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Home My WebLink AboutTEMPORARY CONSRUCTION EASEMENT AGREEMENT WAGT ` r � A �"��=''.�E�d�s ��R.�§�B�@� E � c t�A�iiL'��iJ R ��DREAU�, �.�� g �ALKEY� �� P �"��k Book 01301:2197 Augusta - Richmond County ` ,� t &�,� g � 1 ,� �� }� 2011022064 OS/18/2011 0937:42.00 $0.00 EASEMENT � i�� n�i� m�� m�� t�{!�� i�� i� �� s��i� ��n l�� I i1illl iilll lilll Illll filA ilitl lilil fllll llill illll ilit IIII STATE OF GEORGIA � 2011022064Augusta - Richmond County RICHMOND COUNTY ) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT made this �� day of November, 2010 between WAGT TELEVISION, INC., a South Carolina corporation authorized to do business in Georgia (hereinafter referred to as "WAGT") and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "AUGUSTA"), WITNESSETH: WHEREAS, WAGT is the owner of the property described on Exhibit A attached hereto (hereinafter referred to as "Parcel A"); and WHEREAS, AUGUSTA is constructing a parking deck (the "Parking Deck") on the adjoining property described on Exhibit C attached hereto (hereinafter referred to as "Parcel C"); and WHEREAS, WAGT and AUGUSTA have reached an agreement whereby WAGT has agreed to convey to AUGUSTA Parcel A; and WHEREAS, in order to continue with the construction of the Parking Deck until such time as the contemplated closing of Parcel A occurs, WAGT has agreed to grant AUGUSTA a temporary construction easement over, across and upon a portion of Parcel A. NOW, THEREFORE, For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration WAGT hereby conveys to AUGUSTA an easement as follows: 1. TEMPORARY CONSTRUCTION EASEMENT. WAGT hereby grants to AUGUSTA an exclusive easement over, in, upon, and across the property described on Exhibit C, from the date hereof until and through the earlier of the time of the closing of the purchase of Parcel A by AUGUSTA or the date of completion of the construction of the Parking Deck. Said easement being for the following purposes and upon the following conditions: (a) for the erection of a security fence, the removal of existing parking surfaces, the digging of pylons and to pile thereon material excavated, to store supplies, and to do such other acts on or upon the property that are customary and incidental to the construction of a parking deck, and (b) for the ingress, egress, and regress to and from any portion of Parcel C and public streets adjacent thereto. TEMPORARY PARKING. As part of the consideration for this easement, AUGUSTA hereby , Book 01301:2198 Augusta - Richmond County ' � 2011022064 05/18/2011 09:37:42.00 agrees to reserve to the use of WAGT thirteen (13) parking spaces on the north side of Jones Street, to the extent this can be done without hindrance to construction of the Parking Deck, during the time of construction of the Parking Deck. MISCELLANEOUS. 1. This agreement may be modified amended in whole or in part or terminated at any time by the mutual written agreement of the respective owners of said tracts or their successors in title. 2. All the easements, restrictions, and agreements provided for herein shall run with the land and shall constitute a use for the benefit of Parcel B burdening Parcels A and C. The easements provided for herein shall inure to the benefit of and be binding upon the respective successors, successors-in-title, assigns, heirs, and tenants of each party hereto and the customers, employees, and invitees of such parties, and shall remain in full force and effect and shall be unaffected by any change in ownership of Parcels A, B or C, or any of them, or by any change of use, demolition, reconstruction, expansion, or other circumstances, except as specified herein. 3. References to "AUGUSTA" shall include the Augusta Richmond County Board of Commissioners, its Mayor, it employees and its successors and assigns. 4. References to "WAGT" or the "owner of Parcel B" shall include WAGT Television, Inc., its successors, grantees, mortgagees, tenants, subtenants, guests and invitees and all persons who now own, hold, or hereafter own or hold portions of real property within Parcel B or leasehold estate, or any interest therein, or building space thereon; and their respective tenants and subtenants thereof; and the officers, directors, concessionaires, employees, customers, guests, invitees, visitors, and other licensees and invitees of any of them. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers authorized hereto, and their seals affixed, as of the date first above written. Augusta, Georgia q � By: �.�" �..°(� r �J\� Its: Mayor Attest: �, .. a�� ts: Cl � issi9 •.• ��/+ '/� � ,� i' ' ..r . •.� � � �'/ �°'� i 'Z "�' � ��% /�• ,. , m�� Unoffic' 1 Witness � � � @ � `` � �"_� � �� 6"� , �, r ��t � C (, � ,. � ` t"�' �.� �`c - � �y,� �� ,;. �� _- t', <� '��.�,� O �� ,� � '.� e nGG63QG�� Notary u ic, State of� �'.F�� °� '+' � , O��►/!�y . ,, t�� f3�. iQ iZ �""'�i=ai UB " / ��o ¢ p �� '�� 1 1��;��,` C�'�: , Book 01301:2199 Augusta - Richmond County � 2011022064 05/18/2011 09:37:42.00 W Te evisi Inc. By: Its: �.s i�E,..i Attest: z Its: // Gi� �=,t/ �GUI.(.!' �. ��liB LTnofficial Witness ,��,�� Q ��'��, �\� °C�,'1 $� aC�� otary P lic, State �i�' z � � � .� �� — � � � �, ' � ' � ! /�}'. f��!