1
EXHIBIT 10.qq
XXXX OF SALE AND ASSIGNMENT
THIS XXXX OF SALE AND ASSIGNMENT (hereinafter referred to as this
"AGREEMENT"), made and entered into as of the 30th day of August, 1996, by and
between THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, a New York corporation
(hereinafter referred to as "SELLER"), and OVERSEAS PARTNERS (AFC), INC., a
Georgia corporation (hereinafter referred to as "PURCHASER"),
WITNESSETH:
WHEREAS, Seller is the owner of certain improved real property (hereinafter
referred to as the "PROPERTY") located in the City of Atlanta, County of
Xxxxxx, State of Georgia, as more particularly described in EXHIBIT "A"
attached hereto and by this reference made a part hereof; and
WHEREAS, Seller has on even date conveyed the Property to Purchaser, and in
connection therewith Seller wishes hereby to transfer and assign to Purchaser
all of Seller's right, title and interest in and to certain personal property
related to the Property as more particularly described below.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, in hand paid by Purchaser to Seller, the
receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser
hereby covenant and agree as follows:
1. PERSONALTY. Seller hereby grants, bargains, sells, conveys, transfers
and delivers to Purchaser, if and to the extent transferable, all personal
tangible property owned by Seller and which is located on and relates to the
design, construction, ownership, use, management, leasing, maintenance, service
or operation of the Property, including, without limitation, any plans,
specifications, drawings, books, records, lease files, licenses, permits,
certificates of occupancy, keys, office furniture, equipment and supplies, and
janitorial, service, repair, maintenance equipment, machinery and supplies
(hereinafter referred to collectively as the "PERSONALTY").
2. INTANGIBLES. Seller hereby grants, bargains, sells, conveys, transfers
and delivers to Purchaser, if and to the extent transferable, any rights which
Seller may have in the following (hereinafter referred to collectively as the
"INTANGIBLES"): any intangible assets relating to the Property or the
Personalty,, including, without limitation, the name "Atlanta Financial Center"
(excluding, however, (a) any tenant leases for space in the Property (which
tenant leases are being assigned by Seller to Purchaser by separate instrument
of even date herewith), (b) all rights of Seller under or pursuant to that
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certain Purchase and Sale Agreement entered into between Seller and Overseas
Partners Capital Corp. dated August 9, 1996, as assigned by Overseas Partners
Capital Corp. to Purchaser by instrument dated of even date herewith, concerning
the purchase and sale of the Property, and (c) any claims or causes of action
Seller may have against (i) any prior direct or indirect owner of all or any
portion of the Property or the Personalty, (ii) any prior tenants of the
Property, (iii) any current or prior manager or leasing agent of the Property,
and (iv) PPG Industries, Inc., Sunbelt Glass & Aluminum, Inc., The Xxxx Company
and Pace Construction Company, and their affiliates, relating in any way to the
spandrel glass in the portion of the Property known as the "North Tower").
3. WARRANTY OF TITLE. Seller hereby warrants and will forever defend the
right and title to the Personalty and the Intangibles against, but only against,
the lawful claims of all persons owning, holding or claiming by, through or
under Seller, except for claims arising under or by virtue of the matters
described on EXHIBIT "B" attached hereto and by this reference made a part
hereof.
4. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure
to the benefit of Purchaser and Seller and their respective heirs, legal
representatives, successors and assigns.
IN WITNESS WHEREOF, Seller has executed this Agreement under seal as of the
date first above written.
THE MUTUAL LIFE INSURANCE COMPANY
OF NEW YORK, a New York corporation
By:/s/ Xxxxx X. Xxxxxxx
--------------------------------
Xxxxx X. Xxxxxxx
Senior Vice President
ARES Realty Capital, Inc.
Authorized Signatory
[CORPORATE SEAL]
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LEGAL DESCRIPTION OF LAND
PHASE I
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Xxxx 00 xxx 00, 00xx
Xxxxxxxx, Xxxx of Atlanta, Xxxxxx County, Georgia and being more particularly
described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at the point formed by the
intersection of the northernmost right-of-way line of Highland Drive (a 50-foot
right-of-way) with the easternmost right-of-way line of Peachtree Road (a
variable right-of-way being 80 feet at this point) and proceed thence in a
northerly direction along the aforesaid easternmost right-of-way line, following
the curvature thereof, a distance of 365.1 feet to an iron pin which is THE TRUE
POINT OF BEGINNING.
FROM THE TRUE POINT OF BEGINNING THUS ESTABLISHED proceed thence along the
aforesaid easternmost right-of-way line north 13(degree)43'08" east a distance
of 37.39 feet to a point on the aforesaid easternmost right-of-way line; proceed
thence along the aforesaid easternmost right-of-way line along an arc of a curve
to the right, an arc distance of 179.12 feet to a point, said arc being
subtended by a chord 178.99 feet in length and bearing north 20(degree)26'46"
east; proceed thence along the aforesaid easternmost right-of-way line north
26(degree)16'11" east a distance of 48.21 feet to a point on the aforesaid
easternmost right-of-way line; proceed thence along the aforesaid easternmost
right-of-way line north 28(degree)17'14" east 48.18 feet to a point on the
aforesaid easternmost right-of-way line; proceed thence along the aforesaid
easternmost right-of-way line north 30(degree)11'09" east a distance of 48.15
feet to a point on the aforesaid easternmost right-of-way line; proceed thence
north 32(degree)20'44" east a distance of 57.74 feet to a point on the aforesaid
easternmost right-of-way line; proceed thence along the aforesaid easternmost
right-of-way line north 55(degree)03'02" east a distance of 8.44 feet to a point
on the aforesaid easternmost right-of-way line; proceed thence along an arc of a
curve to the left, departing from the aforesaid easternmost right-of-way line,
an arc distance of 178.88 feet, said arc being subtended by a chord 178.87 feet
in length and bearing south 32(degree)44'02" east; proceed thence along an arc
of a curve to the left, an arc distance of 23.09 feet to a point, said arc being
subtended by a chord 23.09 feet in length and bearing south 31(degree)15'01"
east; proceed thence south 31(degree)11'25" west, a distance of 26.49 feet to a
point; proceed thence south 81(degree)18'35" east, a distance of 35.04 feet to a
point; proceed thence south 14(degree)08'05" east, a distance of 140.56 feet to
a point; proceed thence south 81(degree)21'18" east, a distance of 0.36 feet to
a point; proceed thence north 31(degree)11'25" east, a distance of 366.62 feet
to a point; proceed thence south 74(degree)31'03" east, a distance of 10.04 feet
to a point; proceed thence north 13(degree)51'45" west, a distance of 261.95
feet to a point; proceed thence north 48(degree)03'44" west, a distance of 95.71
feet to a point located on the aforesaid easternmost right-of-way line of
Peachtree Road; proceed thence along the aforesaid easternmost right-of-way line
north 39(degree)15'08" east, a distance of 142.28 feet to a point; proceed
thence south 13(degree)51'45" east, a distance of 1,104.35 feet to a point
located
EXHIBIT 'A'
4
on the Land Lot line common to Land Xxxx 00 xxx 00 xx xxx 00xx Xxxxxxxx xx
Xxxxxx Xxxxxx, Xxxxxxx; proceed thence along the said common Land Lot line north
89(degree)37'06" west, a distance of 363.25 feet; proceed thence, departing from
said common Land Lot line, north 12(degree)49'09" west, a distance of 218.41
feet to a point; proceed thence north 79(degree)10'45" west, a distance of
356.72 feet to a point located on the aforesaid easternmost right-of-way line of
Peachtree Road, said point being the TRUE POINT OF BEGINNING, said tract or
parcel of land being more particularly shown as "Phase I" on that certain survey
by Xxxxxxx & Associates bearing the seal and certification of Xxxxxxx X. Xxxxxx,
Georgia Registered Land Surveyor No. 1946, prepared for Overseas Partners
Capital Corp., dated December 20, 1993, last revised August 27, 1996, and
bearing file no. 93153, which survey is incorporated herein by this reference.
