Transcription of 1982.031.

006 Doc-061
Transcribed with assistance from FromThePage.com users olivebee & Jannyp
Cover Page

[stamped: VERIFIED]

PARTY-WALL AGREEMENT

J. W. Coltrane and wife,

Eva H. Coltrane.
James R. Graham and wife,
Sallie Graham
to
R. S. Kent and wife, Ruth
G. Kent

Mail to -
J. Welch Harriss
c/o Harriss-Covington
Hosiery Mills
High Point

W. L. SHOFFNER
ATTORNEY-AT-LAW
SECURITY BANK BUILDING
BURLINGTON, N. C.

1.75 Pd.
.25 Pd.

Deed Text

NORTH CAROLINA
ALAMANCE COUNTY

This AGREEMENT Made and Entered into this the 18 day of

May, 1953, by and between J. W. COLTRANE and wife, EVA H.
COLTRANE and JAMES R. GRAHAM and wife, SALLIE GRAHAM, of Guilford
County, North Carolina, hereinafter referred to as parties of the
first part, and R. S. KENT and wife, RUTH G. KENT, of Alamance
County, North Carolina, hereinafter referred to as parties of the
second part,

WITNESSETH:-
That, whereas, the parties of the first part are the owners of
a certain tract or parcel of land in Burlington Township, Alamance
County, North Carolina, adjoining the lands of Church Street,
description of said property will be found in the office of the
Register of Deeds for Alamance County in Deed Book 214,
Page 227, to which reference is hereby made.

And, whereas, the parties of the first part are at the present
time in the process of constructing a building on the above
described property, as well as other properties adjoining the
above described properties, which building is to be known as
"The Kroger Building," and, whereas, the parties of the second
part are the owners of a certain tract or parcel of land in
Burlington Township, Alamance County, adjoining the lands of
Church Street and being described in that certain deed which is
recorded in Deed Book 157, Page 332, in the office
of the Register of Deeds of Alamance County to which reference
is hereby made for a more detailed description. For a more
accurate description of said properties see survey prepared by
W. T. Hall dated January 6th and 7th, 1953, done for Coltrane and
Graham.

And, whereas, the parties of the second part do contemplate

building a business building on the property which they own and it
is to the mutual interest of all parties that they enter into a
party wall agreement.

NOW, THEREFORE, In consideration of ($1.00) ONE DOLLAR and

other good and valuable considerations paid by the parties of the
second part, the receipt of which is hereby acknowledged, and in
consideration of the sum of ($1.00) ONE DOLLAR paid by the parties
of the first part to the parties of the second part, receipt of
which is hereby acknowledged, the said parties do hereby enter
into the following stipulations and agreements concerning a party
wall contract:

(1) The parties of the first part shall construct a party wall
to be equally located on the property of the parties of the first
and second parts. The same shall be sixteen (16) inches in width
and shall be a masonry wall of solid concrete block eight (8)
inches of which shall be located on the property of the parties of
the first part and eight (8) inches on the property of the parties
of the second part.

(2) This wall is to be two feet higher than the roof of the
Kent building. The additional height shall be twelve (12) inches
in thickness after the joists of the Kent building join in the
wall of the Kroger building and the top shall be coped with terra
cotta coping.

(3) Each of the parties shall have the privilege of increasing

the height of their respective buildings in the future by extending
the height of the present party wall. All expenses incurred in
the construction and maintenance of any addition to the height shall
be borne by the party making the same; provided, however, that
should the other parties decide to increase the height of their
building at the same time or at a future date, the said other
parties shall bear 50 per cent of the cost of said extension in
height, for that portion of the said higher wall actually used by
them. Said payment is to be made upon completion of said other
parties' addition to their building. Each of the parties hereby
consents to and gives to the other parties and their heirs and
assigns the right and privilege of increasing the height of the
wall by adding to the present contemplated height and this
privilege shall be in the form of an easement over that portion
of the property owned by the other parties on which the party
wall is now being constructed. The party wall to be constructed
hereon shall be built and constructed according to the city code
and specifications.

