HomeMy WebLinkAboutGA VITRIFIED BRICK CLAY CO
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Book 01049:0651 Augusta - Richmond County
2006016802 04/13/2006 14:52:36.01
. $0.00 AGREEMENT
1111111 111111111I1111111111 1111111111111111111I11111 11111111
2006016802 Augusta - Richmond County
After recording, return to:
County Attorney
Suite 104
701 Greene Street
Augusta, Georgia 30901
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STATE OF GEORGIA
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ENCROACHMENT
AGREEMENT
COUNTY OF RICHMOND )
THIS Agreement, made the ~ day of December, 2005, by and between
Georgia Vitrified Brick & Clay Co., a Georgia limited partnership, as party of the first
part, hereinafter called "GVBC", and Augusta, Georgia, a political subdivision of the
State of Georgia, as party of the second part, hereinafter called "Augusta".
WIT N E SSE T H:
WHEREAS, Augusta has acquired in fee simple from GVBC the property
described on Exhibit "A" (the "Augusta Property") located along Gordon Highway in
Richmond County, Georgia;
WHEREAS, Augusta is in the process of constructing sanitary sewer lines to
service the Butler Creek drainage basin; and
WHEREAS, GVBC owns land adjoining the Augusta Property which it desires to
have sanitary sewer service provided to and which is described on Exhibit "B" (the
"GVBC Property"); and
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Book 01049:0652 Augusta - Richmond County
2006016802 04/13/2006 14:52:36.01
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WHEREAS, Augusta has or will dedicate all or substantially all of the Augusta
Property as greenspace property, conservation property, wetland mitigation property, or a
combination of such uses; and
WHEREAS, GVBC, in order to reasonably and cost effectively develop the
GVBC Property, may need to install utility lines and/or roadways across that section of
Augusta Property, on page 4 of a plat prepared for the Augusta Board of Commissioners
by James G. Swift & Associates, dated February 4, 2005, revised April 18, 2005 and
November 1, 2005, consisting of seven sheets and being recorded in the Office of the
Clerk of the Superior Court of Richmond County, Georgia in , page
, shown as "4.16 Acre Envelope for Future Road Crossing",
hereinafter referred to as "Road Crossing"; and
WHEREAS, Augusta is agreeable to such installation or crossing of the Augusta
Property within the Road Crossing, subject to certain conditions.
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS,
the premises and other good and valuable consideration, GVBC and Augusta agree as
follows:
1. GVBC shall have the right, subject to Augusta's prior written approval, which
shall not be unreasonably withheld, to install, maintain and repair infrastructure necessary
or desirable, within the Road Crossing to serve the GVBC Property which adjoins the
Augusta Property, now and in the future. Also, GVBC shall have the right, subject to
Augusta's prior written approve, which shall not be unreasonably withheld, to build,
maintain and repair roads which create access over, through and across the Augusta
Property, within the Road Crossing, together with the right of GVBC to grant to is
successors and assigns the rights of ingress and egress, for any lawful use over, on and
through such roads for access to adjoining properties provided, however, that any roads
which provide access to adjacent lands whether or not owned by the GVBC shall be
routed across the Augusta Property, within the Road Crossing, by a reasonably direct
route that is practical and feasible so as to lessen the impact on the Augusta Property.
2. Any required approvals by any federal, state, and/or local regulatory authority
having jurisdiction and authority over such matters shall be obtained by GVBC after
having obtained approval for such proposed infrastructure installation or roadway from
Augusta. GVBC shall notify Augusta of all approvals and/or denials by any by any
federal, state, and/or local regulatory authority for any such proposed infrastructure
installation or roadway.
3. The Augusta Property shall be used and maintained in a manner consistent
with and subject to rules and regulations, now in effect or adopted in the future,
applicable to greenspace, conservation and wetland mitigation property to preserve, to the
extent reasonably possible, its natural and wild state and restricted from any development
other than for public recreation, subject to the continued use by Augusta of the property
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Book 01049:0653 Augusta - Richmond County
200601680204/13/2006 14:52:36.01
for the installation and future expansion, development and maintenance of public utilities
constructed thereon.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by its duly authorized officers and its seals affixed hereto, the day and year first
above written.
