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Home My WebLink AboutEASEMENT DEED_ PENDLETON KING PARK- 1600 TROUPE STREET 11111111111113 EASE 667 Pg 2232 Shepard Plunkett&Hamilton LLP I Filed and Recorded: 3/1412019 10:42:49 AM 429 Walker Street Upper Level Transfer Tax$0.00 Hattie Holmes Sullivan Augusta,Georgia 309b1Clerk of Superior Court Recording Fee:$0.00 Augusta Richmond County, State of Georgia County of Richmond AUGUSTA, GEORGIA EASEMENT DEED PARCEL IDENTIFICATION NUMBER: 057-2-089-00-0 ADDRESS: 1600 Troupe Street WHEREAS, the terms of the trust established under Item I of Codicil 4, as amended by Item 5 of Codicil 6 of the Last Will and Testament of Henry B. King (the "Trust") and provide that there will be three trustees; and WHEREAS, Queensborough National Bank and Trust Company is serving as one of the Co-Trustees of the Trust, being the successor trustee to Georgia Bank and Trust Company; and WHEREAS, the Pendleton King Park Foundation and Troy A. Lanier were appointed as a Co-Trustees to serve with Queensborough National Bank and Trust Company by Order of the Probate Court of Richmond County, Georgia dated May 8, 2018; and WHEREAS, Queensborough National Bank and Trust Company, Pendleton King Park Foundation and Troy A. Lanier are the duly qualified and serving Co-Trustees of the Trust. NOW THEREFORE, THIS INDENTURE made and entered into this day of January, 2019, between Queensborough National Bank and Trust Company, Pendleton King Park Foundation and Troy A. Lanier as Co-Trustees of the trust established under Item I of Codicil 4, as amended by Item 5 of Codicil 6 of the Last Will and Testament of Henry B. King as Parties of the First Part, hereinafter referred to as OWNER, and Augusta, Georgia, a political subdivision of the State of Georgia, as Party of the Second Part, hereinafter referred to as AUGUSTA; • WITNESSETH, that OWNER, for and in consideration of the sum of ONE DOLLAR ($1.00) in hand and truly paid by AUGUSTA at and before the sealing and delivery of these presents, and other valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed, and by these presents does grant, bargain, sell, convey and confirm unto AUGUSTA, its successors and assigns, an exclusive utility, access and maintenance easement in perpetuity under, across and through the hereinafter described parcel of land. Said easement consists of 19,586 Square Feet (0.45 Acre), more or less, of permanent utility, maintenance and access easement, as shown on a plat prepared by Cranston Engineering Group, P.C. dated August 15, 2016, and attached hereto and made a part hereof, and to which reference is made for a more accurate and complete description of the metes, bounds and • RECORDBOOK :t_ 667 P3 2233 courses, and being for the purpose of accessing, laying, adding, expanding, relaying, installing, extending, operating, repairing and maintaining pipelines transporting and carrying AUGUSTA's utility services. OWNER does also grant unto AUGUSTA a temporary easement consisting of 10,604 Square Feet (0.24 Acre), more or less, of Temporary Construction Easement, as shown on said plat. Said temporary construction easement is granted together with the right to dig such trenches in said parcel of land as may be necessary for this pipeline, to pile thereon the material excavated, and to haul pipe, supplies and equipment connected with the construction and maintenance thereof, over, along and across the said parcel of land. Said temporary construction easement shall expire at the completion and final acceptance of this pipeline by AUGUSTA. OWNER does also grant, bargain, sell and convey unto Augusta, its successors and assigns, the right, but not the duty, to clear and to keep clear, all