police shall enforce this section. (Code 1977, § 14-2085)

Sec. 10-112. Restrictions upon transfers.

Sec. 10-113. Application for new license at existing licensed location.

Sec. 10-114. Active participation in licensed premises by licensee; transfer of right to operate.

Sec. 10-115. Annual forensic audit.

Secs. 10-116—10-125. Reserved.

Sec. 10-126. Temporary permit for special events.

Sec. 10-126.1. Reserved.

Editor’s note—Ord. No. 2004-64, § 2, approved Sept. 28, 2004, repealed § 10-126.1 in its entirety. Formerly, said section pertained to temporary permit for sale of alcoholic beverages as enacted by Ord. No. 1996-35, § 1, 6-12-96; as amended.

Sec. 10-126.2. Traveling companies providing public entertainment.

Sec. 10-127. Temporary permit for nonprofit civic organizations.

Sec. 10-128. Approved outdoor festivals.

Cross reference—Outdoor festivals, § 138-186 et seq.

Sec. 10-129. Wine tastings.

Upon filing an application and payment of a filing fee of $100.00 and a permit fee of $250.00 per day and after investigation by the department of police and review by the license review board, the mayor may issue a permit to a licensed retail package wine dealer or licensed wine wholesaler to hold a wine tasting. The permit shall allow the applicant to provide samples of wine to the public for consumption at a location which meets legal requirements for on-premises consumption, under the following conditions:

Sec. 10-130. Home-brew special events.

Editor’s note—Section 2 of Ord. No. 2014-05(14-O1015), provides, "That Chapter 2, Article II, Division 1, Section 2-45 (Establishment or change in fees; notice to public) is waived to the extent that it is applicable to this ordinance."

Secs. 10-131—10-140. Reserved.

DIVISION 4. EXCISE TAXES* Subdivision I. General Provisions

Sec. 10-141. [Reporting of food sales required.]

following: report sales in even dollars and as a percent of the total, gross food sales in even dollars and as a percent of the total, gross alcoholic beverage sales in even dollars and as a percent of a total, the amount of tax at the percent required under this division, and any other information reasonably related to the operation of the business required by the City of Atlanta. The report shall be accompanied by remittance to the city for all taxes collected or due as shown on the report.

Secs. 10-142—10-150. Reserved.

Subdivision II. Malt Beverages†

Sec. 10-151. Levy; report of sales; payment of tax.

beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold within the city. Each wholesale dealer shall remit to the city on the tenth day of the month next succeeding the calendar month in which the sales were made the amount of excise tax due in accordance with this subdivision.

Sec. 10-152. Tax in addition to other fees and taxes.

The excise tax levied in this subdivision shall be in addition to any license fee, tax or charge imposed upon the business of selling malt beverages at retail or wholesale within the corporate limits of the city. (Code 1977, § 14-2202)

Sec. 10-153. Penalties for late reporting and payment.

The failure to make a timely report and remittance of the tax levied in this subdivision shall render a wholesale dealer liable for a penalty equal to two percent of the total amount due during the first 30 days following the date the report and remittance were due and a further penalty of five percent of the amount of the remittance for each consecutive 30 days or any portion thereof during which the report and remittance are not filed. The filing of a false or fraudulent report shall render the wholesale dealer making the report liable for a penalty equal to 20 percent of the amount of the remittance which would be required under an accurate and truthful report. (Code 1977, § 14-2203)

Secs. 10-154—10-165. Reserved.

Subdivision III. Wines and Distilled Spirits*

Sec. 10-166. Levy.

$ 0.22

0.22

Sec. 10-167. Payment of tax; records; report of sales.

*State law references—Local excise tax on wine, O.C.G.A. § 3-6-60; local excise taxes on distilled spirits, O.C.G.A. § 3-4-80.

Sec. 10-168. Failure to make returns.

If any wholesale dealer fails or refuses to make the returns provided for in this subdivision, the city shall notify the party in writing. If the returns are not made and the taxes levied in this subdivision remitted within five days from date of the notice, the city may withdraw from the wholesale dealer the privilege of doing business in the city by revoking the dealer’s license. Upon the failure to make returns and pay the taxes accrued, the city shall proceed to assess the amount of taxes due under this subdivision from retail .dealers, who have purchased from the wholesale dealer, from the best information available and proceed to collect the taxes as provided by this subdivision for the collection of delinquent taxes.

‘

Sec. 10-169. Penalty for violation.

