Keybank National Association v. Perkins Rowe Associates, L.L.C., et al

Filing 388

Second Amended Keeper Order: IT IS FURTHER ORDERED that the Marshal shall have no responsibility for the Property seized or the actions of the Keeper after custody of the Property has been delivered to the Keeper, and shall not be entitled to receive any commission on the rents, revenues or other fruits of the Property delivered to the Keeper. IT IS FURTHER ORDERED THAT, by reason of the seizure in its entirety and/or sale of the Property, all parties to this action shall hereby release, hold ha rmless and indemnify the United States, its agencies, officers, employees, agents and assigns, including the United States Marshals Service, from any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and/or by reason of, any and all known and unknown, foreseen and unforeseen injuries to person(s) and/or property, resulting, and/or to result, from the seizure/sale of the Property.. Signed by Judge James J. Brady on 7/25/2011. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
KEYBANK NATIONAL ASSOCIATION
CIVIL ACTION
VERSUS
NO. 09-497-JJB-SCR
PERKINS ROWE ASSOCIATES, L.L.C.,
ET AL

SECOND AMENDED KEEPER ORDER
KeyBank National Association (“KeyBank” or “Plaintiff”) has moved the Court to
enter an order that directs the Court to issue a writ of sequestration, requesting the
Marshal to seize the property described in Exhibit “A” hereto (the “Property”) and to
appoint Jones Lang LaSalle Americas, Inc., as the keeper (the “Keeper”) of the Property
that the Marshal seizes under the writ of sequestration.

The Court has granted

Plaintiff’s motion. Accordingly, the Court orders as follows:
1.

That a writ of sequestration issue ordering the Marshal to seize the

Property;
2.

That the Marshal seize the Property pursuant to the writ of

sequestration;
3.

That, after seizing the Property, the Marshal place with Jones Lang

LaSalle Americas, Inc. as Keeper the possession of the Property;
4.

That, after seizing the Property, the Marshal accompany Jones Lang

LaSalle Americas, Inc. as Keeper as the Keeper provides notice of the seizure to
the owners, occupants, operators, tenants, employees, or licensees in
possession of the Property;

USM

5.

That Jones Lang LaSalle Americas, Inc. as the Keeper of the Property

has full power of management and administration of the Property, including
(without limitation) the authority to operate the Property in the ordinary course of
business, with authority to take all necessary steps to operate, maintain and
preserve the Property, to collect any rentals and revenues from the Property, to
tax all of Keeper’s costs as costs of the Property, and to have all other powers
and rights of a keeper appointed pursuant to Louisiana Revised Statutes §§
9:5135-40, and as provided in the Mortgage being foreclosed, which rights and
powers shall include, without limitation:
a. That the Keeper take possession of, collect, control and hold the
rents and other revenues from the Property, to enter the premises
of such immovable Property for the purpose of collecting such rents
and other revenues, and to manage and operate the Property so as
to enable the Keeper to collect, control and hold the rents and other
revenues;
b. That any officer, partner, owner, manager, professional person,
employee,

management

company

or

representative

of

the

Defendants, or any other person or entity who has possession,
control or access to rents and other revenues shall deliver to the
Keeper forthwith the following items pertaining to (i) the Property;
(ii) Perkins Rowe Associates, L.L.C., Perkins Rowe Associates II,
L.L.C., and Perkins Rowe Block A Condominiums, L.L.C., each in
their respective capacity as owner of the Property, or (iii) any other

person or entity in its or his/her capacity as a direct or indirect
owner of an interest in the Property:
i. All accounts receivable;
ii. All cash, including petty cash;
iii. All stocks, bonds, negotiable instruments, certificates of
deposit, securities and other investments which constitute
rents and other revenues from the Property;
iv. All advance deposits;
v. All deposit accounts;
vi. All utility deposits;
vii. All contracts of sale and lease, including all files and
correspondence relating thereto;
viii. All vendor contracts, and
ix. All records relating to the Property
wherever any of the foregoing (i) through (ix) may be located;
c. That the Keeper shall be and hereby is entitled to demand, collect
and receive from the owners, occupants, operators, tenants,
employees or licensees in possession of said Property, all charges,
deposits and other rents and revenues, now due or unpaid or
hereafter to become fixed or due;
d. That the Keeper is hereby authorized to manage and operate the
Property with the usual powers and authority to operate the

