The URL can be used to link to this page

Home My WebLink About60"Raw Water Line Main June 1999 Augusta Richmond GA DOCUMENT NAME: W fI R", u)W ""'''~_ L '" "" fY' '" IN -Jv,,) 15 / q q ~ DOCUMENT TYPE: tlJ (t~ fiE--,N'I YEAR: 1 C1C, ~ BOX NUMBER: '1 FILE NUMBER: 14 d- S- 0 NUMBER OF PAGES: <i5D 1 J~ itl tJeJSlJ AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No, (706) 722-5984 E-Mail: Jwall15391@aol.com June 7, 1999 ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L, COLCLOUGH FREDDIE L. HANDY Wll.LIAM B, KUHLKE, JR, WM, "WILLIE" H. MAYS, III J. B, POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R. OLIVER, P E. CPA Administrator Ms. Lena Bonner Clerk of Commission Municipal Building (1 1 ) Augusta, Georgia 3091 1 Re: 60" Raw Water Line Main Dear Lena: I am enclosing herewith the following documents in connection with the above project, which have been recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 644, on the noted pages: ( 1 ) Agreement between Augusta, Georgia and Westover Memorial Park, Inc., dated May 4, 1999, pages 318-344; (2) Amending deed from Westover Memorial Park to Augusta, Georgia, dated May 4, 1999, pages 347-350; (3) Easement to Augusta, Georgia from Augusta National, Inc., dated May 4, 1999, pages 279-305-D; (4) Easement to Augusta, Georgia from Augusta Country Club, Inc., dated May 4, 1999, pages 306-317. With kind regards, I am <4A-J ) HARRY D. REVELL HDR:hbs Enclosures FROM: Augusta-Utilit:es FAX NO. Sent ey: 'Augusta Richmond AOmlnlsll'tI~"\J") ,~~ --, ~_7063~24123 Jan. 31 2003 02:36PM P2 OFFICE OF THE ADMINISTRATOR CK....I... R, OL.IV_". ,.t! e..... A,ONINI.T"...1'OIl WAveR So HGIIH..V, .11 o,P'U"'" AOM,Nln'IlAYO" "00,,",801 . /l4UHIC\.....1. "UIL.bl"~ 1130 GilliN' irRU" - AutilUITA, CiA. 3011' I (70') a2.l-z",OO - "A)( (70151 .a'.OItll~ May 4, 19S9 Mr. Harry Rovell Attomey 464 Greene Street Augusta, Georgia 30901 08l1r Harry: The Augusta Commltticn, at lhQlr reoulir meeting held Tuesday, M.v 4, 1999, took action on the following Itertls: 1 Q. Approv.d an euement agreement wIth m15tered service for Augusta Countr,' Club, Inc. for $50,620. (Approved by Engineering Services Committee April 28, 1S99) 11. Approved .n easement agrument wltt'l metered 6.rvlce for the Augusta Nltlonal, Inc. (Approved by Englne.rlng Servloes Committe. April 28. 1999) If you niVO uny qUfletlons, please contact me, Yours trulV, ~..~ Charles R, Oliver, PE CPA AdmlnilitrlJ'or --.. cc: Mr. Jack Murphy Mr, Jim Wall 05~04-e9: #10. #11 F~OM : qugusta-Utilities FAX NO. : 7063124123 ,?n:IT ey: A~lgU!:it(\ Richmond AClml.,)lstl'3~:i.0t1i 7tH:! 1',1 ~~ll""'" ..,- Jan. 31 2003 02:36PM P3 " 10: AGENDA ITEM: 8____ ENGINEERING SERVICES COMMITTEE CHARLES "RANDY" OLIVER, ADMINISTRATOR FROM: Harry D Revell CATE: May 4, 1999 April 20, 1999 (Preparation date) ." : " ~l':'A: :', SUBJECT: 60" Raw Water TransmissiCJn Milin Project CAP'TION: Motion to approve easement ag(9tJm~nt with Augusta National, I"c. BACKGROUND: Aftar negotiation, Augusta National, Inc, ~Ia$ agreed to donate the necessary easements for this projoct In exchange for certain reasol'abl~ 8ngineArlng consldGrotlons have been Inoorporated into theflnal plaN~ for the project. The proposed e~8ement agreement- i$ for 8ubstant.lallY 165$ thQn the fair mar1<et value of the property right& being acquired, Tho Utlllt,8s Department Is fijmllls( with these negotiatlonG and the agreement and COilcurs in the recommendation to approve same. ANALYSIS: FINANCIAL IMJ'ACr: None. AL TERNA fiVES: RECOMMENDATIONS: - FUNDS ARE A V A1L.ABL! IN THE Fou.owtNG ACCOU~S:_-,,,- -' -.-,. ..-------~...... ....-.---- ADMINISTRATOR;U~.~.:.~"'? ~_<.. oJ./1.lh) FINANCE: COMMITTEE ACTION: ,.", ", :',J:~~',,:'. F~OM : A~9usta-Utilities S~qt P.y: i>.ugl.!,ta R1ChnlOnct Mn\ln1.6tl'~~ l:ln; FAX NO. : 7063124123 'uo Q~ I .......,......., , . Jan. 31 2003 ~~:37PM P4 STATE OF OOOROlA ) ) ) EASEMENT COUNTY OF RICHMOND THIS INDENTURE, made and entered into thil __ day of -. . 1998, betwean AUOUSTA NATIONAL,lNC., hdfcinafter refe1'n~d to... party of the flrat plU't. and AUOUSTA.. GEORGIA. I political subd\V\sion ofth.e State: ofaeorgia, hereinafter referred to as plU'ty of the gecond part; W r tlf E SSE T H That plllty of the first part, fot lUld in considmtion oftke sum of Ten ($10.00) DoUars, in hand well and truly pwd by the pllrty of the second part at am! before the seaJing Ill1d delivery of th~se prO$cl\ts, the receipt whereof is hereby scknowledged, and other valuable conlllder..tion, hai il'lUlted. bargained. told. cOlwcy~d and Gonflrmed, and by tne$e prllsents does gl'ant, bargain. sell, convey and contlnll unto the party of thtl second part. its lluccessors IV'd aui8n~, tho her,in delO"iboti easements, acro:!s and throuah the following described property, to-wit: A pemu~n~t raw w,ter transmi5sion main curmont approximately thirty (30) feet in width (varying) and lylng geoenally parallel to thll eMttrruT10St p~rty or boundary line of the party or the first part which. sepllntel iu property fi'orn Vineland Subdivision. Said easement consilltS of 85,360 square feet and is more particululy described on a __ ( ) page Ea~me'nt 'Plllt prtlparc<1 for Augusta, Georgia, by CrtJUlton, Robertson &. Whitehurst. ~. c., dated October 30, ] 998, a copy of which is attached hereto 11'I0 incorporated herein for II more complete and accurate description of tho met~s, boundS cour!JeS, distances and exact loclltion of .~aid pennanent tlUemem. A complete set of the Plans wiU be maintained in the offiCI) of the Utilities D~partment of Augusta.. ~orgia IUId in the office!! of Cranston, Robel1s.on & Whitehurst, 'P,C" 452 Ellis Street, Augusta. Georllia tu'ld their .!uccesson. ALSO, a temporllry con:JtNction easement adjoinina the above- describlld pennanent easement twenty (20) feet in width consi3tinal I , I I I I I I I I I I , I , , , a - F~OM : Augusta-Utilities Sent ~y: AugU6t~ Richmond AdminlstralLon; FAX NO. : 7063124123 /uu DCI ~~.~.. , . Jan. 31 2003 02:37PM P5 of ~ S. \ 60 squar~ feet lI.lI \a morlS puticullU'lY described on the abovll-reforenced pliU which Is attached hen~tQ Md incorporated her~in tor a morc oornplete and acc:W'a.le dO$Cription of the motes, bounda, couneS. dinanc:el and 0l(1iCt location of said tempofllr)' ea.sement, Said temporary construction easement ahall expir" w~n tho raw water mv.in constNction proj8Ct III complete or on Sept,ember) \. 1999. whicbe\'er 8rst occurs. A complete aet C}f the pllUU for thi~ construction project wiU bo mAintll.ined in the oflicc: ofthc Utu;tiel Oepllltruent of Augostll. Gtorgia, and in the oiuces of Cranston, Roberunn &, Whitehunt, p.e" 4S2 EIli. Str~ct, Aususta, GeOrgia. llnd the offices of their $UCC~s~on. Spocific r~erenGe Is rnr.dl.l to sheeu. numbered 7. 8 8.l\d 9 on the project drawlniS which sheets are incorporated by retluenctJ herein for" dctliled descriptioll of \:he mete" bounds. countS, distances aJ1d euct location oft.he eucment hereby granted. Said pllu\J shall be referred t,o herein dB the "existing enaineerin8 plans." Said elliicments being for the purposCl oflaying, relaying, inlltalling. rcplacioi. extcndini, op...,;n.. rep.irinlla"d moinloinil1/l pipeline. triUl.portinB and carrying roW waler i1I conn.ction with AuQ\lllta, OC:lorgia's project known as the AugU:itll 60" Raw W.ter TnuumiSliion McUn (the "Project") . TOGETHER. wlth the.!iiht. when c;onstti1ction or maintenance is necc 11 ilU)', to dig such tr"nch~li in ilaid eWiCm.ent ar(lQ$ ~fl may be noco$SU)' Col' tho Project; to pile thcraon the materiel e:xuvated. and to haul plpo. supplies and equipment connected with the construction r.nd ffilJintcnlWCC thereof over. ~ong and ill;iron the said c:lCi<:TOCnt lU'CIU. Th~ party of the first part. it5 !ueccuorit and a.s~jgn3. after the completion of the project. shall havtS tho right to use saiei "i!lllmcn\ iU'ellS in any miMef not inconsllitlllnt or in~erferln8 whh the ,ish" herein wonted. includi n~ .... ..,oci..ed with a golf cou'" but ...luding. howOVOl'. the right to erect, construe' or maintain thereon any buildinBs Qr $imilar pelmllJlently comttucted PastS ~2- , ,,::,)~i:i~:~.;,: ..,::,v~!i.ffi.i.. F~OM : ~gusta-Utilities SIlI't By: ALI9116t~~ Hic)linOI1(\ Adml.l1istI'at },onj FAX NO. : 7063124123 IUO De. I .;..\.1,..... , . Jan. 31 2003 02:38PM P6 improvements The C:a3ement :areas :.hlill inunediately revert to part)' of the firsl part, Itll sueC"Sllon and a.ss.ign:J, upon ll.bandOl\lucnt oftholl~ areu, or any pt;lrtioCl~ thereof, tor walllr main purposes, As part of the consideratiun rOf &aid conveylUlce, the partY of th~ second part covenants ai follows: <a) to cause all water which is to be tra.a.sported lhrough tbill eas~ment to be oonlaim:d within pIpe constructed out of hiah quality pipinS materials u provided for in the Project specUications which arc incorporatt$d herein. (b) to clIuae the top l)fth~ plpolinolj to be: laid A sufficient depth below the ~urface of the gI'ound 110 IS to permlt th~ use of the iurf&ce thereof by the PW'1Y ofthe fll'sI part fur normlll forestry, landscapins and access purpo,C:I; however, in thl: cue of ravines, streams or low plACes on said ptu'cel ofland, th~ poTty of the second pili mllY insta.ll .he proj~ot above the ground provided the pipeline shall be laid and maintitined so is not to inttrtj,ro with the naturul flow of the ruriace wiiUT or a.ny stre&l1l9 thereon; (c) to n;till the trenches it shall dig in conMction with the Proj"ct so a:s to leave: the hmd ilvailablu IU'Id ready fur ordinary purposes and the UllB9 IIpecified in paragraph (a) above, ind upon any future edl.1l'1liion, reptlir, or llying or line or lille" cOllStruclion, ~lterlltion and maintenance 10 leav~ lhtt land in like condition; (d) to exerci:lc the! rislltS of Ln:ltalling, making repllir$ to and maintaining said Project in a cll(etul and slciUful mlMer, con~j~t(\nt with the good Wld worknumlibs standard, avoiding iUly UNltCcSSary damage to plnntti, lShnlbs or trees growing upon uid easement areiS, and in ease or 1l0Y unrtr.Cessary darrUlie, to compensllte the party of ~ hI! first part for :roch damage; (e) except for the initial constructiun cor.tempiated hereby, :Iix (6) month~' written notice shall bcs given to the Pilr1Y of tht finn part of llny U\t~ution to mter upon said "IiSO'TllOnt W'"a in tho r:xc::rci:l~ ofches risht! ho,~in conferTcd ClCcept in cases or emergency in which event notice will be ~v(ln as promptly as possible l'equestir18 the party of the first part' S penni~$ion as providc:td herein; (f) to provide three; ra.w water tap~ on the 60" InIln line to bit il'lstslled, 004112" tip located nelU' the Southernmost Station 78 + 00 IS.>> shown 00 the existlns ell~neelina pl.UlS, (1m:! lO~ tap Ill.'lar Station 81 + 25 &.'1 $hown on the ex..lsting P~~e .)- ------.. . , , ,.,--'.--_...-_......-~. ---..------..------. ".........--...-- I I I I I I I I I I I I I - . . I: I - FROM: Augusta-Utilities . " FAX NO. : 7063124123 Se~t By: AUgUGtH RlchMond AdmLnistretlOn; IUD 0" ~U'U" I . Jan. 31 2003 02:38PM P7 cniUlC~erini plans, lnd one 10" tlip nelf Stition 68 + 35 a9 ,hown 01'1 \no exisdnB enpeCll'ins plans; (8) to replace &no rClstore, as IIpecifted in the hereinafter identified Project Manual, the gravel road alone the euttm property line at a width of approximtl\ely 16 feet ruruiing from the construction illte loclted at Wa.ehinaton Road to Station 70 + 25 and from Station 72 ... 80 to Stauon 8Z ... 00 as shown on the exill~il1i engineerins plans, (h) to repair lUld resurface, WI Ipeelfiod in the hcrciru~ftcr Idtmtifiod Project MAnual, the elci,tina lSlIpha!t drivOWi.1.Y with 1 inch overlay in the area ntar Wt\shinBton Road which at~ ill shown approximately betWeen Stlltions 70 + 25 ~Id 72 ;. 80 on the existing ensineerinll plan!!. (i) to include lJ\ the bid documents and contraL't awarded to the succe&it'ul bidder a rijht of flUl retu$l\.1 in favor of the party of the GTlt part to acquire 1\1\d utili%o any ..,XCClSit excavated mlLterial that may result from the trenchts dUB within the elllem~nt an:".s; ~iUcl materilU to be placed by the conttictor in a deslsn~ted location, pursuaot to an agreed upon route. on property of the pa.rty of t'he first part: G) to limit ILII initial construction wUlllation on the property to the lime period beginning June 1, 1999 and endina Stpttmlber 30, \ 999~ (k) to provide t~mporary security fencing ~l Wlluhington Road along the WC$\ern line of the con$mlCtion llfca to the building corner located near Station 72 + 00 !Ii shown on ex.ijtifli enlPneerlngplal1s. with a gate to be installt:d at the roadway near St~tion 7 \ + 00 shown on the existina Clngill~tring plan:l; (1) to con.struCt and provide. ~ specified in the ~inl1tler identifittd Project Manual, II pel1l\aJlcllt easement for ingrellll and csrces to and from tho property of the party of the first plitt licross tho public park in V1ncland Subdivision new' Stadon 80 + 60 IU shown on tJ1e ~xilllin8 engineering plw)!;. At any time hereafter. upon the request of the party of the fim part. this entrUlee Shlll be 8~tc:d and party ofthe firgt plrt will 'c-e provided II key. Additionally, shQuld the p8fty of the second purt need to place \l gate on the existing fence (which ill the prop.my oftke patty (If the first part) for inirltsJ and csre!l!l purpo:ses, it shall have the right to do &0 ItId shall fumish a k~ to the party ofttl, tirst part, this eotfllJlCe also shall be available for U:U: ll.S a consLNctiurl acceSS point durlns the construction period. No building!, pll\Yil'ound equipmtlnt or cthtst IItnlcture9 ~hall be placed on the ~lUI41ment, An appropri~te curb cut IIhall be installed Or\ Wast Vineland Road duriIl~ the initiil construction term; - , J ~, Page .4. FROM: Augusta-Utilities (~eX u~~. _ _: ,706~124123 S,'lit By: ALI:'!,..l' t a q J ehmol1Cl Adm inio" rtH J.