tifq - Atlanta.4k 03-i-0582 City Council Atlanta Georgia AN ORDINANCE U-03-09 BY ZONING COMIvIITFEE 3-11-03 BE IT ORDAiNED BY THE COUNCIL OF THE CITY OF ATLANTA GEORGIA as follows

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03-i -0582

City Council

Atlanta Georgia

AN ORDINANCE U-03-09

BY ZONING COMIvIITFEE 3-11-03

BE IT ORDAiNED BY THE COUNCIL OF THE CITY OF ATLANTA GEORGIA as

follows

SECTION Under the provisions of Section 16-04.005lI of the Zoning Ordinance

of the City of Atlanta Special Use Permit for Private School is hereby approved

Said use is granted to The Donnellan School Inc and is to be located at 4449 Northside

Drive N.W to wit

ALL THAT TRACT or parcel of land lying and being in Land Lot 161 of the l7District Fulton County Georgia being more particularly described by the attached legal

description

SECTION That this amendment is approved under the provisions of Section 16-

25.003 of the Zoning Ordinance of the City of Atlanta entitled Special Use Permits

Procedural Requirements and the Director Bureau of Buildings shall issue building

permit only in compliance with the applicable provisions of this part The applicable

conditional site plan and any other conditions hereby imposed are enumerated by

attachment The Special Use Permit hereby approved does not authorize the violation of

any zoning district regulations District regulation variances can be approved only by

application to the Board of Zoning Adjustment

SECTION That all ordinances or parts of ordinances in conflict with the terms of this

ordinances are hereby repealed

AUG 182003ADOPTED by the CoUnCil AUG 21 2003

APPROVED by the Mayor

Municipal Clerk MC

7.28.03

CONDITIONSTHE DONNELLAN SCHOOL INC

Special Use Permit SUPApplication No U-03-09

SITE PLAN The site plan entitled Master Plan for the Donnellan High School

prepared by CDH Partners Inc dated 2/24/03 and last revised 5/8/2003 hereafter Site Planshall be made condition of Special Use Permit Application No U-03-09 All development of

the Property advertised for and subject to U-03-09 shall be fully consistent with said Revised

Site Plan except as said Revised Site Plan may be amended in accordance with Paragraph

herein

LANDSCAPE PLAN The Landscape Plan for the Donnellan High School

prepared by CDH Partners Inc identified as Drawing Number L-1 and last revised -f 2.3

hereafter Landscape Plan shall be made condition of Special Use Permit Application NoU-03-09 All development of the Property shall be fully consistent with said Landscape Plan

except as said Landscape Plan maybe amended in accordance with Paragraph herein All

elements located in the buffer zone of said landscape plan shall be completed and fully installed

prior to the first use of any portion of the athletic fields for school purposes Said LandscapePlan shall be in full compliance with the City of Atlanta Tree Ordinance and in addition shall

comply with each of the following minimum requirements

Except where there is an existing encroachment identified on the Site Plan sixty

60 foot continuous buffer zone hereafter buffer zone shall be installed and

properly maintained along the entire southeastern property boundary facing

Northside Chase delineated as side yard and half front yard on the Site Plan

and ii the entire eastern property boundary delineated as rear yard on the Site

Plan Hereafter residential boundaries No land disturbance or tree removal

of any kind shall occur within this defined buffer zone provided that

additional trees fencing and wall materials shall be added to the buffer area as set

forth in these conditions and in the approved Landscape Plan ii dead or

diseased trees and foliage or debris may be removed for safety andlor storm

clean-up purposes iii existing grassed buffer areas may be mowed and ivfence maintenance and repair may be undertaken The buffer zone shall be

marked using stable orange construction fencing no less than feet in height prior

to and maintained during the life of construction All areas shown on the Revised

Site Plan lying between said buffer zone and the boundaries of the existing and

proposed buildings and parking areas shown on the Revised Site Plan shall be

landscaped in accordance with the revised Landscape Plan

Leyland Cypress trees shall be installed within the buffer zone along the

residential boundaries at the locations shown on the Landscape Plan Said trees

shall be minimum of inches in diameter at planting and shall be installed ai

eight 8foot intervals Where practical in order to increase their elevation and

assist in noise reduction said trees shall be mounted upon an earth bank for which

maximum budget of $5000 shall be provided The Donnellan School is

prepared to substitute alternate trees at the request of the NPA provided that the

planted cost of such trees does not exceed the planted cost of the Leyland CyprusIn addition to said buffer plantings maximum of 12 Leyland Cyprus trees shall

be installed during the winter after construction is completed in such location as

is then mutually agreed between the Donnellan School and the NPA to provide

shielding and noise buffering of Building 11 from the properties along the

residential boundaries Evergreen climbing plants shall be planted along those

parts of the fencing bounding Northside Chase and Northside Drive that are not

already shielded by existing evergreen trees shrubs and or other vegetation

foot high black vinyl coated fence shall enclose all residential boundaries at

the location shown on the Landscape Plan linking in with existing fencing so as to

block all pedestrian and vehicular access along the residential boundaries

All trees and landscaping especially within the buffer zone shall be maintained

by the Donnellan School on an annual basis in accordance with good landscape

maintenance practices Existing conditions shall be corrected as noted on the

Landscape Plan

AMENDMENTS The Donnellan School Inc hereafter DS will not request

any administrative amendments that seek to change any of the specific conditions addressed in

this document including the Site Plan and Landscape Plan unless prior written approval of the

President of Northside/ChastainlMt Paran Neighborhood Preservation Association Inc

hereafter NPA is secured by DS DS shall be entitled to seek other administrative site plan

amendments such as minor engineering corrections so long as such other amendments do not

increase the size of the School or any of its facilities or violate any of the provisions of these

conditions

NUMBER OF STUDENTS DS shall be limited to grades 6-12 The maximumnumber of students enrolled at DS shall be strictly limited to total of 320 students No morethan 80 students shall be enrolled in any one grade There shall be no further expansion of the

student population on this or any contiguous site The Donnellan School specifically agrees to

cap the total student population at 320 students and to prohibit any future expansion of the

student body ever on this site or any contiguous property Said maximum student populationshall be incrementally phased in as follows

First year of operation 160 students maximumSecond year of operation 220 students maximumThird year of operation 280 students maximumFourth year of operation and thereafter 320 students maximum

PLAYING FIELX The existing playing fields located on the property the

existing baseball/softball fields and existing tennis courts on the southern portion of the property

are referred to as upper fields and the existing soccer field closest to the rear yard is referred to

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as th lower field may be used by Donnellan High School as recreation area subject to each

of the following restrictions

SIZE The defined fields of play of the playing fields shall not exceed

those depicted on the Revised Site Plan Areas beyond the defined flat surface playing

areas shall be properly maintained as landscaped green space in accordance with the

approved landscape plan set forth in Paragraph

LIGHTING The playing fields shall not be lighted in any manner

SEATING No permanent or temporary bleachers or elevated seating of

any kind shall be established or used on or around the playing fields Temporary use of

portable lawn chairs is acceptable

SOUND DEVICES No loudspeakers horns or amplified sound system

of any kind shall be used in connection with the playing fields Starting guns shall only

be used at formal track meets

HOURS AND USERS

Restriction on both upper and lower fields Except as otherwise

specifically authorized by this condition 5.e the playing fields

may be used only by Donnellan School students enrolled at this

site and absolutely no rental or borrowed or temporary use of the

playing fields by any other party or entity or persons shall occur

including students enrolled at other Donnellan School sites and the

Church of the Holy Spirit save for the normal incidental presenceof visiting teams engaged in competition with the Donnellan