Property as a going concern, so as to enable to the Keeper to be
able to collect, control and hold the rents and other revenues;
e. That any person, corporation, partnership, professional person,
management company, manager, agent, owner, occupant, tenant,
vendor or entity, including, but not limited to, brokers, financial
advisors, banks, and other financial institutions or any management
companies holding any deposits, funds and rents and other
revenues pertaining to the Property, or Perkins Rowe Associates,
L.L.C., Perkins Rowe Associates II, L.L.C, or Perkins Rowe Block A
Condominiums, L.L.C., each in their respective capacity as owner
of the Property, immediately turn over to the Keeper all such
deposits, funds and rents and other revenues, including, but not
limited to, cash, bonds, securities, certificates of deposit, negotiable
instruments, stock, investment accounts, accounts receivable,
accounting and business records of any kind, or advances of rent
as security under any lease or license agreement affecting the
Property;
f. That the Keeper shall thereafter pay the rents and other revenues
over to KeyBank or apply such rents and other revenues as the
Court may hereafter direct;
g. That all owners, partners, officers, managers, professional persons,
employees, management company, representatives, tenants and
lessees turn over to the Keeper all books, records, ledgers, check

books, accounting and bookkeeping files, rent rolls, occupancy
lists, service contracts, licenses and permits for the operation of the
Property, and vendor agreements relating to the operation of the
Property immediately upon entry of this Order;
h. That the Keeper is hereby authorized to take possession of and
relocate all books, records, ledgers, check books, accounting and
bookkeeping files, rent rolls, occupancy lists, service contracts,
licenses and permits for the operation of the Property, and vendor
agreements relating to the operation of the Property;
i.

That the owners, partners, employees, agents and all other persons
named in the licenses and permits for the Property cooperate fully
with the Keeper in executing any necessary or appropriate
amendments, endorsements or applications relating to the existing
licenses and permits;

j. That the Keeper is hereby authorized to employ attorneys,
accountants, professionals, agents, management companies, and
other persons, firms, or corporations necessary or appropriate to
assist it in the management and collection of the rents and other
revenues;
k. That the Keeper is authorized to take such action as may be
necessary or appropriate to the orderly and efficient collection and
management of the rents and other revenues;

l.

That each of Perkins Rowe Associates, L.L.C., Perkins Rowe
Associates II, L.L.C., and Perkins Rowe Block A Condominiums,
L.L.C. and all other persons having notice of this Order are hereby
restrained and enjoined from transferring, using or disposing of the
rents and other revenues and the licenses described above, except
that the rents and other revenues and licenses may be transferred
to the Keeper, in its capacity as keeper;

m. That all persons, firms and corporations are directed to turn over
and pay all rents and other revenues resulting from the Property
directly to the Keeper;
n. That all persons, firms and corporations having notice of this Order
are restrained and enjoined from interfering with the Keeper in the
performance of its duties;
o. That any person or entity, including but not limited to banks and
other financial institutions holding any deposits or funds pertaining
to the Property or advances of rental as security under any lease or
license agreement affecting the Property which are the subject of
this action shall turn over said deposits or advances and a true
copy of any and all occupancy agreements and/or leases, including
any and all amendments and modifications thereto, to said Keeper;
p. That said Keeper shall be and hereby is authorized to cause to be
made any reasonable and necessary ordinary repairs to the
Property, to take all reasonable and necessary action to bring the

Property into compliance with all applicable federal and state laws
and regulations, and further that said Keeper shall keep said
Property reasonably maintained and secure, and to hire, employ
and engage contractors for a reasonable and competitive sum for
such work;
q. That said Keeper shall be and hereby is authorized to sell, convey,
lease, assign, hypothecate, mortgage, pledge, pawn, encumber or
exchange any or all of the Property, whenever required, including
immovable, movable, corporeal, incorporeal or mixed, to execute,
seal and deliver any transfers, writings and instruments to effect
such transaction or transactions; and to receive in payment the
proceeds of such transaction or transactions without any duty or
obligation on the payor to investigate the disposition thereof,
including, without limitation, leasing to third parties portions of the
Property available for lease and to sell to third parties
condominiums available for sale, all on such terms as such Keeper
believes to be in the best interests of the Property;
r. That said Keeper shall be and hereby is authorized to make
alterations to the Project as required by any lease relating to the
Property entered into by Borrower or Keeper; and
s. That said Keeper shall be and hereby is authorized to occupy
vacant space within the Property to use for administrative
purposes.

6.

