HomeMy WebLinkAboutASU Jaguar Student Housing I Easement
Augusta Richmond GA
DOCUMENT NAME: A ~ \.) "Jr'l-~Vfl{<. ~11JDE,v T \-IouSl N J 1: el'15f;:h-, /i:JJ I
DOCUMENT TYPE: eJtSfp) UV '1
YEAR: ;< 00 tf
BOX NUMBER: d l/
Fll..E NUMBER: 17 y ~ I
NUMBER OF PAGES: I ~
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Book 00945:1956 Augusta - Richmond County
2004039153 08/19/200412:54:36.04
$38.00 EASEMENT ~_'---__
, 1111111111111111111111 Illll 11111 11111 11111 11111 11111 1111 1111
2004039153 Augusta - Richmond County
After recording, please return to:
Gerald W. Woods, Esq.
Kilpatrick Stockton LLP
Suite 1400
Wachovia Bank Building
699 Broad StTeet
Augusta, GA 30901-1453
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made and entered into as of
the 19th day of August, 2004, by and between AUGUSTA-RICHMOND COUNTY, also
known as AUGUST A, GEORGIA, a political subdivision of the State of Georgia, ("Grantor");
and ASU JAGUAR STUDENT HOUSING I, LLC, a Georgia limited liability company
("Grantee"; and Grantor and Grantee and their respective successors and assigns under this
Agreement are hereinafter sometimes referred to individually as a "Party" and collectively as
the "Parties");
WITNESSETH:
WHEREAS, Grantor is the owner of that certain tract of land described in Exhibit "A"
attached hereto and incorporated herein, said property being hereinafter referred to as the
"Grantor Property";
WHEREAS, Grantee is the owner of that certain tract of land contiguous to the Grantor
Property, described on Exhibit "B" attached hereto and incorporated herein, said property,
together with any additional contiguous property that may hereafter be under common ownership
therewith, being hereinafter referred to as the "Grantee Property"; and
WHEREAS, Grantor has agreed to grant certain easements as more particularly
described herein.
NOW, THEREFORE, in consideration of the foregoing premises, the grants, easements
and agreements herein made, and in consideration of Ten and nolI 00 Dollars ($10.00) in hand
paid and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereto intending to be legally bound do hereby agree as
follows:
Book 00945:1957 Augusta - Richmond Coun~--
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1. Permanent Easements. Grantor hereby grants, bargains, sells and conveys to
Grantee for the benefit of Grantee, the Grantee Property, any portion of the Grantee Property,
and all tenants, licensees, invitees and customers thereof, and their respective employees and
agents the following (collectively, the "Permanent Easements"):
(a) a permanent, non-exclusive and unobstructed access, ingress and egress
easement (the "Roadway Easement") in, upon, over, through, under and across that
portion of the Grantor Property more particularly described on Exhibit "C" attached
hereto and incorporated herein (the "Roadway Easement Area"), for the purpose of
vehicular and pedestrian access, ingress and egress over and across the driveways, paved
areas, walkways and related equipment, facilities and amenities, including, without
limitation, curb cuts, curbing, guttering, driveways, medians, paved areas, walkways,
signage, lighting and other areas of access now or hereafter existing in the Roadway
Easement Area (collectively, the "Roadway"), and for the purpose of utilizing, operating,
repairing, maintaining, replacing and removing the Roadway from time to time;
(b) a permanent, non-exclusive easement (the "Water Line Easement") in,
upon, over, through, under and across that portion of the Grantor Property more
particularly described on Exhibit "D" attached hereto and incorporated herein (the
"Water Line Easement Area"), for the purpose of utilizing, operating, repairing,
maintaining, replacing and removing from time to time underground water lines, sanitary
sewer lines and related connections, equipment, facilities and amenities, now or hereafter
existing in the Waterline Easement Area (collectively, the "Waterline"); and
(c) a permanent, non-exclusive easement (tbe "Drainage and Utility
Easement") in, upon, over, through, under and across that portion of the Grantor
Property more particularly described on Exhibit "E" attached hereto and incorporated
herein (the "Drainage and Utility Easement Area"), for the purpose of utilizing,
operating, repairing, maintaining, replacing and removing from time to time utilities,
sanitary sewer and storm drainage lines, detention facilities and related connections,
equipment, facilities and amenities, now or hereafter existing in the Drainage and Utility
Easement Area (collectively, the "Drainage and Utility Improvements").