School team No fields shall be used for interscholastic football

ii Restrictions on Other Donnellan School Use Should Grades

and all be enrolled at this location no use will be made of the

athletic fields by Donnellan School students who are not enrolled

at this location Should one or more of Grades or not beenrolled at this location and the total number of enrolled students is

less than 320 the Doimellan School may make two minivan trips

equaling total maximum number of 14 students to this location

on any one school day for each grade or that is not so

enrolled to facilitate use of the fields by such students provided

that the total number of such trips shall not exceed four on any one

day equaling total maximum number of 28 students and further

provided that the total number cf bussed and enrolled students on

site never exceeds 320 mis use shall be within the general hours

permitted for use under these conditions

iii Restrictions on Holy Spirit Church use Holy Spirit Church mayuse the upper fields for its youth group and pre-school during the

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hours of upper fields operation set forth below Use of the lower

field by Holy Spirit Church is prohibited Use of the upper fields

by Holy Spirit shall only be as set forth herein

iv Upper Fields The upper fields may only be used by Donnellan

School students between the hours of 800 a.m and 630 p.mMonday through Thursday between the hours of 800 a.m and

545 on Friday and between the hours of 900 a.m and 445 p.mon Saturday Signs stating these hours shall be posted at the fields

Holy Spirit Church may use the upper fields for their youth group

and pre-school only during the times pennissible for Donnellan

School and for use limited to the Holy Spirit parish members on

Sunday only between the hours of 1000 a.m and 445 p.m Said

use of the upper fields by the Holy Spirit Church shall be limited to

occasional incidental use by individuals or small groups

Interscholastic and interparish league play and other organized

competitive sporting events are prohibited Non-organized

sporting activities by said church on Sunday shall be limited to the

hours of 1000 a.m and 200 p.m Notwithstanding these

restrictions up to six special events per year may be held on the

upper fields by Holy Spirit Church between the hours of 1000

a.m and p.m on Sunday or between the above-restricted hours

Monday through Saturday The neighbors shall be notified of each

said special event as soon as is practicable in advance of such

event

Lower Field The lower field may be used only between the hours

of 800 a.m and 630 p.m Monday through Thursday 800 a.mand 545 p.m on Friday and 900 a.m and 445 p.m on Saturday

No use or activities shall occur on Sunday No more than three

interscholastic competitive games shall be scheduled on the lower

field on Saturday and games and interscholastic sports events shall

not start earlier than 1000 a.m on Saturday No activities of anykind whatsoever shall occur on the lower field outside these

designated hours of operation Notwithstanding these restrictions

up to six events per calendar year held Monday through

Thursday may be extended beyond 630 p.m but not exceeding

900 p.m for rain delays competition finals and similar

occurrences The neighbors shall be notified of each said special

event as soon as is practicable in advance of such event Signs

stating these operating hours shall be posted at the lower field

together with signs prohibiting spectators from standing on or atop

the banks

STORMWATER DRAiNAGE AND DETENTION Stormwater drainage

engineering shall meet or exceed City of Atlanta and State of Georgia standards No new

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stormwater drainage or detention facilities or ponds shall be placed within the buffer zone unless

th City determines that stormwater regulations mandate such encroachment and that no

alternative location outside the buffer zone exists In such event disturbance shall be as limited

as possible If it continues to be used the existing stormwater detention area located near the

southeastern corner of the property shall be re-designed and repaired so as to render it effective

in compliance with all codes and properly maintained Should said existing stormwater

detention area not be used it shall be restored to natural condition Should pond fencing andlor

walls be required stone or brick veneer of type and color to be chosen after good-faith

consultation with homeowners from whose property any part of the pond is visible shall be used

on the exterior side of all exposed walls which shall be capped in matching brick or stone

Should modifications to the location of existing or new stormwater detention or water quality

ponds be required under no circumstances shall they be re-located in the undisturbed buffer

areas except as authorized above All areas surrounding detention facilities and ponds shall be

landscaped to minimize visibility

NON-FIELD LIGHTING All new non-field lighting on the property field

lighting is prohibited by Condition 5.b shall be designed so as to prevent light spill onto any

adjoining residential area

ACCESS No vehicular access to the Property shall be sought constructed or

utilized except as shown on the Revised Site Plan No vehicular access to any adjoining

property except the adjacent acre tract located at the intersection of Mt Paran Road and

Northside Drive that is currently used by Holy Spirit Church shall be constructed or used Nonew vehicular roads shall be constructed in the 60 foot buffer zone Ingress and egress for

faculty students and staff on daily basis shall be from Northside Drive only privately

employed police officer shall be on site during all peak traffic hours to direct traffic entering or

leaving the property on Northside Drive if necessary for safety or traffic control purposes

CONSTRUCTION Exterior construction shall be limited to Monday through

Friday between the hours of 700 a.m and 600 p.m The School shall not authorize construction

staging and traffic on the eastern and Northside Chase sides of the property No construction

activity of any kind shall take place within the undisturbed buffer and setback areas identified on

the Revised Site Plan The School shall designate an authorized construction representative with

seven day per week 24 hour telephone and email contact numbers Said representative shall be

responsible for receiving and promptly responding to any complaints and inquiries regarding

construction activities associated with this SUP

10 DOCUMENT REVIEW The School shall offer to make itself available to meet

with the adjoining neighborhoods homeowners NPA Inc and their professional

representatives in advance of filing the application for site disturbance permit and an

application for building permit The School shall provide at the meeting the opportunity to

review the applications for the site disturbance permit the hydrology study and all hydrology

documents and the building permit prior to submitting them to the City of Atlanta

ii BUILDING NO 11 Building No 11 shall not exceed 24000 square feet and

shall not exceed 35 feet in height as measured from the now-existing grade of the tennis court

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t1poz which said building will be placed to the highest point of the building Said Building 11

1a1l be designed and constructed so as to limit interior lighting visibility from any adjoining

residential property from its northeastern or southeastern elevations Building 11 shall be

oriented and designed so as to require that the main entry and exterior areas of student

congregation shall not face in the direction of Allen Court or Northside Chase

12 OTHER STRUCTURES Structures and Buildings shall be located and

configured only as shown on the Revised Site Plan The combined total gross floor area of all

buildings on this site shall not exceed 60000 square feet No Donnellan School buildings shall

be constructed on any contiguous property All such structures except Building No 11 seeCondition 11 shall remain at or below the size and height existing on the date of issuance of this