It shall be a violation of this subdivision for any person to sell at retail within the city any wines or distilled spirits on which the taxes levied in this subdivision have not been paid by the wholesale dealer to the city, as provided under this subdivision, and the dealer shall be subject to the general penalty as provided in section 1-8. (Code 1977, § 14-2224)

Secs. 10-170—10-180. Reserved.

Subdivision IV. Sale of Distilled Spirits by the Drink* .

Sec. 10-181. Definitions.

The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agent means that person designated by a licensee in the licensee’s application for a permit to sell distilled spirits by the drink in the city.

Drink means any distilled spirits not in its original package for consumption on the premises which may or may not be diluted by any other liquid.

Licensee means any person who holds a license from the city to sell distilled spirits by the drink for consumption on the premises.

Monthly period means the calendar month of the year.

Purchase price means the consideration received for the sale of distilled spirits by the drink valued in money, whether received in cash or otherwise, including all receipts, cash, credits and property or services of any kind or nature, and also the amount for which credit is allowed by the licensee to the purchaser, without any deduction therefrom whatsoever.

Purchaser means any person who orders and gives present or future consideration for any distilled spirits by the drink from a licensee.

Tax means the tax imposed by this subdivision. (Code 1977, § 14-2231)

Cross reference—Definitions generally, § 1-2.

Sec. 10-182. Administration.

constitution of this state or the United States for the administration and enforcement of this subdivision and the collection of the taxes under this subdivision.

Sec. 10-183. Violations.

Any person violating this subdivision shall be deemed guilty of an offense and upon conviction thereof shall be punished as provided in section 1-8. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this subdivision is committed, continued or permitted by such person and shall be punished accordingly. (Code 1977, § 14-2242)

See. 10-184. Levy.

There is imposed and levied in addition to all other taxes imposed by law upon every purchase of distilled spirits by the drink in the city a tax in the amount of three percent of the purchase price. (Code 1977, § 14-2232)

State law reference—Maximum tax rate, O.C.G.A. § 3-4-131.

Sec. 10-185. Adding to sales price.

Licensees shall, as far as practicable, add the amount of the tax imposed under this subdivision to the sales price or charge, which shall be a debt from the purchaser to the licensee until paid and shall be recoverable at law in the same manner as other debts. If any licensee shall neglect, fail or refuse to collect such tax upon any, every and all retail sales made by the licensee or the licensee’s agents or employees of alcoholic beverages which are subject to the tax imposed under this subdivision, the licensee shall be liable for and shall pay the tax. (Code 1977, § 14-2233)

Sec. 10-186. Sale of distilled spirits itemized separately.

Every licensee for the sale of distilled spirits by the drink operating a place of business in the city shall, at the time of collecting for food and drinks served, itemize separately the price of distilled spirits served. If the charges for food and drink are satisfied by credit or deferred payment, the payment of the tax to the licensee may be deferred in a like manner; however, the licensee shall be liable therefor at the time and to the extent that such credits are incurred. (Code 1977, § 14-2234)

Sec. 10-187. Due date of taxes.

All taxes collected by any licensee or agent under this subdivision shall be due and payable to the mayor or the mayor’s designee monthly on or before the 20th day of every month next succeeding each respective monthly period, as set forth in section 10-181. (Code 1977, § 14-2235)

Sec. 10-188. Return.

Sec. 10-189. Deficiency determinations.

Sec. 10-190. Determination if no return made.

Sec. 10-191. Penalties and interest for failure to pay.

Any licensee who fails to pay the tax imposed under this subdivision to the city or who fails to pay any amount of such tax required to be collected and paid to the city within the time required shall pay a penalty of 15 percent of the tax or amount of the tax, in addition to the tax or amount of the tax, plus interest on the unpaid tax or any portion thereof as set forth in section 10-191(c). (Code 1977, § 14-2239) ’

Sec. 10-192. Collection of unpaid tax.

Secs. 10-193—10-205. Reserved.

Sec. 10-206. Fingerprinting of employees at adult entertainment establishment selling alcoholic beverages.

Sec. 10-207. Employment of persons with prior convictions.

Sec. 10-208. Entertainment by underage persons.

It shall be unlawful for any person under the age of 18 years to provide entertainment in an establishment licensed under this article unless such person has obtained written permission from such person's legal guardian. (Ord. No. 2010-16(10-O-0466), § 3, 4-27-10)

Sec. 10-209. Hours of operation.

State law reference—Sales on Sunday and Christmas Day, O.C.G.A. § 3-3-20.

Sec. 10-210. Sale on election days.

Pursuant to O.C.G.A. § 3-3-20(b), the sale of alcoholic beverages on election dates is authorized. (Code 1977, § 14-2144)

Cross reference—Elections, ch. 66.

