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HomeMy WebLinkAboutLicense Agreement Augusta Richmond GA DOCUMENT NAME: L, U~ ..A~Y-eefYIen-\- DOCUMENT TYPE: AC!j"fCCYne.-<n\ YEAR: Ic~q~ BOX NUMBER: 5 FILE NUMBER: I '?JLu 1{ 5 NUMBER OF PAGES: lq .' ,- ., _(J- (RE-RECO~ED BECAUSE OF TYPOGRAPHICAL ERROR ON PAGE 2) Reel 594 rA&e 42 RETURN TO: Harry D. Revell 454 Greene ST. , . -" .., - ,...., r ~. I ('; ~ ')'. 't \ -: ~.., ! J-,.( \. I \ ~ I J' . . . ~J ':., :.. I : ~ ~ I 1 .. ",1 i., ; .;- r I r: ~- .- :.' ~\ : . ( !', . ~ t. l . . " S3 J~';: 29 Pr~ 2: \ \ u'~sotl ".; c. J;);l: ' 'UR\ E,l-t. I;-~-c:' "U::2rl. en "" ..\.)" \.)1 ...J.. ",-'--"" 03 TIllS OOCUMENfPREPARED BY: LOUIS E. BRIDGES, III, ESQUIRE ROWE, FOLTZ & MARTIN, P.C. Five Piedmont Center, Suite 750 Atlanta, Georgia 30305 LICENSE AGREEMENT REEL 601 PAGE 756 TIns LICENSE AGREEMENT (the "Agreement"), this 4~ay of March, 1998, is entered into by and between AUGUSTA EXCHANGE, L.L.C., a Georgia limited liability company {hereinafter referred to as "Licensor") for and in consideration of the sum of TEN AND NO/lOO DOLLARS ($lO.OO) and other good and valuable consideration received from AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting through the Augusta-Richmond County Commission (hereinafter referred to as "Licensee"), the receipt and sufficiency of which is hereby acknowledged, does agree as follows: ORIGINAL REEL RECORDED :w IT IS: E S S.I.H REEL 601 PAGE 756 lH P IO: 362098 WHEREAS, Licensee owns that certain tract or parcel of land located in the City of Augusta, :Richmond County, Georgia, being located in the vicinity of the intersection of Interstate 20 and Bobby Jones Expressway for proposed development as a roadway (hereinafter referred to as the "Roadway Property") as more particularly described on Exhibit:....A::.. attached hereto and incorporated herein by reference; and WHEREAS, Licensor owns that certain tract or parcel of land located in the City of Augusta, Richmond County, Georgia that lies adjacent to the Roadway Property (hereinafter referred to as the "Adjoining Property ") as more particularly described on Exhibit..JL, attached hereto and incorporated herein by reference; and WHEREAS, Licensor previously conveyed to Dayton Hudson Corporation (hereinafter referred to as "Target"), that certain tract or parcel of land located in the City of Augusta, Richmond County, Georgia contiguous to the Adjoining Property (hereinafter referred to as the "Target Property") as more particularly described on Exhibit ..:c.::, attached hereto and incorporated herein by reference; and WHEREAS, Licensor intends to develop the Adjoining Property for use as a shopping center in accordance with the Plans and Specifications for Augusta Exchange, prepared by Southern Partners, Inc., Augusta, Georgia, dated October 31, 1996, last revised January 9, 1997 (hereinafter referred to as the "Plans"); and WHEREAS, the Grading and Storm Plan for the Adjoining Property and the Target Property, a copy of which is attached hereto as Exhibit.:IL and incorporated herein by reference, said Grading and Storm Plan being Pages GR-1 and GR-2 of the Plans, requires the construction of a storm, water drainage and detention system (herein referred to as the "Storm Water System") to service the storm water needs of both the Adjoining Property and the Target Property; and 1- ' r. REEL 601 PAGE "'C'7 I' _II . . .' ~[[L ~j4 PAGe 1? ,;' \VHEREAS, the Adjoining Property is encumbered by that certain Operation and Easemem Agreement (hereinafter referred to as the "0EA") among Dayton Hudson Corporattf}n, Augusta Exchange, L.L.C. and The Nixon Trusts dated November 8, 1996 and recorded at Reel' 539, Pag'~ 1721, in the office of the Clerk of Superior Court of Richmond County, Georgia; and 'V1HEREAS, Licensor, in the OEA, has granted to Target a non-exclusive easement over the Adjo'ining Property 10 use and maintain the Storm wal~ilo provide for the drainage of the Target Property; and. Er Li lC I itial n tlal 'VrHEREAS, Licensor, s bject to the terms and conditions of the OEA, has agreed