HomeMy WebLinkAboutDEED OF EASEMENT, FROM NORWOOD VA MEDICAL CENTER 2019033526 EASE 1684 Pg 187
VIII VIII IIIIIII IIIIIIUIfflIII I II I VIII III Filed and Recorder
7/9/2019 2:41:46 PI
Transfer Tax$0.00 Hattie Holmes Sullivan
Clerk of Superior Court
DEED OF EASEMENT Recording Fee:$0.00 Augusta Richmond Count
AFTER RECORDING,PLEASE RETURN TO:
Augusta Law Department
b 535 Telfair Street,Building 3000 Augusta, Georgia
Augusta,GA 30901-KEC
The U.S. Department of Veterans Affairs (hereinafter referred to as "VA"), acting for and
in behalf of the United States of America (hereinafter referred to as the "Government"),
under and by virtue of the authority contained in 40 United States Code 1314 (116 Stat.
1139), having determined that it will not be adverse to the interests of the United States,
does hereby grant and convey, for and in consideration of One Dollar ($1.00), and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, without covenant or warranty of any kind and subject to the conditions
hereinafter stated, unto Augusta, Georgia (hereinafter referred to as the "Grantee"), its
successors and assigns, a perpetual and a temporary easement and right of way for the
purpose of installing a 24" water main pipeline, as described below, (hereinafter referred
to as "Said Facilities") to be on, over, under, across or through a portion of the Charlie
Norwood VA Medical Center, 1 Freedom Way, Augusta, GA 30904 which the
undersigned owns in Augusta, Georgia, all as depicted and described on Exhibits A and
B attached hereto and made a part hereof (collectively with Said Facilities, the
"Easement"):
Said Easement consists of 59,081 Square Feet (1.36 Acres), more or less, of permanent
utility, maintenance and access easement, as shown on a two page plat prepared by
Cranston Engineering Group, P.C., dated May 18, 2016, revised May 18, 2017, and
attached hereto as Exhibit A, and made a part hereof, and to which reference is made for
a more accurate and complete description of the metes, bounds and courses, and being
for the purpose of accessing, laying, adding, expanding, relaying, installing, extending,
operating, repairing and maintaining a 24"water main pipeline. Said permanent easement
shall start on the date of execution of this Deed of Easement.
VA does also grant unto Grantee a temporary easement consisting of 61,802 Square
Feet (1.42 Acres), more or less, of Temporary Construction Easement, as depicted and
described in Exhibits A and B. Said Temporary Construction Easement is granted
together with the right to dig such trenches in or alongside the easement 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 Charlie Norwood VA Medical Center. Said Temporary
Construction Easement shall start on the date of execution of this Deed of Easement and
expire at the completion and final acceptance of this pipeline by Grantee or five years
after the execution of this Deed of Easement, whichever occurs first.
VA further grants unto Grantee the right to stretch communication lines, or other lines,
along with the necessary underground cables, wires, apparatus, fixtures and appliances,
within the permanent easement described herein, for the purpose of communication
between Grantee and its departments, boards, authorities, and equipment. Said line(s)
will be contained within conduit pipe(s). Said conduit(s) will be laid with and at the same
time as the aforementioned 24" water pipeline.
U _ .F 5.. �.`.4 r.v ....,. _
VA does also grant, bargain, sell and convey unto Grantee, 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 right of ingress and egress
to and from said Permanent Easement for this purpose and all other purposes stated
herein. However, ingress and egress is to be coordinated with VA staff, which shall not
unreasonably withhold such ingress and egress, and all rules adopted by the VA will be
followed, including badging of Grantee employees performing maintenance on the water
main.
The Easement is granted subject to the following conditions and provisions:
1. The term of this Deed of Easement shall be in perpetuity and shall run with the land
and shall be binding upon the Parties and inure to the benefit of the Grantee and their
agents, representatives, contractors, members, partners, invitees and all their successors
and assigns, until terminated in accordance with the terms hereof.
2. The Government reserves unto itself rights for all purposes across, over, or under the
Easement; such rights, however, to be exercised in a manner that will not create undue
interference with the use and enjoyment by the Grantee of said Easement; provided, that
any construction by the Government in connection with the rights so reserved shall be at
the expense of the Government.