SUP and may be replaced with updated buildings provided said updated buildings do not exceed

pre-existing square footage and height and further provided that replacement buildings shall not

be modular metal construction unless faced with an appropriate architectural claddingportable buildings or trailers of any kind No additional buildings or expansions shall be

constructed No trailers or temporary modular buildings shall be used on site for school

operations Building number shall be removed prior to the first occupancy of building 11 and

shall not be replaced Building No if renovated shall not exceed its existing height

13 PARKiNG All required on-site parking spaces required by the City of Atlanta

parking requirements shall be provided No DS parking shall occur on adjacent residential

streets or properties and the administration of the Donnellan School shall enforce this

requirement

14 BLASTING Prior to any blasting activity the School shall enter into

indemnification andlor other appropriate agreements with all adjacent property owners in form

reasonably satisfactory to said residents which agreements shall require that the School take all

necessary and prudent precautions with respect to blasting activity and that the School shall be

fully responsible for any and all damage caused by said blasting including damage to residential

structures as well as other structures such as pools and outbuildings

15 AIR CONDITIONING UNITS All new air-conditioning units shall be located

on the western side of the buildings They shall not be located on any roof unless said roof units

are completely screened and the noise generated by the air-conditioning units is confined to the

site and the adjacent Archdiocese property

16 DUMPSTERS All dumpsters and trash facilities on the Property shall be located

at the location shown on the Revised Site Plan All dumpsters and trash facilities shall be

emptied and/or serviced on Monday through Friday and only between the hours of 700 a.m and

600 p.m All dumpster and trash facilities shall be screened

17 STUDENT DRIVING RESTRICTIONS The School shall develop and put in

place mandatory school policy restricting driving privileges to limited number of students

based upon parking a.af lability

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18 SCHOOL HOURS Except for 10 special school events per academic year no

activities shall extend beyond 900 p.m For more restrictive playing field hours see

19 INTENT OF AGREEMENT The School and neighbors agree to act in good

faith to resolve any issues that may arise regarding these conditions Meetings between the DSHeadmaster and NPA shall occur no less frequently than twice year Said meetings shall occur

in January and June at mutually agreeable place and time

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.Tsill TO 1vL zo ..t tGREt

7-that tract or parl 1rI lyinj and 1i .aC1 Lot

of the 17th jiflrii. Y.Stc.r County Ceurc. being

.ru parLicuierly duiti..--- .is ellowa

1ND TIlE TRUE orr OF ICC1NIINC begin at at rn pin locatedthe conimon corntt- of Lsis3L.ots 137 138 161 and 162 of the

17th DIstrict Fulton County Georgia runninj thence In

1t.crly direction along the northerly line of Land Lot 161 of

th 17th DistrIct FU1LOJi County distance of 490.09 feet to

31 -iron pin COntinuin thence north 89 3U 12 west along the

rtherly lino of Land Lot 161 of the 17th District Fulton

c.o.tY Georgia distance of 590.79 feet to an iron pin said.o pin being the true point of beginning running thence south

25 4il west distnncc of 94.24 feet to an iron pin runningsouth 60 37 34 west distance of 31.20 feet to an

irCfl pin running thence in southwesterly and southerlydirection forming curve to the left e.distancc of 111.03 feetto an iron pin said distar.ce haviAg chord of sooth 33 1522 west distance of 106.85 feet running thence south 53iet distance of 24.91 fcct to an iron pin running thence

.0 southwesterly direction forming curve to the loftdistance of 92.13 feet to an iron pip said distance havingchord of south 12 10 16 west distance of 91.94 footrunning thence south 27 22 west distanco of 179.11fcet to an iron pin running- thence in soutnorly and southc.sstcrly direction faming curve to the left distance ofhG.60 feet to an iron pin naid distance having chord ofsouth l27 Il cast distance of 63.30 fect runr.i.ng thencesouth 43 41 44 east distance of 67.04 feet running ther.co

it southlestorly and southeasterly direction and formingcurve to the left distance of 47.96 foot to an iron pin saiddiLtOnce having chord of south 33 29 wct dltitnco of43.33 feet running thence south 44 48 43 west distance of152.30 feet to an iron pin located on the northeasterly rightofY line of Northsjdc Drive Northsido Drive having 50foot r3ghtofway at soi.i point running thence north 48lr west along the northerly rightofway line of NorthsidcDrive distance of 260.47 feet to an iron pin running thencein northwesterly direction and forming curve-to the rightalong the northeasterly right-c2-way line of Horthsido Drive

distance of 221.09 feet to an iron pin located on the southcasterlY right-ofway line 0-f Mt Paran Road 3t Paran Roadhaying 40 foot right-ofway at said point to on iron pin5id distance having chord of north 28 01 35 west-a distanceof 217.56 feet running thence north 27 56SS east along thesoutheasterly right-of-way line of lit Paran Road distance of184.98 feet to an iron pin running thence in northerly andnorthwesterly direction and forning curve to the lcft alongthe southeasterly rightofway lint- ijf Mt Paron Road distance

228.43 feet to an iron pin 1ocnte at thc point of intersectionthe southeasterly right-ofwv of Mt Pran r.-c.od with thenortherlY land lot lir.c of Lana .ot 361 of the 17th DistrictFultOfl County Georgia said dir having chord of northir 45 23 cast feet running thence south89 34 17 cast alonç nor.--- iine of Land Lot 161 ofthe 17th Pistrict Fu1tc- COW --- tancc of 344.25 foot toiron pin located -i- lisic of Land Lot 161 of17th Ditrjct --lcn Cc -ia said iro pin beingthe TRUE POINT OF nci as Tract 41 consistingof 5.06w acres acc1dinV to rs rvcy for Paul Il3llinaArchbishop of The Ran

-- of Atlar.t prep-by Hartrampf Powofl Jscust 1975

EXHIBITLEGAL DESCRIPTIONPage of

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TO Dv.k1 ILL PW.H T.EEMEHT

that tract or iinrcl of sand tying and 1-.ir L-4 Lo

ot the 17th DitCiCt and Ijeru.j rrC 1artiuLat1i .3escr-.ed

followU

-rC RIND TJI1 TflUI OIIIT 01 FGIHIIThC bC9fl at iron found

the coluoOfl corntr of Land Lots 137 138 161 and 162 of the

7Ih District Yult.na County c.eorgia runninli thence lfl

.tcr3y direction along the northerly line of I.nd List 161

.7t.h District rulton Counly Corgia dItanco of 490.05

to an iron pin said iron p3n boinq the true ont of

.inning running thcncc ciuth 18 53 east thLitancc

1C9.17 ZcCt to an iron lila running thence r.outh 36 30 14

$t diatcncc ci 429.01 tcvL to an iron pin runnntJ thce0uth 6$ 39 36 west dlstar.cc at 25.54 teeS tO

Gontinhlinc hcncc cuth C5 voat Citiina of 9.5C fact

an 1.-on pin running thence nrrth 47 60 s9 west cistancc9.97 feet to an iron pin rtning thence ii Kouthvozor1y

jxuction along the centerline of crech ditCnco of 47 rootrce loss saId diar.sion having the fcllr.wir.g traverse ir.cnd distances south 54 41 west 1D4.1E feet south