to grant Licensee a non-exclusive Lice e to use the Storm Water System for drainage of the Roadway Property only and, in the event' fails to maintain the Storm Water Detention System, a non-exclusive license over under and through the License Area (as defmed below) to maintain and repair thl~ Storm Water System in accordance with the Plans; and VVlIEREAS, the parties have agreed to the granting of such a license in accordance with the tenn.s and conditions set forth herein: I'i'OW THEREFORE, Licensor for and in consideration of the sum ofTEN AND NO/lOG DOLLARS ($10.00) and other good and valuable consideration received from Licensee, the receipt and sufficiency of which is hereby acknowledged, does agree as follows: 1. Grant.of License. Licensor, subject to the OEA and the reservations herein set forth, do,~s hereby grant and convey to Licensee, its successors-in-title and assigns, an irrevocable license, right and privilege (the "License"), over, under and across the portion of the Adjoining Property described on Exhibit.:E: and incorporated herein by reference (hereinafter referred to as the "License Area"): (n) to utilize the Storm Water System for drainage of the Roadway Property only and in accordance with the Plans and the OEA; and (b) in the event Licensor fails to maintain the Storm Water Detention System, a license over under and through the License Area (and over the Adjoining Property as is reasonably required for ingress and egress as necessary for such maintenance and repair) to maintain and repair the Storm Water System in accordance with the Plans. The costs of such maintenance and repair shall be paid by Licensor within thirty (30) days of receipt of an invoice for same from Licensee and shall constitute a lien against Licensor's Adjoining Property in the event the same is not timely paid by Licensor. Licensee shall not have the right to grant to any other person or entity any or all of the rights, privileges and licenses conveyed to Licensee under this License Agreement. OlOlO\2\stJr2cIn -2- ) ~ ,I' . - ReEl:;- 594 rAGC 44' , ' ! REEL 601 PAGE 758 t .' .- 2. Reservation .Qf.~ Rights. The uses permitted under the License and the use of the Liceru;e Area shall be in common with the use thereof by Licensor and Target, their successors . and assigns, which rights Licensor hereby expressly reserves. The right to use the License Area for any olher purpose which is consistent with the License, including, but not limited to, the right to pave over and to install underground utility lines under the License Area is hereby expressly reserved 'by Licensor. 3. Restrictions ml License. Licensee's use and exercise of the License shall at all times be ~;ubject to the OEA. Licensee further covenants that it shall not dispose of or permit the disposal of hazardous materials into the Storm Water System. 4. Licensee's Liability. Licensee shall be responsible and liable for its own negligenc'e asserted or arising out of its use of the Storm Water System or its exercise of any other rights created hereunder and any and all actions, suits and proceedings in connection with any such claim or demand . 5. Then. The term of this License Agreement shall commence on the date hereof and shall terminate ninety-nine (99) years from the date hereof, unless otherwise extended by the parties hereto. 6. Notices. Any and all communications or notices between the parties hereto in connection with this Agreement shall be in writing and shall be delivered by hand or facsimile transmission to the parties as follows: Licensor: 'Augusta Exchange, L.L.C. c/o Timberlake Realty Co. 133 Johnson Ferry Road Suite 115 Atlanta, Georgia 30368 Licensee: Augusta-Richmond County c/o James Wall, Esq. Burnside, Wall, Daniel, Ellison & Revell 454 Greene Street Augusta, Georgia 30901 0101O\2\stor2cln -3- . ... ~~EL 601 PAGE 759 REEL 594 PAGC 45-- . . .', r' - ~.. Notices sent in accordance with the above shall be deemed given: (i) on receipt if personally delivered, or (ii) within twenty-four (24) hours of facsimile transmission provided that , telephone: confrrmation of the facsimile transmission is received. 