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200903866 <br />feet; thence North 61 °48'46" East for Sixty -five (65.00) feet to a point on the Easterly <br />line of said Park Reserve; thence running on an assumed bearing of South 28 °31'30" East <br />on the Easterly line of said Park Reserve for Twenty (20.00) feet to the Point of <br />Beginning. <br />Upon which Current Easement Area TLC or its licensee has constructed an outdoor advertising <br />structure; and <br />WHEREAS, Casey's proposes to redevelop the Casey's Tract and certain adjoining <br />properties, and the parties hereto have agreed that the Current Easement Area shall be exchanged <br />for a substituted easement area, and the Grant of Easement shall be amended as herein provided; <br />NOW THEREFORE, in consideration of the premises, the mutual covenants hereinafter <br />set forth and other good and valuable consideration in hand paid, the parties agree as follows: <br />1. The Grant of Easement is hereby amended by deleting therefrom the description <br />of the land hereinabove defined as the Current Easement Area and substituting in lieu thereof the <br />legal description attached hereto as Exhibit "A ", which legal description is intended to define an <br />area (the "Replacement Easement Area ") consisting of a rectangle twenty -seven feet (27') by <br />thirty feet (30') in size, the longer sides of which run parallel to the Northerly boundary of <br />Casey's Tract, and which is centered upon a point (the "Center Point ") that is three and one -half <br />feet (35) South (measured at right angles to the Northerly boundary of the Casey's Tract) of <br />the Northern -most point at which an advertising sign twenty -three feet (23') in width and set <br />parallel to the Northerly boundary of Casey's Tract would have its midpoint, if the ends of such <br />sign were situated fifteen feet (15') from the East right -of -way line of Broadwell Avenue and <br />fifteen feet (15') from and the Westerly right -of -way line of Eddy Street, respectively, measured <br />at right angles thereto. <br />2. In addition to the permanent easement described in paragraph 1 of this <br />Amendment, above, Casey's grants to TLC a temporary, non - exclusive construction easement <br />over and upon a portion of the Casey's Tract (the "Temporary Easement Area ") described as <br />follows: <br />Commencing at the Northeasterly Corner of the Casey's Tract, thence Southeasterly <br />along and upon the Easterly boundary of the Casey's Tract, being also the Westerly right - <br />of -way line of Eddy Street, a distance of Forty (40) feet to the Point of Beginning; thence <br />West perpendicular to Broadwell Avenue, to the Westerly boundary of the Casey's Tract, <br />being also the East right -of -way line of Broadwell Avenue; thence South along and upon <br />said East right -of -way line a distance of fifty (50) feet; thence East, perpendicular to <br />Broadwell Avenue, to the Westerly right -of -way line of Eddy Street; thence <br />Northwesterly along and upon said Westerly right -of -way line to the Point of Beginning; <br />but excluding, however, that portion of said Area consisting of the Replacement <br />Easement Area. <br />Which temporary construction easement is granted for the purpose of allowing TLC, its <br />successors or assigns, to construct, remove, dismantle and/or replace the sign structure on the <br />P' <br />