LESS AND EXCEPT that portion of the above property conveyed by the following:
(1) Limited Warranty Deed from R-H Building Partners, Ltd., a Georgia limited
partnership, as to an undivided 50% interest and The Mutual Life Insurance
Company of New York, a New York corporation, as to an undivided 50% interest,
together doing business as Atlanta Financial Center Associates, a Georgia Joint
Venture to The Department of Transportation of the State of Georgia, dated
December 22, 1986, filed for record December 23, 1986 at 1:41 p.m., recorded in
Deed Book 10513, Page 108, Records of Xxxxxx County, Georgia
(2) Limited Warranty Deed from Atlanta Financial Center Associates, a Georgia
joint venture composed of The Mutual Life Insurance Company of New York and R-H
Building Partners, Ltd., to the Department of Transportation of the State of
Georgia, dated April 4, 1989, filed for record July 19, 1989 at 9:30 a.m.,
recorded in Deed Book 12667, Page 115, aforesaid Records.
TOGETHER WITH all easements appurtenant to the above property created by the
following:
(a) Parking Deck and Easement Agreement by and among Xxxxxxx X. Xxxxxx, Xxxxxx
X. Xxxxxx, Xxxxxx X. Xxxxxx, and X-X Building Partners, Ltd., dated July 15,
1981, recorded in Deed Book 7903, Page 165, aforesaid Records; as amended by
that certain Amendment of Parking Deck and Easement Agreement, dated July 15,
1981, recorded in Deed Book 7903, Page 385, aforesaid Records (said Amendment
having been terminated by Agreement dated September 20, 1982, recorded in Deed
Book 8255, Page 475, aforesaid Records); as further amended by Second Amendment
to Parking Deck and Easement Agreement, dated July 18, 1985, recorded in Deed
Book 9618, Page 37, aforesaid Records; as further amended by that certain Third
Amendment to Parking Deck and Easement Agreement, dated as of July 18, 1985,
recorded in Deed Book 10290, Page 389, aforesaid Records; as further amended by
that certain Declaration of Release dated December 22, 1986, recorded in Deed
Book 10561, Page 358, aforesaid Records; as further amended by that certain
Fourth Amendment to Parking Deck and Easement Agreement, dated as of August 11,
1988, recorded in Deed Book 11790, Page 76, aforesaid Records.
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EXHIBIT 'A'
5
(b) Reciprocal Easement Agreement by and among Xxxxxxxx-Xxxxxxxx Properties,
Inc., R-H Associates Bldg. II Corp. and Atlanta Financial Center Associates,
dated July 18, 1985, recorded in Deed Book 9618, Page 68, aforesaid Records; as
amended by that certain First Amendment to Reciprocal Easement Agreement, dated
as of July 18, 1985, recorded in Deed Book 10290, Page 411, aforesaid Records;
as further amended by that certain Declaration of Release, dated December 22,
1986, recorded in Deed Book 10561, Page 358, aforesaid Records; as further
amended by that certain Second Amendment to Reciprocal Easement Agreement, dated
as of August 11, 1988, recorded in Deed Book 11790, Page 69, aforesaid Records.
(c) Agreement by and among R-H Associates Bldg. II Corp., Atlanta Financial
Center Associates, Xxxxxxxx-Xxxxxxxx Properties, Inc. and the Department of
Transportation of the State of Georgia, dated July 18, 1985, recorded in Deed
Book 9618, Page 145, aforesaid Records; as amended by that certain Amendment to
Agreement dated as of July 18, 1985, recorded in Deed Book 10290, page 289,
aforesaid Records; the interest of R-H Associates Bldg. II Corp. thereunder
having been assigned to Two Atlanta Financial Center Associates by that certain
Assignment and Assumption (DOT Agreements), dated July 28, 1987, recorded in
Deed Book 10973, Page 179, aforesaid Records.
(d) Agreement Regarding Georgia 400 Extension, by and among R-H Associates Bldg.
II Corp., Xxxxxxxx-Xxxxxxxx Properties, Inc., Atlanta Financial Center
Associates, MONY Mortgage Investors, and The Mutual Life Insurance Company of
New York dated July 18, 1985, recorded in Deed Book 9623, Page 75, aforesaid
Records; as amended by that certain First Amendment to Agreement Regarding
Georgia Highway 400 Extension, dated as of July 18, 1985, recorded in Deed Book
10290, Page 419, aforesaid Records; the interest of R-H Associates Bldg. II
Corp. thereunder having been assigned to Two Atlanta Financial Center Associates
by that certain Assignment and Assumption (DOT Agreements) dated July 28, 1987,
recorded in Deed Book 10973, Page 179, aforesaid Records.
(e) Limited Warranty Deed from R-H Building Partners, Ltd. a Georgia limited
partnership, as to an undivided 50% interest and The Mutual Life Insurance
Company of New York a New York corporation, as to an undivided 50% interest,
together doing business as Atlanta Financial Center Associates, a Georgia Joint
Venture to The Department of Transportation of the State of Georgia, dated
December 22, 1986, filed for record December 23, 1986 at 1:41 p.m., recorded in
Deed Book 10513, Page 108, aforesaid Records.