Sec. 10-211. Special entertainment districts.

"(7) Each special event shall last a maximum of seven consecutive days, and no more than two special event permits shall be issued to any applicant in any calendar year, shall not be applicable to special events held within a special entertainment district.

Sec. 10-212. Sale or delivery beyond the licensed premises.

"It is unlawful for any person to remove any alcoholic beverage served here to any area beyond these premises.

Atlanta City Code."

Sec. 10-213. Posting signs at package stores.

"It is unlawful to consume alcoholic beverages on these premises or within 100 feet of this store, except as specifically authorized by law."

Sec. 10-214. Additional rules for nonprofit performing arts theaters, museums and botanical gardens.

Any applicant granted a license under section 10-58 pertaining to the sale of alcoholic beverages for on-premises consumption at nonprofit performing arts theaters, museums and botanical gardens shall, in addition to meeting all other sections of this chapter for the sale of alcoholic beverages, be subject to the following additional rules:

Sec. 10-215. Sanitation; unlawful conduct; fire prevention.

Sec. 10-216. Misrepresentation of alcoholic beverages.

It shall be unlawful for licensees under this article or their agents to add to the contents of a bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. (Code 1977, § 14-2132)

Sec. 10-217. Advertisement of malt beverages or wine.

No licensee operating premises wherein malt beverages, wine or both are sold shall operate lighted electrical signs or devices advertising these beverages or wines, except during the hours that these products are being offered for sale to the public. (Code 1977, § 14-2134)

Sec. 10-218. Exterior advertisements of distilled spirits.

No sign of any kind, painted or electric, advertising any brand or price of distilled spirits shall be permitted on the exterior or in the window of any licensed premises. No placard or sign of any kind which is visible from the exterior of the licensed premises shall make reference to the price of any distilled spirits sold therein; provided, however, that tags showing the prices of individual bottles or containers may be posted with numbers sufficiently large to be clearly visible to the public. (Code 1977, § 14-2140)

Sec. 10-219. Purchase price of drinks credited against admission or cover charge.

No licensee for the sale of alcoholic beverages by the drink shall authorize or permit the purchase price of any alcoholic beverage sold by the licensee to a customer to be credited against any minimum, admission or cover charge imposed upon the customer by the licensee. (Code 1977, § 14-2136)

Sec. 10-220. Employees mingling with customers on licensed premises.

Sec. 10-221. Coin-operated devices and amusement machines on licensed premises where packaged distilled spirits sold.

No retail dealer in distilled spirits by the package shall permit on the premises any slot-machines or mechanical music boxes or pinball machines of any kind or any coin-operated machines or any machines operated for amusement purposes. (Code 1977, § 14-2141)

See. 10-222. Underage persons on licensed premises.

Sec. 10-223. Nondiscrimination in admission or service.

State law reference—Underaged persons on premises that sell alcohol, O.C.G.A. § 3-3-24.1.

Sec. 10-224. Discrimination in admission fees or membership fees; notice of admission charges or membership fees.

Cross reference—Discrimination generally, § 94-66 et seq.

Sec. 10-225. Proof of age.

PROOF OF AGE REQUIREMENT: YOU MAY BE REQUESTED TO SHOW NO MORE THAN ONE CURRENTLY VALID PICTURE IDENTIFICATION WITH NAME AND DATE AFFIXED AS ISSUED BY ANY AGENCY OF GOVERNMENT. MORE THAN ONE IDENTIFICATION MAY BE REQUESTED, IF NO VALID PICTURE IDENTIFICATION IS PRESENTED.

IT IS UNLAWFUL FOR THIS ESTABLISH MENT TO DISCRIMINATE IN ADMISSION TO THESE PREMISES OR IN THE SALE OF PRODUCTS ON ACCOUNT OF A PERSON'S RACE, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, OR NATIONAL ORIGIN.

IF YOU BELIEVE THAT THIS LAW HAS BEEN VIOLATED CALL OR WRITE THE PERMITS SECTION OF THE ATLANTA DEPARTMENT OF POLICE, 175 DECATUR STREET, S.E., ATLANTA, GEORGIA 30303.

Sec. 10-226. Certain promotions prohibited.

Sec. 10-227. Dress codes.

Any retail licensee licensed to sell alcoholic beverages for on-premises consumption who utilizes a dress code in determining who may be admitted to the premises must apply such dress code uniformly to all persons who request admittance to the establishment. Such a dress code must remain consistent on any given date or for any special event and shall not be used to discriminate among patrons. (Code 1977, § 14-2149)

Sec. 10-228. Conduct of employees, entertainers and other persons in certain establishments.