The Roadway, the Waterline and the Drainage and Utility Improvements are herein
sometimes collectively caJled the "Improvements". The Roadway Easement Area, the
Waterline Easement Area and the Drainage and Utility Easement Areas are herein sometimes
collectively called the "Permanent Easement Areas".
2. Temporary Construction Easements. Grantor hereby grants, bargains, sells and
conveys to Grantee for the benefit of Grantee, the Grantee Property, any portion of the Grantee
Property, and all tenants, licensees, invitees and customers thereof, and their respective
employees and agents the following (collectively, the "Temporary Easements", which together
with the Permanent Easements are sometimes collectively refelTed to herein as the
"Easements"):
-~-- -- -------- -------~----
Book 00945:1958 Augusta - Richmond County
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(a) a temporary construction easement in, upon, over, through, under and across
those portions of the Grantor Property within thirty (30) feet of the Roadway Easement
Area (the "Roadway Construction Area") for the purpose of installing and constructing
the Roadway (the "Roadway Construction Easement");
(b) a temporary construction easement in, upon, over, through, under and across
those portions of the Grantor Property within thirty (30) feet of the Waterline Easement
Area (the "Water line Construction Area") for the purpose of installing and
constructing the Waterline (the "Water line Construction Easement"); and
(c) a temporary construction easement in, upon, over, through, under and across
those portions of the Grantor Property within thirty (30) feet of the Drainage and Utility
Easement Area (the "Drainage and Utility Construction Area") for the purpose of
installing and constructing the Drainage and Utility Improvements (the "Drainage and
Utility Construction Easement").
The Roadway Construction Easement shall expire and tenninate upon completion of the
construction and installation of the Roadway. The Waterline Construction Easement shall expire
and temlinate upon completion of the construction and installation of the Waterline. The
Drainage and Utility Construction Easement shall expire and terminate upon completion of the
construction and installation of the Drainage and Utility Improvements. The Roadway
Construction Area, the Waterline Construction Area and the Drainage and Utility Construction
Area are sometimes collectively referred to herein as the "Construction Easement Areas",
which together with the Pennanent Easement Areas are sometimes collectively referred to herein
as the "Easement Areas".
3. Construction, Repair and Maintenance of Improvements.
3.1 Construction of Improvements.
(a) Grantee may construct and install the Roadway within the Roadway
Easement Area at its sole cost and expense and in accordance with the terms and
provisions of this Agreement.
(b) Grantee may construct and install the Waterline within the Waterline
Easement Area at its sole cost and expense and in accordance with the terms and
provisions of this Agreement.
(c) Grantee may construct and install the Drainage and Utility Improvements
within the Drainage and Utility Easement Area at its sole cost and expense and in
accordance with the terms and provisions of this Agreement.
3.2 Plans and Specifications. The plans and specifications for the
construction and installation of the Improvements shall be subject to the prior written
approval of Grantor, which approval shall not be unreasonably withheld, conditioned or
delayed. Such approval shall be deemed given if Grantor shall fail to respond to a
Book 00945:1959 Augusta - Richmond County
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request for its approval within ten (10) days of receipt of any such plans and
specifications or any changes thereto. If Grantor disapproves any plans and
specifications, then with such ten (10) day period, Grantor shall give Grantee notice of
the specific reason or reasons for such disapproval and shall describe with specificity the
changes required by Grantor.
3.3 Responsibility for Costs and Expenses of Construction. Installation.
Repair. Maintenance and Replacement. Grantee shall be responsible for performing
and paying all costs and expenses relating to the construction, installation, repair,
maintenance and replacement of the Improvements.