00 west 80 feet south 26 00 vest 1.10.43 feet

south 55 21 44 vest 134.46 feet south 70 34 60 west25.61 fcct thence south 61 53 36 west distazcc 4$5.S2

ct to an iron pin located on the nort aty riçht-of-tynr of Northzldc Drive crtis1de.DriVO having .3 foot

jcht-ofway at said point running thcnc north 4$

along hc northeantcr1 riçnt-ofway li of ortct-Svc distance of 267.62 cet to an frofl pin rr.nin thcccth 44 43 easta distance of 152.3B tact to an ircr inrtnnin9 thence In northeasterly and thcnco norter1direction following ctrvo to the left distance or 47.$fcct to an iron pin said distance having chore of north

29 east distanco of 43.33 loot runninv thence north 6344 west distance of 67.04 feet to or iron pin runnicj

ence in northwesterly and northerly direction along curvethe rjht distance of C6.60 foot to an iren pin tai

distance having chord of north 12 37 31 west

of 3.3E feet running thence north 18 27 27 CASt c1st.nce179.t fct so iron pin running t1iance in n0rthr.y

.-nd r.orthwctcr1y direction along curve to the left c3isanceof 92.33 ee te an ircn pin said distanac having corCnorth 12 10 16 seconds east distar.cc of 91.94 footrunnlr.9 thor.ce north 53 1o costa distance of 24.91 fctrunflia thanea In northerly ar.d northe.uterly directic-n farcing

curve to tha right distAnce of 113 .0 to an ircid distanc-t- having chord of north 3$ .2 cast anccof 1G.65 foct running thcnct north 60 I6 COtcf 38.20 teat to an iron pin running ..O

dietanco of 94.24 feet to an iro ane-torLhOI1y line of land Lot 161 of the lth i-it.rccoity runr.ing thence south 119 34 12lan cii Land Lot 163 of the 17th District .J Ito- 1-

50.79 cot to cii iron piTh c-.t ....r

i..f Land Lot 11 of the 17th District said

pan Lanç the TU POT OF BIG3car..stin of 13.715 acres according to U-

Hallinan Archbishop of Thet1anta by Ilartraupf Powell Aest

7eY/. RECEIVED .-\

HAR112OO3.E1JUO

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PROPERTY DESCRIPTION

Being that tract or parcel of land lying in Land Lot 161 of the 17th District of Fulton Coi.inty

Georgia and being more particularly described as follows

TO FIND THE TRUE POINT OF BEGINNING begin at the common corner of Land Lots 137 138161 and 162 of the aforesaid District thence running in westerly direction along the Northerly

line of said Land Lot 161 490.09 1- feet to point thence continuing along the said Land Lot

Line North 89 3412 West 590.79 feet thence leaving said line of Land Lot 161 and running

South 00 25 48 West 51.43 feet to THE TRUE POINT OF BEGINNING of the herein described

tract or parcel of land thence leaving the said POINT OF BEGINNING and running

South 00 25 48 West 42.81 feet thence


111.02 feet along the arc of curve deflecting to the left having radius of 116.21 feet and

chord bearing and distance of South 33 15 22 West 106.85 feet thence


92.12 feet along the arc of curve deflecting to the right having radius of 419.92 feet

and chord bearing and distance of South 12 10 16 West 91.94 feet thence


66.60 feet along the arc of curve deflecting to the left having radius of 61.39 feet and

chord bearing and distance of South 12 37 11 East 63.38 feet thence

South 43 41 44 East 67.04 feet thence

47.96 feet along the arc of curve deflecting to the right having radius of 31 .d5 feet and


10 South 440 48 43 West 148.88 feet thence

11 North 45 11 17 West 12.50 feet thence

12 North 440 48 43 East 30.00 feet thence

13 North 450 48 17West 211.50 feet thence







20 South 55 07 58 East 46.00 feet thence









29 88.18 feet along the arc of curve deflecting to the left having radius of 401.92 ndchord bearing and distance of North 12 1016 East 88.00 feet thence


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3r128 22 feet along the arc of curve deflecting to the right having radius of 134 21 feet

and chord bearing and distance of North 330 15 22 East 123.40 feet thence



34 27.37 feet along the arc of curve deflecting to the left having radius of 17.57 feet and

chord bearing and distance of North 430 06 40 West 24.68 feet thence







chord bearing and distance of South 33 26 33 East 6.16 feet thence











50 29.79 feet along the arc of curve deflecting to the right having radius of 3.95 feet and


51 North 79 16 47 West 56.18 feet to point on the Southeasterly right of line of Mt

Paran Road thence running with the said line of Mt Paran Road



chord bearing and distance of North 27 22 09 East 16.16 feet thence leaving the

aforesaid right of way line of Mt Paran Road and running






59 North 41 06 42 West 33.79 feet to point on the aforesaid right of way lin of Mt Paran

Road thence running with the said line of Mt Paran Road


chord bearing and distance of North 15 59 02 East 25.41 feet thence leaving the

aforesaid right of way line of Mt Paran Road and running



63 South 67 17 20 East 23.83 feet to the POINT OF BEGINNING containing 90793

square feet or 2.0843 acres of land more or less

Property is subject to all easements and rights of way ecorded end urrecorded The description

above is prepared without the benefit of up-to-date boundary survey

Atlanta City Council

Regular Session

030-0582 U-03-09 4449 NORTHSIDE DRIVEPRIVATE SCHOOLADOPT AS ANEND

YEAS 14

NAYSABSTENTIONS

NOT VOTINGEXCUSED

ABSENT

Smith Archibong Moore MitchellStarnes Fauver Martin NorwoodYoung Shook Maddox WillisWinslow Muller Boazman NV Woolard

0300582

RCS 4952

8/18/03223 PM

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Sep- 10 03 025 UJV 404 p.22

tuvr- .t ro vLJr ID iT 1p.4p

that tract or ril 1.re yi nq nail .r.n Lot

of the 17th bitri. .lLc.r County Gurc .i being

nC parLicull7 IutL i..-- .45 Rl1oW

ra rI 1IIE TRUI ioitrr or IiiCflHll4C begin Ot 4in pin located

the conuaon corntr of 137 138 161 and 162 of the

17th District Fulton COuflt Georgia runnirvi thence In

qitcrly direction alone the northerly line of Land Lot 161 of

tjus 17th istrict Fullon County distance of 490.09 feet to

iron pin continuing thence north 8S 344 .12 west ClOflgthe

.1t.herly line of Land Lot 161 of the 17th District Fultori

C.0.tY Georgia distance of 590.79 fcct to z.n iron pin said

j.a pin being the true point of bcginning runnagLhQnCesc.Uth25 4U West distnndc of 94.74 feet an iron pan ru-ning

tICflCO south 60 37 34 west distance of 38.20 foot to an

ron pini runnJ.n thence in southwesterly and southerly

iraetiOa forming curvb to the left a.ditancc of 111.0 fact

to an iron pin said distance having chord of south 33 1522 vest dIstance of 1.06.85 feet running thence south

