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Home My WebLink AboutAUGUSTA'S HISTORIC CEMETERY INC PEDESTRIAN EASEMENT AGREEMENT Book 01269:2037 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 $0.00 EASEMENT IIiii iiiii iiiii iiiii iiiii Iilli 11111 IIIU II I IIII IHI 1111 2010035016 Augusta - Richmond County isq. apartment et, Suite 302 1901 (706) 842 -5550 PEDESTRIAN EASEMENT AGREEMENT HS PEDESTRIAN EASEMENT AGREEMENT (this "Agreement ") is made and July 1 , 2009, by and between Augusta's Historic Cottage Cemetery, Inc., a Non - Profit Corporation, and undersigned . individuals ( "Grantor "), and 'A- RICHMOND COUNTY, GEORGIA, a political subdivision of the State of "Grantee "). HEREAS, Grantee desires to acquire a pedestrian easement across and through property, which property is more particularly described on Exhibit A, hereto and made a part hereof ( "Grantor's Property "), for the purposes of ion, installation and maintenance of a ten feet (10') public pedestrian pathway Ld through Cottage Cemetery (Public Pedestrian Pathway) . DW, THEREFORE, for and in consideration of Ten Dollars ($10.00) paid by to Grantor, the covenants of Grantee contained in this Agreement, and other d valuable consideration, the receipt and sufficiency of which hereby are „dged by Grantor, Grantor and Grantee agree as follows: Grant of Permanent Easement. Grantor hereby grants and, conveys unto a perpetual, exclusive permanent ten (10') feet easement across and through the nate 0.05 acre (2,346 sq. ft.) area of Grantor's Property shown on the Compiled it Map prepared for the Augusta, Georgia Engineering Department by Engineering Group, P.C., dated March 20, 2009, attached hereto as Exhibit B le a part hereof ( "Easement Plat "), and as more particularly described in attached hereto and made a part hereof, for the purpose of maintaining the 'edestrian Pathway (the "Permanent Easement "). The Permanent Easement for the purpose of providing a pedestrian path to the general public over and he Public Pedestrian Pathway. Grantee shall also have the right of ingress and onsistent with this Agreement, for the design, construction, installation, repair, ntenance of the Public Pedestrian Pathway. The Permanent Easement shall run land. Book 01269:2038 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 Grant of Temporary Easement. Grantor hereby grants unto Grantee a isive temporary construction easement across the approximate 0.05 acre (2,346 .ea of Grantor's Property shown on the Easement Plat, and as more particularly 1 in Exhibit D, attached hereto and made a part hereof, for the purpose of ing and installing the Public Pedestrian Pathway (the "Temporary It / ). During Grantee's use of the Temporary Easement, Grantee shall maintain L of the natural appearance of Grantor's Property as practical. Prior to n of the Temporary Easement, Grantee shall have reasonably restored the iry Easement area to its condition prior to Grantee's use thereof including ing, except as modified and required by the Permanent Easement. The iry Easement shall expire at the completion of the construction and installation iblic Pedestrian Pathway and in any event, twenty -four (24) months after the is Agreement, unless otherwise extended in writing by Grantor representative, rmichael Sherman. Grantee Obligations. Grantee shall pay all costs associated with the Public m Pathway including without limitation, the design, construction, installation, , maintenance, repair and replacement of the Public Pedestrian Pathway to i proper function as well as restoring landscaping removed or damaged by on, maintenance or repair of Public Pedestrian Pathway. Grantee shall, at s sole discretion, design, construct, install and maintain the Public Pedestrian and in compliance with all applicable laws, rules, regulations, orders, :es, permits and other governmental or legal requirements ( "Legal ments "). If Grantee fails to properly maintain the Public Pedestrian Pathway in ile order and condition or in accordance with Legal Requirements, Grantor may notice to Grantee, citing the deficiencies with a demand that they be cured i reasonable time period. If reasonable corrective measures are not taken by within a time period agreed upon by Grantee and Grantor, then Grantor may h measures and demand prompt reimbursement of the cost of same. Grantee responsible for any and all taxes, charges, assessments; use fees or similar s levied against or applicable to the easements and Grantee's interest in the its granted