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Home My WebLink AboutPARKING EASEMENT AGREEMENT WAGT TELEVISION INC � x. ��.UNf��. �� :E.� . .. Q ��A�{`€_�3�� & 9(BUQ��-��4�� €-�-� Book 01301:2188 Augusta - Richmond County � �z�,�' ��ER ��:��'� �a�"��s':�° � ��° 2011022063 05/18/2011 0934:54.00 't, �" f ; "e�" {��>� GA �L��_. . $0.00 EASEMEN i �� nm �� in m�� ni� �� n�� mi �i��i �n� ��i i��i i��u �� ni� i i�llii IIIii iiili �ilil iilll ltlil llill ��lli 1111111111 fiii li�� 2011022063 Augusta - Richmond County STATE OF GEORGIA ) RICHMOND COUNTY ) PARKING EASEMENT AGREEMENT �-> THIS AGREEMENT made this ,� day of November, 2010 between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "AUGUSTA") and WAGT TELEVISION, INC., a South Carolina corporation authorized to do business in Georgia (hereinafter referred to as "WAGT"), WITNESSETH: WHEREAS, AUGUSTA is simultaneously with the execution of this Agreement purchasing from WAGT the property described on Exhibit A attached hereto (hereinafter referred to as the "Parcel A"); and WHEREAS, WAGT is the owner of the property described on Exhibit B attached hereto (hereinafter referred to as "Parcel B"); and WHEREAS, AUGUSTA is the owner of the property adjoining Parcel A, described on E�iibit C attached hereto (hereinafter referred to as "Parcel C"); and WHEREAS, as a condition of its purchase of Parcel A from WAGT, AUGUSTA has agreed to convey to WAGT the easements described hereinbelow. NOW, THEREFORE, For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration AUGUSTA hereby conveys to WAGT two easements, as follows: 1. TEMPORARY CONSTRUCTION PARKING EASEMENT. AUGUSTA hereby grants to WAGT a non-exclusive easement appurtenant to and for the benefit of Parcel B, over, in, upon, and across the property shown on Exhibit A-1 (hereinafter referred to as "Parcel A-1 ") from the date hereof until and through the date of completion of the construction of a parking deck (the "Parking Deck") to be constructed on and over portions of Parcel A and Parcel C; said easement being for the following purposes and upon the following conditions: (a) for the parking of passenger vehicles and other vehicles used by WAGT in its business, and for pedestrian and vehicular traffic by and for the owner of Parcel B and its respective heirs, 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, visitors, and other licensees and invitees of any of them, and i r Book 01301:2189 Augusta - Richmond County � 2011022063 05/18/2011 09:34:54.00 (b) for the ingress, egress, and regress of any of the above designated persons, and their vehicles, to and from any portion of Parcel A-1 and public streets adjacent thereto. (c) WAGT acknowledges and agrees that from time to time during the construction of the Parking Deck access to all or a portion of Parcel A-1 may be restricted or otherwise impaired and that during such periods of time AUGUSTA will provide alternate parking spaces for the use of WAGT and all of the above designated persons, equal to the number of parking spaces rendered temporary inaccessible on Parcel A-1 at such other location(s) as provided to other property owners whose parking has been eliminated as a result of the construction of the Parking Deck. (d) AND ALSO, as a part of this temporary parking easement, AUGUSTA hereby agrees to reserve to the use of WAGT and all other persons named above thirteen (13) parking spaces on the north sid 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 Desk PERMANENT EASEMENT FOR PARKING, INGRESS AND EGRESS. Effective upon the completion of construction of the Parking Deck and the termination of the temporary easement described in paragraph (1) above, AUGUSTA hereby grants to WAGT a non-exclusive permanent easement appurtenant to and for the benefit of Parcel B