20140065 Ver 1_Other Documents_20140218

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su STA
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATIO
Beverly Eaves Perdue
GOVERNOR
MEMORANDUM TO
FROM:
SUBJECT:
April 28, 2009
Mr. Doug Taylor, P.E.
Engineering Coord. Section Engineer
J. M. Mills, P.E.
Division Enai eer
15ba K ' . Sm,- Garikf-
11A Y o 5 ZOga
�`ze m MW
��
WAUs
_,.._PKPA L. REPly FOR
. _ FYI
Shared Driv way Ac
p6ss located at 6008 & 6012 High Point Road
Project U -2 2A i Guilford County
Attached is a copy of a letter from Samet Corporation concerning a shared driveway access
located at 6008 & 6012 High Point Road. Also attached is a copy of the recorded joint driveway
and easement agreement between the property owners Alberdingk-Boley located at 6008 High
Point Road and AZAS, LLC located at 6012 High Point Road.
This is for your review and use as you modify the plans for a median cut and full access at this
location. r
If you have any questions, please advise.
JMM /jm
Atta.
cc: Patty Eason
P. O. Box 14996, Greensboro, NC 27415 -4996 Telephone No. (336) 334 -3192 Fax No. (336) 334 -3637 is

A =z�. SAACT CORPPRATION
71GIOnoica Contractor. - rzecd rstate sermes
James.Nfiehaol Mills, P.E.
Division Engineer -Division
N. C. Department -of'Transw
P.O. Box 14996
Greensboro, NC 27415
RE, Shared Driveway Access — 6008 & 6012 High Point Road
�Mike,
9P91i0I ' d
APR 2 7,200
NC Dept. of Transportation
Division of Highways-7th Div.,
Enclosed plose. find. i e:recordei joitit*ive ''d I' tween eproperty
way-an easemen agreement' be ''' th
-owners at 0008 High'Point Road .(Alberdft*, Boley) and 6012 ftigh PointA. oad (AZAS-, LW).
The .m.wrded6aseirt6tk't'.'i&Afi-Fi- -the Idcation: ofthe A*w
les U1 access. to High, Point Road shared
'beiwei n" the two a Thentioned.propettit%,
This .new shared driveway, veway, as depicted by the recorded easement, is planned to be a 30' face to
face curb and gutter paved access.
We
1. Fttll:access io:%'o Point Roada
t -the.1b.c.at-i6o ghow-h d§:th ' Eas-eftnt Area,
A,qvrb/r �&4nzwlacross the miediAn planned for. 010 Floint Road as. dispkayo.dafthe
ddt &149,10! (V..­�412) F..
.
Guilfbid County SR- * — `k 4121 ('Greensboro/Hi$h Fount Road) From . US: . 31 .
i I
(1_!4),-,' to: HIlltQp :Road (SR J4-24).RblJ 3 of 4.
The:property.line between 6008 High P. ' oint Road and 6012.14igh Point Road should be used as
the midway point of the new joint driveway. We expect 1S ;Feet of the new driveway to be on
either, side of the property line.,
Please allow, this .10W. to W" as_ foin-al-00 "Bi at 6n 6f ou- agteem'"P* . -the-location of tho,-
joint 00e a�� n. AiMla
.W�.:Ple zo fittuthat n . itt " :aaci fdlLAddds8 t0.%gKVW Road *0L)*
pro
y-ided an d incoTr
oraftd.1to the itqtovexneotop anne.d. fire Highl oint-R.-oad P ir
ou
rq
9.2491661 (U-2414)i�.A. fWjOdt STP-412'I'(I)):.dtthei6e.ation.degigAiat.cO"by the recorded
easement. WoWd. you also pt ,a proyi&.. yoipr -ahticip, ted schedule of constructiOnfa the
rne4ian of Mgh Point R*40, providing; A . date that tbis.Joiadriveway would need to bo.complete
to coincide with the completion of the new median .in High Point Road.
Thank .you,
Brian. Rall
Real -Estate Preconst=tion.Poject Manager,,LEED AP
A A
KIN
M,