10 west distance nf 24.91 fct to afl iron pin running thence

-a Southwesterly direction forming curie tO the lctdistance of 92.13 feet to an iron pip said distance having

hcrd of south 12 10 16 west distance of 91.94 footrunning thence south 27 vest ditanea of .79.le

feet to an iron pin running thcnce in southerly and south0scr1Y dircction forming curve to the left distance of

hG.60 feet to an iron pin naid distar.ce having chord of

south 1237 11 east distance of 63.38 f-cut runr.ing thence

50th 43 11 44 east distance of 67.04 foot running thence

southwesterly and southeasterly direction and forming

curve to the left distnnce of 47.96 feat to an iron pirv said

dint having chord of south 33 29 wcat diutanco of

4j.3 feot.r.unn.thg thence south 44 48 43 wost distance of

152.30 fcet to an iron pin located on the northeasterly right0j-ieyline of Harthsidc Drive Korthside Drive having 50foot ripht-ofwLly at snid point running thence north 45 48iv west along the northerly rightofway line of l4orthside

Drive diiitonce of 260.47 foct to an iron pin runnir.g thencenorthwesterly direction and forming curve- to the right

aloflO the northeasterly right-cwsy line of lorthsLdo Drive

distance of 221.09 feat to an iron pin located on the southeasterlY rightof.-way line e1 Mt Poran Road -e Par-on Road

having 40 foot right-of-way at said point to an iron pin5id distance having chord of north 28 01 3B vast-a distance

.217.56 foot -running thence north 27 56SS cast along the

50theastorly right-of-way line of zt aran Road distance

in.98 feet to .iXO pin running thence in northerly end

north5tcrlY airection and orrnir.g curve to the lcft alongsoutheasterly rightofway line- Mt. Paran P.oad

of 228.43 feet to an iron pin loentc at the point of intersection

of the southeasterly righr-ofio- of Mt Varan r.c.od with the

northerlY land lot line of Land Lot 161 of the 17th DistrictFultOfl County Georgia taid d-r having chord of north

19 23 east distance feet running thence southB93 12 cast alonç nor- line of Land Lot 161 of

the 17th District Fulton C0CT tanec of 344.25 foot to

an iron pin located en the r.c- ic of Land Lot 161 of

the 17th District 1t-r.n Cc said iron Ln beingthe TRUE lOINT flC1C ri as Tract consisting

506 acres accidjn to rvcy for raul lIallinan

ttrclibishOp of The Rn cnt oceso of Atlantu prc

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EXHIBIT 5A5

T1T flRCRIPTION

RECEIVED

MAR 112003

JREAU OF

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Sep1Q 03 0251p JJV 404- p.23

jj3jT TO uv..i JI1I ri atT .EIME2T

that tract or 1arccl of lam tyinJ and in Lit

C1 of the 17th DLtricI- and LnU iirC jartittLit1Y ikLcrScd

follows

-j- FIND Till ZEUC ioiirr 01 lUIWiI1UC hocjin at an iron found

the conoOfl cornizr of Land Lut 17 138 IG1 nnd 162 of the

71 Ditrict ruitwi County c.oorgia runninq thncu in

J3tC clirertion a1onj tht northerly line of I..jnd Lft 161

7Lh DistriCt rulton County ujia ditaflLm of 490.05

rot to an iO Pin uid IOfl pin bcinq the true io.nt of

L.crlaflafl9j thence sooth 53 ntt dtance

119.l7 feat to en iron i- running thenec outh 36 30dist-cncc of 29.01 to.-L nn iron pin runn1flç thoo

couth 65 vast dIstance of 25.54 feat to an Iron pinontirnIing thence cith GS ct itnat of 9_SC foot

an icon pin runninq thence nrth 47 09 et citanco

9J.97 feet to an iron in rinincj thence II uthotr1yjruCtiofl along the centurline of CrOO di.ncO 472 et

or loss said djmor.sion haying the fc11ir.g traVcrse 2.irsos

nc distances south 54 11 %loSt 1.04.1k foot south

00 wcst 90 feet south 426 00- tcnt 110.43 foct

tjth 55 21 44 wait 134.f feet south 70 14 40 westfeet thence south 61 SO 36 west staacC 455.52

Ôt to an iron pin 1ocstd on the norteatY riqhtottyof NorthsIe Drive crtsdC.DriVe hVing foot

at said point runnrng thence nort 45 48

att alonO hc nortM or ri it-ofgaY liac of orhs4odistanèe of 267.62 foet to an ron pir r.U thcr.cz

cth 444O 43 eata distance of l92.U feet to on iron pinrnn1t9 thence in northoastcrly nd thcoco nort etat1y

directiOn following ctrvC to the left distance 47.5

fcot to en isor pin said iztor.ce having chord of

33 29 cast distance of 4.33 feet unin thence north 4344Masi istanc of 67.04 feet to Cr iron pin runr.iag

r.encc in northwesterly and northerly diration along ccveto the rijjht distAnCe of C6.60 feet to an Iron pin zajc3

distance having chord of north 12 37 31

3.38 feet running thence north 18 27 22 cast dist.nce

179.18 fot co iron pin xunning tianc in ndrthr.y

nd r.óthcetcr1y diraction alon9 curve tO the loft

of 92.13 feel to an rcn.pin said distance bavin chord

north 12 10 16 sccond east distance of 97.94 Loot

ruflnir.0 ther.co north 53 1Q costa.c1atCe of 24.91 LcrUflfl9 thoiicafn northerly and notthC-.LitCrtY iioctir.n ftrmin

curve to thc riçjht distance of 11 .Q oez to an ircraid stan-t- having chord 61 north .t c-att

of 3G.li ic-ct rurning thcncC nozth 60 44 ontof 38.20 foot to an iron pin runni t._i

dirtance of 4.24 feet to an ro jtIrtline of Land Lot 161 of he 17i_f Zttrc

Ccrty runr.ing thor.cc south 119 3t 12 on .or orlyiñe ci Latid Lot 161 of the 17th 0istrcL .f uit

of S0.79 feet to 011 iron pin c.c-t

.f Lnn1 Lot 361 of the 17th District said

-op t.oinc rc or ncii..istIn of 13.715 .crcs according to ry

h1a1inan Archbishop hc.lanca by Iiartracs3f Pue11

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AGREEMENTU-03-09

This constitutes an agreement made the day of 2003 between THEDONNELLAN SCUOOL INC the Schodl not-for-Qtfit 6rporation organized and

operating under the laws of the State of Georgia aiad the applicant in City of Atlanta Special Use

Permit No U-03-09 and the NORTHSIDE/CHASTAJN/MT PARAN NEIGhBORHOODPRESERVATION ASSOCIATION NC the Association not-for-profit corporation

organized and operating under the laws of the State of Georgia

WBERIEAS the School is the lessee of certain real property located at the northeast

corner of the interseótion of Mount Paran Road and Northside Drive in the City of Atlanta

Georgia which property is more particularly described in the attached Exhibit the

Property and

WHEREAS the School has filed certain application with the City of Atlanta to obtain

special use permit for the Property Application Number U-03-09 the Application and