7. Execution. The member/managers executing this Agreement on behalf of Licensor and the parties executing this Agreement on behalf of Licensee, individually represent and warrant to the other party hereto that they are authorized, pursuant to all necessary trust or company action, a:; applicable, to execute this Agreement on behalf of and bind Licensor and Licensee, respectivdy. 8. Governing LmY. This Agreement shall be construed in accordance with Georgia law and tile parties agree to submit to the jurisdiction of the Superior Court of Richmond Count, Georgia in connection with any matters arising under this Agreement. 9. Time. Time is made of the essence of this Agreement. 10. Release.llllm1 Transfer. If Licensor shall convey, transfer, assign or otherwise dispose of all of its interest in the Adjoining Property, it shall thereupon be released and discharged from any and all liabilities and obligations for the breach of any agreement occurring after the date of such conveyance, transfer, assignment or other disposition and such liabilities and obligations shall thereafter be binding upon the successor in title to Licensor. 11. Severability. Each and every covenant and agreement contained herein shall be for any and all purposes hereof construed as separate and independent. 01010\2\stor2cln -4- . ' . . !' . .' ~[[L S94 PA&C 46- REEL 601 PAGE 760 IN WITNESS WHEREOF, Licensor and Licensee have caused this Grant of License to ~ duly executed, by and through its duly authorized representatives under seal, as of the -L~day of yY)~ , 1991. Signed, sealed and delivered in the presence of: ~~'-"- ~/{d fl~ ...Witness'''.. .', '~".,:...":'I"'~, ~ .",I').-'~''''' ..~; .~:_ il~~"'" ",or.. " ....... .. '- g ~'{\NQtaIY U ,Iiu: . -', ~ ,I. . i' t" '\~~~~:M~~ t6~'~'ission Expires: 1J;7/P/ ~'" '..:;; ~ ....0..- . ~II,!.~ S ~; 1:1 _..' . ....";.'lNOTARY SEAL] Signed, sealed and delivered in the presence of: 't2a~,)~~~ Unoffi' Witness /,~. ~ ~~~ ' Notary Public 1-. '~'I~b~c:, Richmond Coumy, Georgln ",.\:"~p:lmmlsslQJ) Expires Dee 5.2001 ~, \).. '1'" .:::-' \,1' 4r.....~I.~.. .7;.1.,. .::-"'..0j 6.0 . ". '.... ~ ~ '-.()".. ,-,... ....". .....-;:". ~ .: ~ ~\::;. ! .A. 'I (-' " t ~ [.,' ~ ,~~[NOrA~Y SEAL] '~ ~ PU' !:y' 1\:'.: ;- ... ~ 6' - f;;.'" ,,' ~ \"~/::'MY C:o~rni~sipn Expires: 7,/ J/. Co, . ~ ,'~ ...... .//..,:. ~:)~vw;_(~:\ )\~.' _.....,..:: " r J \." .,\' , 14 ".~ntt I' t\\\\\\- o 1010\2\storm. lie "LICENSOR" AUGUSTA EXCHANGE, L.L.c., a Georgia' ed I iabi I ity company By: Attest: Thomas Abernathy Member/Manager "LICENSEE" RICHMOND COUNTY, a political subdivision of the State eorgia :f Attest: Name: Its: Clerk of Commission ."'-J ' " ';' [COUNTY SEAL] ~~ : / '- . " ' , ,- i" . ....' ,') "., .' :':,',' Cl ;, ~: '.) \, -5- r ./ , . ' "t . ' .' , . " "'REEL 5.94 F AGE 4 ?-- REEL 601 PAGE 761 ' CONSENT --- , C, for -( S. The undersigned, ~ dwCif'd ;j. ,f3ie.r~ , a 'lite, e siden+ - r L-f "6f Dayton Hudson Corporation, a Minnesota corporation, as holder of certain rights esta lished pursuant to that certain Operation and Easement Agreement among Dayton Hudson Corporation, Augu:;ta Exchange, L.L.C. and The Nixon Trusts dated November 8, 1996 and recorded at Reel 539, Page 1721, in the office of the Clerk of Superior Court of Richmond County, Georgia hereby consents to the foregoing License Agreement by and between Augusta Exchange, L.L.C., a Georgia limited liability company, as Licensor, and Richmond County, acting through its Board of Commissioners, a political subdivision of the State of Georgia, as Licensee. IN WITNESS WHEREOF, the undersigned has caused this Consent and Joinder to be executed by its duly authorized officers and its seal to be affIxed hereto this ;;;'~nd day 0~1f, 1998. Apn'/I Signed, sealed and delivered '/ on this';~jday of~~r' 1998 :in the presence of: o}~<Q/V~~ ) Unofficial Witness () ~. ) ,'I Q/df, . . .1lA 'JrJ!JJ filL[ , tary Public' / M C .. E' I -2.,1-200D Y ormmSSlOn xplres: -- [NOTARY SEAL] I~ . KARLA K. KILIAN I NOTARY PUBLIC. MINNESOTA WRIGHT COUNTY My Commission Expires Jan. 31, 2000 . . \IV\ o 10 1O~:\stor2cIn DAYTON HUDSON CORPORATION, a Minnesota corporation /8177J{Jn ,'" ?;~J 'Il ,'; ..", ' , ~ ~ .',,0 ~,----,..