That the Keeper is entitled to be reimbursed its costs and expenses in

carrying out the foregoing, together with reasonable compensation, during the
term of such Keeper’s appointment.
IT IS FURTHER ORDERED that the Marshal shall have no responsibility for the
Property seized or the actions of the Keeper after custody of the Property has been
delivered to the Keeper, and shall not be entitled to receive any commission on the
rents, revenues or other fruits of the Property delivered to the Keeper.
IT IS FURTHER ORDERED THAT, by reason of the seizure in its entirety and/or
sale of the Property, all parties to this action shall hereby release, hold harmless and
indemnify the United States, its agencies, officers, employees, agents and assigns,
including the United States Marshals Service, from any and all claims, demands, rights,
and causes of action of whatsoever kind and nature, arising from, and/or by reason of,
any and all known and unknown, foreseen and unforeseen injuries to person(s) and/or
property, resulting, and/or to result, from the seizure/sale of the Property.

Signed in Baton Rouge, LA this 25th day of July, 2011.

S

JUDGE JAMES J. BRADY
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

Exhibit “A” to Second Amended Order
The Property Subject to the Order
I.

Tract A-1-A-1-A-1

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE LINE
COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427) THENCE PROCEED
ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY 427)
N61°23'51"W - 126.61' TO THE POINT OF BEGINNING.
THENCE N61°23'51"W - 37.06';
THENCE N28°46'04"E - 65.15';
THENCE N33°59'25"E - 165.45';
THENCE N28°46'04"E - 216.96';
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 9.50', A TANGENT OF 9.50', A LENGTH OF
14.92', A CHORD OF 13.44' AND A CHORD BEARING N16°14'00"W;
THENCE N61°13'56"W - 452.00';
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 9.50', A TANGENT OF 9.50', A LENGTH OF
14.92', A CHORD OF 13.44' AND A CHORD BEARING S73°46'04"W;
THENCE S28°46'04"W - 448.05';
THENCE N53°59'26"W – 49.02';
THENCE N28°46'04"E - 247.52';
THENCE N61°13'56"W - 181.00';
THENCE N28°46'04"E - 3.00';
THENCE N61°13'56"W - 306.09';
THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BLUEBONNET
BOULEVARD (LA HWY 1248) N28°31'15"E - 35.48';
THENCE S61°13'56"E - 488.26';

THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 24.50', A TANGENT OF 24.50', A LENGTH OF
38.48', A CHORD OF 34.65' AND A CHORD BEARING N73°46'04"E;
THENCE N28°46'04"E - 301.00';
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 24.50', A TANGENT OF 24.50', A LENGTH OF
38.48', A CHORD OF 34.65' AND A CHORD BEARING N16°13'56"W;
THENCE N61°13'56"W - 205.50';
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL
ANGLE OF 15°08'55", A RADIUS OF 24.50', A TANGENT OF 3.26', A LENGTH OF
6.48', A CHORD OF 6.46' AND A CHORD BEARING N68°48'24"W;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL
ANGLE OF 44°44'09", A RADIUS OF 24.50', A TANGENT OF 10.08', A LENGTH OF
19.13', A CHORD OF 18.65' AND A CHORD BEARING S81°15'05"W;
THENCE N61°13'56"W - 263.02' TO THE EASTERLY RIGHT-OF-WAY LINE OF
BLUEBONNET BOULEVARD (LA HWY 1248);
THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BLUEBONNET
BOULEVARD (LA HWY 1248) N 28°31'15"E - 49.04';
THENCE S61°13'56"E - 121.43';
THENCE S53°42'04"E - 97.42';
THENCE S61°13'56"E - 154.94';
THENCE S28°46'04"W - 8.55';
THENCE S61°13'56"E - 755.00';
THENCE N28°29'03"E - 17.09';
THENCE S61°13'56"E - 24.83';
THENCE S28°29'03"W - 26.61';
THENCE N61°13'56"W - 128.49';
THENCE S28°46'04"W - 367.00';
THENCE S61°13'56"E - 5.09';

THENCE S28°46'04"W - 279.77' TO THE NORTHERLY RIGHT-OF-WAY LINE OF
PERKINS ROAD (LA HWY. 427) AND THE POINT OF BEGINNING.
LESS AND EXCEPT BLOCK B, BLOCK B-1 AND BLOCK C (SEE SEPARATE
DESCRIPTION)
SAID TRACT BEING DESIGNATED AS "TRACT A-1-A-1-A-1" (NOT A BUILDING
SITE) AND LOCATED IN SECTION 58, T.8S.-R.1E., GREENSBURG LAND DISTRICT,
EAST BATON ROUGE PARISH, LOUISIANA AS SHOWN ON A MAP TITLED "MAP
SHOWING SUBDIVISION OF TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY
AND TRACT B-1-A, EUNICE K. SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S.
DATED MAY 30, 2006 AND RECORDED IN THE OFFICIAL RECORDS OF EAST
BATON ROUGE PARISH, LOUISIANA AS ORIGINAL 124, BUNDLE 11845.