()1 I i Jan. 31 2003 02:39PM PB (m) to proilidCllt four~inch (4') pottlbl" wllter tap on llllCl~t au 018ht inch (8") water main on the :Iouthem 5ide ofWuhingtoo Rol&d neal' the nortMut comer of the property of the party of the fiNt part at I location designated by thIS partY oftbc: first pil't; (n) to .llow th~ partY of the Drst part to regrade and utilize, at in own exp6IW"1 the lIlea., above the wate( main. between Stations 80 .to 00 and 83 + 00, U shown on tho exbtini engineerlng planll in order to ptts~rve and protect, if possible, lu wotlllllc:ls areaa Nos. 7 and 8 as shown on nid plans. (0) to be rellPon$ible fOl' the I\Ccureq of ~ survOY!J reUtd upon herein and the exiatilli enjineerilll plans identifiad herein; (p) to 4:nBllge duly licensed contractOrll experienced l1ld skilled in the installation of water main similar to that concemplat.,d horeby a.nd in the ox:ecution of any repairs, alterations Or mainlcn.nc" hereafter required; (q) to requires such contractors to be duly bondod in amounts required by the Project Manual whlch mlUlual ii Cl1l1itled "Proje-::t. MllI1Ual for Augusta Utiliti4lls Water System ImprovementS 60 Inch RAw Water Transmission Main." Slid manual was prepared by Cramton, Robertson &; WhItehurst, P, C., and dated Scptc:mbtr 11, 1993, Copi~s of same shall be maintiUned in the offices of Cran.ton, aobertJon &. Whiteh\1nt, P.C., or their ~'Uccessor and in tho Utilities Depllrtme.nt for AUiusta. C':reorgia and said mll1lual is incorporated herein Ilnd made 11 plU1 hereof. (r) to ",quire those Gootr'llCtor" by written contract, to supervise Illd direct the installation, 4\!tOfation:l and repairs using theil' best skill~ aCId to be rospoo:lible for all constn.lction means, mothods and techniques; (s) to caust: thO:le contractors, by written contract, to ust MW matarials of jood quality, free from tiults and defects,: - (t) to cawolt those contractor, to be re:lpomublo for the eets iU'\d omissions of the contractont' el11ploytl~S, subcontracton, their ligenclIlIJ\.J employees: aud lill other p~tsons performini lUly of the work. Including without limitlltlon for all aces of trespan, and to furnish tho Insurance (;ove(aa~. iocllUilnlil workers compCT\9ation in:turance, ltJS required by SlSCtion GC -2l of the Project Manual. (u) to cause tho~e contractofl.l to furrJsh ~vidence of workers compensation insurance protection for all thtir employi:lC~, subcontractors, tno;r agonts and employees perf'omuni any of the work u roquirtd by the Project Manual', Pag~ -5", ---...... . I I 1 I , I , , I l I I J FROM: Augusta-Utilities S~llt EV' 'I\UW,5t(~ iilCl\I\\OmJ ACJml',i~tr<l:lUlli ,~~Xwt'll?__: 7063124123 Jan. 3~,_2003 ,ot\. (v) to CiW5('. in contr~l;torj to hold hannlnss 3J'ld indemnify liiaiJl~t all clai~"i' workers compensll\ion chums. damage:!, IMse:l 81ul ~pel1ses, including altO" feo$, uising out of or r-b~'Ultins frOM the \:.on9uuction. inst~llltion.,'lllter.tion:J modiflcation. repalr ot m&inteJ\Ance oftM "lL$cmoot IU\d the water ma1n(~) W . , U~iY blS installed or placed therein; and 'r , :'~:. ',1~ .:"..:: ('Il.') to ce"ll.lire tho:Je contractors, by written l,;onuact, to coroply with all 8PpUcablo,;~vr:" laws zmd fejullationa, including without limitation, all snviroMmtlntaJ, lJa1\ty and ":"~ ',,' OSHA rcquirernenu and, specifioully, .U 3uch laws and rcgulatlon, gove.mlnS trcnclUn~ r.nd wor"eftJ furnishing work in trcmchell. Additionally, party of the second part ~grets 8S follows: (\) excopt in emeraenc.y ~tulltjons as ~gf~d 10 by party of tho fint part in wrir.loi, all constm<;tion repair aJ\d maintenance work ,hould be conducted within the easement l1t'ea only duona the months of Jun.!, July. August Md September. 1"h", 'written ai"'emc:nt of party of the first pan, in cmer8~cy 3LtuatlollS, shall not be unrelUOn:ably withh~ld. Plllty of the li8conO plUt cover.oms to do lIil within lu powtr to avoid any emergency work, except as may be requested by piLrty ofthv first part, during the playing of the iumw Maoters GolfToumamcnt; (1) the easement Mea is within the. cOl'lfinetl ot'th~ party of the fi:m part's privllte solf courl:Je which iircnowned fur in !l.e8nic b~uty, AJl construction work., thcrefon::, ~hWl be promptly pcrfonnccl with elll..."clI,vatiol1 arel\.S cllrefully r~plactd lU\d r.estored 50 a, to CIl\U(; that arc" (p',cl~llil,le of trees IU\d other v~ietatiQn neccs:tarily remo.."csd), upon completion of construction, repair or maint,nance work. to appear as much as ponible exactly like the uta 8pp~ared before the work,. All COJ\tractors \\no laborers engaged by pwty of the first pirt shaU cooperl1t~ wit'lffhe golf course landijcave ~upelVisor and grounds keeptit' to accomplish this purpose, (3) repa.irini lUlL! maimwnU'ft thG water line shall be condu~:tlo'ld in a careful and :Iklllful manner, avoiding unnecessa.ry d~mage to any irllSll, plAnts, llbrub$ Ot trC\!lS 8rowln~ within the eQ~tlment area; (4) nothing herein contaiMd shall prevent the party of the tinn part from ulling the easement area in a rnlU'lner not incontlistCllll with tho purposes of th" ea:l~lTlcnt grant following tht'l completion of construction, TO HAVE. AND 1'0 HOLD thIS abo\lewaranted pen1l8Mnt easement unto Ihe part)' of tho ~cond pD.lt, its succt$$Orll 4I\Q usigl1!l forever uet tn perpetuity Nc:ithcer the party oftbc tirst part, its successors or ulliWn5, lIor any o~her person or perwns c1~lTIing under them linilll at any I: I i' Pag\: -6- _. 02:40PM P10 I I I I I II II I " I I I II I II II 1I - - FROM: Augusta-Utilities FAX NO. : 7063 :)Wl( c.y:. Augcl5t" R"-::Mol\(1 Ac!lnlnlstr;;lt 101' j /UU U~, ~-, - .124123 Jan. 31 2003 tim~, by lUly means or waYjJ, have. claim of demand any right or title to the aforesaid described casement prerru$llS or I\pputtcnlncea or a.rry riiht9 theJ'eof except as :ipecified IU\d reserved herein, IN wrrNESS WHEREOf. the party of the fit,t pl4l1 has caused these presentS to be eXeCuted by its propel' ollicil\l, the clay and yer.r first above written. SIGNED, SEALED AND OELIWRE.D the date first above written. By: Aslu: SWOtn to iS~ lIUb5crib~d bcf~me uOL1ersisn~d: ------ Notary Public M " . NOl.A'Y Publio, fl\c;hmOnd COU~, ()oIot". Y COmffil:l510n EXptre3: M~ VoI1\ml"iQn t~Lr. AU" \7, ~OO'l (SEAL] Auc;US-r-,,) CItOltCtA '~ By' c.L~M'ltS: ----"'-,-~--~-~----.--.,.-- -..------.-----.. ...----' . By: AJ lt~: - ----..---...--------.-.-.'--- ,-- - . -.,.-------.-----..---. Sworn to ancl subscribed before the undersigned: .....-..--.--- ---- ..- -----~_._.... Witn-:S:I N~arY~"---~--'-- My Commlssion Expires: [SEAL 1 Pll.ge w 7. J I . . ' ~~i ~FJ~ - - f?t~ !u I'\)~ ~I Return to: Harry D. Revell 454 Greene St. REEL 644 PAGE 279 t r- 11 fT i ~ j; i !:. ;.: r F l tT i;:I;,-:!:~,.~t'IL~ C:'_!~:q. -or STAlE OF GEORGIA ) 99fiAY 18 PH 4: 49 ) ELAIN!:: c. ,JOHN~&ASEMENT ) CLERK or= SUP[f\IOR COURT COUNTY OF RICHMOND TInS INDENTURE, made and entered into this 4- day of I!/ IHJ , 199~ between AUGUSTA NATIONAL, INc., hereinafter referred to as party of the first part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as party of the second part; WITNESSETB; That party of the first part, for and in consideration of the sum ofTen ($10.00) Dollars, in hand well and truly paid by the party of the second part at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, and other valuable consideration, has granted, bargained, sold, conveyed and confirmed, and by these presents does grant, bargain, sell, convey and confirm unto the party of the second part, its successors and assigns, the herein described easements, across and through the following described property, to-wit: A permanent raw water transmission main easement approximately thirty (30) feet in width (varying) and lying generally parallel to the easternmost property or boundary line of the party of the first part which separates its property from Vineland Subdivision. Said easement consists of 85,360 square feet and is more particularly described on a ~ ( ) page Easement Plat prepared for Augusta, Georgia, by Cranston, Robertson & Whitehurst, P,c., dated October 30, 1998, a copy of which is attached hereto and incorporated herein for a more complete and accurate description of the metes, bounds courses, distances and exact location of said permanent easement. A complete set of the Plans will be maintained in the office of the Utilities Department of Augusta, Georgia and in the offices of Cranston, Robertson & Whitehurst, P,C., 452 Ellis Street, Augusta, Georgia and their successors. ALSO, a temporary construction easement adjoining the above- described permanent easement twenty (20) feet in width consisting REa 644 PAGE 280 of 55,160 square feet as is more particularly described on the above-referenced plat which is attached hereto and incorporated herein for a more complete and accurate description of the metes, bounds, courses, distances and exact location of said temporary easement. Said temporary construction easement shall expire when the raw water main construction project is complete or on September 31, 1999, whichever first occurs. A complete set of the plans for this construction project will be maintained in the office of the Utilities Department of Augusta, Georgia, and in the offices of Cranston, Robertson & Whitehurst, p.e., 452 Ellis Street, Augusta, Georgia, and the offices of their successors, Specific reference is made to sheets numbered 7, 8 and 9 on the project drawings which sheets are incorporated by reference herein for a detailed description of the metes, bounds, courses, distances and exact location of the easement hereby granted. Said plans shall be referred to herein as the "existing engineering plans." Said easements being for the purpose of laying, relaying, installing, replacing, extending, operating, repairing and maintaining pipelines transporting and carrying raw water in connection with Augusta, Georgia's project known as the Augusta 60" Raw Water Transmission Main (the "Proj ect"). TOGETHER with the right, when construction or maintenance is necessary, to dig such trenches in said easement areas as may be necessary for the Project; 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 easement areas. The party of the first part, its successors and assigns, after the completion of the project, shall have the right to use said easement areas in any manner not inconsistent or interfering with the rights herein granted, including uses associated with a golf course but excluding, however, the right to erect, construct or maintain thereon any buildings or similar permanently constructed Page -2- REEL 644 PAGE 281 improvements. The easement areas shall immediately revert to party of the first part, its successors and assigns, upon abandonment of those areas, or any portions thereof, for water main purposes. As part of the consideration for said conveyance, the party of the second part covenants as follows: (a) to cause all water which is to be transported through this easement to be contained within pipe constructed out of high quality piping materials as provided for in the Project specifications which are incorporated herein. (b) to cause the top of the pipelines to be laid a sufficient depth below the surface of the ground so as to permit the use of the surface thereof by the party of the first part for normal forestry, landscaping and access purposes; however, in the case of ravines, streams or low places on said parcel ofland, the party of the second part may install the project above the ground provided the pipeline shall be laid and maintained so as not to interfere with the natural flow of the surface water or any streams thereon; ( c) to refill the trenches it shall dig in connection with the Project so as to leave the land available and ready for ordinary purposes and the uses specified in paragraph (a) above, and upon any future extension, repair, or laying ofline or lines, construction, alteration and maintenance to leave the land in like condition; (d) to exercise the rights of installing, making repairs to and maintaining said Project in a careful and skillful manner, consistent with the good and workmanlike standard, avoiding any unnecessary damage to plants, shrubs or trees growing upon said easement areas, and in case of any unnecessary damage, to compensate the party of the first part for such damage; (e) except for the initial construction contemplated hereby, six (6) months' written notice shall be given to the party of the first part of any intention to enter upon said easement area in the exercise of the rights herein conferred except in cases of emergency in which event notice will be given as promptly as possible requesting the party of the first part's permission as provided herein; (f) to provide three raw water taps on the 60" main line to be installed, one 12" tap located near the Southernmost Station 78 + 00 as shown on the existing engineering plans, one 10" tap near Station 81 + 25 as shown on the existing Page -3- REEL 644 PAGE 282 engineering plans, and one 10" tap near Station 68 + 3 5 as shown on the existing engineering plans; (g) to replace and restore, as specified in the hereinafter identified Project Manual, the gravel road along the eastern property line at a width of approximately 16 feet running from the construction gate located at Washington Road to Station 70 + 25 and from Station 72 + 80 to Station 82 + 00 as shown on the existing engineering plans; (h) to repair and resurface, as specified in the hereinafter identified Project Manual, the existing asphalt driveway with 1 inch overlay in the area near Washington Road which area is shown approximately between Stations 70 + 25 and 72 + 80 on the existing engineering plans. (i) to include in the bid documents and contract awarded to the successful bidder a right of first refusal in favor of the party of the first part to acquire and utilize any excess excavated material that may result from the trenches dug within the easement area; said material to be placed by the contractor in a designated location, pursuant to an agreed upon route, on property of the party of the first part; G) to limit all initial construction installation on the property to the time period beginning June 1, 1999 and ending September 30, 1999; (k) to provide temporary security fencing at Washington Road along the western line of the construction area to the building corner located near Station 72 + 00 as shown on existing engineering plans, with a gate to be installed at the roadway near Station 71 + 00 shown on the existing engineering plans; (I) to construct and provide, as specified in the hereinafter identified Project Manual, a permanent easement for ingress and egress to and from the property of the party of the first part across the public park in Vineland Subdivision near Station 80 + 60 as shown on the existing engineering plans. At any time hereafter, upon the request of the party of the first part, this entrance shall be gated and party of the first part will be provided a key. Additionally, should the party of the second part need to place a gate on the existing fence (which is the property of the party of the first part) for ingress and egress purposes, it shall have the right to do so and shall furnish a key to the party of the first part, this entrance also shall be available for use as a construction access point during the construction period. No buildings, playground equipment or other structures shall be placed on the easement. An appropriate curb cut shall be installed on West Vineland Road during the