HomeMy WebLinkAboutPARKING GARAGE BOARD OF EDUCATION SKYWALK AGREEMENT
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SKYWALK EASEMENT
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THIS AGREEMENT is entered into this 21- day of}.l:e.",wl1er, 2003, among Augusta,
Georgia, a Political Subdivision of the State of Georgia (hereafter referred to as the "City") and
the County Board of Education of Richmond County Georgia, a Subdivision of the State of
Georgia (hereafter referred to as the "Board of Education").
WHEREAS, the City is the holder of the fee interest in certain property located in the
State of Georgia, County of Richmond, and City of Augusta, and known as the Parking Deck
Property as more fully described on Exhibit "A" attached hereto, which property is improved
with a two story parking deck (the "Parking Deck").
WHEREAS, the Board of Education owns the fee interest in certain property contiguous
to the Parking Deck (the "Office Building Property"), improved with a four story office building
("Office Building"), and having the street address of 854-870 Broad Street, Augusta, Richmond
County, Georgia; being more particularly described on Exhibit "B" attached hereto; and
WHEREAS, the City and the Board of Education desire to create certain easements for
the mutual benefit of the Office Building Property and the Parking Deck;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sum
of $10.00 paid by each party to the other, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties to this agreement covenant and
agree as follows:
1.
DECLARATION: PERSONS BENEFITED AND BOUND:
1.01 Declaration. The City and the Board of Education declare that the Parking Deck
and the Office Building Property, respectively, and every portion thereof, is and shall be held,
developed, occupied, used, leased, transferred, encumbered, sold, and conveyed subject to the
rights, covenants, obligations, duties, benefits, easements, and other provisions created, declared,
or contained in this Agreement.
1.02 Persons and Property Benefited and Bound:
A. The rights, covenants, obligations, duties, benefits, burdens, easements,
and other provisions created, declared, or contained in this Agreement shall benefit and bind the
Parking Deck Property and the Office Building Property, respectively, and each purchaser, ;
tenant, licensee, invitee, user, security deed holder, and lien holder, of any portion of the Parking
Deck Property or the Office ,;Building Property, and each of their respective heirs, personal
representatives, successors, and assigns, and shall at all times hereafter be appurtenant to, affect,
and run with the land generally.
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B. This Agreement shall be recorded in the Office of the Clerk of Superior
Court for Richmond County, Georgia and, when so recorded: (i) every deed, lease, security
deed, or other instrument hereafter conveying, leasing, encumbering or in any way affecting title
to or any interest in the Parking Deck Property or the Office Building Property generally, or any
portion thereof, shall refer to this Agreement and in any case shall be under and subject to this
Agreement and to the rights, covenants, obligations, duties, benefits, easements, and other
provisions herein created, declared, . or contained, as though the same were therein fully recited
and set forth in their entireties; and (ii) the execution or acceptance of any instrument, or the act
of occupancy use of the Parking Deck Property or the Office Building Property generally, or any
portion of either of them, shall constitute an agreement to be subject to and bound by this
Agreement, and in acceptance and ratification of this Agreement.
2.
CREATION AND GRANT OF EASEMENTS. The City hereby grants, sells, and
conveys to the Board of Education, its successors and. assigns, and the Board of Education
hereby grants, sells, and conveys to the City, its successors and assigns, the following perpetual,
non-exclusive, and irrevocable easements:
A. an easement to use the following skywalk for the purpose of pedestrian
ingress, egress, and access as well as for the use and installation of electrical, telephone,
computer, and security systems wiring in the skywalk:
(i) The skywalk connecting the Office Building and the Parking Deck
("Skywalk") as shown on the plat attached hereto as Exhibit "C".
B. an easement to use those common areas of Office Building which are
necessary or convenient for the full utilization of the Skywalk for the purpose of pedestrian
ingress, egress, and access as well as for the use and installation of electrical, telephone,
computer, and security systems wiring, provided such wiring runs through the Skywalk.
3.
WALL CONNECTIONS. As a part of the consideration for the mutual conveyances set
forth in Section 2 above, the City and the Board of Education, for themselves and their respective
successors and assigns, covenant and agree as follows:
A. The southwesterly wall of the Office Building and the northeasterly wall
of the Parking Deck may be used by the City and the Board of Education to connect and support
the Skywalk, as shown on the plat attached hereto as Exhibit "C".
4.