(f) Limited Warranty Deed from Atlanta Financial Center Associates, a Georgia
joint venture composed of The Mutual Life Insurance Company of New York and R-H
Building Partners, Ltd., to the Department of Transportation of the State of
Georgia, dated April 4, 1989, filed for record July 19, 1989 at 9:30 a.m.,
recorded in Deed Book 12667, Page 115, aforesaid Records.
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EXHIBIT 'A'
6
PHASE II
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Xxx 00, 00xx Xxxxxxxx,
Xxxx xx Xxxxxxx, Xxxxxx Xxxxxx, Xxxxxxx and being more particularly described as
follows:
TO FIND THE TRUE POINT OF BEGINNING begin at a point formed by the intersection
of the easternmost right-of-way line of Peachtree Road (a variable right-of-way
being 80 feet at this point) with the northernmost right-of-way line of Highland
Drive (a 50-foot right-of-way) and proceed thence in a northeasterly direction
along the aforesaid easternmost right-of-way line of Peachtree Road a distance
of 365.1 feet to a point; proceed thence in a northeasterly direction along the
aforesaid easternmost right-of-way line north 13(degree)43'08" east a distance
of 37.39 feet to a point; proceed thence along the aforesaid easternmost
right-of-way line, following the curvature thereof to the right, an arc distance
of 179.12 feet to a point, said arc being subtended by a chord 178.99 feet in
length and bearing north 20(degree)26'46" east; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
26(degree)16'11" east a distance of 48.21 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
28(degree)17'14" east a distance of 48.18 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
30(degree)11'09" east a distance of 48.15 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
32(degree)20'44" east a distance of 57.74 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
55(degree)03'02" east a distance of 8.44 feet to a point, said point being THE
TRUE POINT OF BEGINNING.
FROM THE TRUE POINT OF BEGINNING THUS ESTABLISHED proceed thence along the
aforesaid easternmost right-of-way line north 55(degree)32'07" east a distance
of 18.02 feet to a point; proceed thence in a southeasterly direction along the
aforesaid easterly right-of-way line, following the curvature thereof to the
right, an arc distance of 7.77 feet to a point, said arc being subtended by a
chord 7.77 feet in length and bearing south 31(degree)52'33" east; thence leave
said right-of-way line and proceed in a southeasterly direction along the arc of
a curve to the left, an arc distance of 171.77 feet to a point, said arc being
subtended by a chord 171.77 feet in length and bearing south 32(degree)46'15"
east; proceed thence in a southeasterly direction along the arc of a curve to
the left, an arc distance of 14.05 feet to a point, said arc being subtended-by
a chord 14.05 feet in length and bearing south 31(degree)08'45" east; proceed
thence north 31(degree)11'25" east a distance of 193.49 feet to a point; proceed
thence north 31(degree)11'25" east a distance of 3.77 feet to a point; proceed
thence south 74(degree)31'03" east a distance of 62.79 feet to a point; proceed
thence north 76(degree)11'25" east a distance of 74.14 feet to a point; proceed
thence south 13(degree)51'45" east a distance of 41.61 feet; proceed thence
north 74(degree)31'03" west a distance of 10.04 feet to a point; proceed thence
south 31(degree)11'25" west a distance of 366.62 feet to a point; proceed
thence north 81(degree)21'18" west a distance of 0.36 feet to a point; proceed
thence north 14(degree)08'05" west a distance of 140.56 feet to a point;
proceed thence north 81(degree)18'35" west a distance of 35.04 feet to a point;
proceed thence north 31(degree)11'25" east a distance of 26.49 feet to a point;
proceed thence along the arc of a curve to the right an arc distance of 23.09
feet to a point, said arc being subtended by a chord 23.09 feet in length and
bearing north 31(degree)15'01" west; proceed thence
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EXHIBIT 'A'
7
along an arc of a curve to the right an arc distance of 178.88 feet to a point,
said arc being subtended by a chord 178.87 feet in length and bearing north
32(degree)44'02" west, said point being THE TRUE POINT OF BEGINNING, said tract
or parcel of Land being more particularly shown as "Phase II" on that certain
survey by Xxxxxxx & Associates, bearing the seal and certification of Xxxxxxx X.
Xxxxxx, Georgia Registered Land Surveyor No. 1946, prepared for Overseas
Partners Capital Corp., dated December 20, 1993, last revised August 27, 1996,
and bearing file no. 93153, which survey is incorporated herein by this
reference.
LESS AND EXCEPT that portion of the above property conveyed by the following:
(1) Limited Warranty Deed from R-H Associates Bldg. II Corp. to the Department
of Transportation, dated December 22, 1986, recorded in Deed Book 10513, Page
127, aforesaid Records.
(2) Limited Warranty Deed from Two Atlanta Financial Center Associates, a
Georgia joint venture composed of The Mutual Life Insurance Company of New York
and R-H Associates Bldg. II Corp., to the Department of Transportation of the
State of Georgia, dated April 4, 1989, filed for record July 19, 1989 at 9:30
a.m., recorded in Deed Book 12667, Page 141, aforesaid Records.
TOGETHER WITH all easements appurtenant to the above property created by the
following:
(a) Parking Deck and Easement Agreement by and among Xxxxxxx X Xxxxxx, Xxxxxx X.
Xxxxxx, Xxxxxx X. Xxxxxx, and X-X Building Partners, Ltd., dated July 15, 1981,
recorded in Deed Book 7903, Page 165, aforesaid Records; as amended by that
certain Amendment of Parking Deck and Easement Agreement, dated July 15, 1981,
recorded in Deed Book 7903, Page 385, aforesaid Records (said Amendment having
been terminated by Agreement dated September 20, 1982, recorded in Deed Book
8255, Page 475, aforesaid Records); as further amended by Second Amendment to
Parking Deck and Easement Agreement, dated July 18, 1985, recorded in Deed Book
9618, Page 37, aforesaid Records; as further amended by that certain Third
Amendment to Parking Deck and Easement Agreement, dated as of July 18, 1985,
recorded in Deed Book 10290, Page 389, aforesaid Records; as further amended by
that certain Declaration of Release dated December 22, 1986, recorded in Deed
Book 10561, Page 358, aforesaid Records; as further amended by that certain
Fourth Amendment to Parking Deck and Easement Agreement, dated as of August 11,
1988, recorded in Deed Book 11790, Page 76, aforesaid Records.
