Perry-Harriss-Covington Agreement, 1953

Filed for registration on [stamped: JUL 23 1953] at 2:10 o'clock P.M. and duly recorded in the Office of Register of Deeds of Guilford County, N. C. in Book No. 1502 Page 220 Etc. J. H. McADOO Register of Deeds

By J. R. Carpenter Asst. Register of Deeds

SEBORN PERRY AND WIFE and J. WELCH HARRISS etal

Mail to J. W. Harriss Box 1909 High Point NC

PARTY WALL and RIGHT OF WAY AGREEMENT

CLERK'S FEE .25 PAID RECORD FEE 2.00 PAID

J. V. MORGAN ATTORNEY AT LAW 304 SECURITY BANK BUILDING HIGH POINT, NORTH CAROLINA

NORTH CAROLINA GUILFORD COUNTY

This PARTY WALL AND RIGHT OF WAY AGREEMENT Entered into this 5th day of June, 1953, between SEBORN PERRY and his wife, VIRGINIA U. PERRY, parties of the first part, and J. WELCH HARRISS, single, and ELIZABETH H. COVINGTON, single, parties of the second part,

WITNESSETH:-

Whereas, the parties of the first part and the parties of the second part own adjoining parcels of land situated on the south side of East Washington Street in the city of High Point, North Carolina, between North Wrenn Street and North Hamilton Street, said parcels of land being more accurately described in a survey of the same prepared by Robert P. Guarino on April 25, 1953, Job No. 2646; and,

Whereas, there is constructed on the east boundary line of the parties of the first part a brick wall, which brick wall has been built inadvertently so that it encroaches upon the lands of the parties of the second part at its northeast corner a distance of 0.20 feet; and,

Whereas, said wall continues to encroach upon the lands of the parties of the second part as it extends in a southern direction but which encroachment gradually decreases to the extent that at its southeast corner it is off the property of the parties of the second part and is west of their property line a distance of 0.33 feet; and,

Whereas, the parties have agreed that the parties of the first part may continue to encroach upon the parties of the second part as aforesaid and the parties of the first part have agreed that the parties of the second part might use the said wall as a party wall and construct a building alongside it; and,

Whereas, the parties of the first part are the owners of a ten-foot strip of land behind their said building, which strip

extends from the property of the parties of the second part to a public alley which runs to North Wrenn Street;

NOW, THEREFORE, It is mutually agreed between the parties hereto as follows:

I. That the parties of the second part shall have the right to construct a building adjoining the said wall of the parties of the first part and to use the said wall as a party wall; that the parties of the second part shall have such right for the construction of a building using only part of said wall at the present time but are hereby given the right to construct a building at any time in the future and to use the entire length of said wall as a party wall.

II. That in the event either party does construction which will require additional load bearing support on said wall, the party doing such construction shall be responsible for providing the same. Each of the parties shall be responsible for the run off water from their respective buildings.

III. Said wall shall be and remain the dividing line between the property of the parties hereto after the parties of the second part have completed the construction of their building.

IV. Said wall shall remain a party wall appurtenant to the property of the said parties of the first part and the said property of the parties of the second part respectively.

V. Either party may add to said wall in height, thickness or length, and in case of damage may repair, or in case of destruction, rebuild said wall and any addition thereto, carrying up flues so as to leave the other party as near as may be in as good condition as before, and using good materials and workmanship, and

conforming to the building laws and doing work from their own side if the other side is built upon; and in case it is necessary to repair any part of the wall used by both of the parties hereto, or their successors in title, the cost of such repair shall be borne equally by the then owners of said parcels of land, and one-half the value of any such rebuilt wall or any addition made as aforesaid to any wall, when used, shall be paid for share and share alike by the parties hereto. The parties of the second part hereby agree to cap the said party wall in a proper manner.

VI. The parties of the first part hereby grant unto the parties of the second part a perpetual easement and right of way for the purpose of ingress, egress and regress over that ten-foot strip of land they own and which lies to the rear of their building hereinabove referred to; said strip lies between the property of the parties of the second part and a public alley which extends to North Wrenn Street. It is the intent of the parties of the first part in making this grant to give to the parties of the second part and their heirs and assigns a right to use said strip as an extension of said public alley for the purpose of proceeding to and from North Wrenn Street to the property of the parties of the second part.

VII. Said parties mutually covenant for themselves and their respective successors, heirs or assigns, each to and with the other, their successors, heirs, representative and assigns, to observe the above agreement and that the covenants herein contained shall run with the land.

VIII. In case of disagreement or dispute arising under this agreement, the parties hereto for themselves and their successors in title and ownership agree to refer the same to two disinterested parties to be appointed one by each party hereto, or their

successors in title and ownership, said referees, in case of disagreement choosing a third person as arbiter and the decision of any two to be binding and final.

In Testimony Whereof, the parties of the first and second parts have hereunto set their hands and seals the day and year first above written; this contract being executed in duplicate originals, one of which is retained by each of the parties.

Seborn Perry (SEAL) Virginia U. Perry (SEAL) J. Welch Harriss (SEAL) Elizabeth H. Covington (SEAL)