herein. Grantee shall not cause or permit any liens or encumbrances :ind to be placed against the easements or any of Grantor's Property due to the ;rantee shall erect and maintain, at Grantee's expense, an eight (8')feet, nine (9) ain link fence with at least two (2) gates at locations mutually agreed upon by ector of Grantee's Department of Parks and Recreation (currently, Tom Beck) cie Carmichael Sherman, as representative for Grantor. Gantee shall ensure that the Public Pedestrian Pathway is properly maintained es not constitute a nuisance. Except as required for the design, construction, -2- Book 01269:2039 Augusta - Richmond County , 2010035016 08/06/2010 11:03:38.00 on, cleaning, maintenance, repair and replacement of the easements, Grantee t obstruct, hinder or otherwise disturb the remainder of Grantor's Property Ls otherwise agreed upon by Grantee and Grantor, via above - referenced tatives. Access and Parking. The easements hereby created shall include only egress, egress, regress and temporary parking of those vehicles required for the tion, installation, cleaning, maintenance, repair, and replacement of the Lts. Public Intent. This Agreement shall be deemed to create a right of public or the general public or constitute a dedicated public area within the Permanent tt. Reservation of Rights. Except as provided otherwise herein, Grantor all rights to Grantor's Property. No air, mineral, timber or extraction rights are by this Agreement. Indemnification. To the extent allowed by law, Grantee shall indemnify d Grantor and its owners, managers, agents, legal representatives and the ■rs and assigns of each of them harmless from and against any and all actions, .oceedings, claims, demands, losses, liabilities, damages and expenses arising r relating to (i) the use of the Permanent Easement or the Temporary Easement tee, its contractors, agents, employees, invitees or licensees, including but not to death, personal injury or loss or damage to property, (ii) the Public Pedestrian 7, and (iii) any breach by Grantee of its covenants or obligations under this ent. This indemnification shall not apply to injury or damage caused by the grossly negligent, or negligent acts of Grantor. In the event of any damage or the Permanent Easement or the Temporary Easement or the Public Pedestrian y or related appurtenances resulting from any negligent or willful acts or luct of Grantor or its agents, managers, legal representatives or successors or Grantor shall pay for the actual and reasonable cost of any repairs necessary to the Permanent Easement or the Temporary Easement or the Public Pedestrian y or related appurtenances to the same condition prior to such damage. ;ntire Agreement; Amendment; Assignment; Enforcement; Severability. This Lent contains the entire agreement between the parties as to matters contained Ind supersedes any prior agreements or understandings, if any, with respect Grantor, his heirs, assigns and legal representatives shall and will forever : and defend unto Grantee, its successors and assigns, the rights, ways, Its privileges and appurtenances conveyed herein, against the claim of any or persons whomsoever. This Agreement can only be modified by a written ant signed by the parties hereto. Neither this Agreement nor any rights or -3- Book 01269:2040 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 is hereunder are assignable by Grantee, except as the parties otherwise agree g. This Agreement shall be binding upon the parties hereto and their e legal representatives, successors and assigns (and as to Grantee, only 1 assigns). The prevailing party in any action to enforce this Agreement shall d to receive from the other party, upon demand, all costs and expenses of such Lent including, without limitation, reasonable attorneys' fees and all other d legal costs. The rights and remedies of the parties to this Agreement are ve and not alternative or exclusive. Neither the failure nor any delay by any exercising any right, power, or privilege under this Agreement will operate as a f such right, power, or privilege, and no single or partial exercise of any such ewer, or privilege will preclude any other or further exercise of such right, r privilege or the exercise of any other right, power, or privilege. No waiver of ision of this Agreement is valid unless made in writing and signed by the party whom enforcement is sought. If any clause, provision, subparagraph, or ,h set forth in this Indenture is illegal, invalid, or unenforceable under