(b) Reciprocal Easement Agreement by and among Xxxxxxxx-Xxxxxxxx Properties,
Inc., R-H Associates Bldg. II Corp. and Atlanta Financial Center Associates,
dated July 18, 1985, recorded in Deed Book 9618, Page 68, aforesaid Records; as
amended by that certain First Amendment to Reciprocal Easement Agreement, dated
as of July 18, 1985, recorded in Deed Book 10290, Page 411, aforesaid Records;
as further amended by that certain Declaration of Release, dated December 22,
1986, recorded in Deed Book 10561, Page 358, aforesaid Records; as further
amended by that certain Second Amendment to Reciprocal
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EXHIBIT 'A'
8
Easement Agreement, dated as of August 11, 1988, recorded in Deed Book 11790,
Page 69, aforesaid Records.
(c) Agreement by and among R-H Associates Bldg. II Corp., Atlanta Financial
Center Associates, Xxxxxxxx-Xxxxxxxx Properties, Inc. and the Department of
Transportation of the State of Georgia dated July 18, 1985, recorded in Deed
Book 9618, Page 145, aforesaid Records; as amended by that certain Amendment to
Agreement dated as of July 18, 1985, recorded in Deed Book 10290, Page 289,
aforesaid Records; the interest of R-H Associates Bldg. II Corp. thereunder
having been assigned to Two Atlanta Financial Center Associates by that certain
Assignment and Assumption (DOT Agreements), dated July 28, 1987, recorded in
Deed Book 10973, Page 179, aforesaid Records.
(d) Agreement Regarding Georgia 400 Extension, by and among R-H Associates Bldg.
II Corp., Xxxxxxxx-Xxxxxxxx Properties, Inc., Atlanta Financial Center
Associates, MONY Mortgage Investors, and The Mutual Life Insurance Company of
New York dated July 18, 1985, recorded in Deed Book 9623, Page 75, aforesaid
Records; as amended by that certain First Amendment to Agreement Regarding
Georgia Highway 400 Extension, dated as of July 18, 1985, recorded in Deed Book
10290, Page 419, aforesaid Records; the interest of R-H Associates Bldg. II
Corp. thereunder having been assigned to Two Atlanta Financial Center Associates
by that certain Assignment and Assumption (DOT Agreements) dated July 28, 1987,
recorded in Deed Book 10973, Page 179, aforesaid Records.
(e) Limited Warranty Deed from Atlanta Financial Center Associates, a Georgia
joint venture composed of The Mutual Life Insurance Company of New York and R-H
Building Partners, Ltd., to the Department of Transportation of the State of
Georgia, dated April 4, 1989, filed for record July 19, 1989 at 9:30 a.m.,
recorded in Deed Book 12667, Page 127, aforesaid Records.
(f) Limited Warranty Deed from Two Atlanta Financial Center Associates, a
Georgia joint venture composed of The Mutual Life Insurance Company of New York
and R-H Associates Bldg. II Corp., to the Department of Transportation of the
State of Georgia dated April 4, 1989, filed for record July 19, 1989 at 9:30
a.m., recorded in Deed Book 12667, Page 141, aforesaid Records.
PHASE III
All that tract or parcel of land lying and being in Land Xxx 00, 00xx Xxxxxxxx,
Xxxx xx Xxxxxxx, Xxxxxx Xxxxxx, Xxxxxxx and being more particularly described as
follows:
TO FIND THE TRUE POINT OF BEGINNING begin at a point formed by the intersection
of the easternmost right-of-way line of Peachtree Road (a variable right-of-way
being 80 feet at this point) with the northernmost right-of-way line of Highland
Drive (a 50-foot right-of-way); proceed thence in a northeasterly direction
along the aforesaid easternmost right-of-way line a distance of 365.1 feet to a
point; proceed thence along the aforesaid easternmost right-of-way line north
13(degree)43'08" east a distance of 37.39 feet to a point; proceed thence
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EXHIBIT 'A'
9
along the aforesaid easternmost right-of-way line, following the curvature
thereof to the right, an arc distance of 179.12 feet to a point, said arc being
subtended by a chord 178.99 feet in length and bearing north 20(degree)26'46"
east; proceed thence in a northeasterly direction along the aforesaid
easternmost right-of-way line north 26(degree)16'11" east a distance of 48.21
feet to a point; proceed thence in a northeasterly direction along the aforesaid
easternmost right-of-way line north 28(degree)17'14" east a distance of 48.18
feet to a point; proceed thence in a northeasterly direction along the aforesaid
easternmost right-of-way line north 30(degree)11'09" east a distance of 48.15
feet to a point; proceed thence in a northeasterly direction along the aforesaid
easternmost right-of-way line north 32(degree)20'44" east a distance of 57.74
feet to a point; proceed thence in a northeasterly direction along the aforesaid
easternmost right-of-way line north 55(degree)03'02" east a distance of 8.44
feet to a point; proceed thence in a northeasterly direction along the aforesaid
easternmost right-of-way line north 55(degree)32'07" east a distance of 18.02
feet to a point; proceed thence in a southeasterly direction along the aforesaid
easternmost right-of-way line, following the curvature thereof to the left, an
arc distance of 7.77 feet to a point, said arc being subtended by a chord 7.77
feet in length and bearing south 31(degree)52'33" east; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
35(degree)10'06" east a distance of 74.16 feet to a point; proceed thence in a
southeasterly direction along the aforesaid easternmost right-of-way line south
58(degree)48'33" east a distance of 6.36 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
31(degree)11'26" east a distance of 10.05 feet to a point; proceed thence in a
southeasterly direction along the aforesaid easternmost right-of-way line south
58(degree)48'29" east a distance of 19 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
31(degree)11'26" east a distance of 24.83 feet to a point; proceed thence in a
northwesterly direction along the aforesaid easternmost right-of-way line north
58(degree)48'44" west a distance of 19 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easterly right-of-way line north
31(degree)11'23" east a distance of 22.01 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easterly right-of-way line north
40(degree)58'56" east a distance of 74.76 feet to a point, said point being THE
TRUE POINT OF BEGINNING.