3. The Grantee agrees to use its best efforts to ensure and take all actions as necessary
to ensure that its use of the Easement will not adversely affect the Government's quiet
use and enjoyment of the Easement area and the surrounding property of the
Government. Grantee further agrees that Said Facilities shall be maintained,
reconstructed, repaired, and replaced by the Grantee within the Easement without cost
to the Government, under the general supervision and subject to the approval of the
Government official having immediate jurisdiction over the property. The Grantee shall
replace, repair, restore, or relocate any property of the Government affected or damaged
directly or indirectly by the construction, reconstruction, installation, operation,
maintenance, and replacement of Said Facilities all to the satisfaction of the Government
official having immediate jurisdiction over the property.
4. No mining operations shall be conducted on the Easement or the surrounding property
of the Government. No minerals shall be removed therefrom, except such as are
reasonably necessary incident to the utilization of the described premises for the purpose
for which the Easement is granted.
5. The Grantee will indemnify and save the Government harmless from any liability or
responsibility of any nature whatsoever arising directly or indirectly from the privileges
herein granted.
6. All right, title, interest, and estate hereby granted shall cease and terminate effective
as of the date of written notice from the Government to the Grantee, its successors or
assigns, that there has been, (a) a failure to comply with the terms and conditions of this
Page 2 of 6
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Deed of Easement, (b) a nonuse of the Easement for a consecutive two- year period for
the purpose for which the Easement was granted, or (c) an abandonment of the
Easement.
7. Upon termination or forfeiture of the Easement, the Grantee shall within a reasonable
time thereafter, if so requested by the Government, remove from the land, hereinafter
described, all structures, installations, and appurtenances thereto belonging to Grantee
and restore the premises to the satisfaction of the Government.
8. No advertisements, commercial, political or otherwise, will be placed or allowed on the
property.
9. The Grantee shall comply with applicable Federal, State, and local laws codes,
ordinances, and regulations. The Grantee shall comply with State standards for public
health and safety, environmental protection, and siting, construction, operation, and
maintenance of or for Said Facilities and rights-of-ways for similar purposes, if those
standards are more stringent than applicable Federal standards.
10. The Grantee does, by the acceptance of this instrument, covenant and agree for
itself, its assigns, and its successors in interest in property herein conveyed, or any part
thereof:
(a) That it is now complying and will continue to comply with Title VI of the Civil
Rights Act of 1964 and all the requirements imposed by or pursuant to the
regulations of the Department of Veterans Affairs issued pursuant to that Title, and
that the Easement and its appurtenant areas and facilities, whether or not on the
property involved, will be operated in full compliance with Title VI of the Civil Rights
Act of 1964 and all requirements imposed by or pursuant to the regulations issued
thereunder by the Department of Veterans Affairs and in effect on the date of this
instrument, all to the end that no person in the United States shall on the ground of
race, color, religion or national origin be excluded from participation in, be denied
the benefits of, or be subject to discrimination under any program or activities
provided thereon; and,
(b) That the United States shall have the right to judicial enforcement of these
covenants not only as to the Grantee, its successors and assigns, but also to lessees
and sub-lessees and licensees doing business or extending services under
contractual or other arrangements on the interest in property herein conveyed.
11. This Easement shall not be modified or amended, except by an instrument in writing,
duly executed by the Parties or their respective successors and assigns, which instrument
shall be in recordable form and recorded among the land records of Richmond County,
Georgia.
12. This Easement shall be governed by Federal law. If Federal law is silent, then the
law of the State of Georgia applies. The Parties hereto accept and agree to the
jurisdiction and venue of the Federal courts.
Page 3 of 6
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13. If any provision of this Easement or the application thereof to any Party or
circumstances shall, to any extent, be invalid or unenforceable, the remainder of this
Easement, or the application of such provision to Parties or circumstances other than
those to which it is invalid or unenforceable, shall not be affected thereby and each
provision of this Easement shall be valid and enforced to the fullest extent permitted by
law.