Signed, sealed and delivered Augusta, Georgia
in the presence of: .!l . .
~Lt~ W ~L-A1fJ/t..y 4'<. By: Ufl. (;
Witnessl (j .. !> U As its Mayor O. "
'/)CbA..( d) ~ Attest: 'A/J'yJ)"J~
Notary Ru6lic As its ~
Notary Public. Columbia County. Geo~~a
Commission Expiration Date: My Commission Expires Aug. 1.20
[NOTARY SEAL]
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Book 01049:0654 Augusta - Richmond County
2006016802 04/13/2006 14:52:36.01
Exhibit A
All that certain tract or parcel of land, situate, lying and being in Augusta, Richmond
County, Georgia, containing 97.9 acres (included in such 97.9 acres is that area
designated as "4.16 Acre Envelope For Future Road Crossing" as shown on the plat
identified below), more or less, and described as follows: Starting the Point of
Beginning at the intersection of Butler Creek and the Northerly right of way of Old
U.S. Highway 78 (N 1,252,498.09 E 667, 729.26) and running S77041 '25"W for a
distance of 60.26 feet to a point; thence along the curve of the right of way a length
of 312.31 feet (R=989.71) and chord of 316.93 feet (S68031 '25"W) to a point; then
N71048'03"W for a distance of 188.89 feet to a point; then N08000' 41"E for a
distance of 120.87 feet to a point; then N7902T07"E for a distance of 97.88 feet to a
point; then NlO032'53"W for'a distance of 38.67 feet to a point; then NOl 044'30"E
for a distance of 71.88 feet to a point; then N28000'33"W for a distance of 88.43 feet
to a point; then N45001 '47"W for a distance of 98.23 feet to an iron pipe set; then
N41013'29"W for a distance of 144.42 feet to a point; then N80010'14"W for a
distance of 79.34 feet to a point; then N730 14' 52"W for a distance of 114.36 feet to a
point; then N31 051 ' 40"W for a distance of 246.27 feet to an iron pipe set; then
N58030'26W for a distance of 291.20 feet to a point; then N81029'22"W for a
distance of 394.89 feet to an iron pin set; then N87028'34"W for a distance of
369.25 feet to an iron pipe set; then N76006'15"W for a distance of 189.34 feet to a
point; then S73050'54"W for a distance of 96.25 feet to a point; then S89008'50"W
for a distance of 124.90 feet to an iron pipe set; then N22059'42"W for a distance of
234.23 feet to a point; then N57039'22"W for a distance of 149.79 feet to a point;
then NI8036'41"W for a distance of 65.88 feet to a point; then S83011'31W for a
distance of 119.59 feet to a point; then S7401 T41"W for a distance of 140.61 feet to
an iron pipe set; then N76012'15"W for a distance of 139.32 feet to a point; then
N80032'36"W for a distance of 228.22 feet to a point; then N5405T42"W for a
distance of 167.16 feet to an iron pipe set; then N75035'25"W for a distance of
135.36 feet to a point; then S61 01O'51"W for a distance of 99.25 feet to a point; then
N6902T20"W for a distance of 117.16 feet to a point; then N55029'19"W for a
distance of 115.30 feet to a point; then N23041;12"W for a distance of 43.93 feet to
an iron pipe set; then S85014'43"W for a distance of 179.92 feet to a point; then
N48029'40"W for a distance of 138.93 feet to an iron pipe set; then N84016'16"W
for a distance of68.82 feet to a point; then S71 013'31"W for a distance of99.91 feet
to a point; then N64009'39"W for a distance 163.50 feet to a point: then
N43050'09"W for a distance of 90.09 feet to a point; then N60002'58"W for a
distance of 109.05 feet to an iron pipe set; then N83016'27"W for a distance of70.91
feet to a point; then N58028'55"W for a distance of 132.59 feet to a point; then
S79059'31"W for a distance of 231.44 feet to a point; then S7001T36"W for a
distance of 169.24 feet to an iron pipe set; then S81052'01"W for a distance of
134.88 feet to a point; then N70008'33"W for a distance of 50.30 feet to a point; then
S7705T12"W for a distance of 321.37 feet to a point; then S45025'05"W for a
distance of 35.31 feet to a point; then N8803T24"W for a distance of 46.66 feet to a
