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HomeMy WebLinkAboutS Easement Ingress Easement to CCB at 118 N. Churton Street, • ~ ~ r..-~ . !l~/ q~02 ~~ ~ Y~ FILFL I I~ : j L?Cl. =r~r~" at. 11 :,~5 ; t~'i •3l~ ~~~v k. ;: a;~~ ~ P ~~~e :~~ c~ - :~2~-i4 ,7otircY H. ~ear~~:n ~:~~~ ]. =,'`?r C?t ~~a~~•~ a GrznclE C~unty, Cd. L. PREPARED BY: Geoffrey E. Gledhill RETURN TO: Grantee BOOK PAGE " - ~-" 2831 318 NORTH CAROLINA ~ LEASE OF RIGHT OF WAY EASEMENT OR.ANGE COUNTY THIS LEASE OF RIGHT OF WAY EASEVIENT' made and entered into this ~ day of Qc~o.d ~zr ~ 2002 by and between Orange County, North Carolina, a body politic and corporate pursuant to the laws of the State of North Carolina, Lessor, and National Commerce Financial Corporation, formerly National Commerce Bancorporation, d/b/a National Bank of : ~ . Commerce and Central Carolina Bank and Trust Company, Inc., c/o Mr. Ronald W. Perkins, RPA, Facilities Manager, P.O. Box 931, Durham, North Cazolina 27702, Grantee; w1~ssETx: 98 ~ y o~ ~~ y3.~.,,.~ That said Lessor for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid, the receipt of wluch is herz'vy acknc~avledged, has leased and by these presents does lease unto the Lessee and its heirs and assi~s, a non-ex~lusive right of way easement of ingress from North Churton Street, Hillsborough, North Carolina, over, upon and through the property of Lessor described as "20' ROW Ea.sement of Ingress" as shown on the plat hereinafter referred to. .~ The approximately 20' ROW Easement of Ingress is more particularly described as follows: Lying in the Town of Hillsborough on the east side of North Churton Street and beginning at a"V" Mark on Concrete Side~~alk, the northwest corner of property owned .: '- BOOK PAGE _. 2831 319 _ . ~ by Lessor described in the deed at Book ~/, Page ~~5~, Orange`"County Registry; ninning thence from said beginning point ~S 85° 52' E 121.5' fo a nail, the northeast corner of the property of Lessor described in the deed recorded at Book ~, Page ~/3, Orange County Registry; thence S 04° 08' W 19.25' to a nail; thence N 8~° 52' W 121.5' to a"V" Mark on Concrete Sidewalk; thence N 4° 08' E 20.75' to the place and poi,nt of beginning according to plat of survey entitled "COUNTY OF ORANGE, NORTH CAROLINA," dated July 29, 2002 by MICHAEL A. NEAL & ASSOCIATES, which plat is recorded at Plat Book ~, Page ~S ; Orange County Registry. To have and to hold the lease premises together with all privileges and appurtenances thereunto belon~ing, to Lessee subject to the terms and conditions hereinafter set forth: 1. This lease shall become effective and possession of the leased premises surrendered to Lessee commencing on October 7, 2002 and unless sooner terminated as herein provided shall exist and continue for a term of ten (10) years. Grantee shall have an option to renew this lease for additional terms of five (5) years so long as Lessor does not notify Lessee before the expiration of the lease teirn or any renewal term of Lessor's intent to use the leased premises inconsistent with this lease. Lessee shall provide notice to Lessor of its intent to renew this lease and Lessor shall provide notice to Lessee of its intended use incompatible with this lease as described in the paragraph titled Notices. Lessor's determination of its intent to use the leased premises inconsistent with this lease shall be made by Lessor in its sole and absolute discretion. 2. Notices: For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, addressed to Lessee or Lessor at their respective office address, as set forth herein: To Lessor: Orange County, North Carolina Department of Purchasing and Central Services Post Office Box 8181 Hillsborough, NC 27278 To Lessee: National Bank of Commerce c/o Mr. Ronald W. Perkins, RPA 2 BOOK PAGE . - 2~~1 - J~20 ~ Facilities Manager Post Office Box 931 ,;~ Durham, NC 27702 ~' " or at such other address as may hereafter be designated in writing by either party hereto. The time and date on which mail is postrnarked sha11 be the time and date on which such communication is deemed to have been given. 3. Covenant of Title: Lessor covenants; represents and wanants that it has full right and power to execute and perform this Lease. If at any time duri.ng the term hereby demised the title of Lessor shall fail or it shall be discovered that Lessor's title does not pemut Lessor to grant the term hereby demised, Lessee's remedy, which shall be exclusive of all other remedies, shall be to annul •and void this lease. 4. Subordination: Lessee agrees that this lease is and shall remain subject and subordinate to and may be assigned as security for any present and all future mortgages or deeds ~ of trust which may now or hereafter affect the lease premise5: This clause shall be self-operative and no further instrument shall be necessary to effect such subordination. However, Lessee shall execute promptly and deliver to Lessor any such certificate or certificates in writing as Lessor may request evidencing the subordination of this lease to or the assignment of this lease as additional security for any such mortgage or deed of trust and Lessee hereby constitutes and appoints Lessor as Lessee's attomey-in-fact coupled with an interest to execute any such certificate, certificates or assignments on Lessee's behalf in default of such execution by Lessee. In the event the property owned by Lessor upon which this right of way easement is located is sold pursuant to a court order in any foreclosure proceeding or is sold pursuant to a power of sale contained in any mortgage or deed of trust, Lessee agrees to execute an attornment agreement with such purchaser not in conflict herewith at the request of such purchaser. 