14. Any notice and other communication permitted or required to be given under this
Easement shall be in writing and will only be deemed to be properly given and received
(a) when actually given and received, if delivered in person to a party who acknowledges
receipt in writing; or (b) one (1) business day after deposit with a private courier or
overnight delivery service, if such courier or service obtains a written acknowledgment of
receipt; or (c) three (3) business days after deposit in the United States mails, certified or
registered mail with return receipt requested and postage prepaid:
If to Grantee:
Augusta Georgia
Attn: Utilities Department
Sandy Tyler, Land Acquisition Manager
535 Telfair Street, Suite 910
Augusta, Georgia 30901
(706) 312-4154
If to Grantor:
U.S. Department of Veterans Affairs
Office of Construction & Facilities Management
Attn: Director, Office of Real Property
425 I Street, NW
Washington, DC 20001
With copy to:
U.S. Department of Veterans Affairs
Office of General Counsel
Attn: Chief Counsel, Real Property Law Group
810 Vermont Ave., NW
Washington, DC 20420
Any of the above Parties may effect a change of address by providing ten (10) days
prior written notice to the other Parties listed above.
15. Grantee shall be responsible for recording this Easement among the land records of
Richmond County, Georgia and for paying all fees, transfer or recordation taxes, or other
costs in connection with such recordation.
Page 4 of 6
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...._O.._ Ha' 71635 , _ 91
IN WITNESS WHEREOF the Department of Veterans Affairs has caused this Deed of
Easement to be�xecuted in its name and on its behalf, this
q 1i Day of 3L,,#) , 2019.
UNITED STATES OF AMERICA,
Acting by and through the Secretary,
Department of Veterans Affairs
ByC4 L
Elizabet B. Heller
Director, Land Management Division
Office of Real Property
CITY OF WASHINGTON
DISTRICT OF COLUMBIA
ON THIS ih-fn day of N) , 2019, before me a Notary Public in and for
said District of Columbia, personally appeared to me Elizabeth B. Heller, well known
and known by me to be the Director, Land Management Division, Office of Real
Property, whose name is subscribed to the within instrument and acknowledged that he
executed the same as a voluntary act and deed of the United States of America, within
the scope of his lawful authority.
[SEAL]
�f .�.� « �'�•,�� Nota Public
• '• District of Columbia
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Page 5 of 6
RECORD BOOK - x-.3
i '6 92
AUGUSTA, GEORGIA
)61.1tzt 6). -r)61)?atv.:14-, By: ki e___..----')
Notary relic ardie Davis, Jr.
it. j As its Mayor /State of Georgia, County of !
Attest: 1lawa,/
I rk of CI ission
My Commission Expires j- 'f-a3 r,.,.. ..
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Page 6 of 6
co BOOK I 634 F I 9-S
EXHIBIT A
Augusta, Georgia Waterline
Legal Description (6 pages)
Easement Plat (2 pages)
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RECORD BOOK .1634 F _194
LEGAL DESCRIPTION
Permanent Easement Area
All that tract or parcel of land situate,lying and being in the 123`d G.M.D.of Richmond County,Georgia and
being more particularly described as follows:
Commencing at a nail set at the centerline intersection of Maryland Avenue and Clifton Street,thence North
59 degrees 33 minutes 28 seconds East for a distance of 39.28 feet to a point on the southeastern right of way of
Maryland Avenue,said point being the POINT OF BEGINNING;
Thence leaving said right of way the following courses:South 55 degrees 47 minutes 44 seconds East for a
distance of 1164.10 feet to a point; thence South 67 degrees 15 minutes 10 seconds East for a distance of 621.77
feet to a point;thence along a curve to the left having a radius of 500.00 feet and an arc length of 70.73 feet being
subtended by a chord of South 74 degrees 04 minutes 45 seconds East for a distance of 70.68 feet to a point;thence
South 72 degrees 39 minutes 27 seconds East for a distance of 8.63 feet to a point;thence along a curve to the right
having a radius of 520.00 feet and an arc length of 71.41 feet being subtended by a chord of South 71 degrees 28
minutes 59 seconds East for a distance of 71.36 feet to a point;thence South 65 degrees 50 minutes 01 seconds East
for a distance of 387.39 feet to a point;thence North 69 degrees 10 minutes 12 seconds East for a distance of 34.57
feet to a point,thence along a curve to the left having a radius of 599.42 feet and an arc length of 119.85 feet being
subtended by a chord of North 22 degrees 30 minutes 33 seconds East for a distance of 119.65 feet to a point;thence