FROM THE TRUE POINT OF BEGINNING THUS ESTABLISHED proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
21(degree)19'11" west a distance of 7.91 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
23(degree)34'11" east a distance of 38.38 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
40(degree)15'17" east a distance of 62.82 feet to a point; proceed thence in a
northeastern direction along the aforesaid easternmost right-of-way line north
39(degree)15'08" east a distance of 49.32 feet to a point; thence leave said
right-of-way line and proceed thence south 48(degree)03'44" east a distance of
95.71 feet to a point; proceed thence south 13(degree)51'45" east a distance of
220.34 feet to a point; proceed thence south 76(degree)11'25" west a distance of
74.14 feet to a point; proceed thence north 74(degree)31'03" west a distance of
62.79 feet to a point; proceed thence south 31(degree)11'25" west a distance of
3.77 feet to a point; proceed thence in a northwesterly direction along the arc
of a curve to the right, an arc distance of 131.99 feet to a point, said arc
being subtended by a chord 131.97 feet in length and bearing north
26(degree)58'00" west to a point; proceed thence north 21(degree)19'11" west a
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EXHIBIT 'A'
10
distance of 38.37 feet to a point; said point being THE TRUE POINT OF BEGINNING,
said tract or parcel of land being more particularly shown as "Phase III" on
that certain survey prepared by Xxxxxxx X. Xxxxxx, Georgia Registered Land
Surveyor no. 1946, prepared for Overseas Partners Capital Corp., dated December
20, 1993, last revised August 27, 1996, and bearing file no. 93153, which survey
is incorporated herein by this reference.
LESS AND EXCEPT that portion of the above property conveyed by that certain
Limited Warranty Deed from R-H Associates Bldg. III Corp., a Georgia corporation
to the Department of Transportation of the State of Georgia, dated April 4,
1989, filed for record July 19, 1989 at 9:30 a.m., recorded in Deed Book 12667,
Page 222, aforesaid Records.
TOGETHER WITH all easements appurtenant to the above property created by
the following:
(a) Parking Deck and Easement Agreement among Xxxxxxx X. Xxxxxx, Xxxxxx X.
Xxxxxx, Xxxxxx X. Xxxxxx and X-X Building Partners, Ltd., dated July 15, 1981,
recorded at Deed Book 7903, page 165, Xxxxxx County Records, as amended by
Amendment of Parking Deck and Easement Agreement dated July 15, 1981, recorded
at Deed Book 7903, page 385, said Amendment having been terminated by Agreement
dated September 20, 1982, recorded at Deed Book 8255, page 475, as further
amended by Second Amendment to Parking Deck and Easement Agreement dated July
18, 1985, recorded at Deed Book 9618, page 37, and Third Amendment to Parking
Deck and Easement Agreement dated as of July 18, 1985, recorded in Deed Book
10290, page 389 and Declaration of Release dated December 22, 1986, recorded at
Deed Book 10561, page 358, aforesaid records, as further amended by Fourth
Amendment to Parking Deck and Easement Agreement dated as of August 11, 1988,
recorded in Deed Book 11790, page 76, aforesaid Records.
(b) Reciprocal Easement Agreement among Atlanta Financial Center Associates, R-H
Associates Bldg. II Corp. and Xxxxxxxx-Xxxxxxxx Properties, Inc., dated July 18,
1985, recorded in Deed Book 9618, page 68, aforesaid records, as amended by
First Amendment to Reciprocal Easement Agreement dated as of July 18, 1985,
recorded at Deed Book 10290, page 411, as further amended by Declaration of
Release dated December 22, 1986, recorded at Deed Book 10561, page 358,
aforesaid Records, as amended by Second Amendment to Reciprocal Easement
Agreement dated as of August 11, 1988, recorded in Deed Book 11790, page 69,
aforesaid Records.
(c) Agreement among R-H Associates Bldg. II Corp., Atlanta Financial Center
Associates, RobinsonHumphrey Properties, Inc. and Department of Transportation
of State of Georgia, dated July 18, 1985, recorded at Deed Book 9618, page 145,
aforesaid records, as amended by Agreement dated as of July 18, 1985, recorded
at Deed Book 10290, page 289; the interest of R-H Associates Bldg. II Corp.
thereunder having been assigned to Two Atlanta Financial Center Associates by
that certain Assignment and Assumption (DOT Agreements), dated July 28, 1987,
recorded in Deed Book 10973, page 179, aforesaid records.
8
EXHIBIT 'A'
11
(d) Encroachment Easement Agreement by and between Xxxxxxxx-Xxxxxxxx Properties,
Inc. and Two Atlanta Financial Center Associates dated December 24, 1987,
recorded at Deed Book 11269, page 265, aforesaid records.
(e) Agreement Regarding Georgia 000 Xxxxxxx Xxxxxxxxx among R-H Associates Bldg.
II Corp., Xxxxxxxx-Xxxxxxxx Properties, Inc., Atlanta Financial Center
Associates, Trustees of Mony Mortgage Investors and The Mutual Life Insurance
Company of New York, dated as of July 18, 1985, recorded at Deed Book 9623, page
75, aforesaid records, as amended by First Amendment to Agreement Regarding
Georgia 000 Xxxxxxx Xxxxxxxxx dated as of July 18, 1985, recorded at Deed Book
10290, page 419, aforesaid records; the interest of R-H Associates Bldg. II
Corp. thereunder having been assigned to Two Atlanta Financial Center Associates
by that certain Assignment and Assumption (DOT Agreements), dated July 28, 1987,
recorded in Deed Book 10973, page 179, aforesaid records.
(f) Limited Warranty Deed from Xxxxxxxx-Xxxxxxxx Properties, Inc. to Department
of Transportation of State of Georgia, dated July 18, 1985, recorded at Deed
Book 9618, page 288, aforesaid records, as corrected by Corrective Limited
Warranty Deed dated as of July 18, 1985, recorded at Deed Book 10290, page 372,
aforesaid records.
(g) Limited Warranty Deed from R-H Associates Bldg. III Corp., a Georgia
corporation to the Department of Transportation of the State of Georgia, dated
April 4, 1989, filed for record July 19, 1989 at 9:30 a.m., recorded in Deed
Book 12667, page 222, aforesaid records.