II.

Tract B

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE LINE
COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427), THENCE ALONG
THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY. 427)
PROCEED N61°23'51"W - 618.49'; THENCE ALONG THE NORTHERLY RIGHT-OFWAY LINE OF PERKINS ROAD (LA HWY. 427) N53°59'26"W - 100.84'; THENCE
ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY. 427)
N61°23'51"W - 129.59' TO THE POINT OF BEGINNING.
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA
HWY 427) N61°23'51"W - 280.52' TO THE EASTERLY RIGHT-OF-WAY LINE OF
BLUEBONNET BOULEVARD (LA HWY. 1248);
THENCE ALONG THE EASTERLY LINE OF BLUEBONNET BOULEVARD (LA HWY
1248) N10°07'08"W - 39.26';
THENCE ALONG THE EASTERLY LINE OF BLUEBONNET BOULEVARD (LA HWY
1248) N28°31'15"E - 214.62';
THENCE S61°13'56"E - 306.09';
THENCE S28°46'04"W - 3.00';
THENCE S28°46'07"W - 241.36' TO THE NORTHERLY LINE OF PERKINS ROAD (LA
HWY. 427) AND THE POINT OF BEGINNING.

SAID TRACT BEING DESIGNATED AS "TRACT B" AND LOCATED IN SECTION 58,
T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA AS SHOWN ON A MAP TITLED "MAP SHOWING SUBDIVISION OF
TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY AND TRACT B-1-A, EUNICE K.
SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S. DATED MAY 30, 2006 AND
RECORDED IN THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA AS ORIGINAL 124, BUNDLE 11845.

III.

Block G

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE LINE
COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427), THENCE ALONG
THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY. 427)
PROCEED N61°23'51"W - 163.67' TO THE POINT OF BEGINNING.
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA
HWY 427) N61°23'51"W - 454.83';
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA
HWY 427) N53°59'26"W - 1.12';
THENCE N28°46'04"E - 448.05'
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 9.50', A TANGENT OF 9.50', A LENGTH OF
14.92', A CHORD OF 13.44' AND A CHORD BEARING N73°46'04"E;
THENCE S61°13'56"E - 452.00';
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 9.50', A TANGENT OF 9.50', A LENGTH OF
14.92', A CHORD OF 13.44' AND A CHORD BEARING S16°14'00"E;
THENCE S28°46'04"W - 216.96';
THENCE S33°59'25"W - 165.45';
THENCE S28°46'04"W - 65.15' TO THE POINT OF BEGINNING.
SAID TRACT BEING DESIGNATED AS "BLOCK G" AND LOCATED IN SECTION 58,
T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA AS SHOWN ON A MAP TITLED "MAP SHOWING SUBDIVISION OF
TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY AND TRACT B-1-A, EUNICE K.

SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S. DATED MAY 30, 2006 AND
RECORDED IN THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA AS ORIGINAL 124, BUNDLE 11845.
IV.

Block H

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE LINE
COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427), THENCE PROCEED
N61°23'51"W - 618.49'; THENCE N53°59'26"W - 49.02'; THENCE N28°46'04"E 247.52'; THENCE N61°13'56"W - 181.00'; THENCE N28°46'04"E - 3.00'; THENCE
N61°13'56"W - 306.09' TO THE EASTERLY RIGHT-OF-WAY LINE OF BLUEBONNET
BOULEVARD (LA HWY 1248); THENCE ALONG THE EASTERLY RIGHT-OF-WAY
LINE OF BLUEBONNET BOULEVARD (LA HWY 1248) N28°31'15"E - 422.32' TO THE
POINT OF BEGINNING.
THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BLUEBONNET
BOULEVARD (LA HWY 1248) N28°31'15"E - 267.50';
THENCE S60°40'09"E - 238.48';
THENCE S28°46'04"W - 277.92';
THENCE N61°13'56"W - 19.31';
THENCE N53°42'04"W - 97.42';
THENCE N61°13'56"W - 121.43' TO THE EASTERLY RIGHT-OF-WAY LINE OF
BLUEBONNET BOULEVARD (LA HWY. 1248) AND THE POINT OF BEGINNING.
SAID TRACT BEING DESIGNATED AS "BLOCK H" AND LOCATED IN SECTION 58,
T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA AS SHOWN ON A MAP TITLED "MAP SHOWING SUBDIVISION OF
TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY AND TRACT B-1-A, EUNICE K.
SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S. DATED MAY 30, 2006 AND
RECORDED IN THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA AS ORIGINAL 124, BUNDLE 11845.
V.