present e applicable laws, then it is the intention of Grantor and Grantee that the er of this Indenture shall not be affected thereby. In such event, the parties e commercially reasonable efforts to replace the invalid or unenforceable n with a provision that, to the extent permitted by applicable law, achieves the s intended under the invalid or unenforceable provision. This indenture shall Teed, construed and enforced by and in accordance with the laws of the state of Recording. This Agreement may be recorded in the real property records iond County, Georgia. [SIGNATURES ON FOLLOWING PAGE] -4- Book 01269:2041 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 [SIGNATURES TO PEDESTRIAN EASEMENT AGREEMENT] 1 day of June, 2010 GRANTOR: Augusta's Historic Cottage Cemetery, Inc., A Georgia Non -Pr fit Corporation. By: � n,,� - . As its (President): l/yc9 ``∎ N r 1\0 Os l � r' 1/, , icial Witness : ��Q'P Py .....• . " b �� r y Public d 1.1- s ,......4, . e J 4? . o ommission expires: .,.., RiCHM ,, ARIAL SEAL] �� ritilit�� ` ` ` Attested to: As its Secretary Attested to: As its Treasury icial Witness y Public ommission expires: ARIAL SEAL] -5- :49 FAX TROTTER JONES LLP 1 002 /002 Book 01269:2042 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 [SIGNATURES TO PEDESTRIAN EASEMENT AGREEMENT] /SLda of June, 2010 GRANTOR: Augusta's Historic Cottage Cemetery, Inc., A Georgia Non -Profit Corporation. By: As its (President): fficial Witness / ' try Public ;.omrnission expires: TARIAL SEAL] Attested to:/ As its Secret. „ze Attested to ►� x r c As its Treasury ffi i • e itness ary Pub Commission expires: ,t't r &.„6// ) TARIAL SEAL] NANCY t. MILLER Notary Public Commonwealth of Virginia 7070609 :ommission Expires Nov 30, 2011 -5- Book 01269:2043 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 [SIGNATURES TO PEDESTRIAN EASEMENT AGREEMENT] NTOR: GRANTOR: Ak ff fAl ael Medlock, as Individ al K. thie Medlock, as fr ividual / � I . _ d, sealed and delivered in the UNO ICIAL WITNES nce of and on er , 2009 .i... �� /I ' ��_ 1 NANCY L. MUER Notary Public ry Public Commonw.am of Virginia 'oInmission expires: 7070629 MM Commission Expires Nov 30, 2011 rposposipropluporqpwirmwermip 'ARIAL SEAL] -6- Book 01269:2044 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 [SIGNATURES TO PEDESTRIAN EASEMENT AGREEMENT] GRANTOR: Gin 4 fLezty)Aahet.. Anne Carmichael Sherman, as Individual . 'iI.114 1 Witness Signed, sealed and delivered in the presence of and on Dg 7, 2009 Notary Public C� My Commission expires: My Commission Expires October 13, 2016 [NOTARIAL SEAL] -7- Book 01269:2045 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 [SIGNATURES TO PEDESTRIAN EASEMENT AGREEMENT] GRANTOR:/ R Cpl William S. Rockwell, as Individual r:f Witness Signed, sealed and delivered in the presence of and on , 2009 otary Public My Commission expires: := // _- [NOTARIAL SEAL] �oP ®ye G ...... COp �i ti p° ~ �Q .01SS 4, 40 SA 41: Z. a + : z NOTARY u,: m PUBUG i ccg � y ; 0 .. ..; c" -8- Book 01269:2046 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 [SIGNATURES TO PEDESTRIAN EASEMENT AGREEMENT] day of 7 zk � GRANTEE: AUGUSTA - RICHMOND COUNTY, GA By: C JPi ° 4 . David S. Copenha r As its Mayor Attested to: Y B .l r /awl 1/ ena J. Bo er, lerk of Commission SEAL -10- Book 01269:2047 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 EXHIBIT A SARA ADAMS COTTAGE CEMETERY LEGAL DESCRIPTION All that lot or tract of land lying and being in the 89 Georgia Militia District, City of a, Richmond County, Georgia and being further described as follows: Commencing at the intersection of the southern right -of -way line of Jonathan Drive and ern right -of -way line of Winesap Way; thence along the eastern right -of -way line of p Way South 32°13'00' West a distance of 150.00 feet to a #4 rebar set; thence turning ning the southern right -of -way line a public road (20 foot right -of -way) South 55 °45'05" listance of 192.25 feet to a #4 rebar found, known as the Point of Beginning; thence and running the eastern right -of -way line of the public road (20 foot right -of -way) North )9" West a distance of 22.74 feet to a point; thence turning and running the southern y line of the Apple Valley Subdivision Section Two North 8T47'36" East a distance of feet to a 3/4" crimped top iron found; thence turning and running the western property Augusta, Georgia South 07 °04'33" East a distance of 345.71 feet to a 3/4" crimped top xnd; thence turning and running the northern right -of -way line of