~,'" Ivli ", ,arget t;}I019~'(' .~O".o.\;".'" ',-, . (~c. "o.~ ~;, " 0.0:. '-" ~/ / \.-..' . C> _ .4 V'" .) . ~/ ;v 0'"]. C1~' .t:'-' -..., . -1 (::: :j 2~.' f" t:~f~, ~ I'~ ',2 ~c: --- ....... ",' r"_lCr'A\ ~ ::! f- ,- '_ ../ C" ""-":." ~ 0 (/ '- '..: 1:."~ t1'.1.:[:"_J.' ~.b ;: , t; ;..; ~-'I' ~. ./11 .... :." '''''',\ 0;0 ,\,~' t:#.. ':: f) .t;.~ c. [CORPORAiE?~~j~'~% f'J,':;'.'/ ,f!.l - ~ ~J.... .t' i~~'" .J.. w;~~, ".uo....oQ ~1c- 't:..' ".'1 .t..,..l , . '_1(j I" ~\.~ -:1) -. , , c"'" .~t~ , , , . : ) t ~ ~ \, -6- . ,'",. REEL.601 PAGE 762 .~ . " RER 594 POCE 18 CONSENT The undersigned, TOM FTHFRFnG~. \lICE PR~IDENT of Guaranty Federal Bank, N .A., a Texas banking institution, as holder of certain rights established pursuant 1:0 that certain Deed to Secure Debt and Security Agreement dated November 8, 1996 and recorded at Reel 547, Page 1364, in the office of the Clerk of Superior Court of Richmond County, Georgia hereby consents to the foregoing Grant of Easement by and between Augusta Exchange, L.L.C., a Georgia limited liability company, as Grantor, and AE n, L.L.C., a Georgia limited liability company and The Nixon Trusts, a Georgia general partnership comprised of four trusts, collectively as Grantee. IN WITNESS WHEREOF, the undersigned has caused this Consent to be executed by its duly authorized officers and its seal to be affIxed hereto this ~-.day of March, 1998. Signed, sl~aled and delivered on this ~~ay of March, l~'e l' sen: of: Unofficial GUARANTY FEDERAL BANK, .N.A.. a Texas banking institution By: ~ ~ -"""'u Its: TOM ETHERFnC;F. VICE PRESIDENT Q:#~ ~\::;~':'~.~,...lf~',.~i~~)..:&~ 1 4~~:r~"Pv~;-\ jULlil. JOHNSTON-- ~~[!I 01 r-K.lT/~RY PUBLIC '" J~ " S fi\ Tlo OF TEXAS .A, ......-:.... "!':I\'ot'\~~;" COMM EXP, 01)-13-1999 ........',1.." . ~.;.:'." ~~"~~.e,~ ;C._.~~ ANK SEAL] \ ,\'..:'" I." . :::: ,~"", ,?"~Cd, ,0" '" Q _-.-<>C:~,. - ,\ '\. ~ "~r.;- - .~.,. ~~. "'~ ~ ;/.,,! ~ 't,_ _~ ~ "J:J ;>~ \ ' '\ "'. ~. li r \:" ~ _..~ ~. '""~ ;$ ~ t; ...~ ~ .,;~~ t 'st ~ .:::: <'1; ~ .,;;--" ~ "-:.k ' <l j'v ;;; :; ct: ~ 'i' \)<:: au. k . f ~~"~Y.. t.f'~' ~ ~. "';. fP' 'I.~ f:? ;.,r . ,:0 ~~ ~ ~~".'~~~;~:~ " . JJi~ ;f ~~ ~-~'-..'.i.~ ~" -1 I -. , " ""., ...:: 'I ',1 'J ~ "J" "" :II/III", I: IIII i"\\'" My Commission Expires: [NOTARY SEAL] 01010\2\stor2cln -7- .REEL J~4 PAGE 4~ "., . . . .' , EXHIBIT ~ REEL 601 PAGE 763 (Roadway.Property Description) ALL THAT TRACT OR PARCEL OF LAND lying and being in the 1269th G .M.D., Richmond County, Georgia, said tract being more particularly described as follows: TO :FIND THE TRUE POINT OF BEGINNING commence at a concrete right-of-way monument located at the intersection of the southwestern right-of-way line of Pleasant Home Road (130 foot right-of-way) with the southeastern right-of-way line of Interstate 20; Thence run along the southwestern right-of-way line of Pleasant Home Road and along the arc of a curve to the left (said curve having a radius of 1702.02 feet and being subtended by a chord bearing South 360 34' 47" East and having a chord distance of 809.07 feet) an arc distance of 816.88 feet to a point and the TRUE POINT OF BEGINNING; From said TRUE POINT OF BEGINNING as thus established, Thence continue running along the southwestern right-of-way line of Pleasant Home Road and along the arc of a curve to the left (said curve having a radius of 1702.02 feet and being subtended by a chord bearing South 530 18' 55" East and having a chord distance of 177 .32 feet) an arc distance of 177.40 feet to a point; Thence leave the southwestern right-of-way line of Pleasant Home Road and run South 860 52' 50" VV'est a distance of 63.48 feet to a point; Thence run South 490 23' 21" West a distance of 13.61 feet to a point; Thence run along the arc of a curve to the left (said curve having a radius of 843.18 feet and being subtended by a chord bearing South 34002' 07" West and having a chord distance of 446.51 