ADDITIONAL OBLIGATIONS:
4.01 Limitation of Rights. Nothing herein shall be construed as a grant to the general
public. The easements described in this Agreement are not intended to benefit parcels of land
other than.those specifically identified herein without the consent in writing, in recordable form,
of the City and the Board of Education.
4.02 Reservation of Rights. The easements and other rights and benefits granted in this
Agreement are non-exclusive, and the City and the Board of Education reserve and retain the
right to convey similar rights and easements to such other persons or entities as they may deem
proper.
4.03 Subordination. The City hereby subordinates its fee interest in the Parking Deck
Property and the improvements there, and the Board of Education hereby subordinates its fee
interest in the Office Building Property and the improvements thereon, to the terms and
conditions of this Agreement, and the same shall automatically and without further act or deed be
so subordinated. Any deed, lease, security deed, other security instrument, or other document
conveying or creating an interest in or affecting any part or shall of the Parking Deck Property or
the Office Building Property shall automatically and without further act or deed be subordinated
to the terms and conditions of this Agreement.
4.04 Repair and Maintenance of SkyWalks. Whenever it shall become necessary to
repair or rebuild Skywalk, the expenses of such repairing or rebuilding shall be' solely borne by
the Board of Education. It shall become necessary to repair or rebuild the Skywalk or any part
thereof if any of the following occur: (i) repairs or rebuilding shall be necessary to maintain the
Skywalk or any part thereof in good repair and condition; (ii) repairs or rebuilding shall be
required by any law, ordinance, regulation, or requirement of any public authority having
jurisdiction; or (iii) the Skywalk or any part thereof shall be damaged or destroyed by fire or
other casualty. Notwithstanding the foregoing, ifthe Skywalk if so extensively damaged by fire
or other casualty that it is not reasonable to rebuild it, then the Board of Education, at its sole
option, may elect not to rebuild the Skywalk. Whenever the Skywalk or any part thereof shall be
rebuilt; however, they shall be rebuilt in substantially the same location as, shall be substantially
the same size as, and shall be of quality at least good as the Skywalk existing immediately prior
to the event necessitating the rebuilding. If the Board of Education ceases to use the Parking
Deck Property upon the termination of the lease, or any renewal thereof, or for any other reason,
the Board of Education shall be required to dismantle, demolish and remove the Skywalk.
5.
MISCELLANEOUS PROVISIONS:
5.01 Effective Date: Amendments. This Agreement shall become effective upon
execution. This Agreement may be amended from time to time by recorded written instrument
duly executed and acknowledged by the fee owner of the Parking Deck Property and the fee
owner of the Office Building Property.
5.02 Invalidity. If any provision of this Agreement is determined to be invalid, such
determination shall not affect the validity or effect of the remaining provisions of this
Agreement, all of which shall continue in effect as. if such invalid provision had not been
included in this Agreement.
5.03 Headings. The paragraph titles and headings of this Agreement are for
convenience of reference only, do not form a part hereof, and shall not affect the meaning or
interpretation of this Agreement.
5.04 Pronouns and Plurals. All pronouns and any variation thereof are deemed to refer
to the masculine, feminine, and neuter, singular, or plural, as the identity of the persons may
reqUlre.
5~05 Entire Agreement. This Agreement contains the entire understanding and
agreement among the parties hereto, and supersedes any prior understandings and agreements
among them respecting subject matter of this Agreement.
5.06 Parties in Interest. This Agreement shall bind and inure to the benefit of the City
and the Board of Education, and their respective successors and assigns.
5.07 The Downtown Development Authority (hereafter "DDA") of the City of Augusta
holds the ground lease to the property upon which the Parking Deck is constructed as described
in Exhibit "A". DDA joins in this agreement solely for the purpose of consenting to the
construction of the Skywalk Easement between the City and the Board of Education.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to the
foregoing Skywalk Easement the day and year first above written.
Signed, sealed & delivered
in the presence of:
LESSOR:
Not ublic, Richmond County
State of Georgia -
tIDtafy Public, CO\!Jrnbla County, Georgia
My Commil:;!$,or', Expires Aug. 1, 2006
LESSOR:
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Signed, sealed & delivered
in the presence of:
DOWNTOWN DEVELOPMENT
AUTHO OF THE CITY OF
AUGUS A
Notary Public, Richmond County
State of Georgia
Signed, sealed & delivered
in the pre:~
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Notary Pubno, RIchmond County, Qeorg1a
M1 CommlssIoo Elcpfres Nov. 12. 200a
Notary Public, Richmond County
State of Georgia
LESSEE:
THE COUNTY BOARD OF
EDUCATION OF RICHMOND
COUNTY
By:b~~
Al~
ATTES .