3.4 General Construction Obligations. All construction, installation, repair,
maintenance and replacement work performed pursuant to this Agreement shall be
performed by Grantee: (i) with first class materials; (ii) in a good, substantial and
workmanlike manner; (iii) with diligent prosecution to completion once commenced; and
(iv) in compliance with all governmental requirements of all governmental authorities
having jurisdiction with respect thereto. Any damage occasioned by work performed by
Grantee pursuant to this Agreement shall be repaired and restored with due diligence at
the sole cost and expense of Grantee. Grantee shall promptly pay for all work done on its
behalf or at its direction (unless a bona fide dispute exists concerning payment) and
promptly cause to be discharged all mechanics and materialmen's liens and any other
liens arising from or pertaining to such work. No work done by or on behalf of Grantee
on the Grantor Property shall give Grantee (or anyone doing work on behalf of Grantee)
any lien claims or rights in and to the Grantor Property.
3.5 Insurance. At all times during any construction, installation, repair,
maintenance and replacement work performed pursuant to this Agreement, Grantee shall
maintain in force and effect commercial general liability insurance insuring against
claims on account of death, bodily injury or property damage that may arise from or are
occasioned by Grantee's construction activities. Additionally, at all times during the term
of this Agreement, Grantee shall obtain and maintain in force and effect commercial
general liability insurance insuring against claims on account of death, bodily injury or
property damage that may arise from or are occasioned by the condition or use of the
Improvements. All insurance required hereunder shall be obtained and maintained in a
reputable insurance company or companies qualified to do business in the State of
Georgia and shall afford protection to limits not less than $ I ,000,000.00 per occurrence
for bodily injury to or personal injury or death of any person and any consequential
damage therefrom, and for property damage arising out of anyone occurrence. Grantee
shall be responsible for the costs, expenses and premiums of all policies of insurance
required hereunder.
3.6 Repair and Maintenance. Grantee shall, at its sole cost and expense,
maintain, repair, replace and generally operate the Improvements and in so doing shall
maintain the same in good working order and repair, and in compliance with all
applicable laws, rules, regulations, ordinances and codes. Notwithstanding anything
contained herein to the contrary, if any p0l1ion of the Grantor Property shall be damaged
Book 00945:1960 Augusta - Richmond County
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in connection with such work, then Grantee shall promptly repair such damage to
substantially the same condition which existed immediately prior to such damage or
InJury.
3.7 Chan2es to Easement Areas. Grantor and Grantee hereby agree that only
upon the written consent of the fee simple owners of all of the Grantee Property and the
Grantor Property may any of the Easement Areas be relocated, diminished or expanded.
4. Indemnity. Each Party agrees to indemnify and hold the other harmless from any
loss, cost, damage or expense (including, without limitation, court costs and attorneys' fees)
caused by its exercise of the rights granted and set forth herein or the performance or non-
performance of its duties and obI igations set forth herein.
5. Reservations. Grantor hereby expressly reserves for itself and its successors-in-
title to any portion of the Grantor Property, all rights and privileges incident to the ownership of
the fee simple estate of the Grantor Property which are not inconsistent with and do not
materially interfere with the rights and privileges herein granted, including, without limitation,
the right of any owner of any portion of the Grantor Property to use such portion of the Grantor
Property.
6. Amendment. Grantor and Grantee hereby agree that only upon the written
consent of the fee simple owners of all of the Grantee Property and the Grantor Property may
this Agreement be amended.
7. Waiver. No delay or omission by any Party to exercise its rights accruing upon
any noncompliance or failure of performance by any Party shall impair any such right or be
construed to be a waiver thereof. A waiver by any Party hereto of any of the covenants,
conditions or agreements to be performed by any other Party shall not be construed to be a
waiver of any succeeding breach or of any other covenants, conditions or agreements contained
herein.
8. Severability. All rights, powers and remedies provided herein may be exercised
only to the extent that the exercise thereof does not violate any then applicable law and shall be
limited to the extent necessary to render the real covenants herein valid and enforceable. If any
term, provision, covenant or agreement contained herein or the appl ication thereof to any person,
entity or circumstance shall be held to be invalid, illegal or unenforceable, the validity of the
remaining terms, provisions, covenants or agreements or the application of such term, provision,
covenant or agreement to persons, entities or circumstances other than those to which it is held
invalid or unenforceable shall not be affected thereby.