Block A

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE LINE
COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427), THENCE ALONG
THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY. 427)

PROCEED N61°23'51"W - 618.49'; THENCE ALONG THE NORTHERLY RIGHT-OFWAY LINE OF PERKINS ROAD (LA HWY. 427) N53°59'26"W - 49.02'; THENCE
N28°46'04"E - 247.52'; THENCE N61°13'56"W - 181.00'; THENCE N28°46'04"E - 3.00';
THENCE N61°13'56"W - 306.09' TO THE EASTERLY RIGHT-OF-WAY LINE OF
BLUEBONNET BOULEVARD (LA HWY 1248); THENCE ALONG THE EASTERLY
RIGHT-OF-WAY LINE OF BLUEBONNET BOULEVARD (LA HWY 1248) N28°31'15"E 35.48'; THENCE S61°13'56"E - 276.25' TO THE POINT OF BEGINNING.
THENCE N28°47'05"E - 349.15';
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 15°08'55", A RADIUS OF 24.50', A TANGENT OF 3.26', A LENGTH OF
6.48', A CHORD OF 6.46' AND A CHORD BEARING S68°48'24"E;
THENCE S61°13'56"E - 205.50';
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 24.50', A TANGENT OF 24.50', A LENGTH OF
38.48', A CHORD OF 34.65' AND A CHORD BEARING S16°13'56"E;
THENCE S28°46'04"W - 301.00';
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 24.50', A TANGENT OF 24.50', A LENGTH OF
38.48', A CHORD OF 34.65' AND A CHORD BEARING S73°46'04"W;
THENCE N61°13'56"W - 212.01' TO THE POINT OF BEGINNING.
SAID TRACT BEING DESIGNATED AS "BLOCK A" AND LOCATED IN SECTION 58,
T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA AS SHOWN ON A MAP TITLED "MAP SHOWING SUBDIVISION OF
TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY AND TRACT B-1-A, EUNICE K.
SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S. DATED MAY 30, 2006 AND
RECORDED IN THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA AS ORIGINAL 124, BUNDLE 11845.
LESS AND EXCEPT THE FOLLOWING CONDOMINIUM UNITS HAVING BEEN
RELEASED FROM BLOCK A: 307, 417, 318, 316, 322, 314, 312, 317, 414, 220, 221,
416, 326, 305, 407, 315, 426, 306, 209, 310, 218, 324, 325, 225, 424, 304, 229, 328,
311, 308, 406, 201, 227, 226, 212, 216, 217, 405, 219, 421, 415, 329, 327, 428, 409,
427, 423, 203 and 422, IN THE CONDOMINIUM REGIME KNOWN AS LOFTS AT
PERKINS ROWE CONDOMINIUM, FILED FOR RECORD AS ORIGINAL 164,
BUNDLE 12020 OF THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA, BEING PART OF UNIT B, PERKINS ROWE BUILDING “A” RETAIL AND
RESIDENTIAL CONDOMINIUM, FILED FOR RECORD AS ORIGINAL 161, BUNDLE
12020 OF THE OFFICIAL RECORDS OF EAST BATON ROUGE, STATE OF
LOUISIANA.

VI.