li�llillllllilii�lir�i lll�il�illi�lllll .
2009019246
GL�iCFORO CO, NC SEE $35,00
PRESEI+YEO eRECOROEO:
04.01 -2009 92:03:53 PM
JEFF L. THGPEN
RMSTER OF DEEO3
8Y4ANE SCHULIQ
DEPUTY --ca
BK: R 6995
PG: 1603 -1610
C1
Prepared by and Return to:
Donald G. Sparrow
Sparrow Wolf & Dennis, PA
PO Box 308
Greensboro, NC 27402
+t L& S W-1>
STATE OF NORTH CAROLINA JOINT DRIVEWAY
EASEMENT AND
COUNTY OF GUILFORD MAINTENANCE AGREEMENT
7
THIS JOINT DRIVEWAY EASEMENT AND MAINTENANCE AGREEMENT
(the "Agreement ") is made as of this 2711�"day of March, 2009 by and between ALBERDINGK
BOLCY, INC. , a "" & a(inok Corporation, ( "AB ") and AZAS, LLC, a North Carolina
limited liability company ( "AZAS ").
RECITALS:
A. AB is the owner of that certain parcel or tract of land located in the Guilford
County, North Carolina, conveyed by Deed recorded in Deed Book 5509, Page 762, Guilford
County Registry ( "the AB Property").
B. AZAS is the owner of that certain parcel or tract of land located in Guilford
County, North Carolina, conveyed by Deed recorded in Deed Book 6596, Page 640, Guilford
County Registry, which is adjacent to the AB Property (the "AZAS Property ").
C. The parties hereto wish to enter into this Agreement so that each is granted a
driveway easement over certain property of the other and to provide for the method of
maintenance of the same.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
---hereby-acknowledged, the the parties - -agrm that their - -property -- shall ba- owned; sold; ..cony fired.;._....___ ...... ..........__....__.__..._....._
transferred, occupied and used subject to the following:
1. In ess and Egress Easements. Each party hereby grants to the other a perpetual,
nonexclusive easement over and upon the driveways crosshatched on Exhibit A attached hereto
and incorporated herein by reference, located on AB's and AZAS's Property (the "Easement
Area ") for purposes of vehicular and pedestrian ingress, egress and regress, which easement is
for the benefit of the parties, their respective owners, tenants, employees, agents, invitees,
licenses, successors, heirs and assigns (the "Easement ").
TO HAVE AND TO HOLD the rights, privileges and easements for the purposes stated
herein in and upon the aforesaid tracts or parcels of land unto the parties hereto, their heirs,
assigns and successors in interest, forever, it being agreed that the easements hereby granted are
appurtenant to and shall run with the land of both parties.
2. Maintenance.
(a) Maintenance Obligations. The parties agree that they shall equitably share in
the cost of maintaining, repairing and replacing the driveway shown on Exhibit A as "Proposed
Interconnect." No expenses for maintenance, repair or replacement of the driveway shall be
incurred without the approval of both parties.
(b) Failure to Maintain. Should either party fail to perform reasonably the
maintenance repair and replacement obligations as provided herein, the other panty may notify
the. defaulting party that the maintenance, repair or replacement should be performed. if no
action is taken by the non - performing party within thirty (30) days of such notice, the other party
may perform, at its option such maintenance, repair and replacement obligations and in such
amount, as appropriate, the performing shall be entitled to reimbursement from the other party
for its proportionate share of the actual and reasonable costs and expenses expended in
performing such maintenance, repair and replacement.
(c) Emergency. Notwithstanding the foregoing, in the event of an emergency
which in the reasonable opinion of any party hereto shall prevent the safe passage of automotive
traffic, including, without limitation, the need for clearing snow and ice, any party may notify the
other parties by telephone of such emergency condition, in which case the parties shall agree on
the appropriate course of action to abate such emergency condition.
2

(d) Each party shall maintain such portion of the Easement that is otherwise
located upon its property.
3. Nonpayment. If any party does not perform its obligations of payment as defined
herein, the other parties shall have all rights and remedies available at law and equity.
Furthermore, if any party fails to perform its obligations of payment (the "Defaulting Party "), the
other parties shall be deemed to have contracted with the Defaulting Party for such work and
materials and shall be entitled to file a mechanic's lien against the Defaulting Party's real
property subject hereto for the amount of the payment owed, together with interest thereon at the
rate of eight (8) percent per annum (the "Default Rate ") until paid and all costs of the collection,
including attorneys' fees, all in accordance with Chapter 44A of the North Carolina General
Statutes,
4. Indemnification. AB and its successors and assigns, and any future holders of the
easement rights granted herein agree to 'indemnify, defend, save, and hold harmless AZAS and
its successors and assigns, and all current and future owners of the AZAS Property, or any part
thereof, from and against any and atI losses, liabilities, costs (including reasonable attorneys'
fees), expenses, penalties, judgments, claims and damages of every kind or character arising out
of or in connection with any use of the Easement by AB or its officers, tenants, employees,
agents, customers, business visitors, guests, licensees and invitees or other occupants of the AB
Property, except to the extent such losses are caused by the negligence or willful misconduct of
AZAS or its successors and assigns, agents, employees or contractors. AZAS and its successors
and assigns, and any future holders of the easement rights granted herein agree to indemnify,
defend, save, and hold harmless AB and its successors and assigns, and all current and future
owners of the Ala Property, or any part thereof, from and against any and all losses, liabilities,
costs (including reasonable attorneys' fees), expenses, penalties, judgments, claims and damages
of every kind or character arising out of or in connection with any use of the Easement by AZAS
or its officers, tenants, employees, agents, customers, business visitors, guests, licensees and
invitees or other occupants of the AZAS Property, except to the extent such losses are caused by
the negligence or willful misconduct of AB or its successors and assigns, agents, employees or
contractors.
5. Non - Obstruction. The easements herein granted are intended to, and shall be.
construed to permit free and unobstructed usage of the Easement Area and no barriers or other
obstructions may be placed, except as expressly provided herein, and no temporary or permanent
parking shall be permitted anywhere within the easement areas. Provided, however, in good
faith, temporary restrictions and prohibitions of use are permissible in order to perform the
maintenance duties hereunder.
101