PHASE IV
All that tract or parcel of land lying and being in Land Xxx 00, 00xx Xxxxxxxx,
Xxxx xx Xxxxxxx, Xxxxxx Xxxxxx, Xxxxxxx and being more particularly described as
follows:
TO FIND THE TRUE POINT OF BEGINNING begin at a point formed by the intersection
of the easternmost right-of-way line of Peachtree Road (a variable right-of-way
being 80 feet at this point) with the northernmost right-of-way line of Highland
Drive (a 50-foot right-of-way) and proceed thence in a northeasterly direction
along the aforesaid easternmost right-of-way line a distance of 365.1 feet;
proceed thence along the aforesaid easternmost right-of-way line, north
13(degree)43'08" east a distance of 37.39 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line,
following the curvature thereof to the right, an arc distance of 179.12 feet to
a point, said arc being subtended by a chord 178.99 feet in length and bearing
north 20(degree)26'46" east; proceed thence in a northeasterly direction along
the aforesaid easternmost right-of-way line north 26(degree)16'11" east a
distance of 48.21 feet to a point; proceed thence in a northeasterly direction
along the aforesaid easternmost right-of-way line north 28(degree)17'14" east a
distance of 48.18 feet to a point; proceed thence in a northeasterly direction
along the aforesaid easternmost right-of-way line north 30(degree)11'09" east a
distance of 48.15 feet to a point; proceed thence in a northeasterly direction
along the aforesaid easternmost right-of-way line north 32(degree)20'44" east a
distance of 57.74 feet to a point; proceed thence in a northeasterly direction
along the aforesaid easternmost right-of-way line north 55(degree)03'02" east a
distance
9
EXHIBIT 'A'
12
of 8.44 feet to a point; proceed thence in a northeasterly direction along the
aforesaid easternmost right-of-way line north 55(degree)32'07" east a distance
of 18.02 feet to a point; proceed thence in a southeasterly direction along the
aforesaid easternmost right-of-way line, following the curvature thereof to the
left, an arc distance of 7.77 feet to a point, said arc being subtended by a
chord 7.77 feet in length and bearing south 31(degree)52'33" east, said point
being THE TRUE POINT OF BEGINNING.
FROM THE TRUE POINT OF BEGINNING THUS ESTABLISHED proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
35(degree)10'06" east a distance of 74.16 feet to a point; proceed thence in a
southeasterly direction along the aforesaid easternmost right-of-way line south
58(degree)48'33" east a distance of 6.36 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
31(degree)11'26" east a distance of 10.05 feet to a point; proceed thence in a
southeasterly direction along the aforesaid easternmost right-of-way line south
58(degree)48'29" east a distance of 19 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
31(degree)11'26" east a distance of 24.83 feet to a point; proceed thence in a
northwesterly direction along the aforesaid easternmost right-of-way line north
58(degree)48'44" west a distance of 19 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
31(degree)11'23" east a distance of 22.01 feet to a point; proceed thence in a
northeasterly direction along the aforesaid easternmost right-of-way line north
40(degree)58'56" east a distance of 74.76 feet to a point; thence leave said
right-of-way line and proceed thence south 21(degree)19'11" east a distance of
38.37 feet to a point; proceed thence in a southeasterly direction along the arc
of a curve to the left, an arc distance of 131.99 feet to a point, said arc
being subtended by a chord 131.97 feet in length and bearing south
26(degree)58'00" east; proceed thence south 31(degree)11'25" west a distance of
193.49 feet to a point; proceed thence in a northwesterly direction along the
arc of a curve to the right, an arc distance of 14.05 feet to a point, said arc
being subtended by a chord 14.05 feet in length and bearing north
31(degree)08'45" west, proceed thence in a northwesterly direction along the arc
of a curve to the right, an arc distance of 171.77 feet to a point, said arc
being subtended by a chord 171.77 feet in length and bearing north
32(degree)46'15" west, said point being located on the aforesaid easternmost
right-of-way line and being THE TRUE POINT OF BEGINNING, said tract or parcel of
land being more particularly shown as "Phase IV" on that certain survey by
Xxxxxxx & Associates bearing the seal and certification of Xxxxxxx X. Xxxxxx,
Georgia Registered Land Surveyor No. 1946, prepared for Overseas Partners
Capital Corp., dated December 20, 1993, last revised August 27, 1996, and
bearing file no. 93153, which survey is incorporated herein by this reference.
LESS AND EXCEPT that portion of the above property conveyed by the following:
(1) Limited Warranty Deed from Xxxxxxxx-Xxxxxxxx Properties, Inc to the
Department of Transportation of the State of Georgia, dated July 18, 1985,
recorded in Deed Book 9618, Page 288, aforesaid Records; as corrected by that
certain Corrective Warranty Deed recorded in Deed Book 10290, Page 372,
aforesaid Records.
10
EXHIBIT 'A'
13
(2) Limited Warranty Deed from Xxxxxxxx-Xxxxxxxx Properties, Inc., a Georgia
corporation to the Department of Transportation of the State of Georgia, dated
April 4, 1989, filed for record July 19, 1989 at 9:30 a.m., recorded in Deed
Book 12667, page 163, aforesaid records.
(3) Limited Warranty Deed from Xxxxxxxx-Xxxxxxxx Properties, Inc., a Georgia
corporation to the Department of Transportation of the State of Georgia, dated
April 4, 1989, filed for record July 19, 1989 at 9:30 a.m., recorded in Deed
Book 12667, Page 192, aforesaid Records.
TOGETHER WITH all easements appurtenant to the above property created by the
following:
(a) Parking Deck and Easement Agreement by and among Xxxxxxx X. Xxxxxx, Xxxxxx
X. Xxxxxx, Xxxxxx X. Xxxxxx, and X-X Building Partners, Ltd., dated July 15,
1981, recorded in Deed Book 7903, Page 165, aforesaid Records; as amended by
that certain Amendment of Parking Deck and Easement Agreement, dated July 15,
1981, recorded in Deed Book 7903, Page 385, aforesaid Records (said Amendment
having been terminated by Agreement dated September 20, 1982, recorded in Deed
Book 8255, Page 475, aforesaid Records); as further amended by Second Amendment
to Parking Deck and Easement Agreement, dated July 18, 1985, recorded in Deed
Book 9618, Page 37, aforesaid Records; as further amended by that certain Third
Amendment to Parking Deck and Easement Agreement, dated as of July 18, 1985,
recorded in Deed Book 10290, Page 389, aforesaid Records; as further amended by
that certain Declaration of Release dated December 22, 1986, recorded in Deed
Book 10561, Page 358, aforesaid Records; as further amended by that certain
Fourth Amendment to Parking Deck and Easement Agreement, dated as of August 11,
1988, recorded in Deed Book 11790, Page 76, aforesaid Records.
(b) Reciprocal Easement Agreement by and among Xxxxxxxx-Xxxxxxxx Properties,
Inc., R-H Associates Bldg. II Corp. and Atlanta Financial Center Associates,
dated July 18, 1985, recorded in Deed Book 9618, Page 68, aforesaid Records; as
amended by that certain First Amendment to Reciprocal Easement Agreement, dated
as of July 18, 1985, recorded in Deed Book 10290, Page 411, aforesaid Records;
as further amended by that certain Declaration of Release, dated December 22,
1986, recorded in Deed Book 10561, Page 358, aforesaid Records; as further
amended by that certain Second Amendment to Reciprocal Easement Agreement, dated
as of August 11, 1988, recorded in Deed Book 11790, Page 69, aforesaid Records.