State law reference—Prohibited sexual conduct on premises that serve alcohol, O.C.G.A. § 3-3-40 et seq.

Chapters 11—13 Chapter 14 AMUSEMENTS AND ENTERTAINMENTS* Article I. In General Sec. 14-1.

Manner of gaining entrance to places of amusement, entertainment or exhibition.

Sec. 14-2.

Permit required to own or operate place of public entertainment.

Sec. 14-3.

Reserved.

Sec. 14-4.

Approvals required for permit issuance to theater or assembly hall using electricity.

Sec. 14-5.

Shooting galleries.

Sec. 14-6.

Theatrical performances.

Sec. 14-7.

Reserved.

Sec. 14-8.

Skating and other rinks.

Sec. 14-9.

Game centers.

Sec. 14-10. Crowding at circuses and shows.

Sec. 14-11. Transient theatrical companies using electrical equipment.

Sec. 14-12. Reserved.

Sec. 14-13. Indecent or immoral shows.

Secs. 14-14—14-35. Reserved.

Article II. Boxing and Wrestling Matches Sec. 14-36. Jurisdiction. Sec. 14-37. Duties of Civic Center director. Sec. 14-38. Permit. Sec. 14-39. Bond of promoter. Sec. 14-40. Licensing of promoters, referees, judges and others. Sec. 14-41. Fire protection. Secs. 14-42—14-60. Reserved.

Article III. Motion Picture Theaters Sec. 14-61. Wiring. Sec. 14-62. Smoking, drinking in motion picture machine operating room;

responsibility of operator for condition of room. Sec. 14-63. Persons allowed in motion picture machine operating room. Sec. 14-64. Indecency, lewdness in motion picture theaters. Sec. 14-65. Indecent, immoral vaudeville performances. Sec. 14-66. Obscene motion pictures. Secs. 14-67- -14-85. Reserved.

Article IV. Pool Rooms and Billiard Rooms Sec. 14-86. Sec. 14-87. Sec. 14-88.

Division 1. Generally Applicability of article. Authority of police officers. Condition, arrangement of premises.

♦Charter reference—General powers relative to amusements and entertainments, § l-102(c)(18). Cross references—Businesses, ch. 30; identification of coin-operated vending machines or amusement devices, § 30-1; automobile or motorcycle races, § 30-526 et seq.; Civic Center, § 46-36 et seq.; outdoor festivals, § 138-186 et seq. State law references—Constitutional grant of home rule powers, Ga. Const, art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; amusement rides, O.C.G.A. § 34-12-1 et seq.; billiard rooms, O.C.G.A. § 43-8-1 et seq.; coin-operated amusement machines, O.C.G.A. § 48-17-1 et seq.

Supp. No. 35 Sec. 14-89. Opening and closing hours. Sec. 14-90. Gambling and similar pursuits. Secs. 14-91—14-100. Reserved.

Division 2. License Sec. 14-101. Required; permit prerequisite to issuance. Sec. 14-102. Application. Sec. 14-103. Investigation, report. Sec. 14-104. Rejection of application. Sec. 14-105. Expiration, renewal, transfer. Sec. 14-106. Posting. Sec. 14-107. Revocation. Secs. 14-108—14-130. Reserved.

Article V. Reserved Secs. 14-131—14-170. Reserved.

Article VI. Bungee Jumping Division 1. Generally Sec. 14-171. Definitions. Sec. 14-172. Investigation by police department. Secs. 14-173—14-185. Reserved.

Division 2. License Sec. 14-186. Required. Sec. 14-187. Permits and insurance required. Sec. 14-188. Contents and filing of application. Sec. 14-189. Review. Sec. 14-190. Fee. Sec. 14-191. Term, transfer. Sec. 14-192. Effect of state revocation of permit. Sec. 14-193. Grounds for denial, revocation of license. Secs. 14-194—14-215. Reserved.

Article VII. Burlesque Theaters Division 1. Generally Sec. 14-216. Definitions. Sec. 14-217. Compliance with article required. Sec. 14-218. Hours of operation. Sec. 14-219. Underage persons. Secs. 14-220—14-230. Reserved.

Division 2. License Sec. 14-231. Application. Sec. 14-232. Annual renewal; fee. Sec. 14-233. Effect of applicant's conviction of crime. Sec. 14-234. Location restricted. Sec. 14-235. Adequate parking required. Sec. 14-236. Revocation. Secs. 14-237—14-245. Reserved.