9. Bindin2 Effect; Dedication; Appurtenance. This Agreement shall be binding
upon and enforceable against, and shall inure to the benefit of, Grantee and Grantor and their
respective successors, successors-in-title and assigns. Notwithstanding the foregoing, each Party
shall be responsible only for the obligations, indemnities, duties, liabilities and responsibilities
set forth in this Agreement that accrue during the period of time during which such Party holds
fee simple title to the Grantor Property, the Grantee Property or a portion of either (each, a
Book 00945:1961 Augusta - Richmond County
2004039153 08/19/2004 12:54:36.04
"Parcel", and collectively, "Parcels"). Upon conveyance of a Parcel or a portion thereof, the
Party making such conveyance shall be relieved from the obligations, duties, indemnities and
responsibilities hereunder arising from and after the date of such conveyance as to such Parcel,
or portion thereof conveyed, and the successor Party shall become obligated hereunder for all
matters arising from and after the date of conveyance. The rights, privileges and easements
granted and conveyed hereunder shall exist for the benefit of, and be a burden upon, the Grantee
Property, and the Grantor Propeliy and shall run with title to, and be appurtenant to, such
Parcels.
10. Notices. Any notice, request or other conununication required or permitted
herein shall be in writing and shall be deemed to be given upon the earlier of personal delivery
(including professional overnight courier service) or three (3) days after the same shall have
been deposited in the United States Mail by certified or registered mail, return receipt requested,
postage prepaid. Such notice, request or other communication shall be addressed to the Party at
the address set forth below; however, a Party may change its address for notices by giving notice
to the other Parties in the manner provided in this Paragraph.
If to Grantee:
ASU Jaguar Student Housing 1, LLC
2500 Walton Way
Augusta, Georgia 30904
Attn: John B. Flowers, III
With a Copy to:
Kilpatrick Stockton LLP
Suite 1400
Wachovia Bank Building
699 Broad Street
Augusta, GA 30901-1453
Attn: Gerald W. Woods, Esq.
If to Grantor:
Augusta-Richmond County (Augusta, Georgia)
530 Greene Street, Room 801
Augusta, Georgia 30911
Attn: Acting Administrator, Fred Russell
With a Copy to:
Stephen E. Shepard, County Attorney
701 Greene Street, Suite 104
Augusta, Georgia 30901
--- ---- ---- ---
Book 00945:1962 Augusta - Richmond County -
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11. Remedies. If any Party (the "Defaulting Party") fails to perform any of its
obligations under this Agreement, then, except as otherwise specifically provided herein, the
other Party (the "Non-Defaulting Party") shall have all rights and remedies available at law or
in equity (including, without limitation, the right to specific performance and injunctive relief)
and, in addition, the Non-Defaulting Party may give the Defaulting Party written notice of such
default and cure such default as hereinafter provided. Subject to the following sentence relating
to emergencies, the Defaulting Party shall have fifteen (15) days after receipt of any such notice
in which to cure any such default. If such default is not cured within the fifteen (15) day period,
any Non-Defaulting Party, in addition to any and all other rights and remedies available at law or
in equity to such Party, may perform the Defaulting Party's obligations which are in default.
Notwithstanding anything contained herein to the contrary, in the case of an emergency, the
Defaulting Party shall be notified as soon as reasonably practicable, and any Non-Defaulting
Party shall have an immediate right to cure such default. Once any Non-Defaulting Party has
completed the performance of the obligations for which the Defaulting Party is in default, such
Non-Defaulting Party may send an invoice or bill to the Defaulting Party for the actual costs and
expenses incurred in perfom1ing such obligations. The Defaulting Party shall reimburse such
Non-Defaulting Party for the amount shown on any such invoice within ten (10) days of the date
such invoice is received. If the Defaulting Party fails to pay such invoice in full within the ten
(10) day period, the amount due shall bear interest at the lesser often percent (10%) per annum
or the highest rate allowed by law until paid.