WHEREAS the Property is located within the boundaries of the Association members

of the Association own real propert that is contiguous to the Property the Association and its

members believe that they will be adversely affected by certain of the changes contemplated by

the Applications and the Association has objected to the Applications and

WUEREAS the School and the Association wish to resolve all of the disputes and issues

that have arisen between them with respect to the Property and the Applications

NOW THEREFORE in cpnsideration of the mutual covenants contained herein and

for other good and valuable consideration the receipt and sufficiency of which are

acknowledgcd by the partiesthe parties agree as follows

Land Use Provisions

The School agrees to be bound by this Agreement in the development of the Property

and the Association agrees to recommend approval of the Application as amended by this

Agreement in writing and before the various NPU and City of Atlanta entities that will consider

the Application To the extent that the terms and conditions of this Agreement are more

restrictive than or are not reflected in the zoning conditions applied to the Property by the Atlanta

City Council the conditions of this Agreement will control

SITE PLAN The site plan entitled Master Plan for the Donnellan High School

prepared by CDH Paraers Inc dated 2/24/03 and last reyised 5/g12003 hereafter Site Plan

shall be made condition of Special Use Permit Application No U-03-09 All development of

the Property adertised for and subject to 11-03-09 shall be fully consistent with said Revised

Site Plan except as said Revised Site Plan may be amended in accordance with Paragraph

herein Said Site Plan is attached hereto as Exhibit and incorporated herein

Sep 10 03 0244p DJV 404- p.13

LANDSCAPE PLAN The Landscape Plan for the Dotm11ari High School

prepared by CDII Partners Inc identified as Drawing Number L-1 and last revised

hereafter Landscape Plan shall be made condition of Special Use Permit Application NoU-03-09 All development of the Property shall be fully consistent with said Landscape Plan

except as said Landscape Plan may be amended in accordance with Paragraph herein Said

Landscape Plan is attached hereto as Exhibit and incorporated herein All elements located

in the buffer zone of said landscape plan shall be completed and fully installed prior to the first

use of any portion of the athletic fields for school purposes Said Landscape Plan shall be in full

compliance with the City of Atlanta Tree Ordinance and in addition shall comply with each of

the folowing minimum requirements

Except where there is an existing encroachment identified on the Site Plan sixty

60 foot continuous buffer zone hereafter buffer zone shall be installed and

properly maintained along the entire southeastern property boundary facing

Northside Chase delineated as side yard and half front yard on the Site Plan

and ii the entire eastern property boundary delineated as rear yard on the Site

Plan Hereafter residential boundaries No land disturbance or tree removal

of any kind shall occur within this defined buffer zone provided that

additional trees fencing and wall materials shall be added to the buffer area as set

forth in these conditions and in the approved Landscape Plan ii dead or

diseased trees and foliage ox debris may be removed for safety andlor storm

clean-up purposes iii existing grassed buffer areas may be mowed and ivfence maintenance and repair may be undertaken The buffer zone shall be

marked using stable orange construction fencing no less than feet in height prior

to and maintained during the life of construction All areas shown on the Revised

Site Plan lying between said bufferzone and the boundaries of the existing and

proposed buildings and parking areas shown on the Revised Site Plan shall be

landscaped in accordance with the revised Landscape Plan

Leyland Cypress trees shall be installed within the buffer zone along the

residential boThidaries at the locations shown on the Landscape Plan Said trees

shall be minimum of inches in diameter at planting and shall be installed at

eight 8foot intervals Where practical in order to increase their elevation and

assist in noise reduction said trees shall be mounted upon an earth bank for which

maximum budget of $5000 shall be provided The Donnellan School is

prepared to substitute alternate trees at the request of the NPA provided that the

planted cost of such trees does not exceed the planted cost of the Leyland Cyprus

Tn addition to said buffer plantings maximum of 12 Leyland Cyprus trees shall

be installed during the winter sifter construction is completed in such location as

is then mutually agreed between the Donneflan School and the NPA to provide

shielding and noise buffering of Buildirig 11 from the properties along the

residential boundaries Evergreen climbing plants shl1 be planted along those

parts of the fencing bounding Northside Chase and Northaide Drive that are not

already shielded by existing evergreen trees shrubs and or other vegetation

-2-

Sep 10 03 0244p UJV 404- p.14

foot high black vinyl coated fence shall enclose all residential boundaries at

the location shown on the Landscape Plan linking in with existing fencing so as to

block all pedestrian and vehicular access along the residential boundaries

All trees and landscaping especially within the buffer zone shall be maintained

by the Dormeflan School on an annual basis in accordance with good landscape

maintenance practices Existing conditions shall be corrected as noted on the

Landscape Plan

AJv The Donnellan School Inc hereafter DS will not request

any admin.isirative amendments that seek to change any of the specific conditions addressed in

this document including the Site Plan and Landscape Plan unless prior written approval of the

President of Nofthside/Cbastainllvlt Paran Neighborhood Preservation Association Inc

hereafter NPA is secured by DS DS shall be entitled to seek other administrative site plan

amendments such as minor engineering corrections so long as such other amendments do not

increase the size of the School or any of its facilities or violate any of the provisions of these

conditions

NtJMBER.OF STUDENTS DS shall be limited to grades 6l2. The maximumnumber of students enrolled at DS shall be strictly limited to total of 320 students No more

than 80 students shall be enrolled in any one grade There shall be no further expansion of the

student population on this or any contiguous site The Donhellan School specifically agrees to

cap the total student population at 320 students and to prohibit any future expansion of the

student body ever on this site or any contiguous property Said maximum student population

shall be incrementally phased in as follows

First ear of operation 160 students maximumSecond year of operation 220 students maximumThird year of operation 280 students maximumFourth year of operation and thereafier 320 students maximum

PLAYING FIELDS The existing playing fields located on the property the

existing baseball/softball fields and existing tennis courts on the southern portion of the property

are referred to as upper fields and the existing soccer field closest to the rear yard is referred to

as the lower field may be used by Donnellan High School as recreation area subject to each

of the following restrictions

SIZE The defined fields of play of the playing fields shall not exceed

those depicted on the Revised Site Plan Areas beyond the defined flat surface playing

areas shall be properly maintained as landscaped green space in accordance with the

approved landscape plan set forth in Paragraph

LIGHTING The playing fields shall not be lighted in any manner

SEATING No permanent or temporary bleachers or elevated seating of

any kind shall be established or used on or around the playing fields Temporary use of

portable lawn chairs is acceptable

-3-

Sep 10 03 0245p DJV 404- p.15

SOUND DEVICES No loudspeakers horns or amplified sound system

of any kind shall be used in connectiOn with the playing fields Starting guns shall on13