3 BOOK PAGE _~2831 . 321 Assignment and Sublease: Lessee agrees r~ot to encumber or assign this lease or subiease all or any part of the leased premises without the written consent of Lessor, which consent shall not be unreasonably withheld. Such assignment shall in no way re~ieve Lessee from any obligations hereunder for the performance of the conditions and provisions of this lease. 6. Quite Enjoyment: Lessor a~ees that Lessee, upon paying the stipulated rental and keeping and performing the a~eement and covenants herein contained, shall hold and enjoy the lease premises for the term aforesaid, subject to the terms of this lease. Lessee acknowledges that this lease is of a non-exclusive right of way easement of in~ess from North Churton Street, Hillsborough, North Carolina, over, upon and through the property of Lessor for the benefit of the property of Lessee that adjoins the easement and that the Lessee may, for itself, its heirs, assigns, tenants, licensees and permittees access and use the easement for any purpose not inconsistent with this lease. 7. Indemnity: Lessee agrees to indemnify and save harmless Lessor against and from any and all clauns by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to property occurring in the lease premises occasioned in whole or in part by any act or omission on the part of Lessee or any employee, agent, visitor, assi~ or undertenant of Lessee or by reason of any unlawful use of the lease premises or any breach, violation or nonperformance of any covenant in this lease on the part of Lessee to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the lease premises by Lessee. 8. Repair and Maintenance: Lessee agrees to keep the lease premises in good condition and repair and the pavement and curbing on the lease premises in good repair and free from potholes and obstructions. 4 BOOK PAGE - 2831 322 ~. Signs: T essee, with the prior writter~ consent~bf Lessor, may affix a si~ . .~. or signs appropriate to properly direct the use of the lease premises by Lessee's licensees, ~ permittees or otherwise, provided all such signs are in compliance with the Town of Hillsborough zoning regulations and provided a zoning compliance permit is obtained from the Town of Hillsborough and a copy thereof provided to Lessor before any such si~ is affixed. 10. Entire Agreement: This lease contains the entire agreement between the parties hereto, and no promises, agreements, conditions or stipulations not contai.ned herein shall be binding upon either party hereto. NATIONAL CONINIERCE FINANCIAL CORPOR.ATION, FORMERLY NATIONAL CONL~~RCE BANCORPORATION, DB/A NATIONAL BANK OF COMl~IERCE AND AS ' CENTRAL CAROLINA BAi~1K AND TRUST COMPANY; I~tC. By: ~~,~~Z/-~.~-~:. ~ Rona d W. Perkins First Vice President B~ ATT ST: ~ 211~. Donna S. Baker, Clerk to the Orange County Board of Commissioners This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. " ~~" ~- ~ Fi.nance Officer of Orange County 5 ORANGE COUNTY, NORTH CAROLINA NORTH CAROLNA BOOK 2831 PAGE 323 _. n~ COUNTY I, I~nny 5• FCa,kc, , a Notary Public of said County and State, do •hereby certify that Ronald W. Perkins personal~y appeared before me this day and acknowledged that he is the First Vice President of National Commerce Financial Corporation, formerly National Commerce Bancorporation, d1b/a National Bank of Commerce and as Central Caxolina Bank and Trust Company, Inc. and that by authority duly given, and as the act of said corporation, the foregoing instrument was signed in its name by him as First Vice President. WITNESS my hand and seal this ~~h. day of ~_ r~, 2002.~ s _ _ 1~ Notary Pub1i~N~Y s. ;~~ Q ~ v1y commission eYpires: _~~~ ~~~ y~ 3AA~ ~ ~~aLiG NORTH CA.RO~.NA '9yry ^ ~~ ~~ CtdU•"~' ORANGE COUNTY I, ~clnc~ ~• C-I~~~~r, a Notary Public of the County, and State aforesaid, certify that Donna S. Baker personally came before me this day and acknowledged that she is Clerk to the Boazd of Commissioners for Orange County and that by authority duly given and as the act of said County, the foregoing instrument was si~.ed in its name by the Chair of said Boazd of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or sea1, this the ~~" day of QG~lxr , 2pdZ, .~.1~-i (~ ' otary ic My commission expires: ;~w~~,~~ S r 3) ~-zcoS 1sg:orangecounty~I,ease of Right of Way Easement ~°untp ot' ~ , ~~, ~ r~t ~ ,~ ~ ~~ ~ ~ `~ ,~~. ~r~~ ~aro~. . ; Joyce H. Pearson Register of Deeds Orange County North Caxolina BOOK PAGE - = 2831 324 .~ : , ~, a State of North Carolina, County of Orange The foregoing certificate/s of Penny S. Flake and Nancy C. Glover, Notary/Notaries Public for the Designated Governmental units is/are certified to be correct. See filing certificate herein. This day December 23, 2002 JOYCE H. PEARSON, REGISTER OF DEED By: ~• ssista Re ster of Deeds • ~ ~