initial construction term; Page -4- I " (0) (P) (q) (r) (s) (t) (u) REEL 644 PAGE 283 (m) to provide a four-inch (4") potable water tap on at least an eight inch (8") water main on the southern side of Washington Road near the northeast comer of the property of the party of the first part at a location designated by the party of the first part; (n) to allow the party of the first part to regrade and utilize, at its own expense, the area, above the water main, between Stations 80 + 00 and 83 + 00, as shown on the existing engineering plans in order to preserve and protect, if possible, its wetlands areas Nos. 7 and 8 as shown on said plans. to be responsible for the accuracy of all surveys relied upon herein and the existing engineering plans identified herein; to engage duly licensed contractors experienced and skilled in the installation of water main similar to that contemplated hereby and in the execution of any repairs, alterations or maintenance hereafter required; to require such contractors to be duly bonded in amounts required by the Project Manual which manual is entitled "Project Manual for Augusta Utilities Water System Improvements 60 Inch Raw Water Transmission Main." Said manual was prepared by Cranston, Robertson & Whitehurst, P.C., and dated September 11, 1998. Copies of same shall be maintained in the offices of Cranston, Robertson & Whitehurst, P.e., or their successor and in the Utilities Department for Augusta, Georgia and said manual is incorporated herein and made a part hereof to require those contractors, by written contract, to supervise and direct the installation, alterations and repairs using their best skills and to be responsible for all construction means, methods and techniques; to cause those contractors, by written contract, to use new materials of good quality, free from faults and defects; to cause those contractors to be responsible for the acts and omissions of the contractors' employees, subcontractors, their agents and employees, and all other persons performing any of the work, including without limitation for all acts of trespass, and to furnish the insurance coverage, including workers compensation insurance, as required by Section GC-21 of the Project Manual. to cause those contractors to furnish evidence of workers compensation insurance protection for all their employees, subcontractors, their agents and employees performing any of the work as required by the Project Manual; Page -5- REEL 644 PAGE 284 (v) to cause its contractors to hold harmless and indemnify against all claims, including workers compensation claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the construction, installation, alteration, modification, repair or maintenance of the easement and the water main(s) which may be installed or placed therein; and (w) to require those contractors, by written contract, to comply with all applicable laws and regulations, including without limitation, all environmental, safety and OSHA requirements and, specifically, all such laws and regulations governing trenching and workers furnishing work in trenches. Additionally, party of the second part agrees as follows: (1) except in emergency situations as agreed to by party of the first part in writing, all construction repair and maintenance work should be conducted within the easement area only during the months of June, July, August and September. The written agreement of party of the first part, in emergency situations, shall not be unreasonably withheld. Party of the second part covenants to do all within its power to avoid any emergency work, except as may be requested by party of the first part, during the playing of the annual Masters Golf Tournament; (2) the easement area is within the confines of the party of the first part's private golf course which is renowned for its scenic beauty. All construction work, therefore, shall be promptly performed with all excavation areas carefully replaced and restored so as to cause that area (exclusive of trees and other vegetation necessarily removed), upon completion of construction, repair or maintenance work, to appear as much as possible exactly like the area appeared before the work. All contractors and laborers engaged by party of the first part shall cooperate with the golf course landscape supervisor and grounds keeper to accomplish this purpose; (3) repairing and maintaining the water line shall be conducted in a careful and skillful manner, avoiding unnecessary damage to any grass, plants, shrubs or trees growing within the easement area; (4) nothing herein contained shall prevent the party of the first part from using the easement area in a manner not inconsistent with the purposes of the easement grant following the completion of construction. TO HAVE AND TO HOLD the above-granted permanent easement unto the party of the second part, its successors and assigns forever and in perpetuity. Neither the party of the first part, its successors or assigns, nor any other person or persons claiming under them shall at any Page -6- , ' I . . . REEL 644 PAGE 285 time, by any means or ways, have, claim or demand any right or title to the aforesaid described easement premises or appurtenances or any rights thereof except as specified and reserved herein. IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed by its proper officials the day and year first above written. SIGNED, SEALED AND DELIVERED the date first above written. Attest: As Its undersigned: Notary Public ..I .. . Notary Public, Richmond County, Geori;Y8 My Comnussion Expires: My Commission Expires Aug. 17, 2002 ,--.:.."--.. _ o."b By' c}lI" ~As'Its: cr- - By: As Its: ,:.:.:t't,.,., . [SEAL] -',.' ,,;;1", . ~':- ' .:fr.' 'J' ~ ~"" ... . J' .,r. ;..'.1 J ,--,.. " , ,; .___.. "I Sworn to and subscribed before the undersigned: jln "I( I NotaI)l;~ub1(c '~:;':'" ..; \ Mv Cbfuin.i~sion':Exp'ifes:t . .. <r' 'J . . -' - , ~ .'~ ~ -, ~CRlchmond County. GeorgIa ').ISEAt] ~ ....,,;, , on Expires Dec. 5. 2001 " ~I ~ .... : ....~:.H..'....::::r::l/ ....\u:',,,,... "Ir"""t._.!\""" Page -7- REEL 644 PAGE 286 REEL ~ PAt.lE 28Z REEL 6+f PAGE 288 I ~ 1. PLAT FOR AUGUSTA COUNTRY CLUB, INC. BY CRANSTON, ROBERTSON c!c WHITEHURST, P.C. DATED MARCH 5, 1986. 2. TOPOGRAPHIC MAP FOR AUGUSTA NATIONAL GOLF CLUB BY CRANSTON, ROBERTSON c!c WHITEHURST, P.C. DATED OCTOBER 10, 1996. ~ 1. CENTERLINE OF PROPOSED WATER UNE IS BASED ON FIELD SURVEYS. PROPERTY BOUNDARIES ARE BASE ON REFERENCES LISTED AND LIMITED FIELD WORK. 2. CENTERLINE OF PERMANENT AND TEMPORARY EASEMENT IS CENTERLINE OF WATER LINE AS CONSTRUCTED. TOTAL AREA OF TEMPORARY CONSTRUCnON EASEMENT = 55,160 SQ. FT. TOTAL AREA OF PERMANENT UnLITY EASEMENT = 85,360 SQ. FT. @ ~ 'Y", ~ ~ ~ \ ~ (C\ ,\,j) ~ ~ ./\~ :;/ \~ ,..- , \ P~UANENT Un~'1Y EASEMENT PERMANENT EASDtENT AREA - 85.360 SQ. FT. nE TEMPORARY CHAIN LINK FENCE INTO BUILDING CORNER (STA. 72+00:t) ~}O~ O\~~ SU0 \J'~O ~\~~ ~/f . \ ~ ~ (i' \6' -- 'j~ ~ ~'i- ~REPAIR (AS NEEDED) AND RESURFACE ~ EXISnNG ASPHAL T DRIVEWA Y WITH 1- OVERLA ~ TEMPORARY GA TE (STA. 70+25:t TO STA. 72+80:t) (STA. 71 +00:t) 100 L.F. -96-' TUNNEL ~s ~CC CE~ ~~ f2 ~' ~~ ~~ ~~ I ~. I I I ~ I AIR RELEASE VAL VE STA nON 67+67 ~ 2 y ~ TEMPORARY CHAIN LINK FENCE r PROPOSED 60. WA TER MAIN NEW 60- WA TER MAIN BEGIN TUNNEL STA nON 63+68 END TUNNEL l' STA nON 64+68 \.:: MANWA Y STA nON 64+85 10- TAP ,t G. ~ (EXACT LOCA nON TO BE DETERMINED IN THE FIELD) (STA. 68+ 35:t) AUGUSTA NATIONAL GOLF CLUB 19-0\ 62 2604 WASHINGTON ROAD 20' TEMPORARY CONSTRucnON EASEMENT (TYP.) 30' PERMANENT UnLITY EASEMENT (TYP.) TEMPORARY EASEMENT AREA - 52.800 SQ. FT. EASEMENT PLAT FOR (I " CONSTRUCTION ENTRANCE COORDINA TE: ACCESS ,t SECURITY WITH AUGUSTA NA nONAL GOLF CLUB SECURITY DEPT. 221/2- HORIZONTAL BEND STA nON 64+ 75 NOTE: CONTRACTOR TO IMPROVE EXISnNG ACCESS ROAD W/4- CRUSHER RUN FROM ENTRANCE TO BEGINNING OF ASPHAL T PA VEMENT. AUGUST~ GEORGIA SHOWING UTlUTY EASEMENT OVER PARCEL (COUNTY TAX MAP SHEET 19-0 PARCEL 162) LOCATED AT 2604 WASHINGTON ROAD, IN THE 88th. G. M. D. AUGUSTA, RICHMOND COUNTY, GEORGIA SCALE: 1" = 50' OCTOBER 30, 1998 50 ~~ 0 50 100 I ~ I ~ I SCALE IN FEET PREPARED BY Cranston, Robertson & Whitehurst, P.C. 452 ELLIS STREET - P. O. DRAWER 2546 - AUGUSTA, GA 30903 TELEPHONE: (706) 722-1588 ENGINEERS PLANNERS SURVEYORS SHEET 1 OF 4 97-280-31 REEL 64:. PACE 299 REEL 6~ PAGE 298 RE:EL 644 PAGE 291 REEL ~. PACE 292 REEL 64t4 l'ACE "293 REEL 644 PAGE 134 "' ..."""", ~ ~ (C\ \ ~ ~ ~ ~ ~\ \ ~\ ., \ ~ 1. PLAT FOR AUGUSTA COUNTRY CLUB. INC. BY CRANSTON. ROBERTSON" WHITEHURST. P.C. DATED ~ARCH 5. 1986. 2. TOPOGRAPHIC MAP FOR AUGUSTA NATIONAL GOLF CLUB BY CRANSTON. ROBERTSON" WHITEHURST. P.C. DATED OCTOBER 10. 1996. 10' ADDITIONAL PERMANENT EASEMENT (TYP.) SAW-CUT It REMOVE" EXISTING CURB It GUTTER , , , ~ \ l~ ,~ l~ ,:X: r- --~~ . , '". , , V) ,~ ~ ~ .~_...7~ ...-1 ~ -i (",a 1'0 ~': I , , , 10' TEMPORARY CONSTRUCTION ESM T. (TYP.) ~ 1. CENTERLINE OF PROPOSED WATER LINE IS BASED ON FIELD SURVEYS. PROPERTY BOUNDARIES ARE BASE ON REFERENCES LISTED AND L1~ITED FIELD WORK. 2. CENTERLINE OF PER~ANENT AND TE~PORARY EASE~ENT IS CENTERLINE OF WATER LINE AS CONSTRUCTED. CONTRACTOR TO CONSTRUCT DRIVE"WA Y ENTRANCE PER GA. D. O. T. STD. DWG. #6050. TOTAL AREA OF TEMPORARY CONSTRUCTION EASEMENT = 55,160 SQ. FT. TOTAL AREA OF PERMANENT UTILITY EASEMENT = 85,360 SQ. FT. PERMANENT UnUTY EASEMENT PERMANENT EASEMENT AREA - 85.360 SQ. FT. ~sc, ~ ~~G f"~\~Sf,,O s ~o~ ~o~ ~ ~O ~e ri ~ cj.~fI... ~ ;;. -r,c1 ~Q~ 9Q~. ,:C~~\~ s ~ ~~C, OU ~G~ Of" E, 0 ,~~ c~~cE-~p.-{ ~ \~ if.S-c,cI- C~~~~ ~ \~ ~U~ 0 S~ ~ O~ ~ ~ \~ ~C~ W OU0 G~ fe 'e Q V~'i- ~~S-c,. \~ @ STA TlON EQUALITY STA TlON 83+73.32 (BACK) = STA TlON 72+50 (AHEAD) 20' TEMPORARY CONSTRUCTION ESM T. ITYP. ) 10. TAP It G. lI. (EXACT LOCA TlON TO BE DETERMINED IN THE FIELD) (STA. 81+25:t) ~}o~ D\~~ SU6 \J'~O ~\~~ ~/~ ~ PERMANENT UTILITY EASEMENT (TYP.) i! TEMPORARY CONSTRUCTION ENTRANCE STA. 80+60:t NEW 60. WA TER MAIN 30' PERMANENT UTILITY EASEMENT (TYP.) AUGUSTA NATIONAL GOLF CLUB 19-0\ 62 2604 WASHINGTON ROAD ~ 20' TEMPORARY CONSTRUCTION EASEMENT (TYP.) @ TEMPORARY EASEMENT AREA - 52.800 SQ., FT. ( PROPOSED 60. WA TCR MAIN @ EASEMENT PLAT FOR ~ IMPROVE: ACCESS ROAD TO PROVIDE 16' WIDE COMPACTED 4. CRUSHER-RUN SURFACE FROM END OF ASPHAL T PA VE:MENT TO STA. 82+00:t AUGUST~ GEORGIA NO rE. LIMIT CLEARING TO AREA BETWEEN ACCESS ROAD AND FENCE SHOWING UTILITY EASE~ENT OVER PARCEL (COUNTY TAX ~AP SHEET 19-0 PARCEL 162) LOCATED AT 2604 WASHINGTON ROAD. IN THE 88th. G.~.D. AUGUSTA, RICHMOND COUNTY, GEORGIA SCALE: 1" = 50' OCTOBER 30, 1998 50 25 0 50 100 ~ II II I I SCALE IN FEET PREPARED BY Cranston, Robertson & Whitehurst, P.C. 452 EWS STREET - P.O. DRAWER 2546 - AUGUSTA, GA 30903 TELEPHONE: (706) 722-1588 ENGINEERS PLANNERS SURVEYORS SHEET 2 OF 4 97-280-32 REa 6~~ PAGE 295 . -,. REEL 644 PAGE 296 ~ 644 PAGE 297 REEL 644 PAGE 298 REEL 644 P1'CE 2.99 REEL 644 ~ 388 I , I I , ~ ~I :x: , . . · c: I _ _ _ _ _ _ -.- - :c:: --- .."L---------~- . I , .. . Vl' ~ Vl' ffi "'l -t ~ ~i ~, I , , I AUGUSTA NATIONAL GOLF CLUB 19-0\62 2604 WASHINGTON ROAD . w w . w . w I I , I , . I ~ . ,~ -.. --- -.- - 'l :x: · 'r- I ~ w-1 .." w . w.. 'I ~ "'l ~ I~ I: '0 ,.." ,~ , , , I PeRMANENT UTlUTY EASEMENT PERMANENT EASEMENT AREA - 85.360 SQ. FT. . . . 50' EXISTING RA W WA TER UNE UTlUTY EASEMENT . . ----.-.---- . !..-.-------. . . . . . . . . . . . w w . . w w w w w . . o o 12" TAP It G. ~ (EXACT LOCA TlON TO BE DETERMINED IN THE FIELD) (STA. 78+oo:t) . \ NEW 60. WA TE:R MAIN I ~ ' PROPOSED 60" WA TER MAIN ~~ Jf,.-, . 10' TEMPORARY CONSTRUCTION ESAJ T. (TYP.) TEMPORARY CONSTRUCTION ESMT. lEMPORARY EASEMENT AREA - 52.800 SQ. FT. 10' ADDITIONAL PERMANENT ESMT. 000 AUGUSTA NA TIONAL GOLF CLUB 19-0\ 62 2604 WASHINGTON ROAD ~ 1. PLAT FOR AUGUSTA COUNTRY CLUB. INC. BY CRANSTON. ROBERTSON" WHITEHURST. P.C. DATED MARCH 5, 1986. 2. TOPOGRAPHIC MAP FOR AUGUSTA NATIONAL GOlF CLUB BY CRANSTON, ROBERTSON" WHITEHURST, P.C. DATED OCTOBER 10, 1996. EASEMENT PLAT FOR AUGUSTA, GEORGIA ~ 1. CENTERUNE OF PROPOSED WATER UNE IS BASED ON FIELD SURVEYS. PROPERTY BOUNDARIES ARE BASE ON REFERENCES USTED AND UMITED FIELD WORK. 2. CENTERUNE OF PERMANENT AND TEMPORARY EASEMENT IS CENTERUNE Of WATER UNE AS CONSTRUCTED. SHOWING UTlUTY EASEMENT OVER PARCEL (COUNTY TAX MAP SHEET 19-0 PARCEL 162) LOCATED AT 2604 WASHINGTON ROAD, IN THE 88th. G.M.D. AUGUSTA, RICHMOND COUNTY, GEORGIA SCALE: 1" = 50' OCTOBER 3D, 1998 ~ ~ 0 ~ 100 I ~ II ~ SCALE IN FEET PREPARED BY Cranston, Robertson & Whitehurst, P.C. 452 ElliS STREET - P. O. ORA \\ER 2546 - AUGUSTA, GA 30903 TELEPHONE: (706) 722-1588 ENGINEERS PLANNERS SURVEYORS TOTAL AREA OF TEMPORARY CONSTRUCTION EASEMENT == 55,160 SQ. FT. TOTAL AREA OF PERMANENT UTILITY EASEMENT == 85,.360 SQ. FT. SHEET 3 OF 4 97-280-33 ~ REEL 644 PAGE 391 REEL ~ PAGE 302 RttL 644 PAGE 393 REEL 644 fACE 304 REEL 644 PAGE 385 ;'i~ & f.4 .pAf;F ~ S ,11 I , , , , ~, -::i' or--- ::t. . t::' . ~ ~ ==w , ,,. . ~ ", ~~ ~, ....., <.,., ~, ., , , , I AUGUSTA NATIONAL GOLF CLUB 19-0\ 62 2604 WASHINGTON ROAD . 45- HORIZONTAL BEND STAnON 80+85 SO' EXISTING RAW WATE!.. · --~----------------'\- .UNE UT1UTY EASEMENT _ - -.r- - - - - --. --- .....-: - - - · ......-: O~'O...... · . /S ~ y- · _._.~ ~OO~V ~ - w ~~ ...'14 - -.- 0 . w . w , ~ -- ----- ---------- \ =w w=w- . . '14- w --- --- -- --- - . . . ------- -------- -------- __ __ -- AUGUSTA COUNTRY CLUB __ __ - 3~-2\40 655 MILLEDdE ROAD . -- - -- -- -- -- NOTE: AUGUSTA NA nONAL GOLF CLUB MA Y REGRADE AND UnLIZE THE AREA ABOVE' THE WA TERLINE BETWE:EN STA. 80+00~ AND STA. 83+00~ TO PRESERVE' AND PROTECT WETLANDS AREAS NUMBERS 7 AND 8. PERUANENT UTlUTY EASEUENT PERMANENT EASEWENT AREA - 85,360 SQ. FT. 50' PERMANENT U nLI TY ESMT. (TYP. ) ~ PROPOSED 60. WI. TER UAlN 10' TEMPORARY CONS TRUC nON ESMT. (EACH SIDE) TEMPORARY CONSTRUCTION ESMT. TEMPORARY EASEWENT AREA - 52.800 SQ. FT. AUGUSTA NATIONAL GOLF CLUB 19-0\62 2604 WASHINGTON ROAD 45- HORIZONTAL BEND STAnON 83+10 EASEMENT PLAT ~ 1. PLAT FOR AUGUSTA COUNTRY CLUB, INC. BY CRANSTON. ROBERTSON & WHITEHURST. P.C. DATED MARCH 5. 1986. 2. TOPOGRAPHIC MAP FOR AUGUSTA NATIONAL GOLF CLUB BY CRANSTON. ROBERTSON ac WHITEHURST. P.C. DATED OCTOBER 10. 1996. FOR AUGUST~ GEORGIA TOTAL AREA OF TEMPORARY CONSTRucnON EASEMENT == 55,160 SQ. FT. TOTAL AREA OF PERMANENT unuTY EASEMENT == 85,360 SQ. FT. SHOWING UTILITY EASEMENT OVER PARCEL (COUNTY TAX MAP SHEET 19-0 PARCEL 162) LOCATED AT 2604 WASHINGTON ROAD. IN THE 88th. G.M.D. AUGUSTA, RICHMOND COUNTY, GEORGIA SCALE: 1" = 50' OCTOBER 3D, 1998 50 ~ 0 50 100 ~ ~ I( ~ I SCALE IN FEET PREPARED BY Cranston, Robertson & Whitehurst, P.C. 452 EWS STREET - P.O. DRAWER 2546 - AUGUSTA. GA 30903 TELEPHONE: (706) 722-1588 ENGINEERS PLANNERS SURVEYORS ~ 1. CENTERLINE OF PROPOSED WATER LINE IS BASED ON FIELD SURVEYS. PROPERTY BOUNDARIES ARE BASE ON REFERENCES LISTED AND LIMITED FIELD WORK. 2. CENTERUNE OF PERMANENT AND TEMPORARY EASEMENT IS CENTERLINE OF WATER UNE AS CONSTRUCTED. I.