(c) Agreement by and among R-H Associates Bldg. II Corp., Atlanta Financial
Center Associates, Xxxxxxxx-Xxxxxxxx Properties, Inc. and the Department of
Transportation of the State of Georgia, dated July 18, 1985, recorded in Deed
Book 9618, Page 145, aforesaid Records; as amended by that certain Amendment to
Agreement dated as of July 18, 1985, recorded in Deed Book 10290, Page 289,
aforesaid Records; the interest of R-H Associates Bldg. II Corp. thereunder
having been assigned to Two Atlanta Financial Center Associates by that certain
Assignment and Assumption (DOT Agreements), dated July 28, 1987, recorded in
Deed Book 10973, Page 179, aforesaid Records.
11
EXHIBIT 'A'
14
(d) Agreement Regarding Georgia 400 Extension, by and among R-H Associates Bldg.
II Corp., Xxxxxxxx-Xxxxxxxx Properties, Inc., Atlanta Financial Center
Associates, MONY Mortgage Investors, and The Mutual Life Insurance Company of
New York dated July 18, 1985, recorded in Deed Book 9623, Page 75, aforesaid
Records; as amended by that certain First Amendment to Agreement Regarding
Georgia Highway 400 Extension, dated as of July 18, 1985, recorded in Deed Book
10290, Page 419, aforesaid Records; the interest of R-H Associates Bldg. II
Corp. thereunder having been assigned to Two Atlanta Financial Center Associates
by that certain Assignment and Assumption (DOT Agreements) dated July 28, 1987,
recorded in Deed Book 10973, Page 179, aforesaid Records.
(e) Limited Warranty Deed from Xxxxxxxx-Xxxxxxxx Properties, Inc. to the
Department of Transportation of the State of Georgia, dated July 18, 1985,
recorded in Deed Book 9618, Page 288, aforesaid Records; as corrected by that
certain Corrective Warranty Deed recorded in Deed Book 10290, Page 372,
aforesaid Records.
(f) Limited Warranty Deed from Xxxxxxxx-Xxxxxxxx Properties, Inc., a Georgia
corporation to the Department of Transportation of the State of Georgia, dated
April 4, 1989, filed for record July 19, 1989 at 9:30 a.m., recorded in Deed
Book 12667, Page 163, aforesaid Records.
(g) Limited Warranty Deed from Xxxxxxxx-Xxxxxxxx Properties, Inc., a Georgia
corporation to the Department of Transportation of the State of Georgia, dated
April 4, 1989, filed for record July 19, 1989 at 9:30 a.m., recorded in Deed
Book 12667, Page 192, aforesaid Records
12
EXHIBIT 'A'
15
PERMITTED TITLE EXCEPTIONS
1. All City of Atlanta ad valorem taxes subsequent to the year 1996 and all
state and county ad valorem taxes subsequent to the year 1995.
2. Rights of tenants in possession pursuant to leases specifically assigned by
The Mutual Life Insurance Company of New York to Overseas Partners Capital
Corp.
3. All matters disclosed by the survey of the Property prepared by Xxxxxxx X.
Xxxxxx, Georgia Registered Land Surveyor No. 1946, dated December 20, 1993
and last revised August 27, 1996.
4. Indenture from X. X. Xxxxxxx to Stratford Arms Apartments, Inc, dated
October 29, 1958, recorded in Deed Book 3389, Page 525, Records of Xxxxxx
County, Georgia
5. Sewer Easement from Xxxxxxx X. XxXxxx to Xxxxxx X Xxxx and Xxxxx X. Xxxx,
dated June 20, 1951, recorded in Deed Book 2661, Page 43, aforesaid
Records.
6. General Utility Easement from X. X. XxXxxx to Georgia Power Company, dated
December 27, 1949, recorded in Deed Book 2498, page 464, aforesaid Records.
7. Easement from Atlanta Financial Center Associates to Georgia Power Company,
dated January 20, 1986, recorded in Deed Book 9948, Page 54, aforesaid
Records.
8. Easement from Atlanta Financial Center Associates to Georgia Power Company,
dated February 1, 1991, filed for record February 1, 1991 at 12:37 p.m.,
recorded in Deed Book 14030, Page 167, aforesaid Records.
9. Parking Deck and Easement Agreement by and among Xxxxxxx X Xxxxxx, Xxxxxx
X. Xxxxxx, Xxxxxx X Xxxxxx, and X-X Building Partners, Ltd., dated July 15,
1981, recorded in Deed Book 7903, Page 165, aforesaid Records; as amended
by that certain Amendment of Parking Deck and Easement Agreement, dated
July 15, 1981, recorded in Deed Book 7903, Page 385, aforesaid Records
(said Amendment having been terminated by Agreement dated September 20,
1982, recorded in Deed Book 8255, Page 475, aforesaid Records); as further
amended by Second Amendment to Parking Deck and Easement Agreement, dated
July 18, 1985, recorded in Deed Book 9618, Page 37, aforesaid Records; as
further amended by that certain Third Amendment to Parking Deck and
Easement Agreement, dated as of July 18, 1985, recorded in Deed Book 10290,
Page 389, aforesaid Records; as further amended by that certain Declaration
of Release dated December 22, 1986, recorded in Deed Book 10561, Page 358,
aforesaid Records; as further amended by that certain Fourth Amendment to
Parking Deck
EXHIBIT 'B'
16
and Easement Agreement, dated as of August 11, 1988, recorded in Deed Book
11790, Page 76, aforesaid Records.
10. Reciprocal Easement Agreement by and among Xxxxxxxx-Xxxxxxxx Properties,
Inc., R-H Associates Bldg. II Corp. and Atlanta Financial Center
Associates, dated July 18, 1985, recorded in Deed Book 9618, Page 68,
aforesaid Records; as amended by that certain First Amendment to Reciprocal
Easement Agreement, dated as of July 18, 1985, recorded in Deed Book 10290,
Page 411, aforesaid Records; as further amended by that certain Declaration
of Release, dated December 22, 1986, recorded in Deed Book 10561, Page 358,
aforesaid Records; as further amended by that certain Second Amendment to
Reciprocal Easement Agreement, dated as of August 11, 1988, recorded in
Deed Book 11790, Page 69, aforesaid Records.