be used at formal track meets

HOURS AND USERS

Restriction on both upper and lower fields Except as otherwise

specifically authorized by this condition 5.e the playing fields

may be used only by Doimellan School students enrolled at this

site and absolutely no rental or borrowed or temporary use of the

playing fields by any other party or entity or persons shall occur

including students enrolled at other Donnellan School sites and the

Church of the Holy Spirit save for the normal incidental presence

of visiting teams engaged lxi competition with the Donnellan

School team No fields shall be used for interscholastic football

ii Restrictions on Other Donnellan School Use Should Grades

and ai .be entolled at this location no use will be made of the

athletic fields by Donnellan School students who are not enrolled

at this location Should one or more of Grades or not be

enrolled at this location the total number of enrolled students is

less than 320 the Donnellan School may make two niinivan trips

equaling total maximum number of 14 students to this location

on any one school day for each grade or that is not so

enrolled to facilitate use of the fields by such students provided

that the total number of such trips shall not exceed four on any one

day equaling total maximum number of 28 students and further

provided that the total number of bussed and enrolled students on

_.site never exceeds 320 This use shall be within the general hours

permitted for use under these conditions

iii Restrictions on Holy Spirit Church use Holy Spirit Church mayuse the upper fields for its youth group and pre-school during the

hours of upper fields operation set forth below Use of the lower

field by Holy Spirit Church is prohibited Use of the upper fields

by Holy Spirit shall only be as set forth herein

iv Upper Fields The upper fields may only be used by Donnellan

School students between the hours of 800 a.m and 630 p.m

Monday through Thursday between the hours of 800 a.m and

545 on Friday and between the hours of 900 a.m and 445 p.m

on Saturday Signs stating these hours shall be posted at the fields

Holy Spirit Church may use the upper fields for their youth group

and pre-school only during the times permissible for Donnellan

School and for use limited to the Holy Spirit parish members on

Sunday only between the hours of 1000 a.m and 445 p.m Said

-4-

Sep 10 03 0246p DJV 404- p.16

use of the upper fields by the Holy Spirit Church shall be limited to

occasional incidental use by individuals or small groupsInterscholastic and interparish league play and other organized

competitive sporting events are prohibited Non-organized

sporting activities by said church on Sunday shall be limited to the

hours of 1000 a.m and 200 p.m Notwithstanding these

restrictions upto six special events per year may be held on the

upper fields by Holy Spirit Church between the hours of 1000a.m and p.m on Sunday or between the above-restricted hours

Monday through Saturday The neighbors shall be notified of each

said special event as soon as is practicable in advance of such

event

Lower Field The lower field may be used only between the hours

of 800 a.m and 630 p.m Monday through Thursday 800 a.mand 545 p.m on Friday and 900 a.m and 445 p.m on Saturday

No use or activities shall occur on Sunday No more than three

interscholastic competitive games shall be scheduled on the lower

field on Saturday and games and interscholastic sports events shall

not start earlier than 1000 a.m on Saturday No activities of anykind whatsoever shall occur on the lower field outside these

designated hours of operation Notwithstanding these restrictions

up to six events per calendar year held Monday through

Thursday may be extended beyond 630 p.m but not exceeding

900 p.m for rain delays competition finals and similar

occurrences The neighbors shall be notified of each said special

event soon as is practicable in advance of such event Signs

stating these operating hours shall be posted at the lower field

together with signs prohibiting spectators from standing on or atop

_.the banks

STORMWATER DRAiNAGE AND DETENTION Stormwater drainage

engineering shall meet or exceed City of Atlanta and State of Georgia standards No new

storrnwater drainage or detention facilities or ponds shall be placed within the buffer zone unless

the City determines that stormwater regulations mandate such encroachment and that no

alternative location outside the buffer zone exists In such event disturbance shall be as limited

as possible If it continues to be used the existing stormwater detention area located near the

southeastern corner of the property shall be re-designed and repaired so as to render it effective

in compliance with all codes and properly maintained Should said existing storinwater

detention areanot be used it shall be restored to natural condition Should pond fencing and/or

walls be required stone or brick veneer of type and color to be chosen after good-faith

consultation with homeowners from whose prorerty any part of the pond is visible shall be used

on the exterior side of all exposed walls which shall be capped in matching brick or stone

Should modifications to the location of existing or new stormwater detention or water quality

ponds be rquired under no circumstances shall they be re-located in the undisturbed buffer

areas except as authorized above All areas surrounding detention facilities and ponds shall be

landscaped to minimize visIbility

-5-

Sep 10 03 0247p IJJV 404 p.17

NON-FIELD LIGHTING All new non-field lighting .on the property field

lighting is prohibited by Condition 5.b shall be designed so as to prevent light spill onto any

adjoining residential area

ACCESS No vehicular access to the Property shall be sought constructed or

utilized except as shown on the Revised Site Plan No vehicular access to any adjoining

property except the adjacent acre tract located at the intersection of Mt. Paran Road and

Northside Drive that is currently used by Holy Spirit Church shall be constructed or used No

new vehicular roads shall be constructed in the 60 foot buffer zone Ingress and egress for

faculty students and staff on daily basis shall be from Northaide Drive only privately

employed police officer shall be on site during all peak traffic hours to direct 1rafc entering or

leaving the property on Northside Drive if necessary for safety or traffic control purposes

CONSTRUCTION Exterior construction shall be limited to Monday through

Friday between the hours of 700 a.m and 600 p.m The School shall not authorize construction

staging and traffic on the eastern and Northside Chase sides of the property No construction

activity of any kind shall take place within the undisturbed buffer and setback areas identified on

the Revised Site Plan The School shall designate an authorized construction representative with

seven day per week 24 hour telephone and enaaii contact numbers Said representative shall be

responsible for receiving and promptly responding to any complaints and inquiries regarding

constructiOn activities associated with this SUP

10 DOCUMENT REVIEW The School shall offer to make itself available to meet

with the adjoining neighborhoods homeowners NPA Inc arid their professional

representatives in advance of filing the application fOr site disturbance permit and an

application for building permit The School shall provide at the meeting the opportunity to

review the applications for the site disturbance permit the hydrology study and all hydrology

documents and the building permit prior to submitting them to the City of Atlanta

11 BUILDING NO 11 Building No 11 shall not exceed 24000 square feet and

shall not exceed 35 feet in height as measured from the now-existing grade of the tennis court

upon vhich said building will be placed to the highest point of the building Said Building 11

shall be designed and constructed so as to limit interior lighting visibility from any adjoining

residential property from its northeastern or southeastern elevations Building 11 shall be

oriented and designed so as to require that the main entry and exterior areas of student

congregation shall not face in the direction of Allen Court or Northside Chase

12 OTHER STRUCTURES Structures and Buildings shall be located and

configured only as shown on the Revised Site Plan The combined total gross floor area of all

buildings on thic site shall not exceed 60000 square feet No Donnellan School buildings shall

be constructed on any coiAtlguOUS property All such structures except Building No 11 see

Condition 11 shall remain at or below the size and height existing on the date of issuance of this

SUP and may replaced with updated buildings provided said updated buildings do not exceed

pre-existing square footage and height and further provided that replacement buildings shall not

be modular metal construction unless faced with an appropriate architectural cladding

portable buildings or trailers of any kind No additional buildings or expansions shall be

-6-

Sep 1.0 03 0248p DJV 404- p.10

constructed No trailers or temporary modular buildings shall be used on site for school

operations Building number shall be removed prior to the first occupancy of building 11 and

shall not be replaced Building No if renovated shall not exceed its existing height