~ ~1f rfJMe ifos-A ~wL rri4 A.1Jr'ws - ~ k~( .{;41 {JA-6-E" ~S-[J SHEET 4 OF 4 97-280-34 R 1 ctf10HD COUNTY 4c;A SUPERIOR COURT FILED !8 MAY 1999 AT 04:49PM :17, ;vIe- Return to: Harry D. Revell 454 Greene ST. . . BEL 644 PAGE 34(' ~ It. C:: i'\ ; >: I :... ,Jl" fie L :r C! ;~~ I~ lie: i "\Ul T Y 99 MAY 18 Pt'l~: ~9 ELAI~~[ C. JOHNSON !:LERK UF SUPERIOR COURT ORIGINAL REEL RECORDED REEL 644 PAGE 347 lHP ID: 398674 STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) AMENDING DEED WHEREAS, by deed dated February 10, 1898 and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Deed Book 5H, pages 451-454, MRS. LIZZETTE J. AMME granted and conveyed to THE CITY COUNCIL OF AUGUSTA the right to lay and maintain a line of water pipe or main, and all appurtenances and privileges thereto, in Augusta, Richmond County, Georgia along a certain line fully set forth upon on a plat of the right of way showing the line of said main from The Augusta Canal to the reservoir and passing through her land for a distance of 1848 feet, more or less; and WHEREAS, the land of MRS. LIZZETTE J. AMME is fully described in a certain deed of conveyance to her from THEODORE F. ROESEL dated December 12, 1892, and recorded in said Office in Deed Book 3U, page 577; and WHEREAS, said grant included the right to construct and maintain a pipe line over an area of fifty (50) feet in width along the line designated; and REEL 644 PAGE 348 " . , . WHEREAS, WESTOVER MEMORIAL PARK, INC. is the present owner of the land above described and owns and operated a cemetery thereon; and WHEREAS, AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, operating through a Board of Commissions is the successor to THE CITY COUNCIL OF AUGUSTA; and WHEREAS, WESTOVER MEMORIAL PARK, INC., and AUGUSTA, GEORGIA have agreed to amend the provisions of said agreement in certain particulars including the reduction of the width of the easement granted by MRS. LIZZETTE J. AMME to THE CITY COUNCIL OF AUGUSTA from fifty (50) feet in width to thirty (30) feet in width in that section only of said easement which commences on the eastern boundary of property of Westover and extends in a south- westerly direction 178 feet, more or less to the western boundary of a cemetery road which is the western boundary of section 12A of said Cemetery, and the parties hereto desire to evidence said agreement in writing by amending the first above mentioned deed by this Amending Deed. NOW, THEREFORE, this Amending Deed made and entered into this -.!/!:- day of A1t1 1999 by and between WESTOVER MEMORIAL PARK, INC. and AUGUSTA, GEORGIA. WITNESSETH, that for and in consideration of the sum of $10.00 in cash paid by WESTOVER MEMORIAL PARK, INC., and AUGUSTA, GEORGIA and other good and valuable consideration set forth in an Agreement between said parties bearing a current date the parties 2 REEL 644 PAGE 349 . . hereto agree that the aforesaid deed from MRS. LIZZETTE J. AMME to THE CITY COUNCIL OF AUGUSTA is amended, as follows: 1. The width of the easement granted in said deed is reduced from fifty (50) feet to thirty (30) feet in that portion of said easement commencing on the eastern boundary of property of Westover and extending in a southwesterly direction therefrom, a distance of 178 feet, more or less, to the western edge of the paved cemetery road which runs along the western boundary of section 12A of said Cemetery, which portion of said easement as reduced, as provided for herein, is fully shown on a plat prepared by James G. Swift & Associates for Westover dated October 6, 1998 and last revised on April 12, 1999, which plat is referred to as the plat attached to the easement identified as Exhibit "C" in an Agreement between the parties hereto dated of even date, to be recorded herewith. 2. That should the City exercise its right to replace, repair or maintain said pipe or water main, it shall return the land disturbed thereby to substantially the same condition as it was prior to the work performed thereon. 3. Should the pipe on water main now located within said easement be permanently abandoned by The City as evidenced by its nonuse and a declaration to that effect adopted by its governing body then the said easement and the rights granted to The City thereunder shall terminate as of the effective date of said declaration. 4. That, except as so amended, the terms and conditions of said easement are ratified and confirmed. (SIGNATURE PAGE TO FOLLOW) 3 , . , ~ .iII ~ .. " REEL 644 PAGE 350 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective authorized Officers and their seals affixed, the day and year first above mentioned as the date of these presents. signed, sealed and delivered in Richmond County, Georgia , o~l..tll~ _' day of , ~'1:~i9?:r.;,~in/12he s ,'/.>~1 . ) ) ) ) ) ) ) ) ) ) ) My"'c~ission e?cpires on the ) 17 day of ~<<, , .:("'~. ) . MY t0~n\jt1:mnN [EXP!R. S fE~J:"", :\7 ; 1; ~m}2 " .:,", ';. Signed, sealed and delivered in Richmond County, Georgia on the !/!!--day of JJ1~ ' 1999, in the presence 0 : o ar;y,.p;ubl i , County ;"..Geo:r:g ia ~ , , Yr ; , MY~i..SS.:iO~ expires ,~:.:- day.: O~f ~t!.. ~. /~-.~ ....00 ,"" ~ ~ .-"~ . ~ '.y. c.... ......)'..... o':....'.::.. ..... ~ .. . (.... . ) ) ) ) ) ) ) ) ) ) ) on the ) ~() ) . ) "111/ ~ (, , ' 'II :,>\\" WESTOVER MEMORIAL PARK, INC. ~ .:' ~t. . '. '. .~." .'_ .,.' I I '.~~. .~ ;'."" . :...... . . . . ., ~ . - '. " " ' ~; ;.. A RICHMOND COUN1YIGA SUPERIOR COURT FILED 18 MAY 1999 AT 04:49PM 4 1-AlIc- ." . .... . ~ ~. .t. ."::'t ..... ..',_I , " . , J! ~~~L bqq ~A~t ~~b \0- ., RETURN TO: Harry D. Revell 454 Greene St. ., , .~ ..:" :\ .. ~ . ' ~ .... j' ~~" .... , ;t: I' "I I' i IS ;'J ~ ' /,'" I-'~! C f.II'..... t \i -. .. t..~!. r. t,l ! . ..... -' l, '.' L/).'J ~ / 99 t1~ Y 18 PH ~: 49 ,... ELAIi'~L C. JOHNSON "LERK or SUPEHlOH COURT ORIGINAL REEL RECORDED REEL 644 PAGE 306 WIP ID: 398671 STATE OF GEORGIA ) ) RlCHMOND COUNTY ) EASEMENT AG REEMENT THIS INDENTURE, made and entered Into this --i day of ~ 1999, between AUGUSTA COUNTRY CLUB, INC., hereinafter referred to as party of the first part, and AUGUSTA, GEORGIA, a political subdivision ofthe State of Georgia, hereinafter referred to as party of the second partj WIT N E SSE T H: That the party of the first part, for and in consideration of the sum of Fifty Thousand Five Hundred Twenty and Noll 00 ($50,520.00) Dollars, and other good and valuable consideration as hereinafter provided, in hand well and truly paid by the party of the second part at and before the sealing and delivery of these presents, 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 the party of the second part, its successors and assigns, the herein described easements, across and through the following described property, to-wit: A permanent utility easement consisting of 174,510 sq. ft. over that tract or parcel of land, lying and being in the 88th G.M.D., Richmond County, Georgia, Tax Map 34-2, Parcel 40, as REEL 644 PAGE 307 . . , , , '. shown on a plat prepared by Cranston, Robertson & Whitehurst, P.c., dated September 16, 1998, and revised October 20, 1998, attached hereto and made a part of the description herein. ALSO, a temporary construction easement consisting of 66,060 sq. ft. over that tract or parcel of land, lying and being in the 88th G.M.D., Richmond County, Georgia, Tax Map 34-2, Parcel 40, as shown on a plat prepared by Cranston, Robertson & Whitehurst, P.c., dated September 16, 1998, and revised October 20, 1998, attached hereto and made a part of the description herein. Said temporary construction easement shall expire when project construction is substantially complete or on August 1, 1999, whichever occurs first. Said easements being for the purpose of laying, relaying, installing, extending, operating, repairing and maintaining pipelines transporting and carrying raw water in connection with Augusta, Georgia's Utility Department project known as the Augusta 60" Raw Water Transmission Main (the "Project"). TOGETHER with the right, when construction or maintenance is necessary, to dig such trenches in said parcel of land as may be necessary for the project; 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 parcels of land. The party of the first part, its successors and assigns, after the completion of the project, shall have the right to use said parcels of land in any manner not inconsistent or interfering with the rights herein granted, excluding, however, the right to erect, construct - 2 - ". .... REEL 644 PAGE 308 " or maintain thereon any buildings or permanent improvements. As part of the consideration for said conveyance, the party of the second part covenants as follows: (a) To limit all initial construction for the Project, including the section of sanitary sewer line shown on the existing Project specifications which are incorporated herein, on the property to the time period beginning May 1, 1 999 and ending August 1, 1 999; (b) To cause all water which is to be transported through this easement to be contained within pipe constructed out of high quality piping materials as provided for in the Project specifications; (c) To cause the top of the pipelines to be laid a sufficient depth below the surface of the ground so as to permit the use of the surface thereof by the party of the first part for normal golf course purposes; (d) To refill and repair the trenches it shall dig in connection with the Project so as to restore and leave the land and golf course available and ready for golf course purposes consistent with its present use utilizing the services of a golf course contractor acceptable to the party of the first part to restore and repair the bent grass sod and other areas of the golf course to the reasonable satisfaction of Augusta County Club's Golf Course Superintendent. Upon any future extension or laying of line or lines, repairs, renovation, alterations, such work will be done so as to leave the land in like condition; - 3 - REEL 644 PAGE 309 (e) To take extra precaution to schedule the work so as to maintain the use of Augusta County Club's irrigation lines without interruption for more than eight (8) hours at anyone time, except in unforeseen or emergency circumstances; (f) To provide adequate crossings through the construction site for golf course maintenance, equipment, personnel and players; (g) To provide access to the halfway house at all times during normal course operating hours during the period of construction; (h) To provide a 12 inch water tap at a location to be designated by Augusta Country Club; (i) To replace the existing chain link fence along the property line at Westover Cemetery with a new fence of similar quality and type construction; (j) To line the banks of Rae's Creek with mattress gabians rather than rip- rapi (k) To locate and identify all existing utilities on the property of Augusta Country Club before construction commences at no cost to Augusta Country Club. (I) To construct and maintain the Project in a careful and skillful manner, avoiding any unnecessary damage to turf, plants, shrubs or trees growing upon said parcel of land, and in case of any unnecessary or avoidable damage, to compensate the party of the first part for such damage or repair same; and - 4 - REEL 644 PAGE 310 ",' . .. , , . . \ . (m) To give reasonable notice to the party of the first part of its intentions to enter upon said parcel of land in the exercise of the rights herein conferred except in cases of emergency. Additionally, the parties hereto acknowledge that the value of the easement granted herein is dIfficult to determine with any reasonable degree of certainty owing to the special nature of the property taken and further acknowledge that the value of raw water used presently and in the future by the party of the first part is difficult to determine with any reasonable degree of certainty. Accordingly, the parties hereby agree that the party of the first part shall be entitled to continue drawing and using raw water from the existing thirty (30") inch raw water line as well as from the new sixty (60") inch raw water transmission main to be constructed in the Project for the sole purpose of watering its grasses and plants at the same flat monthly fee which the party of the first part is now paying to the party of the second part. In the future, should the party of the second part place meters on its raw water lines and begin charging users thereof based on the amount of raw water used, the parties hereto shall negotiate in good faith to establish a fair and equitable rate for such raw water with due consideration being given to this agreement and the rates established for other users of raw water. TO HAVE AND TO HOLD the above granted permanent easement unto the party of the second part, its licensees, agents, successors, assigns, and allied and associated - 5 - REEL 644 PAGE 311 . . . . , , , : '. . ~ . governmental units forever and in perpetuity. Neither the party of the first part, its successors or assigns, nor any other person or persons claiming under them shall at any time, by any means or ways, have, claim or demand any right or title to the aforesaid described premises or appurtenances or any rights thereof. IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed by its proper officials the day and year first above written. SIGNED, SEALED AND DELIVERED AUGUSTA COUNTRY CLUB, INC. (L.S.) SIGNED, SEALED AND DEliVERED (L.S.) C .. . . -.-.. Atctlmond countY, Georgia My ommlSSlon eXPlr~l)A EyplreS Dec. 5. 2001. - 6 - }AfaE 312 REEL 644 IWiE Ji3 REEL 644 PAGE 314 TEMPORARY EASEMENT AREA - 7.890 SQ. FT. PERMANENT UnUTY EASEMENT PERMANENT EASEMENT AREA - 22,010 SQ. FT. ~ 1. PLAT FOR AUGUSTA COUNTRY CLUB. INC. BY CRANSTON, ROBERTSON '" WHITEHURST, P.C. DATED MARCH 5. 1986. 2. TOPOGRAPHIC MAP FOR AUGUSTA NATIONAL GOLF CLUB BY CRANSTON, ROBERTSON & WHITEHURST. P.C. DATED OCTOBER 10. 1996. 3. PLAT FOR AUGUSTA COUNTRY CLUB BY CRANSTON, ROBERTSON c!c WHITEHURST, P.C. DATED JANUARY 19. 