Block A-1

COMMENCING AT A POINT OF BEING FORMED BY THE INTERSECTION OF THE
LINE COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427), THENCE PROCEED
N61º23'51"W – 618.49'; THENCE N53 º59'26"W – 49.02'; THENCE N28 º46'04"E –
247.52'; THENCE N61 º13'56"W – 181.00'; THENCE N28 º46'04"E – 3.00'; THENCE
N61 º13'56"W – 306.09' TO THE EASTERLY RIGHT-OF-WAY LINE OF BLUEBONNET
BOULEVARD (LA HWY 1248); THENCE ALONG THE EASTERLY RIGHT-OF-WAY
LINE OF BLUEBONNET BOULEVARD (LA HWY 1248) N28 º31'15"E – 35.48' TO THE
POINT OF BEGINNING.
THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BLUEBONNET
BOULEVARD (LA HWY 1248) N28 º31'15"E – 337.80';
THENCE S61 º13'56"E – 263.02';
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 44 º44'09", A RADIUS OF 24.50', A TANGENT OF 10.08', A LENGTH OF
19.13', A CHORD OF 18.65' AND A CHORD BEARING N81 º15'05"E;
THENCE S28 º47'05"W – 349.15';
THENCE N61 º13'56"W – 276.25' TO THE EASTERLY RIGHT-OF-WAY LINE OF
BLUEBONNET BOULEVARD (LA HWY 1248) AND THE POINT OF BEGINNING.
SAID TRACT BEING DESIGNATED AS "BLOCK A-1" AND LOCATED IN SECTION 58,
T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA AS SHOWN ON A MAP TITLED "MAP SHOWING SUBDIVISION OF
TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY AND TRACT B-1-A, EUNICE K.
SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S. DATED MAY 30, 2006 AND
RECORDED IN THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA AS ORIGINAL 124, BUNDLE 11845.

VII.

Block B

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE LINE
COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427), THENCE ALONG
THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY. 427)
PROCEED N61°23'51"W - 618.49'; THENCE ALONG THE NORTHERLY RIGHT-OF-

WAY LINE OF PERKINS ROAD (LA HWY 427) N53°59'26"W - 1.12'; THENCE
N28°46'04"E - 448.05'; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 90°00'00", A RADIUS OF 9.50', A TANGENT OF
9.50', A LENGTH OF 14.92', A CHORD OF 13.44' AND A CHORD BEARING
N73°46'04"E; THENCE S61°13'56"E - 172.75'; THENCE N28°46'04"E - 22.00' TO THE
POINT OF BEGINNING.
THENCE N61°13'56"W - 172.75';
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 9.50', A TANGENT OF 9.50', A LENGTH OF
14.92', A CHORD OF 13.44' AND A CHORD BEARING N16°13'56"W;
THENCE N28°46'04"E - 128.50';
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 24.50', A TANGENT OF 24.50', A LENGTH OF
38.48', A CHORD OF 34.65' AND A CHORD BEARING N73°46'04"E;
THENCE S61°13'56"E - 157.75';
THENCE S28°46'04"W - 162.50' TO THE POINT OF BEGINNING.
SAID TRACT BEING DESIGNATED AS "BLOCK B" AND LOCATED IN SECTION 58,
T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA AS SHOWN ON A MAP TITLED "MAP SHOWING SUBDIVISION OF
TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY AND TRACT B-1-A, EUNICE K.
SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S. DATED MAY 30, 2006 AND
RECORDED IN THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA AS ORIGINAL 124, BUNDLE 11845.

VIII.

Block B-1

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE LINE
COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427), THENCE ALONG
THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY. 427)
PROCEED N61°23'51"W - 618.49'; THENCE ALONG THE NORTHERLY RIGHT-OFWAY LINE OF PERKINS ROAD (LA HWY 427) N53°59'26"W - 1.12'; THENCE
N28°46'04"E - 448.05'; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 90°00'00", A RADIUS OF 9.50', A TANGENT OF
9.50', A LENGTH OF 14.92', A CHORD OF 13.44' AND A CHORD BEARING
N73°46'04"E; THENCE S61°13'56"E - 172.75'; THENCE N28°46'04"E - 22.00' TO THE
POINT OF BEGINNING.

THENCE N28°46'04"E - 162.50';
THENCE S61°13'56"E - 106.00';
THENCE S28°46'04"W - 162.50';
THENCE N61°13'56"W - 106.00' TO THE POINT OF BEGINNING.
SAID TRACT BEING DESIGNATED AS "BLOCK B-1" AND LOCATED IN SECTION 58,
T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA AS SHOWN ON A MAP TITLED "MAP SHOWING SUBDIVISION OF
TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY AND TRACT B-1-A, EUNICE K.
SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S. DATED MAY 30, 2006 AND
RECORDED IN THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA AS ORIGINAL 124, BUNDLE 11845.

IX.