13 PARKING All required on-site parking spaces required by the City of Atlanta

parking requirements shall be provided No DS parking shall occur on adjacent residential

streets or properties and the administration of the Donnellan School shall enforce this

requirement

14 BLASTiNG Prior to any blasting activity the School shall enter into

indemnification and/or other appropriate agreements with all adjacent property owners in form

reasonably satisfactory to said residents which agreements shall require that the School take all

necessary and prudent precautions with respect to blasting activity and that the School shall be

fully responsible for any and all damage caused by said blasting including damage to residential

structures as well as other structures such as pools and outbuildings

15 AIR CONDITIONING UNITS All new air-conditioning units shall be located

on the western side of the buildings They shall not be located on any roofunless said roof units

are completely screened and the noise generated by the air-conditioning units is confined to the

site and the adjacent Archdiocese property

16 DUMPSTERS All dumpsters and trash facilities on the Property shall be located

at the location shown on the Revised Site Plan All dumpsters and trash facilities shall be

emptied andlor serviced on Monday through Friday and only between the hours of 700 a.m and

600 p.m All dumpster and trash facilities shall be screened

17 STUDENT DRiViNG RESTRICTIONS The School shall develop and put in

place mandatory school policy restricting driving privileges to limited number of students

based upon parking availability

18 SCHOOL HOURS Except for 10 special school events per academic year no

school activities shall extend beyond 900 p.m For more restrictive playing field hours see

Condition

19 INTENT OF AGREEMENT The School and neighbors agree to act in good

faith to resolve any issues that may arise regarding these conditions Meetings between the DS

Headmaster and NPA shall occur no less frequently than twice year Said meetings shall occur

in January and June at mutually agreeable place and time

11 Deed Covenant

The School agrees that it will execute Declaration of Covenants Conditions ndRestrictions in its lease agreement that restrict the size of the school to no more than 320

students that the Association is third-party beneficiary to said Declaration that said

Declaration shall be expeditiously and duly recorded by the School in Fulton County Superior

Court that said Declaration shall not be amended modified or terminated unless approved in

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Sep 10 03 0248p IJJV 404- p.19

writing by the President of the Association duly authorized and that said Declaration may be

enforced by the Association

The School further agrees that should it purchase the property it will execute

Declaration of Covenants Conditions and Restrictions in its deed documents that restrict the

size of the school to no more than 320 students that the Association is third-party beneficiary

to said Declaration that said Declaration shall be expeditiously and duly recorded by the School

in Pulton County Superior Coui-t that said Declaration shall not be amended modified or

terminated unless approved in writing by the President of the Association duly authorized and

that said Declaration may be enforced by the Association

ifi Specific Performance

The parties agree that it is impossible to measure in money the damages th.t will accrue

by reason of the failure of the School to perform any of the obligations under this Agreement

As the obligations of this Agreement are special unique and extraordinary in character

remedy at law for any breach of any obligation herein will be inadecjuate Consequently if the

School does breach or threaten to breach any of the obligations enumerated herein the

Association shall be entitled in addition to all remedies otherwise available at law or in equity

to institute an action or proceeding to enforce specifically the provisions of this Agreement and

the School against whom such action is brought shall not urge in such action or proceeding the

claim or defense that remedy at law exists and specifically waives any such defense

IV Agreement Binding

This Agreement shall bind the parties and their respective agents successors and assigns

Amendments

This Agreement may not be amended or terminated orally and no amendmenttermination or attempted waiver shall be valid unless in writing and signed by all parties

VI Notices

Any and all notices offers or demands required or permitted to be made under this

Agreement Notices shall be in writing signed by the party giving such Notice and delivered

personally or sent by registered or certified mail to the other party at the address set forth below

or at such other address as the other party may hereafter designate in writing The date of such

Notice shall be the date of the personal delivery seven calendar days after being deposited in

United States postal receptacle for registered or certified mail addressed return receipt

requested posutge prepaid or two business days after delivery to m2ii package air courier

offering service to the address of the intended recipient with shipping prepaid as the case may

be No Notice shall be valid unless there shall be dated receipt evidencing delivery

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Sep 10 03 0249p DJV 404- P.20

Notices to Stephen .M Phillips EsqHendrick Phillips Schenm Salzman

1800 Peachtree Center Tower

230 Peachtree Street N.WAtlanta Georgia 30303

With copy to Robett Zoeckler Esq

Maddox Nix Bowman Zoeckler

945 Bank Street

P.O Drawer 1017

Conyers Georgia 30012

Notices to The Donnellan School Inc

To be provided by Donnellan School Inc

With copy to Michael Bowers EsqBaich Binghain LLP

14 Piedmont Center Suite 1100

3535 Piedmont Road N.BAtlanta Georgia 30305

VII Severability

In the event that any court of competent jurisdiction shall determine that any provision of

this Agreement is invaiid such determination shall not affect the validity of any other provision

hereof which shall remain in full force and effect and which shall be construed to be valid under

the applicable law of the State of Georgia

VIII Governing_Law

This Agreement is being delivered and is intended to be performed in the State of

Georgia and shall in all respects be governed by and construed interpreted and enforced in

accordane with the laws of said State

IX Entire Agreement

This Agreement contains the entire agreement of the parties with respect to its subject

matter except that the parties hereby acknowledge that separate Declaration of Covenanta

Conditions and Restrictions also exists binding the parties in the maimer specified therein and

has been dully executed and has been iecnrded in the c.ords of Pulton County

Waiyr

The failure of any party hereto in any one or more instances to insist upon the

performance of any of the terms or conditions of this Agreement or to exercise any right or

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Sep.10 03 0250p DiV 404- p.21

privilege conferred in this Agreement or the waiver of any breach of any of the terms covenants

or conditions of this Agreement shall not be construed as thereafter waiving any such terms

covenants conditions rights or privileges but the same shall continue and remain in full force

and effect as if no such forbearance or waiver had occurred

XL Counterparts

This Agreement shall be executed in several counterparts each of which shall be deemed

to be an original instrument

Xli Conditions to Binding Aareement This Agreement shall become null and void upon the

occurrence of any of the following

If in their official capacity any authorized representative of the NPA appears in

person at any meeting or hearing of City of Atlanta officials and opposes the

application for special use permit for Donnellan School Or submits any written

instruments in such opposition or

If the appliction is denied or

If Donnellan Schools application for special use permit is overturned by anycourt order or decree or governmental action

IN WITNESS WhEREOF each party has caused this Agreement to be signed by its

duly authorized officers and its corporate seal to be affixed hereto and the parties have hereunto

set their hands and seals

THE DONNELLAN SCHOOL INC

By SEALPrinted Name .-réDate -fL 2b

SEAL

NORTHSIDE/CHASTAIN/MT PARANNEIGhBORHOOD PRESERVATIONASSOCIATION INC

By SEALPrinted Name J/4LADate 3L oO

SEAL

1o

Documents

tifq - Atlanta.4k 03-i-0582 City Council Atlanta Georgia AN ORDINANCE U-03-09 BY ZONING COMIvIITFEE 3-11-03 BE IT ORDAiNED BY THE COUNCIL OF THE CITY OF ATLANTA GEORGIA as follows