over, in, and upon, the Parking Deck and unreserved parking areas located on Parcels A and C for the following purposes and upon the following conditions: (a) for the parking of twenty seven (27) passenger vehicles and other vehicles used by WAGT in its business and for pedestrian and vehicular traffic of the owner of Parcel B and its respective heirs, 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, visitors, and other licensees and invitees of any of them, and (b) for the ingress, egress, and regress of any of the above designated persons, and their passenger vehicles, to and from any portion of Parcel A or Parcel C and public streets adjacent thereto, and (c) for the parking of passenger vehicles by WAGT or the owner of Parcel B shall be consistent with reasonable rules, regulations and restrictions imposed by AUGUSTA, its successors or assigns, as may be modified or changed from time to time, and unless otherwise agreed by AUGUSTA, none of the parking spaces shall be reserved or otherwise restricted to the exclusive use by WAGT or the owner of Parcel B. . In the event, however, that WAGT shall require some of it allotted spaces to be of a higher clearance than normal passenger vehicles, so as to accommodate vehicles used in WAGT's business, AUGUSTA shall provide such to the extent possible given the configuration of the Parking Deck. (d) In the event that AUGUSTA, or its successors or assigns, should elect to charge a fee or impose any other restriction or cost for the right to access or parking in the Parking Deck, no such , , , , Book 01301:2190 Augusta - Richmond County 2011022063 05/18/2011 09:34:54.00 fee or restriction or cost shall be paid or borne by WAGT or any of the persons designated above. Should AUGUSTA elect at any time to require identification cards or other means of access to the Parking Deck, WAGT will be provided with 27 such cards or other means of access, without charge. (e) DAMAGE TO PARKING DECK. In the event that the Parking Deck is destroyed or damaged in such a manner as to render the Parking Deck unsafe or unsuitable for the parking of vehicles, and AUGUSTA elects not to replace or repair the Parking Deck, then in such event AUGUSTA shall provide WAGT with reasonably suitable permanent alternate parking for twenty seven (27) passenger vehicles and other vehicles used by WAGT in its business, at no cost to WAGT and upon the terms and conditions hereof, as the same may be reasonably modified, whereupon this easement shall automatically terminate. 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 �� B ��Qv� Its: Mayor �A=� ` , �� `�a�s�J�r`-1� �-` r �� A � �� Att�� '� o�� ° �, �� '�� ° � � �°� �4 °` � ,� � t� ,��erko ��,� .,, .� sio� o � f � �; a _ �;. �.__ . � :�, � t�� . � ~ �s�: �� <r �' �� t��c '� ,�s r� �,� �,� „ > � °`��'a�cisa6a �<�W'`' �%� ��Q��'��L�'3� ° E ��iti��s.�,`� Book 01301:2191 Augusta - Richmond County 2011022063 05/18/2011 09:34:54.00 '� �� Unofficial itness / ``� � ��,t�'.^ L� .► �?�4!.�'�v Notary Pu 'c, S�ofl�� o�� "�G�..� �46,�+/ � 2 Qr QTq� �'�� A �-� ` _ � � T elevi ' , Inc. ,� �� v =� � ��°� ��° �.o � B 1 G ,�•; � �e;• `� t 1�ej `; �� Its: ,� fDEYJT S-n+�.nor.c M�Ne-4E,z. Attest: �G6%"i� ItS: r/ c� � Unofficial Witness �� , � � � � � �� . ,� � �„ � �� otary Pu ic, State o�� p,� :�v) � �. R ��: � � � �7 °. ��n� � � .-�• 24, cOiZ �' '. � �> » ' ,� �,�� I''(S L! t;',�'`' :$� ., a � ,, .me �t 4 �, il'� ��;) �',��-' �,�,= ��'r�d9C��"� \ , . � Book 01301:2192 Augusta - Richmond County 2011022063 05/18/2011 09:34:54.00 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 and/or replacement 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. 1. 