(4) The length of this party wall shall be 135 feet more or
less since this is the depth of the Kent lot. However, the
building being constructed by the parties of the first part shall
extend beyond the depth of the lot owned by the parties of the
second part. The party wall rights acquired by the parties of
the second part herein shall end with their present property line
plus twelve (12) inches which is to include the depth of the
V. B. Splawn wall. This additional 12 inches is being placed in
this construction by reason of the fact that the parties of the
second part are entering into a party wall agreement with the said
V. B. Splawn.

(5) The parties of the first part shall in the construction of

the wall allow the parties of the second part the privilege of
installing all necessary conduits as the wall is being constructed.
The parties of the second part shall water proof the north wall
of the building now being constructed by the parties of the first
part to the full depth of the party wall unless the parties of
the second part build on their lot immediately.. The parties of
the second part shall pay to the parties of the first part the sum
of ($2000.00) TWO THOUSAND DOLLARS for the use and benefit of this
party wall since the same is being constructed by the parties of
the first part, and it has been agreed upon between the parties
hereto that $2,000.00 is a fair and reasonable price for the parties
of the second part to pay to the parties of the first part.

(6) All parties hereto, after the completion of the party wall,
shall have the full privilege of using the same in the usual
manner, and these rights shall pass to their heirs and assigns.
All agreements herein shall be covenants running with the land
and shall inure to the benefit of and be binding upon the heirs
and assigns of all parties hereto.

(7) If it becomes necessary at any time after such wall shall

have been used by both parties to repair or rebuild the same,
or any part thereof, the cost thereof shall be borne equally by
both parties in proportion to their use thereof. In the event
that either or any of the parties at any time extend the said wall
to such greater height as may be lawfully done, the parties
building such extension shall make good all damages done to the
property of the other parties who may be so damaged.

(8) Each of the parties shall be responsible for the run-off

water from their respective buildings.

In Witness Whereof the parties hereto have set their hands and
seals this the 18 day of May, 1953.

J. W. Coltrane (SEAL)
Eva H. Coltrane (SEAL)
James R. Graham (SEAL)
Sallie Graham (SEAL)
R. S. Kent (SEAL)
Ruth G. Kent (SEAL)

NORTH CAROLINA
GUILFORD COUNTY

I, Hannah E. Campbell, a notary public in and for

the above named state and county, do hereby certify that J. W.
Coltrane and wife, Eva H. Coltrane, and James R. Graham and wife,
Sallie Graham, this day personally appeared before me and
acknowledged the due execution of the foregoing Agreement for the
purposes therein expressed.

Witness my hand and notarial seal, this the 18 day of May,

1953.
Hannah E. Campbell
Notary Public
My commission expires: 2/10/55

NORTH CAROLINA
ALAMANCE COUNTY

I, Dolar Foust Holt, a notary public in and for

that above named state and county, do hereby certify that R. S.
Kent and wife, Ruth G. Kent, this day personally appeared before
me and acknowledged the due execution of the foregoing Agreement
for the purposes therein expressed.

Witness my hand and notarial seal, this the 2 day of June,

1953.
Dolar Foust Holt
Notary Public

My commission expires: 8/12/54

NORTH CAROLINA, ALAMANCE COUNTY

The foregoing certificate of Hannah E. Campbell, N. P. of Guilford & Dolar Foust Holt
A NP of Alamance County is adjudged to be correct.
Let this instrument with the certificate be registered.
This 5 day of June, 1953.
Marcelena Allison, Deputy C.S.C.

Filed for Registration at 3:10 o'clock P. M. June 5 1953

and registered in the office of the Register of Deeds for
Alamance County in Book No. 218 Deeds page 85-87
this the 8 day of June, 1953

[signature illegible] Reg. of Deeds.