feet) an an: distance of 451.90 feet to a point; Thence run South 180 40' 56" West a distance of 719.49 feet to a point; Thence run South 260 19' 04" East a distance of 28.28 feet to a point; Thenc:e run South 710 19' 04" East a distance of 48.33 feet to a point; Thence run along the arc of a curve to the right (said curve having a radius of 255.50 feet and being subtended by a chord bearing South 650 27' 02" East and having a chord distance of 53.46 feet) an arc distance of 53.96 feet to a point; Thence run along the arc of a curve to the right (said curve having a radius of 255.50 feet and being subtended by a chord bearing South 450 39' 32" East and having a chord distance of 121.78 feet) an arc distance of 122.97 feet to a point; Thence run South 310 52' 17" East a distance of 1276.51 feet to a point; 01010\2\stor2c1n -8- REEL 601 PAGE 764 RCCl 594 PAGC sO.~ . . . Thence run South 740 53' 16" East a distance of 36.56 feet to a point located on the northwestern right-of-way line of Wheeler Road (80 foot right-of-way); , ,-- Thence run along the northwestern right -of-way line of Wheeler Road South 620 05' 46" West a distance of 60.01 feet to a point; Thence continue running along the northwestern right-of-way line of Wheeler Road South 62005' 46" Vlest a distance of 30.08 feet to a point; Thence continue running along the northwestern right-of-way line of Wheeler Road South 620 05' 46" Vlest a distance of 30.00 feet to a point; Thence leave the northwestern right-of-way line of Wheeler Road and run North 150 02' 50" East a distance of 40.88 feet to a point; Thence run North 32000' 06" West a distance of 241.48 feet to a point; Thence run North 310 48' 44" West a distance of 531.09 feet to a point; Thence run South 620 07' 27 " West a distance of 3.97 feet to a point; Thence run North 310 52' 35" West a distance of 494.18 feet to a point; Thence run along the arc of a curve to the left (said curve having a radius of 186.50 feet and being subtended by a chord bearing North 510 35' 50" West and having a chord distance of 125.86 feet) an arc distance of 128.38 feet to a point; Thence run North 710 19' 04" West a distance of 48.95 feet to a point; Thence run South 630 40' 56" West a distance of 28.28 feet to a point; Thenee run South 180 40' 56" West a distance of 934.82 feet to a point; Thence run South 620 52' 57" West a distance of 5.02 feet to a rebar in a 1 1/2" open top pipe found; Thence run North 31 0 44' 35 " West a distance of 118.71 feet to a point; Thence run North 180 40' 56" East a distance of 1691.29 feet to a point; Thence run along the arc of a curve to the right (said curve having a radius of 938.18 feet and being subtended by a chord bearing North 330 47' 51" East a having a chord distance of 489.28 feet) an arc distance of 495.00 feet to a point; Thence run North 00049' 48" West a distance of 51.24 feet to a point located on the southwestern righh>f-way line of Pleasant Home Road and THE TRUE POINT OF BEGINNING; 01010\2\stor2cln -9- '. . . .. . .. REEL J34 PAGe 51 ' REEL 601 PAGE 765 . . . . S~id i~bove-described parcel being also described on that certain Phase Map prepared for Augusta Exchange, L.L.C., Guaranty Federal Bank, FSB, Heller Financial, Lawyers Title Insurance Corporation and Chicago Title Insurance G,.ompany, prepared by Southern Partners, Inc., bearing the certification and seal of William F. Todd, Jr., Georgia Registered Land Surveyor Number 2506, dated June 14, 1996. OlOlO\2\stor2c1n -10- , . ~. REeL 594 PAGE 52 . , REEL 601 PAGE 766 EXHIBIT T Adjoining Prc;!perty Legal Description ALL THAT TRACT OR PARCEL OF LAND lying and being in the 1269th G.M.D., Richmond County, Georgia, said tract being more particularly described as follows: BEGIN at a concrete right-of-way monument found at the intersection of the southwestern right- of-way line of Pleasant Home Road (130 foot right-of-way) with the southeastern right-of-way line of Interstate 20; Thence run along the southwestern right-of-way line of Pleasant Home Road and along the arc of a curve to the left (said curve having a radius of 