1986. l:!QIES..; 1. CENTERLINE OF PROPOSED WATER LINE IS BASED ON FIELD SURVEYS. PROPERTY BOUNDARIES ARE BASE ON REFERENCES LISTED AND LIMITED FIELD WORK. 2. CENTERLINE OF PERMANENT AND TEMPORARY EASEMENT IS CENTERLINE OF WATER LINE AS CONSTRUCTED. TEMPORARY CONSTRUCnON ESlJT. TEMPORARY EASEMENT AREA - 7.360 SQ. FT. WESTOVER MEMORIAL PARK, INC. 26-3\ 1 2601 WHEELER ROAD TOTAL AREA OF PERMANENT CONSTRUCnON EASEMENT = 174,510 SQ. FT. TOTAL AREA OF TEMPORARY CONS TRue nON EASEMENT = 66,060 SQ. FT. AUGUSTA COUNTRY CLUB 3"'- 2\ ...0 655 MILLEDGE ROAD TEMPORARY CONSTRUcnON ESIIT. TEMPORARY EASEMENT AREA - 7.950 SQ. FT. PERMANENT unuTY EASEMENT PERMANENT EASEMENT AREA - 113.160 SQ. FT. PERMANENT unuTY EASEMENT PERMANENT EASEMENT AREA - 39.340 SQ. FT. TEMPORARY EASEMENT AREA - 26,860 SQ. FT. AUGUSTA COUNTRY CLUB 3"'- 2\ 40 655 MILLEDGE ROAD ( PROPOSED 60. WA TER MAIN EASEMENT PLAT FOR ( PROPOSED 30. SANITARY SEItER AUGUSTA umITIES REEL 644 PAGE 315 SHOWING UTILITY EASEMENT OVER PARCEL (COUNTY TAX MAP SHEET 34-2 PARCEL *40) LOCATED AT 655 MILLEDGE ROAD, IN THE 88th. G.M.D. AUGUSTA, RICHMOND COUNTY, GEORGIA SCALE: 1" = 200' SEPTEMBER 16. 1998 200 100 0 200 400 REV. 10/20/98 I I ~ ~ , SCALE IN FEET PREPARED BY Cranston, Robertson & Whitehurst. P.C. AUGUSTA NATIONAL GOLF CLUB 19-0\62 2604 WASHINGTON ROAD ---. 452 EWS STREET - P. O. DRAWER 2546 - AUGUSTA, GA 30903 TELEPHONE: (706) 722-1588 ENGINEERS PLANNERS SURVEYORS 97 - 280- 24 REEL 644 PAGE 316 REEl.. 644 PAGE 317 RICtfOI) roJfTY J ~Sl.RRIOR CCXJRT FILED f8 MA'{' 1999 AT 04:49PM IJ-, v I '- ~ ~ ---- ~ ~ ~ 0::::.. ~ ~ '---.J ~ '^ ::s <.J:, :s;' ~ o. f' . , . . 4^'~ ~~n - - CG'lZ -t~ W~70 ~~~ N(oJ:lO ....1TI cog ~ REEL 644 PAGE 318 ?,ETUi'.N TO: Harry Ii. Revell 454. Greene St. , r .. " ~ I l ~~; ;. t ~ ~ I ~ ,: '~~!;-! ~~' !.: [,1'_. ~ I ~-: . , : t ~ L ~~ ~ h ; '( 99j:jAY 18 Pi1~: 49 STATE OF GEORGIA fLAIH;:: c. ,JCHfj~.lON }~LERK or sur U\IQR COURT ) AGREEMENT ) COUNTY OF RICHMOND WHEREAS, AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as "the City", entered into an Agreement with WESTOVER MEMORIAL PARK, INC., a Georgia non-profit corporation, hereinafter referred to as "Westover" in which those parties mutually agreed to grant and convey certain rights, easements and interests in real estate one to the other; and WHEREAS, the City and Westover desire to reduce to writing in this Agreement their mutual promises and obligations. NOW, THEREFORE, THIS AGREEMENT made and entered into this .i- day of ~ 1999, by and between the City and Westover; WITNESSETH that, for and in consideration of the mutual promises and obligations of the parties one to the other herein set forth, and the payment of $ 1.00 in cash by Westover paid to the City, the receipt of which is hereby acknowledged, the parties agree as follows: ( 1 ) That the City shall cause to be constructed and completed a raw water line in a pipe with an interior diameter of approximately sixty (60") inches (the 60" Raw Water Line Project") from its pumping station located on the Augusta Canal to its reservoirs or water filter plant located on the northwest corner of Highland Avenue and Central Avenue in Augusta, Richmond County, Georgia. (2) That Westover has acquired the title to property known under the REEL 644 PAGE 319 " present system of house numbering in Augusta, Richmond County, Georgia, as 2594 Allen Street, (the "Allen Street property") and has caused the improvements thereon to be removed. (3) That Westover shall grant and donate at no cost to the City a temporary construction easement consisting of two (2) parcels of land totalling 1,430 square feet and a permanent utility easement consisting of three (3) parcels of land totalling 11,180 square feet for the construction, installation and maintenance of said Raw Water Line Project on and across the Allen Street property and its other property in the easement areas shown more particularly on plat for Augusta Utilities prepared by Cranston, Robertson & Whitehurst, P.c. dated September 16, 1998, revised January 27, 1999 and which is attached to a grant of easement from Westover to the City to be recorded herewith and which is attached hereto as Exhibit "A". During the period of construction, the City shall have the right to remove any fencing presently located within said easement areas and erect a temporary fence within the easement area. Upon completion of construction, the City shall, at its sole expense, remove any temporary fencing and place a new permanent chain link fence six (6) feet in height with three strands of barbed wire along the top thereof within the easement area and along the other property of Westover, running generally along the eastern edge of the concrete ditch and flume near Westover's eastern property line so as to connect the new fence with the existing fencing located along the eastern edge of said flume. The 60" pipe will be located and constructed so that no portion of the new 60" pipe will be under the fence after construction is complete. ( 4) That said right-of-way utility easements referenced in paragraph 3 above 2 REEL 644 PAGE 320 shall be in writing and shall contain the usual and customary language found in such easements together with reservations in favor of Westover as to the Allen Street property and access thereto which is hereinafter described. (5) That in the year 1927 Westover granted to the City, without cost to it, a ten (10') foot wide easement in which the City constructed a sanitary sewer line in Richmond County, Georgia from Berckmans Road in an easterly direction across property of Westover to property of Augusta County Club in exchange for the right of Westover to draw raw water from the City's thirty (30") inch raw water line which then and now traverses the property of Westover after the City installed the necessary valves on said line to permit Westover to withdraw raw water therefrom A copy of the 1927 letter from Westover is attached hereto as Exhibit "B". (6) That the City constructed said sanitary sewer line and performed its obligations set forth in said letter but failed to obtain in writing the easement offered by Westover. (7) That Westover has caused said existing sanitary sewer line to be surveyed and platted by James G. Swift & Associates, a plat of survey made thereof dated October 6, 1998, last revised April 12, 1999, a copy of which is attached to the easement shown as Exhibit "C" hereof. Westover shall execute and deliver to the City said easement in order to provide the City with a permanent right-of-way for the continued operation and maintenance of said existing sewer line. (8) That said twenty (20') foot sanitary sewer line easement shall provide that transfers of burial rights heretofore granted by Westover within or encroaching upon said 3 REEL 644 PAGE 321 right of way, if any, shall not be in violation of the rights therein granted. (9) That Westover shall be entitled to continue drawing raw water from said thirty (30") inch raw water line for the sole purpose of watering its grasses and plants and shall continue to pay the City the same flat monthly fee it now pays to the Cityj subject, however, to the right of the City to abandon the same and to install meters on its raw water line as set forth in paragraph 11 hereof. (10) That the City will construct and provide at no cost to Westover two 6" taps on the new 60" raw water main, one near station 11 7 + 07 and the second near station 124+ SO, both as shown on the existing engineering plansj Westover shall be permitted to connect onto one or both 6" taps at its sole expense. ( 11 ) That should the City discontinue the use of said 30" raw water main and rely instead upon the aforesaid sixty (60") inch raw water main, the City shall permit Westover to withdraw water therefrom for continued use in watering the grass and plants on its Cemetery property. Should the City place meters on its raw water lines and charge users thereof based on the amount of raw water used, the City and Westover shall negotiate in good faith to establish a fair and equitable rate with due consideration being given to the 1 9 2 7 letter agreement, this Agreement and the rates charged to the other users of raw water in the immediate vicinity such as the Augusta National Golf Club and the Augusta Country Club. (12) That the permanent utility easement granted to the City by Westover for the construction of the sixty (60") inch Raw Water Line Project shall reserve to Westover 4 REEL 644 PAGE 322 the right to go upon and cross said utility easement as a means of egress and ingress from its present Cemetery property now enclosed within its chain link security fence to its aforesaid newly acquired Allen Street property and such other property contiguous to said Allen Street property as it may later acquire. Said easement shall further reserve unto Westover the right to maintain the new fencing described in paragraph 3 above. (13) That in further consideration ofthe execution and delivery by Westover to the City of a utility easement for the construction and maintenance of said sixty (60") inch Raw Water Line Project, the City does hereby grant unto Westover the right, in perpetuity, to construct, use and maintain at its sole cost and expense a bridge or crossing for pedestrian and vehicular traffic over the concrete flume and stonn water main therein located between the presently enclosed property of Westover west of Monte Sa no Avenue and its newly acquired Allen Street property which flume is sometimes referred to as Monte Sano Avenue Extension. The City shall have the prior right to review and approve the engineering plans for such bridge or crossing, provided, however, that such review and approval is reasonable and will pennit Westover to construct and maintain said bridge or crossing at a reasonable but not excessive cost. It is understood and agreed that the purpose of said bridge or crossing is to pennit funeral processions to attend funerals at grave sites that may hereafter be owned by Westover east of its present eastern boundary. The City by these presents also grants to Westover the right to enclose its newly acquired Allen Street property with chain link fencing and that portion of the flume which lies north of an extension westward of the north edge of the right-of-way of Allen Street to property of Westover 5 REEL 644 PAGE 323 together with property contiguous thereto in which Westover may acquire an interest. The bridge and/or crossing connecting property of Westover to its Allen Street property shall be so constructed as not to interfere with the construction, maintenance and purpose of said flume, storm water main or said sixty (60") inch Raw Water Line Project. The right acquired hereby by Westover to fence in such property shall be subject to the City's reasonable right of access thereto for the purpose of maintaining such flume and pipe lines, which access shall be provided by Westover. (14) That Tax Map 26-3 of the City shows Lots 2 through 5 and Lots 10 through 12 in a block of land bounded north by Westover Street (which has never been opened), east by an unnamed alley which has not been completely opened, south by Allen Street and west by Monte Sano Avenue. To make this land useful to Westover and others, the City, with the consent of abutting property owners, if required, shall close and abandon a portion of Monte Sa no Avenue Extension as a public street north of Allen Street, and convert said strip of Monte Sano Avenue into a part of its storm water system, but not as a public street and extension of Monte Sano Avenue. Likewise, the City shall close and abandon the northern portion of the unnamed alley which is not presently open, being generally located north of the last occupied residence presently on the unnamed alley. ( 1 5) That contemporaneously with the execution and delivery of an easement from Westover to the City conveying an easement for the installation and maintenance of said proposed sixty (60") inch raw water line as aforesaid, the City and Westover shall amend the easement granted by Lizitte]. Amme to the City Council of Augusta, dated February 10, 6 REEL 644 PAGE 324 1898, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 5-H, page 451, so that the width of such easement shall be reduced from fifty (50') feet to thirty (30') feet in that section of said easement beginning on the eastern boundary of property of Westover where said easement enters the property of Westover and extending in a southwest direction across Section 12A of Westover Cemetery to the western edge of the Cemetery road which is the western boundary of said Section 12A as shown on a plat of said Section 12A recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 564, page 2224. ( 16) That Westover on July 2, 1986, executed and delivered to The City Council of Augusta an easement in perpetuity over and across land lying along its eastern boundary for the purpose of laying, relaying, installing, operating and repairing pipelines, transporting and carrying utility services, said easement being shown on a plat by Charles T. Dillard, dated May 23, 1986, and recorded in said Clerk's office in Realty Reel 236 at page 1114. Thereafter, Westover caused to be developed into burial spaces, land along its eastern boundary and caused a plat thereof to be prepared by James G. Swift & Associates, which plat designates Westover's Section 12A and is recorded in said Clerk's office in Realty Reel 564, page 2224. It has now been determined that several burial lots in said Section 12A encroach upon the City's easement as shown on the plat attached to Exhibit "C" hereof. To eliminate the encroachment, the City has agreed to quitclaim and convey back to Westover 4,010 square feet of its easement for utility services, which 4,010 square feet is shown and highlighted on said plat. 7 REEl 644 PAGE 325 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officers and their corporate seals affixed the day and year first above mentioned as the date of these presents. SIGNED, SEALED AND DELIVERED ) in ~'of: ) r/~~~ ~ (Unofficial Witness) ) .'~4.~ ) ,~N:0T~y'PUBLlC, ~ ~ '"-> ) " -- ) ~. - L_l ; . ~. . -' . My CdJi1missio~ expires ~ - ~ - ~ t) a ~ .", , ., ., . . SIGNED, SEALED AND DELIVERED ) in the presence of: ) 'I?~tJ Ynf}2~ l By ~(Unoffi.. itneS~S) ~ .. . ) ," ~JARY_PU I , ) - '; >"'. _ .','. .,..-:~...,..~ ~Rlct\fnon~ coun'CY. Georgia ~A 'C .;. . : . . I:vnires Dee 5 2001 ~ rlY Omml$SI~n ~xplres " on --.. ' ... '.. \, "'\t' 'j. ~ \ . ; \,'::, Q .: \ r'" g , . I " ~ r~ _ C ,- , \,; . .. \~;>>:~...~..~ ::::<~<..::~/~ /.r/I,'-'..', I~ ;',J'.\\' \.....' '!, . . f ,,', ~', I.\.'l.l;"t"" .~~t{.~.ft1 8 REEL 644 PAGE 326 STATE OF GEORGIA ) ) RICHMOND COUNTY ) EASEMENT .