11. Agreement by and among R-H Associates Bldg. II Corp., Atlanta Financial
Center Associates, Xxxxxxxx-Xxxxxxxx Properties, Inc. and the Department of
Transportation of the State of Georgia, dated July 18, 1985, recorded in
Deed Book 9618, Page 145, aforesaid Records; as amended by that certain
Amendment to Agreement dated as of July 18, 1985, recorded in Deed Book
10290, Page 289, aforesaid Records; the interest of R-H Associates Bldg. II
Corp. thereunder having been assigned to Two Atlanta Financial Center
Associates by that certain Assignment and Assumption (DOT Agreements),
dated July 28, 1987, recorded in Deed Book 10973, Page 179, aforesaid
Records.
12. Easement Agreement by and between R-H Associates Bldg. II Corp. and the
Department of Transportation of the State of Georgia, dated July 18, 1985,
recorded in Deed Book 9618, Page 301, aforesaid Records; as amended by that
certain First Amendment to Easement Agreement, dated as of July 18, 1985,
recorded in Deed Book 10290, Page 383, aforesaid Records.
13. Agreement Regarding Georgia 400 Extension, by and among R-H Associates
Bldg. II Corp., Xxxxxxxx-Xxxxxxxx Properties, Inc., Atlanta Financial
Center Associates, MONY Mortgage Investors, and The Mutual Life Insurance
Company of New York, dated July 18, 1985, recorded in Deed Book 9623, Page
75, aforesaid Records; as amended by that certain First Amendment to
Agreement Regarding Georgia Highway 400 Extension, dated as of July 18,
1985, recorded in Deed Book 10290, Page 419, aforesaid Records; the
interest of R-H Associates Bldg. II Corp. thereunder having been assigned
to Two Atlanta Financial Center Associates by that certain Assignment and
Assumption (DOT Agreements) dated July 28, 1987, recorded in Deed Book
10973, Page 179, aforesaid Records.
14. Encroachment Easement Agreement by and between Xxxxxxxx-Xxxxxxxx
Properties, Inc., a Georgia corporation and Two Atlanta Financial Center
Associates, a Georgia general partnership, dated December 24, 1987, filed
for record January 13, 1988 at 11:50 a m., recorded in Deed Book 11269,
Page 265, aforesaid Records.
2
EXHIBIT 'B'
17
15. Easements contained in and limitations, restrictions and other matters
pertaining to the use and enjoyment of the easements reserved in that
certain Limited Warranty Deed from R-H Building Partners, Ltd., a Georgia
limited partnership, as to an undivided 50% interest and The Mutual Life
Insurance Company of New York a New York corporation, as to an undivided
50% interest, together doing business as Atlanta Financial Center
Associates, a Georgia Joint Venture to The Department of Transportation of
the State of Georgia, dated December 22, 1986, filed for record December
23, 1986 at 1:41 p.m., recorded in Deed Book 10513, Page 108, aforesaid
Records.
16. Easements contained in and limitations, restrictions and other matters
pertaining to the use and enjoyment of the easements reserved in that
certain Limited Warranty Deed from R-H Associates Bldg. II Corp. to the
Department of Transportation, dated December 22, 1986, recorded in Deed
Book 10513, Page 127, aforesaid Records.
17. Easements contained in and limitations, restrictions and other matters
pertaining to the use and enjoyment of the easements reserved in that
certain Limited Warranty Deed from Atlanta Financial Center Associates, a
Georgia joint venture composed of The Mutual Life Insurance Company of New
York and R-H Building Partners, Ltd., to the Department of Transportation
of the State of Georgia, dated April 4, 1989, filed for record July 19,
1989 at 9:30 am., recorded in Deed Book 12667, Page 115, aforesaid Records.
18. Easements contained in and limitations, restrictions and other matters
pertaining to the use and enjoyment of the easements reserved in that
certain Limited Warranty Deed from Two Atlanta Financial Center
Associates, a Georgia joint venture composed of The Mutual Life Insurance
Company of New York and R-H Associates Bldg. II Corp., to the Department of
Transportation of the State of Georgia, dated April 4, 1989, filed for
record July 19, 1989 at 9:30 a.m., recorded in Deed Book 12667, Page 141,
aforesaid Records.
19. Easements contained in and limitations, restrictions and other matters
pertaining to the use and enjoyment of the easements reserved in that
certain limited Warranty Deed from R-H Associates Bldg. III Corp., a
Georgia corporation to the Department of Transportation of the State of
Georgia, dated April 4, 1989, filed for record July 19, 1989 at 9:30 a.m.,
recorded in Deed Book 12667, Page 222, aforesaid Records.
20. Easement contained in and limitations, restrictions and other matters
pertaining to the use and enjoyment of the easements reserved in that
certain Limited Warranty Deed from Xxxxxxxx-Xxxxxxxx Properties, Inc. to
the Department of Transportation of the State of Georgia, dated July 18,
1985, recorded in Deed Book 9618, Page 288, aforesaid Records; as corrected
by that certain Corrective Warranty Deed recorded in Deed Book 10290, Page
372, aforesaid Records.
3
EXHIBIT 'B'
18
21. Access Easement Agreement from Xxxxxxxx-Xxxxxxxx Properties, Inc., to the
Department of Transportation of the State of Georgia, dated April 4, 1989,
recorded in Deed Book 12667, Page 100, aforesaid Records.
22. Easements contained in and limitations, restrictions and other matters
pertaining to the use and enjoyment of the easements reserved in that
certain Limited Warranty Deed from Xxxxxxxx-Xxxxxxxx Properties, Inc., a
Georgia corporation to the Department of Transportation of the State of
Georgia, dated April 4, 1989, filed for record July 19, 1989 at 9:30 a.m.,
recorded in Deed Book 12667, Page 163, aforesaid Records.
23. Easements contained in and limitations, restrictions and other matters
pertaining to the use and enjoyment of the easements reserved in that
certain Limited Warranty Deed from Xxxxxxxx-Xxxxxxxx Properties, Inc., a
Georgia corporation to the Department of Transportation of the State of
Georgia, dated April 4, 1989, filed for record July 19, 1989 at 9:30 a.m.,
recorded in Deed Book 12667, Page 192, aforesaid Records.
24. Easement from R-H Bldg. Partners, Ltd. to Georgia Power Company dated May
24, 1982 and recorded in Deed Book 8163, Page 272, aforesaid Records.
4
EXHIBIT 'B'