12. Covenants Run With the Land. All the terms and provisions hereof are and
shall be deemed to run with the property described herein and shall burden and benefit such
property as described herein and, with respect to such property, each Patiy, the holders or owners
of any mortgage, indenture, deed of trust or deed to secure debt encumbering any of such
property, any purchaser at a foreclosure sale, any other person or entity acquiring any right, title
or interest in such property and their respective heirs, executors, administrators, representatives,
successors and assigns.
13. No Third Party Consents. Notwithstanding that certain of the easements created
hereby may ultimately run to the benefit of tenants, subtenants, employees, invitees, agents,
independent contractors, customers or guests in respect of either the Grantee Property or the
Grantor Property, nothing contained in this Agreement shall imply that the consent of any such
other beneficiaries is required in connection with an amendment, modification or termination of
this Agreement or any approval or consent under this Agreement, unless expressly provided
either in this Agreement or in an amendment or written instrument which is duly executed by the
Parties, is recorded and makes reference to the recording information of this Agreement.
14. Multiple Property Owners. The Parties acknowledge that the Grantee Property
may hereafter be owned by more than one individual or entity (such owners, collectively, the
"Grantee Property Owners"). In such event, but subject to the provisions of paragraph 15
hereof, the Grantee Property Owners shall each be jointly and severally liable for the obligations
arising hereunder; however, the owner or owners of the largest single portion of the Grantee
Property from time to time (the "Majority Grantee Owner"), individually, shall have the right
and authority to exercise the consent and approval rights, and shall be responsible for the
payment and performance of the obligations, of all of the Grantee Propeliy Owners pursuant to
.---- -- --
Book 00945:1963 Augusta - RiChmon~ county--
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this Agreement, and shall be solely responsible for obtaining payment from any other Grantee
Property Owners, none of whom shall be relieved of liability hereunder. Any individual or entity
requesting an approval or notice or estoppel certificate concerning this Agreement shall be
entitled to rely on an approval or notice or estoppel certificate from a Majority Grantee Owner.
15. Exclusion of Property. The Parties hereby acknowledge that portions of the
Grantee Property may be developed in a manner which does not require the benefits of the
Easements. Accordingly, the record owner of any portion of the Grantee Property shall have the
right, at any time hereafter, to cause to be filed in the appropriate public records of Augusta-
Richmond, Georgia, a notice (hereinafter referred to as "Disclaimer Notice") whereby such
record owner disclaims any fwiher right, title, interest or obligation in, to or under this
Agreement with respect to such portion of the Grantee Property as is specifically described in
such Disclaimer Notice. From and after the time and date of the filing of record of the
Disclaimer Notice, the portion of the Grantee Property covered thereby, shall be removed for all
purposes from the definition of the Grantee Property and shall be released and relieved from any
duties, obligations, liabilities and responsibilities arising under this Agreement from and after the
time and date of the filing of the Disclaimer Notice; provided, however, that in no event shall
any such Disclaimer Notice diminish, affect, impede or impair, in any manner whatsoever, the
liability of any Grantee Property Owner for any duty, obligation, liability or responsibility
arising prior to the time and date of the filing of the Disclaimer Notice.
16. Time of the Essence. Time is of the essence of this Agreement.
17. Headings; References. All personal pronouns used in this Agreement, whether
used in the masculine, feminine or neuter gender, shall include all other genders; the singular
shall include the plural, and the plural shall include the singular. Titles of paragraphs of this
Agreement are for convenience' only and neither limit nor an1plify the provisions of this
Agreement.
18 Interpretation. No provision of this Agreement shall be construed against or
interpreted to the disadvantage of any PaJiy by any court or other governmental or judicial
authority by reason of such Party having or being deemed to have structured or dictated such
provlslOn.
19. Governing Law. This Agreement and the obligations of the Parties hereunder
shall be interpreted, construed and enforced in accordance with the substantive laws, but not the
conflicts laws or choice of law rules, of the State of Georgia.
[Signatures commence on the following page]
Book 00945:1964 Augusta - Richmond County
2004039153 08/19/2004 12:54:36.04
IN WITNESS WHEREOF, Grantor and Grantee have caused this Easement Agreement
to be duly executed under seal and delivered by their respective authorized representatives on the
day and year first above written.