North 11 degrees 41 minutes 44 seconds East for a distance of 7.97 feet to a point,thence along a curve to the right
having a radius of 701.15 feet and an arc length of 393.01 feet being subtended by a chord of North 24 degrees 21
minutes 27 seconds East for a distance of 387.88 feet to a point;thence North 43 degrees 15 minutes 28 seconds
East for a distance of 4.57 feet to a point, thence North 88 degrees 15 minutes 28 seconds East for a distance of
62.01 feet to a point on the western right of way of Whitney Street;thence along said right of way South 05 degrees
58 minutes 42 seconds East for a distance of 20.05 feet to a point;thence leaving the right of way of Whitney Street
the following courses:South 88 degrees 15 minutes 28 seconds West for a distance of 54.91 feet to a point,thence
along a curve to the left having a radius of 681.15 feet and an arc length of 377.89 feet being subtended by a chord
of South 24 degrees 08 minutes 37 seconds West for a distance of 373.06 feet to a point; thence South 11 degrees
41 minutes 44 seconds West for a distance of 9.45 feet to a point;thence along a curve to the left having a radius of
619.42 feet and an arc length of 127.45 feet being subtended by a chord of South 22 degrees 35 minutes 35 seconds
West for a distance of 127.23 feet to a point;thence South 24 degrees 10 minutes 12 seconds West for a distance
of 4.41 feet to a point;thence South 69 degrees 10 minutes 12 seconds West for a distance of 50.78 feet to a point;
thence North 65 degrees 50 minutes 01 seconds West for a distance of 395.38 feet to a point;thence along a curve
to the left having a radius of 500.00 feet and an arc length of 68.85 feet being subtended by a chord of North 71
degrees 31 minutes 38 seconds West for a distance of 68.79 feet to a point;thence North 72 degrees 39 minutes 27
seconds West for a distance of 8.17 feet to a point;thence along a curve to the right having a radius of 520.00 feet
and an arc length of 73.09 feet being subtended by a chord of North 73 degrees 59 minutes 57 seconds West for a
distance of 73.03 feet to a point;thence North 67 degrees 15 minutes 10 seconds West for a distance of 624.26 feet
to a point;thence North 55 degrees 47 minutes 44 seconds West for a distance of 1167.47 feet to a point on the
southeastern right of way of Maryland Avenue; thence along said right of way North 38 degrees 06 minutes 10
seconds East for a distance of 20.05 feet to a point;said point being the POINT OF BEGINNING;
And is more fully shown as "PERMANENT UTILITY EASEMENT AREA 59,081 SF 1.36 ACRES" on a plat
prepared for AUGUSTA,GEORGIA by Cranston Engineering Group,P.C.dated May 18,2016 and last revised May 18,
2017, reference to which is hereby made for a more complete description as to the metes, bounds and location of
said property.
RECORD BOOK 1 6, - 1 9 5
LEGAL DESCRIPTION
Temporary Easement Area Ni
All that tract or parcel of land situate,lying and being in the 123`d G.M.D.of Richmond County,Georgia and
being more particularly described as follows:
Commencing at a nail set at the centerline intersection of Maryland Avenue and Clifton Street,thence North
59 degrees 33 minutes 28 seconds East for a distance of 39.28 feet to a point on the southeastern right of way of
Maryland Avenue,said point being the POINT OF BEGINNING;
Thence along the right of way of Maryland Avenue North 38 degrees 06 minutes 10 seconds East for a
distance of 30.07 feet to a point,thence leaving said right of way the following courses:South 55 degrees 47 minutes
44 seconds East for a distance of 150.35 feet to a point;thence South 38 degrees 06 minutes 10 seconds West for a
distance of 15.03 feet to a point;thence South 55 degrees 47 minutes 44 seconds East for a distance of 1011.23 feet
to a point;thence South 67 degrees 15 minutes 10 seconds East for a distance of 20.66 feet to a point;thence South
22 degrees 44 minutes 50 seconds West for a distance of 5.00 feet to a point;thence South 67 degrees 15 minutes
10 seconds East for a distance of 549,88 feet to a point;thence South 22 degrees 15 minutes 10 seconds East for a
distance of 14.14 feet to a point;thence North 67 degrees 15 minutes 10 seconds West for a distance of 582.04 feet
to a point;thence North 55 degrees 47 minutes 44 seconds West for a distance of 1164.10 feet to a point,said point
being the POINT OF BEGINNING;
And is more fully shown as"TEMPORARY CONSTRUCTION EASEMENT AREA 25569 SF 0.59 ACRE"on a plat
prepared for AUGUSTA,GEORGIA by Cranston Engineering Group, P.C.dated May 18,2016 and last revised May 18,
2017, reference to which is hereby made for a more complete description as to the metes,bounds and location of
said property.
