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HomeMy WebLinkAboutDEED OF DEDICATION FOR WATER AND SANITARY SEWER SYSTEMS AND EASEMENTS ON 2215 TOBACCO ROAD fait WD 1684 Pg 182 AFTER RECORDING,PLEASE RETURN TO: III IILIIIIIIIIIII 7Filed and Recorded: /9/2019 2:41:46 PM Augusta Law Department Transfer Tax$0.00 Hattie Holmes Sullivan 535 Telfair Street, Building 3000 Clerk of Superior Court Augusta, GA 30901-KEC Recording Fee:$0.00 Augusta Richmond County, STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION 155-0-011-03-0 (2215 Tobacco Road) [Water Distribution System and Gravity Sanitary Sewer System] Private Street(s) and Parking Lot WHEREAS, PROPERTIES OF REDDY FAMILY LLC 1, a limited liability company established under the laws of the state of Georgia,hereinafter referred to as "OWNER", owns tract of land in Augusta, Georgia, known as 2215 Tobacco Road (Tax Map and Parcel Number 155-0-011-03-0); and WHEREAS, during the construction of the existing building(Peach Orchard Center), in 1998, a water distribution system and gravity sanitary sewerage system was built to support said building and the adjacent tracts of land; and WHEREAS, it is the desire of OWNER, to deed the water distribution system and the gravity sanitary sewer to AUGUSTA, GEORGIA, (hereinafter referred to as "AUGUSTA"), a political subdivision of the State of Georgia acting by and through the Augusta-Richmond County Commission, for maintenance and control; and WHEREAS, a drawing of the property was made, showing the water distribution and sanitary sewer systems, for the aforesaid Peach Orchard Center(Winn Dixie), which was prepared by Southern Partners, Inc., dated July 4, 1996, revised April 21st, May 18th, May 29th, and July 24th of 1997, and May 12th, May 28th, and October 12th of 1998, said drawing being herewith attached to and recorded with this document in the office of the Clerk of the Superior Court of Richmond County, Georgia, and to which reference is hereby made for a more complete and accurate description as to the land herein described; and WHEREAS,upon said drawing, a fifteen-foot(15') easement is shown laid over the water distribution system and a twenty-foot(20') easement is shown laid over the sanitary sewer systems, for the purpose of dedicated said systems to AUGUSTA; and Page 1 of 4 WHEREAS, AUGUSTA,by and through the Augusta-Richmond County Commission, has consented and agreed to accept and maintain said water distribution system and gravity sanitary sewerage system; and WHEREAS, OWNER has agreed that neither AUGUSTA, nor any of its departments, representatives, successors, or agents shall maintain individual force mains and/or grinder pumps and that any said individual force mains and/or grinder pumps shall remain private; NOW, THEREFORE, this indenture made this day of J t1,J , 2019 between OWNER and AUGUSTA, WITNESSETH: That OWNER, for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, to it in hand well and truly paid by AUGUSTA, at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged and for the further consideration of the benefits to its property by the maintenance of said water distribution system and gravity sanitary sewerage system, by AUGUSTA, has and does by these presents, grant, bargain, sell and confirm unto AUGUSTA, its successors and assigns, the following, to-wit: Exclusive 20-foot easement(s) in perpetuity over the gravity sanitary sewerage system, as shown on the aforementioned drawing; and exclusive 15-foot easement(s) over the water distribution system. Together with all of the necessary rights of ingress and egress for the purpose of maintaining, expanding, repairing, adding, constructing, installing, extending, operating, replacing, laying and relaying pipelines carrying and transporting Augusta's utilities services; along with the further right to stretch communication lines, or other lines, for the use of AUGUSTA, its assigns, representatives, agents, and designees,upon or under said land, within said easement, with the necessary cables, wires, apparatus, fixtures and appliances; and with the right to assign this easement in whole or in part; and OWNER does agree that when construction or maintenance is necessary, AUGUSTA may dig such trenches in said property, as may be necessary for the project; to pile and store thereon the material excavated, and to haul and store pipe, supplies and equipment connected with the construction and maintenance thereof, over, along, and across the said property, along with the free right of ingress and egress to and from said permanent easements for these purposes. Page 2 of 4 OWNER also grants AUGUSTA the right, but not the duty, to clear and keep clear, all trees, undergrowth and other obstructions from said permanent easement, along with the right of free ingress and egress to and from said permanent easement for this purpose. OWNER further agrees that no trees or other vegetation that may interfere with the constructing, laying, relaying, replacing, installing, adding, expanding, extending, operating, repairing and maintaining of pipelines transporting and carrying utility services shall be planted on said easement(s) and that no buildings, structures, or other permanent improvements shall be erected, constructed, or maintained thereon; and, if such prohibited trees, vegetation, buildings structures, or other permanent structures (hereinafter referred to as "obstructions") are placed, built, planted within said permanent easements, such action will be considered a violation of this agreement and Augusta shall have the absolute right to immediately remove, or have removed, such obstructions and shall bear no responsibility, or liability, for said obstruction's value. TO HAVE AND TO HOLD said water distribution system and gravity sanitary sewerage system, together with all and singular, the rights, members, appurtenances thereof to the same being,belonging, or in anywise appertaining to the only proper use,benefit and behoof of AUGUSTA, its successors and assigns forever. AND OWNER, its heirs, legal representatives, successors and assigns, will warrant and defend the right and title to the above-described property, to AUGUSTA, its successors and assigns, against all claims of all persons whosoever. IN WITNESS WHEREOF, OWNER has hereunto set its hand and affixed its seal the day and year first above written. Signed, sealed and delivered in the !, esence of PROPERTIES OF REDDY FAMILY LLC I I, 1 ,rr ,E )a( A ' - B /71/(--)--Cki/i� Y• Witnes Y' V T. R. Reddy -„--: GJ n.. 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