~ THIS INDENTURE, made and entered into this ~ day of 1Y-.D' 1999, between WESTOVER MEMORIAL PARK, INC., hereinafter referred to as party of the first part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as party of the second part; WIT N E SSE T H: That the party of the first part, for and in consideration of the agreement between the parties of even date, and other good and valuable consideration, in hand well and truly paid by the party of the second part at and before the sealing and delivery of these presents, 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 the party of the second part, its successors and assigns, an easement in perpetuity, across and through the following described property, to-wit: A permanent utility easement consisting of three (3) parcels of land totalling t 1, 1 80 sq. ft. over and upon that tract or parcel of land in the 88th GMD, Richmond County, Georgia, Tax Map 26-3, Parcel 1, said three parcels of land being shown and delineated on a plat prepared by Cranston, Robertson & Whitehurst, P.c., dated September 16, 1998, last revised January 27, 1999, a copy of which is attached hereto and made a part of the description herein. EXHIBIT "A" REEL 644 PAGE 327 ALSO, a temporary construction easement consisting of two (2) parcels of land totalling t ,430 sq. ft. over and upon that tract or parcel of land, lying and being in the 88th G.M.D., Richmond County, Georgia, Tax Map 26-3, Parcel t, said two (2) parcels of land being shown on a plat prepared by Cranston, Robertson & Whitehurst, P.c., dated September t 6, 1998, and last revised January 27, 1999, attached hereto and made a part of the description herein. Said temporary construction easement shall expire when project construction is substantially complete or on December 31, 1999, whichever occurs first. Said easements being for the purpose of laying, relaying, installing, extending, operating, repairing and maintaining pipelines transporting and carrying raw water in connection with Augusta, Georgia's Utility Department project known as the Augusta 60" Raw Water Transmission Main (the "Project"). TOGETHER with the right, when construction or maintenance is necessary, to dig such trenches in said five (5) parcels of land as may be necessary for the project; 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 five parcels of land. The party of the first part, its successors and assigns, after the completion of the project, shall have the right to use said parcels of land in any manner not inconsistent or interfering with the rights herein granted, excluding, however, the right to erect, construct or maintain thereon any buildings or permanent improvements other than a bridge or crossing for pedestrians and/or vehicular traffic spanning the concrete flume and the storm water main therein located and designated on the current tax maps of the party of the second part as Monte Sa no Avenue Extension and the raw water line to be constructed through the - 2 - REEL 644 PAGE 328 Project as well as the easement in which it is located as shown on the attached plat. The party of the first part reserves unto itself, however, the right to maintain a chain link fence (which shall be installed at the party of the second part's expense) within said five (5) parcels of land at a location generally along the eastern contour of the concrete ditch and flume located near the eastern boundary line of property of the party of the first part. The precise location of said fencing along the eastern contour of the concrete ditch and flume shall be detennined by the parties so as not to interfere with the rights conveyed hereunder. TO HAVE AND TO HOLD the above granted easements unto the party of the second part, its licensees, agents, successors, assigns, and allied and associated governmental units forever and in perpetuity. Neither the party of the first part, its successors or assigns, nor any other person or persons claiming under them shall at any time, by any means or ways, have, claim or demand any right or title to the aforesaid described premises or appurtenances or any rights thereof. IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed by its proper officials the day ilnd year first above written. --:""r:-b .. ~,..;~v .~, . . , WESTOVER MEMORIAL PARK, ..~.:.~ec":,~.o~~:;~:/ . - '1 _ INC. (L.S.) ;' --'/ ':"-J(Y" 'h _~_ 5 J -\J--'.,C- t: ::- ..:.c'...a 1Jk~) C ~ By ~ ~; ~":>,' ~ ~;-~~~~?~(l ), -C.,).t-_ ,v-~...~ '". 1// t I ~:~ ~~"'" . ,,:,,::-'=' ....4'~; _ ~ '.) i' ~.' r., ',. SIGNED, SEALED AND DELIVERED in the p.reS?eDc. .~. -.' ; Ice, fJ~ ;.' fi. Witness) FEP ':,~ M\I ' ;.:::J,., .. ..3 t , . '''<;;l - 3 - :/ EXHIBIT "B,1t REEl 644 P~329 I ~ ~ - May 24, 1927 Mr. R. H. Daniel, Mayor, City of Auguata, Augusta, Goorgia. Dear Mr. Mayor:- In re our cOnTersB.t1on thie mornine, abol1t tho tap and wator for \'{ostoTer Cemetery. As President or Westover Cemetery, I obli- gate the Company to deed to the City or Augusta a ten toot atrip or land from Highland Avenue to the ,Country Club through the Ceme- 'tery property, the location or which having Rlrenrly been dse:l.g- nated to Mr. Flythe, by the City Engineers, and will actept in raymont of said strip of land the inBtallation of a meter rnenBur- ing unfiltored water, the tap of the wator main, and the rlacing of a jacket on 8amB, paasing through the cBJTletery property, from the f-UIIlFing station, to the H.ul reBemir. The USA of t.his water by the Cemeyery Company to be paid tor at thA rata of .05 cents ler one thousand gallons. ....' , It is my underet.lUXi1rtg that this tap is to be made immediately, and deed to!alU.:ci right of way will be [l\(\de to tho City or Augusta, a8 800n as you can have it prepared and delivered to us tor execution. Tha..nking you, and appreniating the promptness wi th which this matter ill to be handled, I 8.ll\, Yours ~flrv t.rv1.y, ~RSTOVEP ~, hTKRY By " ! REEL 644 PAGE 330 STATE OF GEORGIA ) ) ) SANITARY SEWER EASEMENT RICHMOND COUNTY p- THIS INDENTURE, made and entered into this L day of ~~ 1999, between WESTOVER MEMORIAL PARK, INC., hereinafter referred to as party of the first part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as party of the second part; WIT N E SSE T H: That the party of the first part, for and in consideration of the agreement between the parties of even date, and other good and valuable consideration, in hand well and truly paid by the party of the second part at and before the sealing and delivery of these presents, 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 the party of the second part, its successors and assigns, an easement in perpetuity, across and through the following described property, to-wit: A sanitary sewer easement twenty (20) feet in width extending from the western boundary of property of the party of the first part in Richmond County, Georgia, which property lies in the northeast intersection of Wheeler and Berckman Roads, and extending from said western boundary in an easterly direction EXHIBIT "e" REEL 644 PAGE 331 across the property of the first part to property of Augusta Country Club, all as shown on a plat prepared by James G. Swift & Associates, dated October 6, 1998 and last revised April 12, 1999, which plat is attached to an agreement between the parties hereto, dated of even date, to be recorded herewith. A sanitary sewer line was installed within said easement a number of years ago and this easement is given to document the right of the party of the second part to operate and maintain said sanitary sewer line. Said easement being for the purpose of relaying, operating, repairing and maintaining the pipeline transporting and carrying sewage in connection with Augusta, Georgia's sanitary sewer system. The party of the first part, its successors and assigns, reserves the right to use the land within the easement in any manner not inconsistent or interfering with the rights herein granted. The transfer of burial rights heretofore granted, if any, by the party of the first part within or encroaching upon said right of way shall not be in violation of the rights herein granted. TO HAVE AND TO HOLD the above granted easement unto the party of the second part, its licensees, agents, successors, assigns, and allied and associated governmental units forever and in perpetuity. (SIGNATURE PAGE TO FOLLOW) 2 . . REa 644 PAGE 332 IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed by its proper officials the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of: ~ (Un . dill:::.. ~.)~.~ ': 0 A \PUBLlC,' . County, Georgia .... My Comr.rii$~ion expires: '~. . .''':'. ' ~.( ..~~. / '7~ !.L{)D.:L. " ", t. '. \.." .' ..~. .....f..ri.,C"'~ ...,.......,...," ~"O _ ,11ft I ->J. "'.' :".L. IQ.\1 IRES FE~r;~: .IW i 7, 2i102 ) ) ) ) ) ) ) ) ) ) ) ) ) WESTOVER MEMORIAL PARl<i-.l~'C::> /0.);:; :'--~. . 1;,,:1 . . ! Co <" ~, ~~ .~" . ,: ~ ~ ~~j ~j E ~.""-- " 7'i,."\,\".b.} .~/7 ':lC~:{/ 3 .-J .-J ~ :z .:( u Ul .-J lLJ .:( :L: U ..... ::IE: m 0") 0") ...... CD an to ...... (:) ...... 0") C\J c: to J ..... "- LL C7' ~ 'C an C\J Cl.. W I o CD C\J ,..... en ,./ o o .:( u o ~ ::> .:( ,./ c: ..... to % "- OJ ~ to :K to ~ en :::7 en :::7 .:( o CD C\J ,..... 0") ,./ ,..... Jl en ...... ,./ ~ c_ (,.J ,./ i!' 1'DfIIANENT U7I.ITY EASEMENT I PERMMDtT EASEMENT . MEA · 5,340 so. ". REEL 644 .,JWiE 333 ~ 1. PLAT FOR AUGUSTA COUNTRY a.U8, INC. BY CRANSlON, ROBERTSON IE WHITEHURST, P.C. DAltO MARCH ~. 1988. 2. TOPOGRAPHIC MAP FOR AUGUSTA NAnoNAL 00lf' a.UlIY CRANS'roN, ROBERTSON IE MlEHURST, P.C. DAlEO OCTOBER 10, 1 lie. 3. PlAT FOR AUGUSTA COUNTRY a..uI BY CRANSTON, ROBERTSON a WHllEHURST, P.C. DATED JANUARY 19. 1988. 4. MAP FOR WESTOVER MEMORIAL PARK BY JAMES G. SWIFT . ASSOCIAlES DAlEO JANUARY I, 1118. ~ 1. CENTERlINE OF PROPOSED WAn LINE IS 8ASED ON FnD SURVEYS. PROPERTY BOUNDARIES ARE BASE ON ~,.t.~rtCES USlED AND UMlTED FIELD WORK. 2. CENTERlINE OF PERMANENT AND l'EMPORARY EASDfENT IS CENTERLINE OF WATER UNE AS CONSTRUCTED, UNLESS OTHERWISE NOTED. AutJUSTA COfJImfY CLUI ~;-~40 lee ROAD \ \ \ . . . 1..IW1S OF T U1VTY EA..,.", ALONtJ J OF CONCIfC1C DITCH .... .......... ........... .!......... . . . . . . . . . . . .., o J!MIIt.RMY CONS1RUC7ION DM . 11BIPOItAItY EASODT I . NtEA · 130 SQ.". , . 1'DffINItNT IJ1Vrr EASEllEN.T I PERMANENT EASODT . MEA . 5,510 so. "- LM'I'S OF 1'DfIIANENT u1IJrr ~ ' J!MIIt.RMY COIIS1JfUC1ION EASEMENT, ALONfJ E'DQE OF ~ 1f. Dl7CH. 1'DfIIANENT U1IJTY CASEJlENT I PERMANENT WEMENT I MEA · J30 SQ.". '. TOTAL AReA OF PONANOiT UT1UTY CASDENT - 11,130 SQ. n: TOTAL AReA OF TFMPORARY CONSTRUC77ON EASDENT - 1,4030 SQ. FT. REEL &M' IWiE 336 t1I.D I.OT t.M'\ . 2nd. A VeNUe (i2) 13 e @ 16 @ @ ~~~ ~W REEL 644 fMiE 3jM ~y CONS71ftJC71ON ESItIT. I~~~I ...... ~ ~ l_ CI) @ ~ - .. . . . ..... -- 1 KSrovm CDtE., e.lty ~1~1 2801 ROAD - REEL 644 PAGE ~ .... " - @ . . - . . MONTE · SA NO A VCNue' _ . . -. ... '. - . - . REEL &M PAGE 337 . EASEMENT PLAT FOR AUGUSTA umITIES SHO~C Ul1UTY EASEMENT OVER PARCEL. (COUNTY TAX MAP SHEET 28-3 PARCEL ~11) LOCATED AT 2801 WHEELER ROAD, IN nt 88th. G.M.O. AUGUSTA, RICHMOND COUNTY, GEORGIA SCALE: 1" - 100' SEPTEMBER 16, 1998 1~ i " r=:f: SCALE IN FEET ALLEN SlREET PREPARED BY Cranston, Robertson &: Whitehurst, p.e. 452 ELLIS STREET - P. O. DRAWER 2~ - AUGUSTA. GA 30103 lElEPHONE: (708) 722-1_ ENGtNEEftS PLANNERS SUINEVORS '7-210- 25 PEEL &M PACE 338 REEL 64tt PAGI 339 REEl.. 644 "JWiE348 REEL 644 PAGE ~J 18.SS , \,- _ ::b:sE~D -4~~-r-Y\\- \. \. \ S!l---r- \\ \ \ ' \ \ " ,\ I \ ~ ~ z \ " " " \ \. \ \ U _l J \ ~ ~l ~ \ \ J 1f \ 988~ J ~ - \ I/'l ~ ~ S lo-~4 -'-- - - MH) \\ ~ ... - 90'(1"\E TO ell NO \ 71MON'fE SA \ NOTES: 1. THIS SURVEY WAS PERfOR~ED ON AUGUST 19. '997 v.tTH A 5 SECOND ll-tEOOOUTE. AN E.D.t4.. AND A 200' TAPE. 2. THIS PROPERTY DOES NOT UE WIHIN A DESIGN A TED 100 YEAR FLOOD PLAIN. 3. THIS SURVEY WAS PERFOR~EO RAOJAU. Y. NO ADJUSTNENT MADE. 4. THIS PROPERTY IS SUB"ECT TO DRAINAGE AND UTILITY EASEMENTS IN FAYOO. Of THE CITY Of AUGUSTA. S 1 sr-29' 12" If --.-. --110.06'-- --,\ S 24-45 t 40" E - -'--' --_._._._---~\ 89.7g' ", C1;"'" ---- ~~ --- \1' -,*'~ -- -- -- ~. / \ \ \,U' / / ~ \~~~ / / ~ ~ \ \A ~ 'A .... / / ~~. \v~.~~ ~ I ~.. \ ,\ /... " ,~ \ \~ ~. ~ , !---- ~. ~. \~ / ~ V"~... /" -.......... l' p) EXIST SAN t.fH / ft\ , -............, I IV') ~ _ -' I ..... I I ' 'J) , ~\o"" !hJ \N $J \'1- \ \\. '\.1 , .... 10 / ~). "49 J I ............... lli:) I \ ro;' --::\- ~ " I / ' -............ ;!) \ ~_ I \ ~-:" ~;;- r2-1 \ -~f'\ / / I / .~\. ._~ __~'\"JV / , , Lrl I ~ r -- - \ \..--- I ' 2" tJ , I I .\~- - -t- ~.5' ~ ! 07'50 ~ I' \'-' \ r\ S..-~ 'I" \ \\ 1 ~2 , ,~ ~~2\\\ ~-' , I I f:'i ~. <:'\ \\ ,..,. I (;j , ~ , \----~;' (::t.~~'-- _~ ,',..:,' "') r , tp..;?--:;';- ~....' -- '}..O .,/'" ~ ,_ I \...~ /Jf ' ~ , ,;r / I / '/' -. I' / ~t' kJ / / /t '- fI1 I / ' rv,..,. .).. I . , .. "'> ;I! ~ II/P/f ~ ,'Il::?/:? I '/ / ~~ CIj , I b /1/ ~ 7' " I,' <..> - ~ I' , ,J........ ",,)1., ,,' ,.,J..J ~ ,," /" " ,," ,,/ ",," EXIST ,,"~,/' ",." , SAN NH " ~~." \\ ,,"" 7',," Oil. ,," -",~,," .-.1 1: ",., ...... ..."... ,,/ ,,." '\~ r:' "/,' ~rO<<~ I cY:.,," ~ () I I r " / / EXIST " /,' SAN MH 1/ I I I //,' i /// ~ /// "" I , I.~ I / I, ~v " / /~ , " / ,'~. Ii ///~ ~ I'll ~ I c". I ~ ~ I. I ::: 'Cb/~ ~ I~/" ,~ I I I."':> -, '/ 1_0 ~ I ,.VJ t'V ///~ "I / " ~ " /1' '/ I I I ll,' 1/ I I I / / / EXIST ,1' I / / / SAN MH ~ I~~ ~ <t. \'"\ \ ~~ \ \' - V"~, , ...' ~ST SAN Wi ~ : CD --- N 10.36'54" E 58..33' 40'0 S.F. OF TRACT "A" UTiliTY EASE~ENT TO BE DEEDED 8ACK 10 WESTOvER CE~ETERY BY lHE ~UGUST A- RICH~OND COUNTY BOARD OF CCMMISSIONER~. RECORDE::> IN REAL -y REEL 236 PAGE . 114 RIChMCND COUNTY, GA. ~OJRT HO JSE EXISTING PLOTS ~ ~ Q '< 0 ~ . ~ ~ I ~ aa ... ~ t ~ &, ~ co Z "..- -- -- -- ........ --- ~ ~ ~ ~ ~ A = Ie-S8'S." R = 469.01' T = 87.1.' L = 133.83' CRD.=I32.88' N 74:-48'34" " , ..f '~~'';',0;- "'!II!lI~'!rr .1;0:' ~ ~ .... ~ ~ ~' ~ ~ ~ N 79'25"6- 'If 16.00' (EXIS. EASEMENT) ~ ~ 255.4B' N 79-25"6- W 14.00' (EXIST E A.SEMEN') .. ",," ,~p..C \~t..~" t~S~ "... -' -' - . .~ r6~ -'81 \ ENLARGED DETAIL A = Is-I1'O~- R = 1517.5p T :: 181.9G, L = 322.18 CRD.=322.15' N 01-39'.0" W S 7V"O'&~" I ~.OO , 721.81 N 1(144'06" 'I A PLAT FOR CMf N1(tlf)'S1-1 . S22.04 eMF 6 = 06-"8'08- R = 3173.12' T = 181.28' L = 322.29' CBD.=322.15' N O?-20'58" I ROAD WESTOVER MEMORIAL PARK BERClQAAN PROPERTY LOCA TED AT niE NORlHEAST CORNER CE HICH.NI) A\E AND .uuR ROAD IN 1H[ 10th o.u.o. AUGUSTA - RICHMOND COUNTY ocIiPfCflA REV. 1/29," REV. 2/lm SCALE: ,. · 10Ct REV. 3/12'" 1W 0 100' .REV. 4/8,. REV. 4/12/11 - - - - -- PREPARED BY: o CONSULnNG E~[ER$ 12011N1ERSTA1E PARKWAY - AUGUSTA, GA. - ... ...... (lDQ.' ..l~ RIQIDI) aurrv I CiA StPERICR COJitT' FILED 18 MY 1999 AT'>-84149P11 . ~ \\fJ REEL 6+f PAGE 342 REEl 6+4 ~JWiE 343 . -. ~ REEL 644 PAGE , ' ~1-JJJL.- , II J '- - t\u\:>. N~" L. ,YC .. .. ." 'i ,'~~~"l STATE OF GEORGIA: '. .~ .,"1 \, : "'; ~.;. HICHMOlJD CGUN'ry : .R. 