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RECORD
ii
LEGAL. DESCRIPTION
Temporary Easement Area N2
All that tract or parcel of land situate,lying and being in the 123rd G.M.D.of Richmond County,Georgia and
being more particularly described as follows:
Commencing at a nail set at the centerline intersection of Maryland Avenue and Clifton Street,thence North •
59 degrees 33 minutes 28 seconds East for a distance of 39.28 feet to a point on the southeastern right of way of
Maryland Avenue,thence leaving said right of way the following courses:South 55 degrees 47 minutes 44 seconds
East for a distance of 1164.10 feet to a point;thence South 67 degrees 15 minutes 10 seconds East for a distance of
621.77 feet to a point,thence along a curve to the left with a radius of 500.00 feet and an arc length of 20.73 feet,
being subtended by a chord of South 71 degrees 12 minutes 52 seconds East for a distance of 20.73 feet to a point,
said point being the POINT OF BEGINNING;
Thence North 62 degrees 12 minutes 51 seconds East for a distance of 14.19 feet to a point;thence along
a curve to the left with a radius of 490.00 feet and an arc length of 39.51 feet, being subtended by a chord of South
75 degrees 52 minutes 40 seconds East for a distance of 39.50 feet to a point thence South 72 degrees 39 minutes
27 seconds East for a distance of 8.87 feet to a point;thence along a curve to the right with a radius of 530.00 feet
and an arc length of 72.70 feet,being subtended by a chord of South 71 degrees 27 minutes 43 seconds East for a
distance of 72.64 feet to a point;thence South 65 degrees 50 minutes 01 seconds East for a distance of 107.60 feet
to a point;thence South 88 degrees 35 minutes 53 seconds East for a distance of 25.84 feet to a point;thence South
65 degrees 50 minutes 01 seconds East for a distance of 247.83 feet to a point;thence North 69 degrees 10 minutes
12 seconds East for a distance of 18.75 feet to a point; thence along a curve to the left with a radius of 563.01 feet
and an arc length of 102.31 feet,being subtended by a chord of North 22 degrees 22 minutes 42 seconds East for a
distance of 102.17 feet to a point;thence North 89 degrees 51 minutes 19 seconds East for a distance of 21.07 feet
to a point; thence along a curve to the right with a radius of 599.42 feet and an arc length of 119.85 feet, being
subtended by a chord of South 22 degrees 30 minutes 33 seconds West for a distance of 119.65 feet to a point;
thence South 69 degrees 10 minutes 12 seconds West for a distance of 34.57 feet to a point;thence North 65 degrees
50 minutes 01 seconds West for a distance of 387.39 feet to a point;thence along a curve to the left with a radius
of 520.00 feet and an arc length of 71.41 feet, being subtended by a chord of North 71 degrees 28 minutes 59
seconds West for a distance of 71.36 feet to a point; thence North 72 degrees 39 minutes 27 seconds West for a
distance of 8.63 feet to a point;thence along a curve to the right with a radius of 500.00 feet and an arc length of
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50.00 feet,being subtended by a chord of North 75 degrees 16 minutes 02 seconds West for a distance of 49.98 feet
to a point,said point being the POINT OF BEGINNING;
And is more fully shown as"TEMPORARY CONSTRUCTION EASEMENT AREA 10463 SF 0.24 ACRE" on a plat
prepared for AUGUSTA,GEORGIA by Cranston Engineering Group,P.C.dated May 18,2016 and last revised May 18,
2017, reference to which is hereby made for a more complete description as to the metes,bounds and location of
said property.