trees, undergrowth and other obstructions from said permanent easement, along with the free right of ingress and egress to and from said permanent easement for this purpose and all other purposes stated herein. OWNER further grants unto AUGUSTA the right to stretch communication lines, or other lines, within the easements, for the use of AUGUSTA, its successors, assigns, legal representatives, agents, and designees, upon or under said land, within said easements, with the necessary cables, wires, apparatus, fixtures and appliances; and with the right to assign said easements in whole or in part. OWNER, its successors and assigns, after the completion of this Project, shall have the right to use said parcel of land in any manner not inconsistent or interfering with the rights herein granted, excluding, however, 1. the right to plant thereon any trees or other vegetation that may interfere with the accessing, expanding, adding, laying, relaying, installing, extending, operating, repairing and maintaining of pipelines transporting and carrying utility services; and 2. the right to erect, construct or maintain thereon any buildings, structures, or other permanent improvements, within the boundaries of said permanent easement. TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges and appurtenances unto AUGUSTA, its successors and assigns, in perpetuity. And OWNER, its successors and assigns shall and will forever warrant and defend unto AUGUSTA, its successors and assigns, the rights, ways, easements privileges and appurtenances conveyed herein, against the claim of any person or persons whomsoever. • RECORD BOOK 1. 667 P: 2234 IN WITNESS WHEREOF, OWNER has set its hand and seal, the day and year first above written. Queensborough National Bank and Trust Company, as Co-Trustee of the Trust established under Item I of Codicil 4, as amended by Item 5 of Codicil 6, of the Last Will and Testament of Henry B. King By: Its: V;cG 2-c 5.71€41- Attest: Its: 't ACd1 "'CN 1 (Yk Signed, Sealed and Delivered in the presence of: A WirCitrUAIVI Witness 41/0 x\\\011110///„, Notary Public \\\�\�� R I E Sy/,,��i State of Georgia NOTAA My commission expires: = :� �• ' (Notary Seal) s ` Ass i c I/I,, COUNTY.G\\`\� RECORD BOOK. 1 66 7 P 223% Pendleton King Park Foundation as Co- Trustee of the Trust established under Item I of Codicil 4, as amended by Item 5 of Codicil 6, of the Last Will and Testament of Henry B. K. By: Its: 7 P 92 -s= ' *st: ra �at.t : sPrA) Signed, Sealed and Delivered in the presence of: Witne: ►�o ary P'1111.11°F) tate of Georgia My commission expires:7)/16( '04 S 0/5 r (Nota y S l �� 4i DU ,v �� OT � !/ 0Y4, � r %nsA0 0:m (/ G ; 04 j °•:Liar. 08, e ' . RECORD BOOK 1 667 P':a 2236 Troy A. Lanier, as Co-Trustee of the Trust established under Item I of Codicil 4, as amended by Item 5 of Codicil 6, of the Last Will and Testament of Henry B. King Signed, Sealed and Delivered in the presence of: Witness .\\`\\\\R I E /1//Cit4tAij3 . / ern i ° Notary Public ;g ‘.107-4/0 o State of Georgia . °�e w y.•`Q Lnp�9 202 'p2�•�� My commission expires: %-, es coU. � � ��\�� (Notary Seal) RECnRID 1.31.3nK. -1. 667 P9 2237 . _ H rt t t i -...., H oil tin sel F.,- Sul 3, i ya n , . . .,.... .. .... ... . . .......,. ,.........00 li=2913\2015-41.-ALTIMIATI 001•17M1 rurnm-ataneswomarT_ArAstarm 0/1.41711 I 10 Pc tlerk nr superior Courl , \ / • 1 " 4 \ - -- aitvl"' N. 1 . 3 q ohi 4 ke ct 5 4 t'M 0 4 n . 1 u •_..----------. 1...: 1----:," •,,t. i . / ''' ' .40%;,0 .II \ ,..• --',, ... - ,- ‘... .. e. %, • ...s N 13= % ,...\ i hi b-•• in 0 \ .P. -q \\.............\......„.„..). " \ 4 9.1 m ‘ 2▪g v r, c-, . -2- 0 •• _.:. , 0 • , \ 2 4.. RI . . /N N a . 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