GRANTOR:
Signed, sealed and delivered
in the presence of:
AUGUSTA-RICHMOND COUNTY, also
~ o;:~own as AUGUSTA, GEORGIA
.' Name:
Title: Mayor
~J1f1~uJ ~~
Unoffic~" . Witness 1
~.~ '\;-'tJ~ L.
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..~ .. . .
. '~~Coi1{~i's~'ion E~pi~s(.:i '
,-.r. ~II"", Ie :<:''l~ .',
NotarY ~t~.Corrurn~la. ,~4n~ Georgia
MY CommlsSll;m. Ex$l~ Aug. 1. 2006
(NOTARY 'SEAL)
SEAL
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[Signatures continued on the following page]
Book 00945:1965 Augusta - Richmond County ---
200403915308/19/2004 12:54:36.04
[Signatures continued from the previous page]
GRANTEE:
ASU JAGUAR STUDENT HOUSING
I, LLC, a Georgia limited liability
company
nofficial Wi~
NotarY~ - - -
By: Augusta State University Foundation,
Inc., its member and manaaer
~
AL)
laine Clark Smith, its Chairman
By:
(NOTARY SEAL)
~~ ~~~~.~ssio~Expires: _
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-- ---
--~~Ok 00945:1966 Augusta - Richmond County
2004039153 08/19/2004 12:54:36.04
EXHIBIT "A"
GRANTOR PROPERTY
All that patee1, plece or lot of land, together with
the bu11d1nqa ard improvement. thereon, aituata, 1y1n; .nd
being in th-- 1269th Dlat.rlot, G.M.. Richmond COWlty,
')corgia, c:ont.1'\inq 38.65 aorea, ~nclno at A polo\. nn
the Old Camp Road 40.8 teet welt of the riqht-of-way o~
D&me.~ ~d . . point 276 foot. aouth of the e~nt~r l1ne ~f
Wrl0huboro I1oa4 .. ...Iured r..~Uy.1y &lono tho no~thorn
propertr 11ne of the propertY here1nafter do.oribed and tho
wa.t . de ot .aid D~.cua Road, t~.nco H 860 39' I, 455
f"Lto ~. point, thence S. 110 81 'I, )43 toot to a point,
thence, S ~Co 47' E, 199 'oet to a point on the !"outh IA.d. of
t)1d Camp Road', tnenc. , 140 56' W, 1,-09 toot a10no tho
HW\_o1pal A'rpo"rt proPftrty ot the City CcuncJ 1 of AUIj1U.ta to
a poln~ wheco ..id line lntoraecta a aanltary .~r, thnnee
S 810 42' w, ~n,4 teet a1009 8a14 aaw~ to & IUnhC'th 1n the
rl~ht-ot-way Of D~.cu. Road, thence ~..v1nq .aid wever H
(9 ~6' w, S81 '--t ~o a ..nho1e in .aid ,awer, thence 40A1n
a10nq aa14 ~r N 210 )2' V, 252 feet to a manno!e, thenco
S 760 25' w, 12 t..t to a Pf'lnt on t~. bou~ry with
property of, or to~r17 of, ~r~, et al, thence No. 2~o
56' I, 1,208 t.et to the point of bo9innin9. 'the dor.
<1eK"rlb@d property i, mre aCcurately ahown on a pla:
prepared by JaN. Walton Plytbe, dated Sept' SILber 2!l. 1941,
and recorded 1n the Office of the Clerk ot the Super10r
~t of Rlohaond Couftty, .Geftr9la, 1n realty book 17-8, paqe
409, t~ Which retorence 1. Nada.