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REC^te ': E3.5-YK 1
jl
LEGAL DESCRIPTION
Temporary Easement Area N3
All that tract or parcel of land situate,lying and being in the 123rd G.M.D.of Richmond County,Georgia and
being more particularly described as follows:
Commencing at a nail set at the centerline intersection of Maryland Avenue and Clifton Street,thence North.
59 degrees 33 minutes 28 seconds East for a distance of 39.28 feet to a point on the southeastern right of way of
Maryland Avenue,thence leaving said right of way the following courses:South 55 degrees 47 minutes 44 seconds
East for a distance of 1164.10 feet to a point;thence South 67 degrees 15 minutes 10 seconds East for a distance of
621.77 feet to a point,thence along a curve to the left with a radius of 500.00 feet and an arc length of 20.73 feet,
being subtended by a chord of South 71 degrees 12 minutes 52 seconds East for a distance of 20.73 feet to a point;
thence along a curve to the left with a radius of 500.00 feet and an arc length of 50.00 feet, being subtended by a
chord of South 75 degrees 16 minutes 02 seconds East for a distance of 49.98 feet to a point, thence South 72
degrees 39 minutes 27 seconds East for a distance of 8.63 feet to a point;thence along a curve to the right with a
radius of 520.00 feet and an arc length of 71.41 feet, being subtended by a chord of South 71 degrees 28 minutes
59 seconds East for a distance of 71.36 feet to a point; thence South 65 degrees 50 minutes 01 seconds East for a
distance of 387.39 feet to a point;thence North 69 degrees 10 minutes 12 seconds East for a distance of 34.57 feet
to a point; thence along a curve to the left with a radius of 599.42 feet and an arc length of 119.85 feet, being
subtended by a chord of North 22 degrees 30 minutes 33 seconds East for a distance of 119.65 feet to a point,said
point being the POINT OF BEGINNING;
Thence North 00 degrees 45 minutes 42 seconds East for a distance of 58.95 feet to a point;thence along
a curve to the right with a radius of 711.15 feet and an arc length of 356.93 feet, being subtended by a chord of
North 26 degrees 44 minutes 58 seconds East for a distance of 353.20 feet to a point;thence North 88 degrees 15
minutes 28 seconds East for a distance of 65,94 feet to a point on the western right of way of Whitney Street;thence
along said right of way South 05 degrees 58 minutes 42 seconds East for a distance of 10.03 feet to a point;thence •
leaving said right of way the following courses:South 88 degrees 15 minutes 28 seconds West for a distance of 62.01 •
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feet to a point;thence South 43 degrees 15 minutes 28 seconds West for a distance of 4.57 feet to a point;thence
along a curve to the left with a radius of 701.15 feet and an arc length of 393.01 feet,being subtended by a chord of
South 24 degrees 21 minutes 27 seconds West for a distance of 387.88 feet to a point,thence South 11 degrees 41
minutes 44 seconds West for a distance of 7.97 feet to a point,said point being the POINT OF BEGINNING;
And is more fully shown as "TEMPORARY CONSTRUCTION EASEMENT AREA 4427 SF 0.10 ACRE" on a plat
prepared for AUGUSTA,GEORGIA by Cranston Engineering Group, P.C.dated May 18,2016 and last revised May 18,
2017, reference to which is hereby made for a more complete description as to the metes, bounds and location of
said property.