Supp. No. 35 Division 3. Employees Sec. 14-246. Minimum age. Sec. 14-247. Employment of persons convicted of crimes. Sec. 14-248. Fingerprinting. Sec. 14-249. Performers mingling with patrons. Secs. 14-250- -14-300. Reserved.

Article VIII. Lingerie Modeling Studios Division 1. Generally Sec. 14-301. Definitions. Sec. 14-302. Employees. Sec. 14-303. Hours of operation. Sec. 14-304. Minors prohibited. Secs. 14-305- -14-320. Reserved.

Division 2. License Sec. 14-321. Required. Sec. 14-322. Application. Sec. 14-323. Investigation, granting or denial. Sec. 14-324. Grounds for nonissuance. Sec. 14-325. Renewal. Sec. 14-326. Revocation; hearing. Sec. 14-327. Regulations. Sec. 14-328. Physical layout of establishment. Secs. 14-329- -14-350. Reserved.

Division 3. Employee Permit Sec. 14-351. Required. Sec. 14-352. Application; fee. Sec. 14-353. Employees to be fingerprinted. Sec. 14-354. Term. Sec. 14-355. Employers, licensee or management to keep permits. Sec. 14-356. Grounds for nonissuance or revocation. Sec. 14-357- -14-369. Reserved.

Article IX. Dancehalls II Sec. 14-370. Sec. 14-371. Sec. 14-372. Sec. 14-373. Sec. 14-374. Sec. 14-375. Sec. 14-376. Sec. 14-377. Sec. 14-378. Sec. 14-379. Sec. 14-380. Sec. 14-381. Sec. 14-382. Sec. 14-383. Sec. 14-384.

Division 1. Adult Dancehalls Application of this division. Definitions. Duty of operator or manager to enforce article. Adult dancehall license. Multiple licenses allowed. No alcoholic beverages allowed; intoxicated persons. Exceptions. Dancing for hire. Identification requirements for adult dances; penalty. Application. Appearance before the license review board. Grounds for denial or nonrenewal of a license. Revocation. Due cause. Appearance before the license review board.

Sec. 14-385. Issuance to persons with prior convictions. Sec. 14-386. Security personnel. Sec. 14-387. Police supervision. Sec. 14-388. Right of entry for purpose of inspection. Sec. 14-389. Hours of operation. Sec. 14-390. Fees. Sec. 14-391. Date for payment of license fees; prorated fees. Sec. 14-392. Operating without a license; penalty. Sec. 14-393. Violation of a municipal ordinance. Sec. 14-394. Action by the license review board. Sec. 14-395. Severability Secs. 14-396—14-410. Reserved.

Division 2. Teen Dancehalls Sec. 14-411. Application of this division. Sec. 14-412. Definitions. Sec. 14-413. Duty of operator or manager to enforce division. Sec. 14-414. Teen dancehall license. Sec. 14-415. Multiple licenses allowed. Sec. 14-416. Chaperones. Sec. 14-417. Termination time. Sec. 14-418. No alcoholic beverages allowed. Sec. 14-419. Participants. Sec. 14-420. Exceptions. Sec. 14-421. Additional prohibitions—Minors. Sec. 14-422. Dancing for hire. Sec. 14-423. Age restrictions; identification requirements; penalty. Sec. 14-424. Application. Sec. 14-425. Appearance before the license review board. Sec. 14-426. Grounds for denial or nonrenewal of a license. Sec. 14-427. Revocation. Sec. 14-428. Due cause. Sec. 14-429. Appearance before the license review board. Sec. 14-430. Issuance to persons with prior convictions. Sec. 14-431. Security personnel. Sec. 14-432. Police supervision. Sec. 14-433. Right of entry for purpose of inspection. Sec. 14-434. Hours of operation. Sec. 14-435. Readmission fee. Sec. 14-436. Fees. Sec. 14-437. Date for payment of license fees; prorated fees. Sec. 14-438. Operating without a license; penalty. Sec. 14-439. Violation of a municipal ordinance. Sec. 14-440. Action by the license review board. Sec. 14-441. Severability. Secs. 14-442—14-460. Reserved.

See. 14-1. Manner of gaining entrance to places of amusement, entertainment or exhibition.

It shall be unlawful for any person to enter any building, tent or other enclosure used for the purpose of public or private amusement, entertainment or exhibition without the consent of the persons in control thereof or without having first paid the entrance or admission fee fixed by any persons in control thereof. (Code 1977, § 14-3011)

State law reference—Theft of services, O.C.G.A. § 16 8-5.