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Item 8-g - Assignment of Leasehold Interest to Chapel Hill Carrboro City Schools
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Item 8-g - Assignment of Leasehold Interest to Chapel Hill Carrboro City Schools
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BOCC
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10/16/2018
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Agenda
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8-g
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Agenda - 10-16-2018 Regular Board Meeting
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27 <br /> Agreement ("Lease Agreement") dated October 23, 1998, as evidenced by that certain <br /> Memorandum of Lease Agreement ("Memorandum") dated October 23, 1998, and recorded on <br /> December 29, 1998, in Book 1849, Page 546 in the Registry; and <br /> WHEREAS, Grantor conveyed to Property Owner its right, title, and interest in the <br /> Parent Parcel pursuant to that North Carolina General Warranty Deed recorded on January 15, <br /> 2014, in the Registry in Book 5743, Page 496; and <br /> WHEREAS, Grantee is successor in interest in the Easement Agreement and the Lease <br /> Agreement to GTE Mobilnet; and <br /> WHEREAS, the parties now wish to amend the description of the Easement Tracts and <br /> Leased Premises. <br /> NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br /> which is hereby acknowledged, the parties hereto agree to amend the Easement Agreement as <br /> follows: <br /> 1. Any capitalized terms not defined herein shall have the meanings ascribed to them <br /> in the Easement Agreement. <br /> 2. The descriptions of the Easement Tracts granted in the Easement Agreement are <br /> amended to reflect those non-exclusive easements more particularly shown and <br /> described as the "Access/Utility Easement" on Exhibit A attached hereto and as <br /> the "Utility Easement" on Exhibit B attached hereto, respectively. Grantor and <br /> Property Owner do hereby grant such non-exclusive appurtenant easements and <br /> rights-of-way to Grantee, its successors and assigns, for the benefit and use by <br /> Grantee and its affiliates, and each of their employees, agents, representatives, <br /> customers, sublessees, licensees, contractors and subcontractors, for the ingress <br /> and egress to and from the Leased Premises, seven days per week, twenty-four <br /> hours per day, on foot or motor vehicle, including trucks, together with the right <br /> to install, replace and maintain utility wires, poles, cables, conduits and pipes in, <br /> on and under said easements and rights-of-way. In the event the location(s) of <br /> any of Grantee's or its lessees', licensees', and/or sub-easement holders' existing <br /> utilities and/or access routes are not depicted or described on Exhibit A or Exhibit <br /> B attached hereto, Grantee's easement rights over such area(s) shall remain in full <br /> force and effect. Exhibit A attached hereto shall replace Exhibit D to the <br /> Easement Agreement. Exhibit B attached hereto shall replace Exhibit E to the <br /> Easement Agreement. The modified easements and rights-of-way granted herein <br /> shall be binding on and inure to the benefit of Grantee and its lessees, licensees, <br /> successors and assigns. <br /> 3. The description of the Leased Premises described in the Easement Agreement is <br /> amended to reflect that 864 square feet portion of the Parent Parcel more <br /> particularly shown and described as "Tower Lease" on Exhibit C attached <br /> Culbreth,NC <br /> BU 814444 2 <br /> PPAB 4231906v5 <br />
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