Marvin Griffin Road curve to the right with a chord of North 87 °51'45" West a distance of 236.59 feet to a Limped top iron found; thence turning and running the eastern property line of Lewis R. Borth 06 °23'20" West a distance of 284.63 feet to #4 rebar found, also known as the Point [nning. Containing approximately 1.7 acres, also further described and shown on plat for a, Georgia by Cranston Engineering Group, P.C., dated March 20, 2009. -11- Book 01269:2048 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 EXHIBIT B Cranston Easement Plat Map -12- Book 01269:2049 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 EXHIBIT C 10 FOOT PEDESTRIAN EASEMENT LEGAL DESCRIPTION A 10 foot easement for pedestrian purposes across the following described property: That strip or parcel of land lying and being in the City of Augusta, Richmond County, rgia, being more fully shown and designated as a "10' Pedestrian Easement" on a plat for ;usta, Georgia by Cranston Engineering Group, P.C., dated March 20, 2009 Said pedestrian easement being 10 feet wide lying 5 feet on each side of the following Commencing at the intersection of the southern right -of -way line of Jonathan Drive and !astern right -of -way line of Winesap Way; thence along the eastern right -of -way line of esap Way South 32 °13'00' West a distance of 150.00 feet to a #4 rebar found; thence turning running the southern right -of -way line a public road South 55 °45'05" East a distance of 25 feet to a #4 rebar found; thence turning and running the western property line of the Sara ms Cottage Cemetery North 03 °38'09" West a distance of 5.36 feet to the beginning of the erline to be described: Thence South 73 °20'23" East a distance of 46.72 feet to a point, thence North 89 °33'41" a distance of 52.67 feet to a point, thence North 83 °26'04" East a distance of 42.02 feet to a t, thence South 84 °31'00" East a distance of 53.24 feet to a point; thence North 66°52'11" a distance of 42.40 feet to a point on the eastern property line of the Sara Adams Cottage ietery, and said centerline there terminating. Containing 0.05 acre (2,346 square feet) -13- • Book 01269:2050 Augusta - Richmond County 2010035016 08/06/2010 11:03:38.00 EXHIBIT D TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION A temporary construction easement 5 feet wide located on each side and parallel to an sting 10 foot wide pedestrian easement lying 10 feet on each side of the following line: Commencing at the intersection of the southern right -of -way line of Jonathan Drive and eastern right -of -way line of Winesap Way; thence along the eastern right-of-way line of iesap Way South 32 °13'00' West a distance of 150.00 feet to a #4 rebar found; thence turning running the southern right -of -way line a public road South 55 °45'05" East a distance of .25 feet to a #4 rebar found; thence turning and running the western property line of the Sara uns Cottage Cemetery North 03 °38'09" West a distance of 5.36 feet to the beginning of the terline to be described: Thence South 73 °20'23" East a distance of 46.72 feet to a point; thence North 89 °33'41" t a distance of 52.67 feet to a point; thence North 83 °26'04" East a distance of 42.02 feet to a it; thence South 84 °31'00" East a distance of 53.24 feet to a point; thence North 66°52'11" t a distance of 42.40 feet to a point on the eastern property line of the Sara Adams Cottage aetery, and said centerline there terminating. Containing 0.05 acre (2,346 square feet) -14- Book 01269:2051 Augusta - Richmond Cou 2010035016 08/06/2010 11:03: .�� -/ i i A. 1 1 - �� ' �� / e*" -■ ‘ i ,- --. . , J k ,,„,, . K / „---.. 1 ,-, ,_../ i p� � 2 � 1 ( 3 ) I . i \ I v j -` prr Vi ION 00. ss C I LE V ALLEY SUB Id °S / 1 APP T10N " � I r � r ."�� r .r '�. 41 �qQ SE ∎ %40 228.76' ti ^,,... 10 ' pRp1NAGE E 3 /4'CTF 907'04'33 "E 1 �? S .� Fir CNR 1482 '36"E 42.99'(TIE) ( k/ '. NC/318'09"W o 0 1738 (TIE) TOTAL AREA: 2346 SF j NO3'38'09 "W , `14-- -� — — . °L4 -- 0 .- 5, 36'(TIE) #4R8 ` c — o 10' PEDESTRIAN EASEMENT 17— 6 R WA Z P Si w N M W, O N/F * N/F LEWIS R. BRIAN AUGUSTA, GEO AX MAP #134 -1- 070 -05 -0 TAX MAP #134 -2 -09E (DB -704, PG -2246) (DB -779, PG -144 (PB -38U, PG -631) (PB -38U, PG -63 SARA ADAMS COTTAGE CEMETERY TAX MAP #134 -1- 002 -00 -0 N J N . N co g (A, m Ro, 0 �F F E-_,N7., '`r. ` � . N87 yy --- ..■ \ �,, 5 3/4 "CTF- - ,� -- 236.59 (TIE) _ ....no ` �` o r.,� �.�,.. ..�.. ,..... m.... ..r+ ""."1". g/4 " CTF -- J✓ 993 / _ - __ ----- g ' ' ' MARVIN GRIFFIN ROAD 80 / N R W i i m ° i O / O