point; then S32014'27"W for a distance of 43.56 feet to an iron pipe set; then
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Book 01049:0655 Augusta - Rich~ond Couni - -- '\
2006016802 04/13/2006 14:52:3~.01
S85020'47"W for a distance of 196.93 feet to a point; then S39048'45"W for a
distance of 1 04.18 feet to a point; then N7703 7' 45"W for a distance of 121.62 feet to
a point; then N40019'51"W for a distance of 50.37 feet to an iron pipe set; then
N8I006'16"W for a distance of 33.95 feet to a point; then N87059'51"W for a
distance of 185.42 feet to a point; then S76046'13"W for a distance of 93.25 to a
point; then S60014'06"W for a distance of 204.15 feet to an iron pipe set; then
N8203T44"W for a distance of 52.27 feet to a point; then S59040'57"W for a
distance of 80.48 feet to a point; then S34038'25"W for a distance of 74.00 feet to a
point; then S83012'46"W for a distance of 174.45 feet to a point; then N67012' 13"W
for a distance of 322.96 feet to a point; then N40 041 , 52"W for a distance of 63.25
feet to a point; then N72 024'06"W for a distance of 190.69 feet to a point; then N49
002'04"W for a distance of 353.90 feet to an iron pipe set; then S74 022'57"W for a
distance of 299.05 feet to a point; then N85 008'59"W for a distance of 151.73 feet to
a point; then N49 033'30"W for a distance of 130.97 feet to an iron pipe set; then
S83 031'37"W for a distance of 236.58 feet to a point; then S57 004'59"W for a
distance of 389.55 feet to an iron pipe set; then S30 000'37"W for a distance of
314.44 feet to an iron pipe set; then N78 020'03"W for a distance of325.74 feet to a
point; then N75 009'13"W for a distance of332.99 feet to an iron pipe set; then N65
01T02"W for a distance of 399.05 feet to a point; then N80 031' 10"W for a distance
of 320.81 feet to an iron pipe set; then S63 004' 45"W for a distance of 3 78.65 feet to
a point; then S84 025'28"W for a distance of 183.71 feet to an iron pipe set; then S26
012'02"W for a distance of 105.03 feet to a point; then S45 012'02"W for a distance
of 104.53 feet to a point; then S83 045'08"W for a distance of 112.98 feet to a point;
then N82 024'04"W for a distance of 254.01 feet to an iron pipe set; then N63
006'53"W for a distance of218.51 feet to a point; then N52 043'06"W for a distance
of 194.58 feet to a point; then N65 002'26"W for a distance of 181.92 feet to an iron
pipe set; then S86 014'01"W for a distance of 113.71 feet to a point; then S51
006'45"W for a distance of 137.41 feet to a point; then S76 04T50"W for a distance
of 246.04 feet to a point; then S86 056' 45"W for a distance of 164.87 feet to a point;
then N51 009'24"W for a distance of 41.58 feet to a point; then N29 056'14E for a
distance of 283.30 feet to a point; then S86 024' 14"E for a distance of 142.24 feet to
a point; then N08 054 '26"W for a distance of 202.06 feet to an iron pipe set; then
S87 035' 53"E for a distance of 735.39 feet to an iron pipe set; then S76 043' 10"E for
a distance of 468.78 feet to an iron pipe set; then S07 009' 55"E for a distance of
233.85 feet to a point; then along the center line of Butler Creek for a distance of
4,711.67 feet, more or less, to an OTF; then N27 059'55"W for a distance of 110.94
feet to an iron pipe set; then N87 040'44"E for a distance of 136.06 feet to a point;
then S88 056'40"E for a distance of 202.69 feet to an iron pipe set; then N61
033 '24"E for a distance of 354.76 feet to a point; then N54 020'35"E for a distance of
68.94 feet to an iron pipe set; then N71 022'25"E for a distance of 220.15 feet to a
point; then N81 042'11"E for a distance of 349.67 feet to an iron pipe set; then S75
03T09"E for a distance of 152.93 feet to a point; then N89 03T47"E for a distance of
114.04 feet to a point; then S75 021 'OO"E for a distance of 116.87 feet to a point;
then N8l 03T40"E for a distance of 169.63 feet to a point; then S87 050'24"E for a
distance of 179.80 feet to a point; then S84 042'1O"E for a distance of 195.00 feet to