�`� . m�� °a� a ,� ^ �� , �dr' h t try �J � ��,�6lAli�i�� r � , Book 01301:2200 Augusta - Richmond County 2011022064 05/18/2011 09:37:42.00 EXHIBIT A All that lot of land, together with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, between Reynolds Street and Jones Street being in the Northwest corner of Campbell (9 Street, and Jones Street and fronting 52.4 feet more or less on Campbell Street, and running back of even width in a westerly direction 80.5 feet more or less and then a width of 72.3 feet for 135 feet more or less to property now or formerly of Bertram, R.J., and G. C. Maxwell, the western boundary being the middle of a brick wall separating property herein conveyed from property now or formerly of Maxwell, above referred to. Said property is known as 901-911 Jones Street under the present system of street numbering in effect for the City of Augusta. A plat of the property herein conveyed is attached to a deed from C.C. Johnson, Jr., et al to Charles W. Bowen, Jr. and Dudley H. Bowen, dated September 24, 1942, and recorded in the Clerk's Office of said County in Realty Book 14-5, pages 439-440. The property herein conveyed begins at a point 52.4 feet more or less North of the Bowen, formerly C. C. Johnson, Jr. building property line on the Northwest corner of Campbell and Jones Streets and runs thence along Campbell Street in a general southerly direction 52.4 feet more or less, thence runs along Jones Street in a general westerly direction 215.5 feet more or less, thence in a general northerly direction 72.3 feet more or less, thence in a general easterly direction 135 feet more or less, thence in a general southerly direction 20 feet more or less, thence in a general easterly direction 80.5 feet more or less to the point of beginning. Said property is conveyed together with all easement rights for drainage and the repairs andlor replaceinent of said drainage system conveyed by C. C. Johnson, Jr., et al, to the parties of the first part by deed above referred to. Said property is also conveyed together with all right, title and interest of grantors in and to the following two instruments between C. C. Johnson, Jr., and grantors, both dated September 24, 1942. l. Agreement providing for certain uses and rights of the parties as adjoining property holder recorded in said Clerk's Office in Realty Book 15-L, page 70-71. 2. Agreement with reference to a 20-foot strip of land fronting on Campbell Street, just North of the 52.4 foot building fronting on Campbell Street, conveyed, on which improvements are located recorded in said Clerk's Office in Realty Book 15-L, page 69. Being a portion of the property conveyed by Alma L. Kellos to WAGT Television, Inc. by Warranty Deed dated September 10, 1981 and recorded with the Clerk of Superior Court of Richmond County in Realty Reel 143, page 201. � Book 01301:2201 Augusta - Richmond County 2011022064 05/18/2011 �9:37:42.00 Exhibit B To be attached , Book 01301:2202 Augusta - Richmond County 2011022064 05/18/2011 09:37:42.00 EXHIBIT B All that lot or parcel of land, with the improvements thereon, situate, lying and being in City of Augusta, County of Richmond and State of Georgia, on the North side of Broad Street between Campbell (Ninth) and Macartan Streets, having a frontage of thirty (30) feet, more or less, on Broad Street and running back between parallel lines to Jones Street on which it fronts thirty (30) feet, more or less; the Southeast corner of said lot being thirty and one hundred twenty-five thousandths (30.125) feet West fiom the Northwest corner of Campbell and Broad Streets. Said lot is known by the present system of City numbering as Nos. 905-907 Broad Street and 904 Jones Street, and is bounded North by Jones Street; East by property now or formerly of William H. Barrett; South by Broad Street; and West by the land described below. Also, all that lot or parcel of land, with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, on the North side of Broad Street, between Campbell (Ninth) and Macartan Streets, fronting on Broad Street thirty (30) feet and extending back in approximately even width one hundred-two (182) feet to Jones Street, on which it fronts thirty and eighty-seven one-hundredths (30.87) feet; the Eastern line is sixty and twelve one- hundredths (60.12) feet West form the Northwest corner of Campbell and Broad Streets measured along Broad Street, and sixty and forty-seven one-hundredths (60.47) feet from the Southwest corner of Campbell and Jones Streets measured along Jones Street; East by the lot above described; South by Broad Street; and West by lot now or formerly of Mrs. M. L. Cooney, being known by the present system of City numbering as Nos. 909-911 Broad Street. Book 01301:2203 Augusta - Richmond County 2011022064 05/18/2011 09:37:42.00 Exhibit C To find the point of beginning, start at the Northwest corner of Campbell (9�') Street, and Jones Street and run north a distance of 42.4 feet more or less along the right of Campbell Street, thence run west a distance of 80.5 parallel to the right of way of Jones Street to the point of beginning. From the point of beginning, running a distance of 135 feet more or less, to the western property line of parcel A, thence running north along the western property line of Parcel A a distance of 30 feet to northwest boundary of Parcel A, thence running along the rear property line of Parcel A a distance of 135 feet to a point, then running south a distance of 30 feet to the point of beginning. Filed in this office: Augusta - Richmond County 05/18/2011 09:37:42.00 - - ELAINE C JOHNSON Clerk of Superior Court