As its S "
EXHIBIT" A II
TO LEASE AGREEMENT
ALL that tract or parcel ofland, including any improvements thereon, situate, lying and being in the
State of Georgia, County of Richmand, City .of Augusta, on the northeasterly corner of the
intersection of Ninth Street and Greene Street, being more particularly delineated on a certain plat
made by Baldwin Engineering Company, dated April 19 , 1967, which plat is attached to a Warranty
Deed from Margaret C. Ingram to Blanchard & Calhoun Real Estate Co. dated September 1, 1967,
and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty
Book 34- H, Page 892, et sequential, which plat by reference thereto is incorporated herein and made .
a part-hereof for a more complete and accurate description of the metes, bounds, courses, distances,
and location of said property.
ALSO ALL that lot of land in the City of Augusta, County of Richmond, and State of Georgia,
located on the southeastern corner of Ellis Street and Ninth Street, or Campbell Street, having a front
of 133.95 feet more or less on said Ellis Street, and running back of slightly increasing width 133.95
feet more or less on said Ninth Street or Campbell Street, and 134.3 7 feet more or less, along its
easterly boundary to its rear line or boundary which is 135 feet more or less, in length. The eastern
boundary .of said lot, starting at the northeasterly corner of said lot, runs 99.37 feet more or less to
the property formerly owned by the Church of the Resurrection, at which point it runs westwardly
.5 feet more or less, running thence 35 feet more or less, along the western boundary of the property
of the Church of the Resurrection to the southeasterly corner of said lot. Said property is bounded
as follows: On the north by Ellis Street; on the west by Ninth Street or Campbell Street; on the south
by property now or formerly of Mrs. Ingram, formerly Mrs. Margaret Kirsch; on the east by property
now or formerly of the Church of the Resurrection and by property now or formerly of Stovall-
Daniel Company. Said property is more particularly shown and described on a plat dated April 27,
1939, prepared by Walton Flythe, C.E., which plat is recorded in the Deed Records of Richmond
County, Georgia, in Realty Book 13- U, Page 169, which plat by reference thereto is made a part
hereof in aid of a more complete and accurate description of said praperty.
ALSO ALL that lot or parcel of land, with the improvements thereon, on the south side of Ellis
Street, between Jackson and Campbell Streets, and known under the present system of numbering
in the City of Augusta as 832-834 Ellis Street, having a front on the south side of Ellis Street of fifty-
seven and sixty-six one-hundredths (57.66) feet, more or less,. and extending back between
practically parallel lines in a southerly direction a distance of one hundred thirty-three and sixty-two
one-hundredths (133.62) feet, more or less, and having a width in the rear. of fifty-seven and seven
one hundredths (57.07) feet, more or less; being BOUNDED: North by Ellis Street, east by property
now or formerly of The Citizens & Southern National Bank, trustee far Mary J. Kernaghan; south
by property now or formerly of Alice Bell; west by property now or formerly of The Evangelical
Lutheran Church of the Resurrection and property described immediately below.
ALSO ALL that lot or parcel of land with the improvements thereon, on the south side of Ellis
Street, between Eighth or Jackson Street and Ninth or Campbell Street, and known under the present
-1-
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system of numbering in the City of Augusta as 836-838 Ellis Street, fronting ninety (90) feet, more
or less, on Ellis Street and extending back in a southerly direction from Ellis Street of equal width
and between parallel lines a distance of one hundred (I 00) feet, more or less; BOUNDED: North by
Ellis Street, east by property herein next above described; south by property now or formerly of The
Evangelical Lutheran Church of the Resurrection; and west by property now or formerly of Most
Reverend Gerald P. O'Hara, Bishop of Savannah-Atlanta.