1702.02 feet and being subtended by a chord bearing South 360 21' 27" East and having a chord distance of 796.22 feet) an arc distance of 803.66 feet to a point; Thence leave the southwestern right-of-way line of Pleasant Home Road and run South 400 06' 56" \Vest a distance of 42.78 feet to a point; Thence run South 410 44' 30" East a distance of 45.68 feet to a point; Thence run along the arc of a curve to the left (said curve having a radius of 938.18 feet and being subteIlded by a chord bearing South 430 07' 04" West and having a chord distance of 168.12 feet) an arc distance of 168.35 feet to a point; Thence run along the arc of a curve to the left (said curve having a radius of 938.18 feet and being subtended by a chord bearing South 280 19' 47" West and having a chord distance of 314.45 feet) an arc distance of 315.94 feet to a point; Thence run South 180 40' 56" West a distance of 238.00 feet to a point; Thence run North 710 19' 04" West a distance of 439.78 feet to a rebar set; Thence run South 11 0 14' 38 " West a distance of 17.82 feet to a rebar set; Thence run North 710 19' 04" West a distance of 256.02 feet to a rebar set; Thence run North 180 40' 56" East a distance of 69.67 feet to a rebar set; Thence run North 710 19' 04" West a distance of 183.04 feet to a rebar set on the northeastern right-of-way line of Perimeter Route Exchange (right-of-way varies); Thence run along the northeastern right-of-way line of Perimeter Route Exchange North 180 40' 56" East a distance of 555.89 feet to a concrete right-of-way monument found; OlOlO\2\stor2cln -11- ReeL ~94 PAGE SJ- . " , ' REEL 601 PAGE 767 . Thence continue running along the northeastern right-of-way line of Perimeter Route Exchange North 250 32' 26" East a distance of 280.08 feet to a concrete right -of-way monument found at the intersection of the northeastern right::,of-way line of Perimeter Route Exchange with the southeastern right-of-way line of Interstate 20; Thence leave the Perimeter Route Exchange and run along the southeastern right-of-way line of Inten,tate 20 North 530 30' 01" East a distance of 185.52 feet to a concrete right-of-way monument found; Thence continue running along the southeastern right-of-way line of Interstate 20 North 630 53' 48" East a distance of 257.51 feet to a concrete right-of-way monument found at the intersection of thE: southeastern right-of-way line of Interstate 20 with the southwestern right-of-way line of Pleasant Home Road and the POINT OF BEGINNING; Said tract containing 20.65 acres +, as per Phase Map prepared for Augusta Exchange, L. L. C. , Guaranty Federal Bank, F. S. B., Heller Financial, Lawyers Title Insurance Corporation and Chicago Title Insurance Company, prepared by Southern Partners, Inc., bearing the certification and sl~al of William F. Todd, Jr., Georgia Registered Land Surveyor Number 2506, dated June 14, 1996, last revised January 22, 1997. 010 1O\2\stor2cJn -12- . '. .' . REDL 594 rAGE S4 L'\rlIBIT "e" REEL 601 PAGE 768 Target Parcel Legal Description .-\LL lR.\ T TR-\CT OR P.-\RCEL OF L-\. ~D lying and being in the 1269th D.G.M. of Richmond County, Georgia, said tract be~ng more particularly described as follo......'S: TO FI.~D THE TRUE POINT OF BEGI~iNING commence at a concrete right-of-way monument found at ~he intersection of the southeastern right-of-way line of Interstate 20 ..,....irh the southwestern right-of-way line of Pleasant Home Road (130 foot right-of-way); Thence: run along the southeastern right-of-way line of Interstate 20 South 63053' 48" West a distance of 257.51 feet to a concrete right-of-way monument found; Thence continue running along the southeastern right-of-way line of Interstate 20 South 530 30' 01" West a distance of 185.52 feet to a concrete right-of-way monument found at the intersection of the southeastern right-of-way line of Interstate 20 with the eastern right-of- way line Perimeter Route Exchange; Thence leave the southeastern right-of-way line of Interstate 20 and run along the eastern right-of-way line of Perimeter Route Exchange South 25~ 32' 26" West