Block C

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE LINE
COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427), THENCE ALONG
THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY. 427)
PROCEED N61°23'51"W - 618.49'; THENCE ALONG THE NORTHERLY RIGHT-OFWAY LINE OF PERKINS ROAD (LA HWY 427) N53°59'26"W - 1.12'; THENCE
N28°46'04"E - 448.05'; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 90°00'00", A RADIUS OF 9.50', A TANGENT OF
9.50', A LENGTH OF 14.92', A CHORD OF 13.44' AND A CHORD BEARING
N73°46'04"E; THENCE S61°13'56"E - 172.75'; THENCE N28°46'04"E - 22.00';
THENCE S61°13'56"E - 106.00' TO THE POINT OF BEGINNING.
THENCE N28°46'04"E - 162.50';
THENCE S61°13'56"E - 158.25';
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 24.50', A TANGENT OF 24.50', A LENGTH OF
38.48', A CHORD OF 34.65' AND A CHORD BEARING S16°13'56"E;
THENCE S28°46'04"W - 128.50';
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 9.50', A TANGENT OF 9.50', A LENGTH OF
14.92', A CHORD OF 13.44' AND A CHORD BEARING S73°46'10"W;
THENCE N61°13'56"W - 173.25' TO THE POINT OF BEGINNING.

SAID TRACT BEING DESIGNATED AS "BLOCK C" AND LOCATED IN SECTION 58,
T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA AS SHOWN ON A MAP TITLED "MAP SHOWING SUBDIVISION OF
TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY AND TRACT B-1-A, EUNICE K.
SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S. DATED MAY 30, 2006 AND
RECORDED IN THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA AS ORIGINAL 124, BUNDLE 11845.

X.

Block N

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE LINE
COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427), THENCE ALONG
THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY. 427)
PROCEED N61°23'51"W - 126.61' TO THE POINT OF BEGINNING.
THENCE N28°46'04"E - 279.77';
THENCE S61°13'56"E - 660.81';
THENCE S28°28'33"W - 275.68';
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA
HWY. 427) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL
ANGLE OF 1°11'22", A RADIUS OF 2596.48', A LENGTH OF 53.90', A CHORD OF
53.90' AND A CHORD BEARING N60°33'18"W;
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA
HWY. 427) N63°05'54"W - 100.26';
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA
HWY. 427) N61°23'51"W - 508.11' TO THE POINT OF BEGINNING.
SAID TRACT BEING DESIGNATED AS "BLOCK N" AND LOCATED IN SECTION 57 &
58, T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA AS SHOWN ON A MAP TITLED "MAP SHOWING SUBDIVISION OF
TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY AND TRACT B-1-A, EUNICE K.
SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S. DATED MAY 30, 2006 AND
RECORDED IN THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA AS ORIGINAL 124, BUNDLE 11845.
LESS AND EXCEPT THE FOLLOWING:

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE
COMMON LINE BETWEEN TRACT A-1-A-1-A-1 AND THE WESTERN LINE OF
BLOCK N AND THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA
HIGHWAY 427), THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF
PERKINS ROAD (LA HWY. 427) PROCEED S61°23'51"E – 508.11'; THENCE ALONG
THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY. 427)
S63°05'54"E – 100.26'; THENCE ALONG THE ARC OF A CURVE CONCAVING TO
THE SOUTH HAVING A CENTRAL ANGLE OF 00°31'38", A RADIUS OF 2596.48', A
TANGENT OF 11.95', A LENGTH OF 23.90', A CHORD OF 23.90' AND A CHORD
BEARING S60°53'10"E; TO THE POINT OF BEGINNING.
THENCE N28°28'33"E – 247.70';
THENCE S61°13'56"E – 30.00';
THENCE S28°28'33"W – 248.19';
THENCE ALONG THE ARC OF A CURVE CONCAVING TO THE SOUTH HAVING A
CENTRAL ANGLE OF 00°39'44", A RADIUS OF 2596.48', A TANGENT OF 15.00', A
LENGTH OF 30.01', A CHORD OF 30.01' AND A CHORD BEARING N60°17'29"W;
THE POINT OF BEGINNING.
SAID TRACT BEING A POTION OF BLOCK N AND LOCATED IN SECTION 57, T.8S.R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA.

XI.