RECORC OCK 1
6 84 r.: 1 9.F'
I:
LEGAL DESCRIPTION
Temporary Easement Area Si
All that tract or parcel of land situate,lying and being in the 123rd G.M.D.of Richmond County,Georgia and
being more particularly described as follows:
Commencing at a nail set at the centerline intersection of Maryland Avenue and Clifton Street,thence North
59 degrees 33 minutes 28 seconds East for a distance of 39.28 feet to a point on the southeastern right of way of
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Maryland Avenue,thence along the right of way of Maryland Avenue South 38 degrees 06 minutes 10 seconds West
for a distance of 20.05 feet to a point,said point being the POINT OF BEGINNING;
Thence leaving said right of way the following courses:South 55 degrees 47 minutes 44 seconds East for a
distance of 1167.47 feet to a point; thence South 67 degrees 15 minutes 10 seconds East for a distance of 624.26
feet to a point; thence along a curve to the left with a radius of 520.00 feet and an arc length of 73.09 feet, being
subtended by a chord of South 73 degrees 59 minutes 57 seconds East for a distance of 73.03 feet to a point;thence
South 72 degrees 39 minutes 27 seconds East for a distance of 8.17 feet to a point;thence along a curve to the right
with a radius of 504.41 feet and an arc length of 68.99 feet, being subtended by a chord of South 71 degrees 32
minutes 11 seconds East for a distance of 68.93 feet to a point; thence South 27 degrees 20 minutes 49 seconds
West for a distance of 10.06 feet to a point;thence along a curve to the left with a radius of 490.00 feet and an arc
length of 66.99 feet,being subtended by a chord of North 71 degrees 35 minutes 03 seconds West for a distance of
66.94 feet to a point;thence North 72 degrees 39 minutes 27 seconds West for a distance of 7.95 feet to a point;
thence along a curve to the right with a radius of 530.00 feet and an arc length of 40,76 feet,being subtended by a
chord of North 75 degrees 46 minutes 17 seconds West for a distance of 40.75 feet to a point; thence South 62
degrees 12 minutes 51 seconds West for a distance of 14.20 feet to a point;thence along a curve to the right with a
radius of 540.00 feet and an arc length of 24.19 feet, being subtended by a chord of North 71 degrees 12 minutes
17 seconds West for a distance of 24.18 feet to a point;thence North 67 degrees 15 minutes 10 seconds West for a
distance of 40.68 feet to a point,thence North 22 degrees 15 minutes 10 seconds West for a distance of 14.14 feet
to a point, thence North 67 degrees 15 minutes 10 seconds West for a distance of 549.88 feet to a point, thence
North 55 degrees 47 minutes 44 seconds West for a distance of 908.25 feet to a point,thence South 33 degrees 55
minutes 38 seconds West for a distance of 5.00 feet to a point, thence North 55 degrees 47 minutes 44 seconds
West for a distance of 285.60 feet to a point on the southeastern right of way of Maryland Avenue, thence along
said right of way North 38 degrees 06 minutes 10 seconds East for a distance of 10.02 feet to a point, said point
being the POINT OF BEGINNING;
And is more fully shown as"TEMPORARY CONSTRUCTION EASEMENT AREA 15671 SF 0.36 ACRE"on a plat
prepared for AUGUSTA,GEORGIA by Cranston Engineering Group,P.C.dated May 18,2016 and last revised May 18,
2017,reference to which is hereby made for a more complete description as to the metes, bounds and location of
said property.
ECOPEI BOOK. 1 63 4 i _ Er g
LEGAL DESCRIPTION
Temporary Easement Area S2
All that tract or parcel of land situate,lying and being in the 123rd G.M.D.of Richmond County,Georgia and ?'
being more particularly described as follows:
Commencing at a nail set at the centerline intersection of Maryland Avenue and Clifton Street,thence North
59 degrees 33 minutes 28 seconds East for a distance of 39.28 feet to a point on the southeastern right of way of
Maryland Avenue;thence along the right of way of Maryland Avenue South 38 degrees 06 minutes 10 seconds West
for a distance of 20.05 feet to a point,thence leaving said right of way the following courses:South 55 degrees 47
minutes 44 seconds East for a distance of 1167.47 feet to a point;thence South 67 degrees 15 minutes 10 seconds
East for a distance of 624.26 feet to a point;thence along a curve to the left with a radius of 520.00 feet and an arc
length of 73.09 feet,being subtended by a chord of South 73 degrees 59 minutes 57 seconds East for a distance of
73.03 feet to a point; thence South 72 degrees 39 minutes 27 seconds East for a distance of 8.17 feet to a point;