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. And 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 01301:2193 Augusta - Richmond County 2011022063 05/18/2011 09:34:54.00 PROVIDED, HOWEVER, that possession of a portion of the above described property, to wit: all that tract or parcel of land beginning at the Northwest corner of Campbell and Jones Streets and runs thence along Campbell Street in a general northerly direction 52:4 feet more or less, thence running parallel along the right of way of Jones Street in a general westerly direction 80.5 feet more or less, thence in a general southerly direction 52.4 feet more or less, thence in a general easterly direction 80.5 feet more or less along the right of way of Jones Street to the point of beginning shall not be delivered to Grantee until the earlier of (1) vacating of the property by Grantor, or (2) March 31, 2011. Book 01301:2194 Augusta - Richmond County 2011 �22063 05/18/20'11 09:34:54.00 EXHIBIT A-1 � �, ! r r -." ---:__ �`'---- _ �� ,�,.�� ... f � � �� i _ _ � _ _ � � � �--� � � � � � . � �-`-� :�'� - � - _� � . � � � "�,�.� ! , , -��: � _� � ; -- _ � - r�, � , �; , 1 �� _ �_ rn � - , _ �-�� .... --� ;-�.: , --�,.... -`-�,.., °"�r' ---__ -ti� S r � ��' ' --„ . .. . '-�._ 3 } .. . ___ _. _ . �� J -��_ - � !`�., 1 � � _ _ � p.y, 3 i.&^a 'k._. �k _ .' � _ � �4' . ... . . .. ., g � y ti.� � `'�� + �� 7 � � . , . �� ' �s'�.. - _ �`, y --� � ��°` - _ - ``=�:.. � �.. C -�. -�� - -- � ,: ~-• L.; . , . ^. _�� _� � ~� �-�� i' \ V � � � . _ � � � � t � � } :�:;�� L �� ~' f y ' � �� • �� ' 11' � - '�� .. S �� ' ::::� .. . .... .. ,,�� __ � r �� . 't,' ff SS ` •_' !r - `-1._ t � � f"�f ' . _ � 1 � '^ � .� ��' _..� . � �. �t �� Sk . � . Y l ��t � - �t � -� � . -�_ N � � -'� _ _ �.,� �� . � ,��_ ' � - �, --- � : , �� -- _ ti - A '� � I ~�. �+ � - � r ; � _ --,� ___ �� , r � r ! � "- -_� �`'�'��.� r r � f � � � � ' c ' D --_� �, �t �� -�: ° : ,, ; ; n . ; �_. �""� _ � � �``'�--�___�,� � ; � �. : _� � �� - _ � � o � � � � � � '�-- s — _:_,� 1 � � � �� _ `-�— — ' � l .. --� ��. �:- — 1 � � � ��' �� ` `�- i ---� �� r ��j �> "' �",.� _ - � � -- ,� � � O 1 �,� � �`;�. �� ,: � ,�� ; O r ,� �:. � � ��.: ; `�" � _ ��. � � � � r j � � ' _� I' _ �, t,;: r r '�- � , � . � . �'`` f i ::� — � � ,�, . , , � °� � �s> f :' .., : . ,., ....° : i ,' �� .� �: r ;?' 1 ! *� :. i 'j :�. . f :;: ,. — r � � . :� t � ,. -"� _ � � f ;;�; � s .� ;: "-' � r � -�-�- � �--�-_ :� ,� � r '�°� � " — � : i � r i �; � , � r-^ ___ r �� r --_� � � . �'; _ :� � � , - _ r' � ;�.. : ' . ~'� .'�.a' � � f �� ;�.,.-_ ,,� —� — � r �"' � � � � � �___ - � _ _ � _ ;� r�� ,�� ;� ? � � � � � r ; ' __�� r ___ �'�,� . _,� , ; r � � 1 . -- ; � - , � � � -- --� ; _- ' -'-- � 6 _ � ; � Book 01301:2195 Augusta - Richmond County 2011022063 05/18/2011 09:34:54.00 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 1ess; the Southeast corner of said lot being thirty and one hundred twenty-five thousandths (30.125) feet West from 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 01301:2196 Augusta - Richmond County 2011022063 05/18/2011 09:34:54.00 Exhibit C All those lots, tracts or parcels of land, with any improvements thereon, situate, lying and being in the 87� G.M.D. of Richmond County, Georgia being shown and designated as TRACT "A" AREA =.09 AC., TRACT "B" AREA =.04 AC., TRACT "C" AREA =.04 AC., TRACT "D" AREA =.03 AC., TRACT "E" AREA =.356 AC., TRACT "F" AREA =.14 AC. and as TRACT "G" AREA = 0.556 AC, on that certain Plat dated June 18, 2003, prepared for 933 Broad Investment Co., LLC by Cranston, Robertson & Whitehurst, P.C. and recorded in Plat Cabinet C, Slide 75 #A (Book 898, page 2587), in the Office of the Clerk of the Superior Court of Richmond County, Georgia. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds and location of said property. Filed in this office: Augusta - Richmond County 05/18/2011 09:34:54.OQ ELAINE C JOHNSON Cierk of Superior Court