- ~--- - -
Book 00945:1967 Augusta - Richmond County --
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EXHIBIT "B"
GRANTEE PROPERTY
ALL THAT TRACT OR PARCEL of land lying and being in the 88th G.M.D., Richmond
County, Georgia, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING of the tract of land herein described,
commence at a #5 rebar found at the intersection of the eastern right-of-way line of Hire Street
(60-foot right-of-way) with the southern right-of-way line of Tindon Street (60-foot right-of-
way); running thence along said right-of-way line of Hire Street, south 00 degrees 56 minutes 26
seconds west a distance of 249.53 feet to a #5 rebar found at the southern tern1inus of said right-
of-way line of Hire Street, said rebar found being the TRUE POINT OF BEGINNING;
FROM THE TRUE POINT OF BEGINNING thus established, rUlIDing thence north 86
degrees 33 minutes 26 seconds east, and leaving the eastern right-of-way line of Hire Street, a
distance of 454.07 feet to a #5 rebar found; running thence south 26 degrees 54 minutes 59
seconds west a distance of 857.50 feet to a #4 rebar found; running thence south 18 degrees] 6
minutes 07 seconds west a distance of ] 08.57 feet to a ] -inch crimped top iron found; running
thence south 83 degrees 35 minutes 18 seconds west a distance of 792.40 feet to a #5 rebar
found; running thence south 83 degrees 31 minutes 06 seconds west a distance of 397.58 feet to a
#4 rebar found; running thence south 8] degrees 34 minutes] 9 seconds west a distance of 62.82
feet to a I-inch open top iron found; running thence south 81 degrees 24 minutes 48 seconds
west a distance of 437.6] feet to a #4 rebar set; running thence north 02 degrees 44 minutes 48
seconds east a distance of 406.95 feet to a #4 rebar found; running thence south 87 degrees 07
minutes 33 seconds east a distance of 229.54 feet to a #5 rebar found; mIming thence south 32
degrees 14 minutes 34 seconds east a distance of 153.46 feet to a #5 rebar found; running thence
north 83 degrees 17 minutes 48 seconds east a distance of 585.41 feet to a #4 rebar set; running
thence south 84 degrees 05 minutes 34 seconds east a distance of 30 feet to a #4 rebar set;
running thence north 05 degrees 54 minutes 26 seconds east a distance of 683.40 feet to a #4
rebar set; running thence north 86 degrees 33 minutes 26 seconds east a distance of 635.23 feet
to the #5 rebar found at the TRUE POINT OF BEGINNING; according to Plat for ASU
Foundation dated November ] 9, 2003, last revised August 10, prepared by W.R. Toole
Engineers, Inc., under the seal of Barry A. Toole, Georgia Registered Land Surveyor No. 2565,
and under Job No. 03136; said tract of land designated as "Tract A" containing 18.12 acres
together with "Tract B" containing 5.40 acres, all according to said survey, which survey is
incorporated herein and made a part hereof by reference.
Book 00945:1968 Augusta - Richmond County
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EXHIBIT "C"
ROADWAY EASEMENT AREA
ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND, lying and being in Richmond
County, Georgia, being more fully shown and designated on Plat for ASU Foundation
dated November 19, 2003, last revised August 10, 2004, prepared by W.R. Toole
Engineers, Inc., under the seal of Barry A. Toole, Georgia Registered Land Surveyor No.
2565, and under Job No. 03136, and having the following metes and bounds, to wit:
Commencing at the intersection of .the southern right-of-way line of Tindon Street (60-
foot right-of-way) with the western right-of-way line of Damascus Road (100-foot right-of-
way); thence run along the western right-of-way line of Damascus Road a distance of
398.67 feet to the POINT OF BEGINNING; thence continuing along Damascus Road South
02 degrees 11 minutes 36 seconds West for a distance of 50.04 feet to a point; thence
leaving said right-of-way line run South 89 degrees 57 minutes 05 seconds West for a
distance of 193.20 feet to a point; thence along a curve with a radius of 125.00 feet and an
arc length of 71.57 feet and having a chord bearing of South 73 degrees 32 minutes 58
seconds West and a chord distance of 70.59 feet to a point; thence run North 26 degrees
54 minutes 59 seconds East for a distance of 74.76 feet to a point; thence along a curve
with a radius of 175.00 feet and an arc length of 34.03 feet and having a chord bearing of
North 84 degrees 22 minutes 48 seconds East and a chord distance of 33.98 feet to a
point; thence run North 89 degrees 57 minutes 05 seconds East for a distance of 195.16
feet to POINT OF BEGINNING; said tract containing 0.28 acres (12,251 square feet).