ALSO ALL that lot or parcel ofland, with improvement thereon, situate, lying and being in the. City
of Augusta, Richmond County, Georgia, on the south side of Ellis Street between Jackson (Eighth)
Street and Campbell (Ninth) Street, having a frontage on the south side of Ellis Street of 60.5 feet
and extending back in a southerly direction between parallel lines a distance of 133.20 feet. Said
property is bounded as follows: On the north by Ellis Street; on the, east by property of Southern Bell
Telephone and Telegraph Company; on the south by property now or formerly of the Lutheran
Church of the Resurrection; on the west by property now or formerly ofStovall~Daniel Company,
presently owned by Arnold J. Kellos, et at
-2-
EXHIBiT "B"
PARCEL NO. 1
ALL OF THAT TRACT OR PARCEL OF LAND beginning at a point at the intersection
of Broad and Campbell (9th) Streets and running in an Easterly direction along Broad
Street forty one and twenty one-hundredths (41.20) feet thence in a southerly direction
two hundredth (271.58) feet to Ellis Street, thence in a Westerly direction along Ellis
Street forty three and eighty one-hundredths (43.80) feet to a point at the intersection of
Ellis and Campbell (9th) Street, then in a Northerly direction along Campbell (9lh) Streets
two hundred seventy one and seventy two one hundredths (271.72) feet to the point of
beginning. Said property bounded on the North by Broad Street, on the East by property
now or formerly of Andrews, on the South by Ellis Street, and on the West by Campbell
(9th) Street.
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SAID PROPERTY IS THE SAME as that conveyed by Warranty Deed of Louise
del'Aigle Seyd (alk/a Louise de1'Aigle Reese) to Mary E. Roberts, et al on tlle 5lh day of
February, 1910, recorded in the Office of the Clerk of the Superior Court of Richmond
County, Georgia in Realty Book 7C at Page 516.
SAID PROPERTY IS DESIGNATED as "Roberts" tract on a survey and plat made by
Geo. W. Summers, C.E. dated March, 1916, and recorded in the Office of the Clerk of
the Superior Court o[Richmond County, Georgia in Realty Book 8L at Page 145.
PARCEL NO.2
ALL THAT LOT OR PARCEL OF LAND located in the Cit6' of Augusta, Richmond
County, Georgia, on the South side of Broad Street between Sl (Jackson) Street and 9lh
(Campbell) Street together with the three-story brick building and basement known as
Nos. 868 and 870 (old No. 846 Broad Street), three-story brick building known as 855-
859 (old No. 849) Ellis Street. Said lot fronting 28' 9" on Broad Street and running
through 264' to Ellis Street on which has a 27' 9" frontage. BOUNDED: on the North by
Broad Street; East by lot of D' Antignac Real Estate and Improvement Company; South
by Ellis Street and West by land of the Trust Estate ofW. S.Robert.
SAID PROPERTY IS THE SAME as that conveyed by Warranty Deed of W.H. Harison,
Jr. and Noble W. Harison to Andrews Bros. Company on the 7111 day of March, 1916.
recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in
Realty Book 8-L, Page 144-145.
SAID PROPERTY IS DESIGNATED AS "Andrews Bros. Company" tract on a survey
and plat made by Qeo W. Summers, C.E., dated March, 1916 and recorded in the Office
of the Superior Court Clerk of Richmond County, Georgia at Realty Book 8-L at Page
145.
PARCEL NO.1 and PARCEL NO.2, combined "is" known as Parcel166.01 on the Tax
Map 37-3, in the Richmond County, Georgia Tax Commissioner's Officer, Augusta,
Georgia.
These two parcels are known as the H.L. Green Building.
ALSO ALL THAT LOT OR PARCEL OF LAND, with the improvements thereon,
situate, lying and being in the State of Georgia, County of Richmond and City of
Augusta, more particularly described as follows: BEGINNING at a point on the South
side of Broad Street sixty-nine and eighty-nine hundredths (69.89) feet, more or less, east
as measured along the South side of Broad Street, from the Southeast corner of Campbell
(Ninth) Street and Broad Street, and running thence east along the South side of Broad
Street seventy-three and nine-tenths (73.9) feet, more or less, to the property now or
formerly owned by A.B. Yon Kamp~ running thence South along the line of said property
two hundred seventy-three (273) feet, more or less, to Ellis Street; thence West along the
North side of Ellis Street seventy-three and nine-tenths (73.9) feet, more or less, to the
property now or formerly owned by Philomena and James Andrews; and running thence
North along the East line of said property two hundred seventy-three (273) feet, more or
less, to Broad Street and the point of beginning.
This property is known as the Davidson's Building.
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GRID N: 1264049.865
GRID E: 716756.383
LATITUDE: 33'28'29.603"
LONGITUDE: -81'58'04.658".
ELEV.: 134.99'
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