a point; then S71 028'42"E for a distance of 166.14 feet to an iron pipe set; then S15
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Book 01049:0656 Augusta - Richmo~ c~~~~ -
200601680204/13/2006 14:52:36.01
030'38"W for a distance of 363.9 feet to a No.4 RBF; then along the center line of
Butler Creek for a distance of 2,486.53 feet, more or less, to a point; then N22
011 '08"E for a distance of 97.00 feet to a RBF; then N22 011 '08E for a distance of
26.46 feet to an iron pipe set; then N60 033'45"E for a distance of 106.14 feet to a
point; then S61 044'05"E for a distance of 145.27 feet to a point; then N69 030'20"E
for a distance of 53.39 feet to a point; then N46 009'5TE for a distance of 96.84 feet
to an iron pipe set; then N80 035'30"E for a distance of 187.93 feet to a point; then
N18 034' 15"E for a distance of291.39 feet to an iron pipe set; then S73 022'34"E for
a distance of 149.73 feet to an iron pipe set; then S12 024'38"E for a distance of
59.84 feet to a point; then S33 025'11"E for a distance of 105.40 feet to a point; then
S67 014'14"E for a distance of 75.00 feet to a point; then S52 032'28"E for a
distance of 89.08 feet to a point; then S36 01O'36"E for a distance of 108.71 feet to a
point; then N86 030'34"E for a distance of 104.73 feet to a point; then S73 026'4TE
for a distance of 77.13 feet to a point of a nail set at the base of a tree; then S08
024'21"W for a distance of 88.89 feet to a point; then S16 028'38"W for a distance
of 62.92 feet to a point; then S45 02T58"W for a distance of 54.50 feet to a point;
then SlO 050'56"E for a distance of 127.54 feet to a point; then S75 040'50"E for a
distance of 45.02 feet to a point; then S62 038'46"E for a distance of 97.02 feet to a
1.5" OTF; then S33 048'54"E for a distance of 237.71 feet to a 1.5" OTF; then S32
012'43"W for a distance of 378.02 feet to a 1.25" OFT; then S32 012'43"W for a
distance of 23.00 feet to a point; then along the center line of Butler Creek for a
distance of 1,018.96 feet, more or less, back to the Point of Beginning. Said tract, or
parcel of land being more fully described on a plat prepared for the Augusta Board of
Commissioners by James G. Swift & Associates, dated February 4, 2005, revised
April 18, 2005 and November 1, 2005, consisting of seven sheets and being recorded
in the Office of the Clerk of the Superior Court of Richmond County, Georgia in
), , page ~:A lr ; to which reference is made for a more
complete and accurate description of said property, its exact location, dimensions,
metes and bounds.
The above described property shall be used and maintained in a manner consistent
with and subject to rules and regulations, now in effect or adopted in the future,
applicable to greenspace, conservation and wetland mitigation property to preserve,
to the extent reasonably possible, its natural and wild state and restricted from any
development other than for public recreation, subject to the continued use by Grantee
of the property for the installation and future expansion, development and
maintenance of public utilities constructed thereon.
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Book 01049:0657 Augusta - Richmond County
2006016802 04/13/2006 14:52:36.01
Exhibit B
All those tracts or parcels of land owned by Georgia Vitrified Brick & Clay
Co. situate, lying and being in Augusta, Richmond County, north of Gordon
Highway in the drainage basin of Butler Creek. Said properties are
contiguous to a tract of land containing 97.9 acres conveyed by Georgia
Vitrified Brick & Clay Co. to Augusta, Georgia contemporaneously
herewith and consist of all of the property owned by Georgia Vitrified Brick
& Clay Co. between the boundaries of said 97.9 acre tract and the limits of
said drainage basin.
Filed in this office:
Augusta - Richmond County
04/13/2006 14:52:36.01
Elaine-C.-Joh-nson ---
Clerk of Superior Court