'l'HIS INDEN'rUHE, made this ~ day of Se~tember, 1952, betwaen'v'/ILLIAM A. LYONS, NELL B. LYONS and NORA LYONS, all of Richmond County, Georgia, 99 parties of the First Part, and GEORGIA TRUCK & EQ.UIPMENT COf'iiPANY , of Richmond County, Georgia, as party of the Second Part, , i,' ): ij ,ii: . ,l~.' ". ". ,~f f:~ Y! ! ! !! ~ ~ ~ !f. ! !!: That the S Did pBrtle3 of the First Part, for and in COrl- 'sfaeratlon of the sum of ~VENTY THOUSAIID ($20,000.00) DOLLARS, in . " y, Ii:. ii, : 'r.-' J',' ,i.".f .f\' t; s ." . ~ . ~.'. ~ ~j;\ . (~', I'"' ~. , ." " . , iI ,. ( c_ , I r , '. . r '. ..) - r ./ ;/ /) ) J~ jtll/-J:5?J AUGUSTA-RICHMONP COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall15391@aol.com June 7, 1999 ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY Wll.LIAM B. KUHLKE, JR. WM. "Wll.LIE" H. MAYS, III J. B, POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R. OLIVER. P E, CPA Administrator Ms. Lena Bonner Clerk of Commission Municipal Building (1 1 ) Augusta, Georgia 30911 Re: 60" Raw Water Line Main Dear Lena: I am enclosing herewith the following documents in connection with the above project, which have been recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 644, on the noted pages: (1) Agreement between Augusta, Georgia and Westover Memorial Park, Inc., dated May 4, 1999, pages 318-344; (2) Amending deed from Westover Memorial Park to Augusta, Georgia, dated May 4, 1999, pages 347-350; (3) Easement to Augusta, Georgia from Augusta National, Inc., dated May 4, 1999, pages 279-305-0; ( 4) Easement to Augusta, Georgia from Augusta Country Club, Inc., dated May 4, 1999, pages 306-317. With kind regards, I am ~~) HARRY D. REVELL HDR:hbs Enclosures RETURN TO: Harry D. Revell 454 Greene St. , " F l' ;-:-; ; i --, o. .._ : L .. I... , 1 ! IiI j .';; I,~.' ,"? i C H ,'~ ;:; N=: [' f.: r:~./ r ;,.;, :' 99 M~ Y I 8 PN~; 49 ,., ~LAI:n~ C, JOHNSON ,.ltRK OF SUPU?lOR COURT ORIGINAL REEL RECORDED REEL 644 PAGE 306 WIP 10: 398671 STATE OF GEORGIA ) ) RICHMOND COUNTY ) EASEMENT AGREEMENT THIS INDENTURE, made and entered Into this -i day of ~ 1999, between AUGUSTA COUNTRY CLUB, INC., hereinafter referred to as party of the first part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as party of the second partj WIT N E SSE T H: That the party of the first part, for and in consideration of the sum of Fifty Thousand Five Hundred Twenty and Noll 00 ($50,520.00) Dollars, and other good and valuable consideration as hereinafter provided, in hand well and truly paid by the party of the second part at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed, and by these presents does grant, bargain, sell, convey and confinn unto the party of the second part, its successors and assigns, the herein described easements, across and through the following described property, to-wit: A pennanent utility easement consisting of 174,510 sq. ft. over that tract or parcel of land, lying and being in the 88th G.M.D., Richmond County, Georgia, Tax Map 34-2, Parcel 40, as REEL 644 PAGE 30? shown on a plat prepared by Cranston, Robertson & Whitehurst, P.C, dated September 16, 1998, and revised October 20, 1998, attached hereto and made a part of the description herein. ALSO, a temporary construction easement consisting of 66,060 sq. ft. over that tract or parcel of land, lying and being in the 88th G.M.D., Richmond County, Georgia, Tax Map 34-2, Parcel 40, as shown on a plat prepared by Cranston, Robertson & Whitehurst, P.C, dated September 16, 1998, and revised October 20, 1998, attached hereto and made a part of the description herein. Said temporary construction easement shall expire when project construction is substantially complete or on August 1, 1 999, whichever occurs first. Said easements being for the purpose of laying, relaying, installing, extending, operating, repairing and maintaining pipelines transporting and carrying raw water in connection with Augusta, Georgia's Utility Department project known as the Augusta 60" Raw Water Transmission Main (the "Project"). TOGETHER with the right, when construction or maintenance is necessary, to dig such trenches in said parcel of land as may be necessary for the project; 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 parcels of land. The party of the first part, Its successors and assigns, after the completion of the project, shall have the right to use said parcels of land in any manner not inconsistent or interfering with the rights herein granted, excluding, however, the right to erect, construct - 2 - REEL 644 PAGE 308 . .' or maintain thereon any buildings or permanent improvements. As part of the consideration for said conveyance, the party of the second part covenants as follows: (a) To limit all initial construction for the Project, including the section of sanitary sewer line shown on the existing Project specifications which are incorporated herein, on the property to the time period beginning May 1, 1999 and ending August 1, 1 999j (b) To cause all water which is to be transported through this easement to be contained within pipe constructed out of high quality piping materials as provided for in the Project specificationsj (c) To cause the top of the pipelines to be laid a sufficient depth below the surface of the ground so as to permit the use of the surface thereof by the party of the first part for normal golf course purposesj (d ) To refill and repair the trenches It shall dig in connection with the Project so as to restore and leave the land and golf course available and ready for golf course purposes consistent with its present use utilizing the services of a golf course contractor acceptable to the party of the first part to restore and repair the bent grass sod and other areas of the golf course to the reasonable satisfaction of Augusta County Club's Golf Course Superintendent. Upon any future extension or laying of line or lines, repairs, renovation, alterations, such work will be done so as to leave the land in like conditionj - 3 - REEL 644 PAGE 309 (e) To take extra precaution to schedule the work so as to maintain the use of Augusta County Club/s irrigation lines without interruption for more than eight (8) hours at anyone time/ except in unforeseen or emergency circumstances; ( f) To provide adequate crossings through the construction site for golf course maintenance/ equipment/ personnel and players; (g) To provide access to the halfway house at all times during normal course operating hours during the period of construction; (h) To provide a 12 inch water tap at a location to be designated by Augusta Country Club; (I) To replace the existing chain link fence along the property line at Westover Cemetery with a new fence of similar quality and type construction; (j) To line the banks of Rae/s Creek with mattress gabians rather than rip- rap; (k) To locate and Identify all existIng utilities on the property of Augusta Country Club before construction commences at no cost to Augusta Country Club. (I) To construct and maIntain the Project in a careful and skillful manner/ avoiding any unnecessary damage to turf/ plants/ shrubs or trees growing upon said parcel of land/ and in case of any unnecessary or avoidable damage/ to compensate the party of the first part for such damage or -repair same; and - 4 - REEL 644 PAGE 310 (m) To give reasonable notice to the party of the first part of its intentions to enter upon said parcel of land in the exercise of the rights herein conferred except in cases of emergency. Additionally, the parties hereto acknowledge that the value of the easement granted herein is difficult to determine with any reasonable degree of certainty owing to the special nature of the property taken and further acknowledge that the value of raw water used presently and in the future by the party of the first part is difficult to determine with any reasonable degree of certainty. Accordingly, the parties hereby agree that the party of the first part shall be entitled to continue drawing and using raw water from the existing thirty (30") inch raw water line as well as from the new sixty (60") inch raw water transmission main to be constructed in the Project for the sole purpose of watering its grasses and plants at the same flat monthly fee which the party of the first part is now paying to the party of the second part. In the future, should the party of the second part place meters on its raw water lines and begin charging users thereof based on the amount of raw water used, the parties hereto shall negotiate in good faith to establish a fair and equitable rate for such raw water with due consideration being given to this agreement and the rates established for other users of raw water. TO HAVE AND TO HOLD the above granted permanent easement unto the party of the second part, its licensees, agents, successors, assigns, and allied and associated - 5 - REEL 644 PAGE 311 governmental units forever and in perpetuity. Neither the party of the first part, its successors or assigns, nor any other person or persons claiming under them shall at any time, by any means or ways, have, claim or demand any right or title to the aforesaid described premises or appurtenances or any rights thereof. IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed by its proper officials the day and year first above written. SIGNED, SEALED AND DELIVERED AUGUSTA COUNTRY CLUB, INC. (L.S.) 1- SIGNED, SEALED AND DEliVERED ( L. S.) RIchmond countY. Georgia My Commission eXPir~eR~'llPlreS Dec. 5.2001. ',.I.. " - 6 - E::OO -m;o "rn ..... ..... CO'lZ Mt~ (oj ~ ::v ~l'1~ ~w;o -1Tl cog ~ IE REEL 644 PAGE 318 RS''LU:::'H TO: Ha',c:: ~I u. Rev211 454 Greene St. ,~ ~ i ~ ~.; ,'~i -:;; ~~ :~~ t ;: ; [~~ h!C~;~~':,~1'...'j L t;;~h";'r 99 f'lAY 18 Pf1 4: 49 STATE OF GEORGIA \ ELAI~J:::: c. JCHNSON (LEliK OF SUPlRIOR COURT ) AGREEMENT ) COUNTY OF RICHMOND WHEREAS, AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as "the City", entered into an Agreement with WESTOVER MEMORIAL PARK, INC., a Georgia non-profit corporation, hereinafter referred to as "Westover" in which those parties mutually agreed to grant and convey certain rights, easements and interests in real estate one to the otherj and WHEREAS, the City and Westover desire to reduce to writing in this Agreement their mutual promises and obligations. NOW, THEREFORE, THIS AGREEMENT made and entered into this -i- day of ~ 1999, by and between the City and Westover; WITNESSETH that, for and In consideration of the mutual promises and obligations of the parties one to the other herein set forth, and the payment of $ 1 .00 in cash by Westover paid to the City, the receipt of which is hereby acknowledged, the parties agree as follows: ( 1 ) That the City shall cause to be constructed and completed a raw water line in a pipe with an interior diameter of approximately sixty (60") inches (the 60" Raw Water Line Project") from its pumping station located on the Augusta Canal to Its reservoirs or water filter plant located on the northwest corner of Highland Avenue and Central Avenue in Augusta, Richmond County, Georgia. (2) That Westover has acquired the title to property known under the REEL 644 PAGE 319 present system of house numbering in Augusta, Richmond County, Georgia, as 2594 Allen Street, (the "Allen Street property") and has caused the improvements thereon to be removed. (3) That Westover shall grant and donate at no cost to the City a temporary construction easement consisting of two (2) parcels of land totalling 1 ,430 square feet and a permanent utility easement consisting of three (3) parcels of land totalling 11,180 square feet for the construction, installation and maintenance of said Raw Water Line Project on and across the Allen Street property and its other property in the easement areas shown more particularly on plat for Augusta Utilities prepared by Cranston, Robertson & Whitehurst, P.c. dated September 16, 1998, revised January 27, 1999 and which is attached to a grant of easement from Westover to the City to be recorded herewith and which is attached hereto as Exhibit "A". During the period of construction, the City shall have the right to remove any fencing presently located within said easement areas and erect a temporary fence within the easement area. Upon completion of construction, the City shall, at its sole expense, remove any temporary fencing and place a new pennanent chain link fence six (6) feet in height with three strands of barbed wire along the top thereof within the easement area and along the other property of Westover, running generally along the eastern edge of the concrete ditch and flume near Westover's eastern property line so as to connect the new fence with the existing fencing located along the eastern edge of said flume. The 60" pipe will be located and constructed so that no portion of the new 60" pipe will be under the fence after construction is complete. ( 4) That said right-of-way utility easements referenced in paragraph 3 above 2 REEL 644 PAGE 320 shall be in writing and shall contain the usual and customary language found in such easements together with reservations in favor of Westover as to the Allen Street property and access thereto which is hereinafter described. (5) That in the year 1927 Westover granted to the City, without cost to it, a ten (10') foot wide easement in which the City constructed a sanitary sewer line in Richmond County, Georgia from Berckmans Road in an easterly direction across property of Westover to property of Augusta County Club in exchange for the right of Westover to draw raw water from the City's thirty (30") inch raw water line which then and now traverses the property of Westover after the City installed the necessary valves on said line to permit Westover to withdraw raw water therefrom A copy of the 1927 letter from Westover is attached hereto as Exhibit "B". (6) That the City constructed said sanitary sewer line and performed its obligations set forth in said letter but failed to obtain in writing the easement offered by Westover. (7) That Westover has caused said existing sanitary sewer line to be surveyed and platted by James G. Swift & Associates, a plat of survey made thereof dated October 6, 1998, last revised April 12, 1999, a copy of which is attached to the easement shown as Exhibit "e" hereof. Westover shall execute and deliver to the City said easement in order to provide the City with a permanent right-of-way for the continued operation and maintenance of said existing sewer line. (8) That said twenty (20') foot sanitary sewer line easement shall provide that transfers of burial rights heretofore granted by Westover within or encroaching upon said 3 REEL 644 PAGE 321 right of way, if