Said easement is more particularly shown and designated on said plat as "Easement 1"
("15' Water Line Easement"), said plat being recorded contemporaneously herewith in
the Office of the Clerk of the Superior Court of Richmond County at Book~, Page 4~,
and incorporated herein by reference.
Book 00945:1969 Augusta - Richmond County
2004039153 08/19/2004 12:54:36.04
EXHIBIT "D"
WATER LINE EASEMENT AREA
ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND, Lying and being in Richmond
County, Georgia, being more fully shown and designated on Plat for ASU Foundation
dated November 19, 2003, last revised August 10, 2004, prepared by W.R. Toole
Engineers, Inc., under the seal of Barry A. Toole, Georgia Registered Land Surveyor No.
2565, and under Job No. 03136, and having the following metes and bounds, to wit:
Commencing at the intersection of the southern right-of-way line of Tindon Street (60-
foot right-of-way) with the western right-of-way line of Damascus Road (100-foot right-of-
way); thence run along the western right-of-way line of Damascus Road a distance of
373.19 feet to the POINT OF BEGINNING; thence continuing along Damascus Road South
02 degrees 11 minutes 36 seconds West for a distance of 15.04 feet to a point; thence
leaving said right-of-way line run South 88 degrees 05 minutes 10 seconds West for a
distance of 226.27 feet to a point; thence run North 26 degrees 54 minutes 59 seconds
East for a distance of 17.12 feet to a point; thence run North 88 degrees 05 minutes 10
seconds East for a distance of 219.09 feet to POINT OF BEGINNING; said tract containing
0.08 acres (3,340 square feet).
Said easement is more particularly shown and designated on said plat as "Easement 2"
("50' Ingress/Egress Easement"), said plat being recorded contemporaneously herewith
in the Office of the Clerk of the Superior Court of Richmond County at Book ~, Page
,." 1 and incorporated herein by reference.
Book 00945:1970 Augusta - Richmond County
200403915308/19/2004 12:54:36.04
EXHIBIT "E"
DRAINAGE AND UTILITY EASEMENT AREA
ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND, lying and being in Richmond
County, Georgia, being more fully shown and designated on Plat for ASU Foundation
dated November 19, 2003, last revised August 10, 2004, prepared by W.R. Toole
Engineers, Inc., under the seal of Barry A. Toole, Georgia Registered Land Surveyor No.
2565, and under Job No. 03136, and having the following metes and bounds, to wit:
Commencing at the intersection of the southern right-of-way line of Tindon Street (60-
foot right-of-way) with the western right-of-way line of Damascus Road (100-foot right-of-
way); thence run along the western right-of-way line of Damascus Road a distance of
1581.14 feet to the POINT OF BEGINNING; thence continuing along Damascus RoacJ
South 02 degrees 11 minutes 36 seconds West for a distance of 45.96 feet to an iron pipe
found (bent); thence leaving said right-of-way line run along property now or formerly
Augusta Excel Properties North 49 degrees 16 minutes 38 seconds West for a distance of
512.65 feet to a sanitary manhole; thence continuing along property now or formerly
Augusta Excel Properties North 27 degrees 36 minutes 26 seconds West for a distance of
268.34 feet to a point; thence run North 26 degrees 54 minutes 59 seconds East for a
distance of 25.86 feet to a point; thence run South 29 degrees 00 minutes 20 seconds
East for a distance of 272.00 feet to a point; thence run South 57 degrees 40 minutes 38
seconds East for a distance of 149.77 feet to a point; thence run South 46 degrees 34
minutes 19 seconds East for a distance of 336.62 feet to the POINT OF BEGINNING; said
tract containing 0.64 acres (27,959 square feet).
Said easement is more particularly shown and designated on said plat as "Easement 3"
("Utility and Drainage Easement"), said plat being recorded contemporaneously herewith
in the Office of the Clerk of the Superior Court of Richmond County at Book --1-, Page
&/.kz2 and incorporated herein by reference.
Filed in this office:
Augusta - Richmond County
08/19/2004 12:54:36.04
Elaine C. Johnson
Clerk of Superior Court