Block D

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE LINE
COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427) THENCE PROCEED
ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY 427)
N61°23'51"W - 126.61'; THENCE N28°46'04"E - 279.77'; THENCE N61°13'56"W 5.09'; THENCE N28°46'04"E - 187.50' TO THE POINT OF BEGINNING;
THENCE N28°46'04"E - 179.50';
THENCE S61°13'56"E - 375.08';
THENCE S28°46'04"W - 179.50';
THENCE N61°13'56"W - 375.09' TO THE POINT OF BEGINNING.
SAID TRACT BEING DESIGNATED AS "BLOCK D" AND LOCATED IN SECTION 57 &
58, T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,

LOUISIANA AS SHOWN ON A MAP TITLED "MAP SHOWING SUBDIVISION OF
TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY AND TRACT B-1-A, EUNICE K.
SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S. DATED MAY 30, 2006 AND
RECORDED IN THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA AS ORIGINAL 124, BUNDLE 11845.

XII.

Block E

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE LINE
COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427) THENCE PROCEED
ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY 427)
N61°23'51"W - 126.61'; THENCE N28°46'04"E - 279.77'; THENCE S61°13'56"E 370.00' TO THE POINT OF BEGINNING;
THENCE N28°46'04"E - 367.00';
THENCE S61°13'56"E - 493.95';
THENCE S28°28'33"W - 367.00';
THENCE N61°13'56"W - 495.82' TO THE POINT OF BEGINNING.
SAID TRACT BEING DESIGNATED AS "BLOCK E" AND LOCATED IN SECTION 57,
T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA AS SHOWN ON A MAP TITLED "MAP SHOWING SUBDIVISION OF
TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY AND TRACT B-1-A, EUNICE K.
SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S. DATED MAY 30, 2006 AND
RECORDED IN THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA AS ORIGINAL 124, BUNDLE 11845.
LESS AND EXCEPT THE FOLLOWING:
COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE
COMMON LINE BETWEEN TRACT A-1-A-1-A-1 AND THE WESTERN LINE OF
BLOCK N AND THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA
HIGHWAY 427), THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF
PERKINS ROAD (LA HWY. 427) PROCEED S61°23'51"E – 508.11'; THENCE
S63°05'54"E – 100.26'; THENCE ALONG THE ARC OF A CURVE CONCAVING TO
THE SOUTHWEST HAVING A CENTRAL ANGLE OF 02°15'00", A RADIUS OF
2596.48', A TANGENT OF 50.99', A LENGTH OF 101.96', A CHORD OF 101.96' AND
A CHORD BEARING S60°01'29"E; THENCE S59°19'40"E 127.07'; THENCE
N28°28'33"E – 253.93'; THENCE N61°13'56"W – 50.00'; THENCE N28°28'33"W –
27.49'; TO THE POINT OF BEGINNING.

THENCE N28°28'33"E – 367.00';
THENCE S61°13'56"E – 80.00';
THENCE S28°28'33"W – 367.00';
THENCE N61°13'56"W – 80.00'; THE POINT OF BEGINNING.
SAID TRACT BEING A PORTION OF BLOCK "E" AND LOCATED IN SECTION 57,
T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA.
XIII.

Block F

COMMENCING AT A POINT BEING FORMED BY THE INTERSECTION OF THE LINE
COMMON BETWEEN SECTIONS 57 & 58, T.8S., R.1E., GREENSBURG LAND
DISTRICT, EAST BATON ROUGE PARISH, LOUISIANA AND THE NORTHERLY
RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HIGHWAY 427) THENCE PROCEED
ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF PERKINS ROAD (LA HWY 427)
N61°23'51"W - 126.61'; THENCE N28°46'04"E - 279.77'; THENCE N61°13'56"W - 5.09'
TO THE POINT OF BEGINNING.
THENCE N28°46'04"E - 187.50';
THENCE S61°13'56"E - 375.09';
THENCE S28°46'04"W - 187.50';
THENCE N61°13'56"W - 375.09' TO THE POINT OF BEGINNING.
SAID TRACT BEING DESIGNATED AS "BLOCK F" AND LOCATED IN SECTION 57 &
58, T.8S.-R.1E., GREENSBURG LAND DISTRICT, EAST BATON ROUGE PARISH,
LOUISIANA AS SHOWN ON A MAP TITLED "MAP SHOWING SUBDIVISION OF
TRACT A-1-A-1-A, GEORGE M. PAULAT PROPERTY AND TRACT B-1-A, EUNICE K.
SABATIER TRACT..." BY DAVID B. FAZEKAS, P.L.S. DATED MAY 30, 2006 AND
RECORDED IN THE OFFICIAL RECORDS OF EAST BATON ROUGE PARISH,
LOUISIANA AS ORIGINAL 124, BUNDLE 11845.