a distance of 280.08 feet to a concrete right-of-way monument found; The:-:ce continue running along the easteril right-of-way line of Perimeter Route Exchange .south 18040' 56" \,Vest a distance of 555.89 feet to a rebar set and the TRUE POn\T OF BEGI~NING; Fror.1 said TRUE POINT OF BEGINNL'."G as thus established, thence leave the eastern right-of-way line of Perimeter Route Exchange and run South 710 19' 04/1 East a distance of 183.04 feet to a rebar set; Tnence run South 18040' 56" \.Vest a distance of 69.67 feet to a rebar set; Ther:ce run South 710 19' 04" East a distailce of 256.02 feet to a rebar set; Ther:ce run :\urth 110 14' 38" East a distar:ce or 17.82 feet to a reba:- set; Thence run South 710 19' 04" East a distance of 439.78 feet to a rebar set on the nonhwe:;tern right-of-way line of Future Augusta-Richmond County Road (95 foot right-of- way); Thence run along the northwestern right-of-way line of Future Augusta-Richmond County Road Sa uth 18040' 56" \Vest a distance of 563.50 feet to a rebar set; 13 RECl 594 PAGE 3:5 " REEL 601 PAGE 769 /, .....4'. '.. " . Thence leave the northwestern righr-of-way line of Future Augusta-Richmond County Road and run North 71" 19' 04" West a distance of 690.16 feet to a rebar set on the northeastern right-of-way line of Bobby Jones Expressway Interstate 520; Thence run along the northeastern right-of-way line of Bobby Jones Expressway Interstate 520 and along the arc of a curve to the left (said curve having a radius of 2055.60 feet and being s;Jotended by a chord bearing North 15044' 09" West and having a chord distance of 208.11 feet) an arc distance of 208.20 feet to a concrete right-of-way monument found; Thence continue running along the northeastern right-of-way line of Bobby Jones Expressway Interstate 520 North 03~ 05' 45" West a distance ,of 185.28 feet to a concrete right-'Jf-way monument found at the intersection of the northeastern right-of-way line of Bobby Jones Expressway Interstate 520 with the eastern right-of-way line of Perimeter Route Exchange; Thence leave the northeastern right-of-way line of Bobby Jones Expressway Interstate 520 and nm along the eastern right-of-way line of Perimeter Route Exchange North 18040' 56" East a distance of 271.76 feet to a rebar set and the TRUE POINT OF BEGINNING; Said tract contains 10.81 .:!:.. acres, as per Phase Map prepared for Augusta Exchange LLC, Dayton Hudson Corporation, Chicago Title Insurance Company, and First American Title Insura.nce Company, prepared by Southern Partners, Inc., dated May 6, 1996, last revised October 30, 1996, said survey being incorporated herein by reference thereto. 01010\2\ ,c:g:lis\carge:2,:gl 14 , ..'1 EXHIBIT D . . ~ . .,:.". ..:.: .~... ."..;; -'. ,. . '"...1:. 'M . ! , ..... !, '-.:...1;' !~l' .; ~ f~ .' . " ~ ~ ~ 'l)'i ., .;" ~:~ m"- "~ ' . Ii:" i-I 'i, r 'ij ) '" 5 ~:::'H .M ~",' . T":" ;Hi!' . . . n' 'If ~ .:. ;,. ~;;;,:' I >~, '" ,J.:z ..:. ~:! ,! 1 :,;:' "-"'i...~! . "-'~..:;- . :';'.; .............., , , i " ./ r I !~l'i. " fr' ~t!~ , ..f ~ , i 1(1- I'. ~_ ~.. =,.~.,- . . ....~ C ~-..c.:'.. .. ~~-..~ . ~.. " ........ '- ---'.,", 1.J ?' !..: I ", \ -: .. ---::::..: ". ~ ~...~~ " ...., '--~.:~ ........ " ......... --' ", .~, ....".. --....'" " . . l S 1= , , '" J ~ " I ,5 'So , H'! ,;1' Hd :p: :=:j ii~i "'j 5~fl i"1 : I. ..~! I" . '," r HL i~~~ ::.= i~: ii =~ :; ~ ~ .... '" j ;!:! ~ :<: ,,-OCATe::;) .... .VCI.".'ST'..... '" C-.....C.....: c:.:l...~':"'- O!:C..Ol.... AUGUSTA EXCHANGE ~ I II.> REEL 594 rAGE 5~ REEL 601 PAGE 770 PAGE: .1 of 2 '.k ~' Pi "'l ~ ,;!o r.: ~ ~ CJ) ." ," .:i ... 8 ~ ... .1:,': '" " .0 \J .~ ! Jiu.n ~1:! ~I ~~~;~~ =~ ~ 5 ~ ~ " , ~ l~~~i.. I." .~ - . .. &. :~ .i~~i! i.~' .... ~. ;~, '-../ O. ',..,-~~;,,' .~~.~ AUGUSTA EXCHANGE LtC ::.......rw:.... .r~ "'.":'4I.~ ., .u-'"' .......... J,o '-="--'CI' : .":j:y';?::~' ; '.~ ri;~.:::. 1:-:-:. .'''''4'.' r__.'",>6S ............... .~._.....__. ...-'- --...... ~ :.f . \ ReeL S~4 rAGe S7~ REEL 601 PAGE??1 , . " . . :,'. .-O':.:J'r.....;1 -s .. .' ,~:.. ~ EXHIBIT D PAGE: 2 of 2 ~. .....- c~ .