6. Amendment. This Agreement and the exhibits attached hereto contain the entire
agreement among the parties. No modification or amendment of this Agreement shall be of any
force or effect unless"iria'd ire writing. -and executed..- by....A'B and
successors and assigns.
7. Captions. The captions of this Agreement are intended only as a matter of
convenience and for reference. They do not define, limit, or describe the scope of intent of this
Agreement, and they shall not affect the interpretation hereof.
8. No Partnership, Joint Venture. or Principal Agent Relationship. Nothing in this
Agreement nor any acts of the parties shall be deemed by the parties, or by any third person, to
create the relationship of principal and agent, or of partnership, or of joint venture, or of any
association between the parties, and no provisions of this Agreement are intended to create or
constitute any person or third party beneficiary. hereof.
9. Binding Effect. This Agreement and terms and provisions hereof shall be binding
upon and inure to the benefit of the successors and assigns of the parties hereto.
10. Severability. If any provision of this Agreement shall to any extent be invalid or
unenforceable, the remainder of this Agreement (or the application of such provision to persons
or circumstances other than those in respect of which it is invalid or unenforceable) shall not be
affected thereby, and each provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
11. Governing Law. This Agreement shall be construed, interpreted and enforced in
accordance with the laws of the State of North Carolina,
12. Counterparts. This Agreement may be signed in several counterparts, each of
which shall be deemed an original, and all such counterparts shall constitute one and the same
instrument; Any counterpart to which is attached the signature of all parties shall constitute an
original of this Agreement.

4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
.. .,,3, t, ".M1_!
:J6 �►�,'
br'r'i z.
rn
OF NORTH CAROLINA
COUNTY OF (-'v ' l o -
ALBERDINGK BOLEY, INC.
By:
President
Secretary
-gk -gcgSS , a Notary Public of the County and State
aforesaid, certify that `�i 1 r? ; S,-�` *, n# c� personally appeared before me this day and
acknowledged that he is President ofAlberdingk Boley, Inc., Inc., allorth Carolina corporation,
and that he, as President, by authority duly given, executed the foregoing instrument on behalf of
the company.
Y�
Witness my hand and official seal this n23 day of March, 2009.
My commission expires:
••��.ti +ut t tip �,�,7,,r,
r.
,� 0 8 �•t
5
Notary Public

AZAS,LLC
Arthur L. Samet, Member Manager
By:
Andy Zimmerman, Member Manager
STATE OF NORTH CAROLINA
COUNTY OF _Q A,1 -14
-a Notary Public for said County and State aforesaid,
certify that OL,),4-q Z;,ry&.Q -yA ik[\ Metnber/Manager of AZAS, LLC, a North Carolina Limited
Liability Company, personally came before me this day and acknowledged the due execution of
the foregoing instrument on behalf of the company.
Witness my hand and official stamp or seal, this the a`i day of March, 2009,
My commission expires:
�W� . '22, dot 3
;. r? ewe^ "' • }� �G r�t•y�����:
—v
[ �: 1{ 3scrs57) GSISAMC •"I'ivasl)rivc�rayfascincnt.doc
0
Notary Public

I
STATE OF NORTH CAROLINA
rnr-rt r:.r_.v.n.r,.... &u.;l.A,., ...__..__...__..._.
J, i�ise.'{ 8GCY� , a Notary - Public for said County and State aforesaid,
certify that . .0.�, tWember /Manage• of AZAS, LLC, a North Carolina Limited
Liability Company, personally came before me this day and acknowledged the due execution of
the foregoing instrument on behalf of the company.
Witness my hand and official stamp or seal, this the _ day of March, 2009.
My commission expires:
75Q! �, .�Do9
N%OTAj�r
I >:iUscrslE](iS1SAMf: l'1;t�asDrivetiayL•'accmCnt.�oc
7
Notary Public.

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