thence along a curve to the right with a radius of 504.41 feet and an arc length of 68.99 feet,being subtended by a
chord of South 71 degrees 32 minutes 11 seconds East for a distance of 68.93 feet to a point; thence South 65
degrees 49 minutes 48 seconds East for a distance of 395.24 feet to a point, said point being the POINT OF
BEGINNING;
Thence North 69 degrees 10 minutes 12 seconds East for a distance of 50.78 feet to a point;thence North
24 degrees 10 minutes 12 seconds East for a distance of 4.41 feet to a point;thence along a curve to the left with a
radius of 619.42 feet and an arc length of 127.45 feet,being subtended by a chord of North 22 degrees 35 minutes
35 seconds East for a distance of 127.23 feet to a point;thence North 11 degrees 41 minutes 44 seconds East for a
distance of 9.45 feet to a point; thence along a curve to the right with a radius of 681.15 feet and an arc length of
377.89 feet, being subtended by a chord of North 24 degrees 08 minutes 37 seconds East for a distance of 373.06
feet to a point;thence North 88 degrees 15 minutes 28 seconds East for a distance of 54,91 feet to a point on the
western right of way of Whitney Street; thence along said right of way; thence South 05 degrees 58 minutes 42
seconds East for a distance of 8.06 feet to a point; thence South 29 degrees 14 minutes 17 seconds West for a
distance of 2.29 feet to a point; thence South 88 degrees 15 minutes 28 seconds West for a distance of 49.83 feet
to a point; thence along a curve to the left with a radius of 671.15 feet and an arc length of 368.18 feet, being
subtended by a chord of South 23 degrees 56 minutes 26 seconds West for a distance of 363.58 feet to a point;
thence South 11 degrees 41 minutes 44 seconds West for a distance of 10.19 feet to a point;thence South 18 degrees
05 minutes 25 seconds West for a distance of 31.46 feet to a point;thence South 29 degrees 14 minutes 17 seconds
West for a distance of 138.50 feet to a point;thence North 65 degrees 49 minutes 46 seconds West for a distance
of 33.36 feet to a point,said point being the POINT OF BEGINNING;
And is more fully shown as"TEMPORARY CONSTRUCTION EASEMENT AREA 5672 SF 0.13 ACRE"on a plat
prepared for AUGUSTA,GEORGIA by Cranston Engineering Group,P.C.dated May 18,2016 and last revised May 18,
2017, reference to which is hereby made for a more complete description as to the metes, bounds and location of
said property.
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EcoRJ LOOK I 534 r 202
EXHIBIT B
Augusta, Georgia -Waterline
Additional Conditions
RECORD BOOK 164 PE! 20:3
Ha t 17. i Hol froTels.. S t_11 1 vct
Clerk of' SUPEr!Or Cz:Turt
Ausust RichtJond County?
EXHIBIT B
1, VAMC access, to all parking lots will be maintained during construction. If deemed
necessary by the VAMC, AUGUSTA will provide appropriate ingress and egress
controls, such as flagmen, during all construction.
2. AUGUSTA will construct a temporary fence (approximately 6' high), unless one is
already in existence and will remain in place, along the permanent and temporary
easements, within the boundaries of the VAMC property. Said fence will be at the sole
expense of AUGUSTA. Said fence shall be locked at all times, to prevent unwanted
access to the construction site.
3. AUGUSTA will use the laydown area, as shown on the aforementioned plat, during
construction. Before vacating said laydown area, AUGUSTA will have the nine (9)
utility/telephone poles, on said area, cut down and removed.
4. Clearing and grubbing —Permanent and temporary easements will be clear cut.
5. AUGUSTA, its employees and agents, who propose to enter the VMAC property, will be
required to secure badges from the VAMC, which will require a background check, prior
to beginning construction, on said property.
6. AUGUSTA, its employees and agents, who propose to enter the VMAC property, will be
required to submit to an Infection Control Risk Assessment and Life Safety Study. The
VMAC staff will assist in obtaining these permissions.
7. AUGUSTA agrees to repair any damage, to the VMAC roadway, gates, grounds, utility
systems, or other items, that is the result of the construction of the 24"water main.
AUGUSTA will be the owner of the 24"water main and agrees to maintain it in perpetuity.
EXCEPT IN CASE OF EMERGENCY, access to the permanent easement, for
maintenance, or any other activity, will be at the sole discretion of the VAMC, which shall
not unreasonably withhold such access, and all rules adopted by the VAMC will be
followed, including badging of AUGUSTA employees performing maintenance on the
water main.