~~ i~ I~i R~ ~~~ H in i~ 92 ~\ "~\, ~.';,:JjL\ ~~~i \ . r. ~. \ ,J \, 1.. , ~',:-'~"\ '" " n,. .......: ,... ";t- .' ,..-\ ~ ,oJ' " ;,...< ,"',7 ',' \? :, , . U' '\', ~ " \c '\ " .. '\ . , J ';.. 0: ,... ~ -;;.- -:::-. ':. .' ,.- ?, " ;;,. ?~ ,.... . ..'"'ok -::;. " .' ' ;, <l ~ '. :<~ H '\ ,-' '\\ \, '. '.1 '. -1":' :~~r~'"" " .' " .... ~.~..,~ . ,,,:,...'/', ~ r:l~' - . <,~ ",.' ~ : I;: ,,\........ : 1- , ., " < . . . ~ ~ '" '" '" CI ~ ;.'2 )0. "" ~SNc:r--:-- C"> "'" ..!.. . --... - ............ ....- -- , ..---........... AUGUSTA EXCHANGE LCC....TI!:O IN ...uoUST...... '""c.........O....O CO\"J~T.,... OCO""'CIA $OIJTHEfill PARTNER$. /He. -~---~~ "" '.1', REEL :j94 l' AGE :;s.:.. .. . , . . EXIDBIT ~ REEL 601 PAGE 772 EaSement Area Legal Description ALL THAT TRACT OR PARCEL OF LAND lying and being in the 1269th G.M.D., Richmond County, Georgia, said tract being more particularly described as follows: BEGIN at a concrete right-of-way monument found at the intersection of the southwestern right- of-way line of Pleasant Home Road (130 foot right-of-way) with the southeastern right-of-way line of Imerstate 20; Thence run along the southwestern right-of-way line of Pleasant Home Road and along the arc of a curve to the left (said curve having a radius of 1702.02 feet and being subtended by a chord bearing South 360 21' 27" East and having a chord distance of 796.22 feet) an arc distance of 803,66 feet to a point; Thence leave the southwestern right-of-way line of Pleasant Home Road and run South 400 06' 56" Vvest a distance of 42.78 feet to a point; Thence run South 410 44' 30" East a distance of 45.68 feet to a point; Thence run along the arc of a curve to the left (said curve having a radius of 938.18 feet and being subtended by a chord bearing South 430 07' 04" West and having a chord distance of 168.12 feet) an arc distance of 168.35 feet to a point; Thence run along the arc of a curve to the left (said curve having a radius of 938.18 feet and being subtended by a chord bearing South 280 19' 47" West and having a chord distance of 314.45 feet) an arc distance of 315.94 feet to a point, said point being the POINT OF 'BEGINNING; , Thence run along the arc of a curve (said curve having a radius of 938.18 feet and being subtended by a chord bearing South 190 18' 29" West and having a chord distance of 20.49 feet) an arc distan~e of 20.49 feet to a point; Thence run South 180 40' 56" West a distance of 117.95 feet to a point; Thence run North 080 30' 41" East a distance of 110.62 feet to a point; Thence run North 70000' 46" West a distance of215.38 feet to a point; Thence run North 11 0 46' 32 " West a distance of 307.08 feet to a point; Thence run North 24042' 14" East a distance of 124.94 feet to a point; Thencle run North 180 40' 56" East a distance of 118.46 feet to a point; Thence run North 290 47' 29" West a distance of 156.50 feet to a point; OlOlO\8\GrantEse -17- '"'.. ,'..... ,- --REEL 594 rAGE ~~ ~ , ., . , Jhence run South 710 19' 04" East a distance of 25.23 feet to a point; REEL 601 PAGE 773 Thence run North 610 28' 44" East a distance of 13.28 feet to a point; Thenct: run South 290 47' 29" East a distance of 145.74 feet to a point; Thenct: run South 83023' 30" East a distance of 220.29 feet to a point; Thence: run along the arc of a 95 foot radius curve (said curve being subtended by a Chord having a bearing of South 220 55' 16" West a chord distance of 14.06 feet) a arc distance of 14.05 feet to a point; Thence: run South 180 40' 56" West a distance of 6.67 feet to a point; Thence: run North 83023' 30" West a distance of215.33 feet to a point; Thence run South 180 40' 56" West a distance of 117.27 feet to a point; Thence run South 240 42' 14 " West a distance of 116.63 feet to a point; Thence run South 11 0 46' 32" East a distance of 280.48 feet to a point; Thence run South 700 00' 46" East a distance of 217.74 feet to a point, said point being the POINT OF BEGINNING. GAl RICHMON FI c. ECORDED 28 APR 1998 GAl RICHMOND COUNTY CLERK SUPERIOR COURT FILED FOR RECORD 29 JUN 1998 AT 02:11PM RECORDED 29 JUN 1998 010 1O\8\GrantEse -18-