any, shall not be in violation of the rights therein granted. (9) That Westover shall be entitled to continue drawing raw water from said thirty (30") inch raw water line for the sole purpose of watering its grasses and plants and shall continue to pay the City the same flat monthly fee it now pays to the City; subject, however, to the right of the City to abandon the same and to install meters on its raw water line as set forth in paragraph 11 hereof. (10) That the City will construct and provide at no cost to Westover two 6" taps on the new 60" raw water main, one near station 1 1 7 + 07 and the second near station 124+ 50, both as shown on the existing engineering plans; Westover shall be permitted to connect onto one or both 6" taps at its sole expense. (1 1 ) That should the City discontinue the use of said 30" raw water main and rely instead upon the aforesaid sixty (60") inch raw water main, the City shall permit Westover to withdraw water therefrom for continued use in watering the grass and plants on its Cemetery property. Should the City place meters on Its raw water lines and charge users thereof based on the amount of raw water used, the City and Westover shall negotiate in good faith to establish a fair and equitable rate with due consideration being given to the 1927 letter agreement, this Agreement and the rates charged to the other users of raw water in the immediate vicinity such as the Augusta National Golf Club and the Augusta Country Club. (12) That the permanent utility easement granted to the City by Westover for the construction ofthe sixty (60") inch Raw Water Line Project shall reserve to Westover 4 REEL 644 PAGE 322 the right to go upon and cross said utility easement as a means of egress and ingress from its present Cemetery property now enclosed within its chain link security fence to its aforesaid , newly acquired Allen Street property and such other property contiguous to said Allen Street property as it may later acquire. Said easement shall further reserve unto Westover the right to maintain the new fencing described in paragraph 3 above. (13) That in further consideration ofthe execution and delivery by Westover to the City of a utility easement for the construction and maintenance of said sixty (60") inch Raw Water Line Project, the City does hereby grant unto Westover the right, in perpetuity, to construct, use and maintain at its sole cost and expense a bridge or crossing for pedestrian and vehicular traffic over the concrete flume and storm water main therein located between the presently enclosed property of Westover west of Monte Sano Avenue and its newly acquired Allen Street property which flume is sometimes referred to as Monte Sano Avenue Extension. The City shall have the prior right to review and approve the engineering plans for such bridge or crossing, provided, however, that such review and approval is reasonable and will permit Westover to construct and maintain said bridge or crossing at a reasonable but not excessive cost. It Is understood and agreed that the purpose of said bridge or crossing is to permit funeral processions to attend funerals at grave sites that may hereafter be owned by Westover east of its present eastern boundary. The City by these presents also grants to Westover the right to enclose its newly acquired Allen Street property with chain link fencing and that portion of the flume which lies north of an extension westward of the north edge of the right-of-way of Allen Street to property of Westover 5 REEL 644 PAGE 323 together with property contiguous thereto in which Westover may acquire an interest. The bridge and/or crossing connecting property of Westover to its Allen Street property shall be so constructed as not to interfere with the construction, maintenance and purpose of said flume, storm water main or said sixty (60") inch Raw Water Line Project. The right acquired hereby by Westover to fence in such property shall be subject to the City's reasonable right of access thereto for the purpose of maintaining such flume and pipe lines, which access shall be provided by Westover. (14) That Tax Map 26-3 of the City shows Lots 2 through 5 and Lots 10 through 12 in a block of land bounded north by Westover Street (which has never been opened), east by an unnamed alley which has not been completely opened, south by Allen Street and west by Monte Sano Avenue. To make this land useful to Westover and others, the City, with the consent of abutting property owners, If required, shall close and abandon a portion of Monte Sano Avenue Extension as a public street north of Allen Street, and convert said strip of Monte Sano Avenue Into a part of its storm water system, but not as a public street and extension of Monte Sano Avenue. Likewise, the City shall close and abandon the northern portion of the unnamed alley which is not presently open, being generally located north of the last occupied residence presently on the unnamed alley. ( 1 5) That contemporaneously with the execution and delivery of an easement from Westover to the City conveying an easement for the installation and maintenance of said proposed sixty (60") inch raw water line as aforesaid, the City and Westover shall amend the easement granted by Lizitte J. Amme to the City Council of Augusta, dated February 10, 6 REEL 644 PAGE 324 1898, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 5-H, page 451, so that the width of such easement shall be reduced from fifty (50') feet to thirty (30') feet in that section of said easement beginning on the eastern boundary of property of Westover where said easement enters the property of Westover and extending in a southwest direction across Section 12A of Westover Cemetery to the western edge of the Cemetery road which is the western boundary of said Section 12A as shown on a plat of said Section 12A recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 564, page 2224. (16) That Westover on July 2, 1986, executed and delivered to The City Council of Augusta an easement in perpetuity over and across land lying along its eastern boundary for the purpose of laying, relaying, installing, operating and repairing pipelines, transporting and carrying utility seIVices, said easement being shown on a plat by Charles T. Dillard, dated May 23, 1986, and recorded in said Clerk's office in Realty Reel 236 at page 1114. Thereafter, Westover caused to be developed into burial spaces, land along its eastern boundary and caused a plat thereof to be prepared by James G. Swift & Associates, which plat designates Westover's Section 12A and is recorded In said Clerk's office in Realty Reel 564, page 2224. It has now been determined that several burial lots in said Section 12A encroach upon the City's easement as shown on the plat attached to Exhibit "C" hereof. To eliminate the encroachment, the City has agreed to quitclaim and convey back to Westover 4,010 square feet of its easement for utility seIVlces, which 4,010 square feet is shown and highlighted on said plat. 7 E -....Cj REEL 644 PAG ~~- IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officers and their corporate seals affixed the day and year first above mentioned as the date of these presents. ) ) ) ) ) -':/'~i--).~ ~ : ~ N:()T~Y PUBLIC, ~) '- . J ,:-,'--' ...< ,'.; ) :My Cbmmissio~expires ~ - ~ - :AI) a d SIGNED, SEALED AND DELIVERED in ~of: 0~~~ ,('Uhofficial Witness) .:' " "" . :} .... \":.. ,;., . I "t, 1~ :-,' , " _",,'<:,:::,i::f~t~::<':':. " WESTOVER MEMORIAL P &~./IN~; .': >>' :': ';\:~7\./:'>' o. ..., ',' SIGNED, 'SEALED AND DELIVERED ) in the presence of: ) (G2~~sf;!>>al<~' j l By ~~ ) ..' " . ) Attest ,.' .'qTARY._.P~,.,..1 , .' } Cerk ofe .. ';.. -.:--.c. . \" Geordla . '.1'." ~. .','. "., ~monJlcoun'tY, r; 1 'f*i Co.~mit:~;t~~, ,~xP,ires ~_on expires Dee;. 5, 2001 ~<::~.;:.) ;'?~:~{!;:/ . ... . .~~~\ ../~\, 8 REEl 644 PAGE 326 -' STATE OF GEORGIA RICHMOND COUNTY EASEMENT THIS INDENTURE, made and entered Into this ~ of 'rr.=c; , 1999, between WESTOVER MEMORIAL PARK, INC., hereinafter referred to as party of the first part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as party of the second part; WIT N E SSE T H: That the party of the first part, for and in consideration of the agreement between the parties of even date, and other good and valuable consideration, in hand well and truly paid by the party of the second part at and before the sealing and delivery of these presents, 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 the party of the second part, its successors and assigns, an easement in perpetuity, across and through the following described property, to-wit: A permanent utility easement consisting of three (3) parcels of land totalling 11, 180 sq. ft. over and upon that tract or parcel ofland in the 88th GMD, Richmond County, Georgia, Tax Map 26-3, Parcell, said three parcels of land being shown and delineated on a plat prepared by Cranston, Robertson & Whitehurst, P.c., dated September 16, 1998, last revised January 27, 1999, a copy of which is attached hereto and made a part of the description herein. EXHIBIT "A" REEL 644 PAGE 327 ALSO, a temporary construction easement consisting of two (2) parcels of land totalling t, 430 sq. ft. over and upon that tract or parcel of land, lying and being in the 88th G.M.D., Richmond County, Georgia, Tax Map 26-3, Parcel t, said two (2) parcels of land being shown on a plat prepared by Cranston, Robertson & Whitehurst, P.c., dated September t 6, t 998, and last revised January 27, t 999, attached hereto and made a part of the description herein. Said temporary construction easement shall expire when project construction is substantially complete or on December 3 t, t 999, whichever occurs first. Said easements being for the purpose of laying, relaying, installing, extending, operating, repairing and maintaining pipelines transporting and carrying raw water in connection with Augusta, Georgia's Utility Department project known as the Augusta 60" Raw Water Transmission Main (the "Project"). TOGETHER with the right, when construction or maintenance is necessary, to dig such trenches In said flve (5) parcels of land as may be necessary for the project; 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 flve parcels of land. The party of the first part, Its successors and assigns, after the completion of the project, shall have the right to use said parcels of land in any manner not Inconsistent or Interfering with the rights herein granted, excluding, however, the right to erect, construct or maintain thereon any buildings or permanent improvements other than a bridge or crossing for pedestrians and/or vehicular traffic spanning the concrete flume and the storm water main therein located and designated on the current tax maps of the party of the second part as Monte Sano A venue Extension and the raw water line to be constructed through the - 2 - REEL 644 PAGE 328 Project as well as the easement in which it is located as shown on the attached plat. The party of the first part reserves unto itself, however, the right to maintain a chain link fence (which shall be installed at the party ofthe second part's expense) within said five (5) parcels of land at a location generally along the eastern contour of the concrete ditch and flume located near the eastern boundary line of property of the party of the first part. The precise location of said fencing along the eastern contour of the concrete ditch and flume shall be determined by the parties so as not to interfere with the rights conveyed hereunder. TO HAVE AND TO HOLD the above granted easements unto the party of the second part, its licensees, agents, successors, assigns, and allied and associated governmental units forever and in perpetuity. Neither the party of the first part, its successors or assigns, nor any other person or persons claiming under them shall at any time, by any means or ways, have, claim or demand any right or title to the aforesaid described premises or appurtenances or any lights thereof. IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed by Its proper officials the day and year first above written. . .~', . , . ,~. ~. i... '.t'~ WESTOVER MEMORIAL PARK!.:">':..~7,;<:)-:~" INC. (L.S.) ,'f ,'\T~:d\. _ . \ : J', ' .-, ,.: -:\ (..,- ~~ " . ~ U I '\r .. ""~ r, By ..~;~~ ~,):., .' ~::<f//i , . ;" . ..-:.... 3 - EXHIBIT tI B'" REEL 644 P~329 J ~ ~ - May 24, 1927 Mr. R. H. Daniel, Mayor, City or Augusta, Augusta, Goorgia. Dear Mr. Mayor:- In re our cOnTersation this ruornine, alxmt tho tap and water tor WostoTer Cametery. As President or Westover Cometery, I obli- gate the Company to deed to the City or Augusta a ten root strip ot land from Highland Avenue to the ,Country Club through the Ceme- '~ery property, the location ot which ha.ving Already been des~.g- nated to Mr. Flythe, by the City Engineers, and will acfept in raymont of said strip or land the installation of a meter measur- ing until tared water, the tap oC the wator ma.in, and the rlacing ot a jacket on 88111B, paBsine through the cemetery property, from the f.WDJ:ing station, to the Hill reBe~ir. The UBA or t.his water by the Cemeyery Company to be paid tor at the rata ot .05 cents ler one thousand gallons. .J.Jo" , It is my underat.aDdil'ig that this tap is to be mado immediately, and deed to..'aeJ:d right of way will be l'V\de to tho City ot J~ugu8ta, as soon as you can have it prepared and delivered to us tor execution. T}lanJd.n8 you,. and appretdating the promptnuBB wi th which this matter ift to be hancUed, I om, Yours l"A7"'" truly, \7RSTOVEP t... ";TF:RY , By ,'/ , REEL 644 PAGE 330 STATE OF GEORGIA ) ) ) SANITARY SEWER EASEMENT RICHMOND COUNTY p;- THIS INDENTURE, made and entered into this L day of ~~ 1999, between WESTOVER MEMORIAL PARK, INC., hereinafter referred to as party of the first part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as party of the second part; WIT N E SSE T H: That the party of the first part, for and in consideration of the agreement between the parties of even date, and other good and valuable consideration, in hand well and truly paid by the party of the second part at and before the sealing and delivery of these presents, 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 the party of the second part, its successors and assigns, an easement in perpetuity, across and through the following described property, to-wit: A sanitary sewer easement twenty (20) feet in width extending from the western boundary of property of the party of the first part in Richmond County, Georgia, which property lies in the northeast intersection of Wheeler and Berckman Roads, and extending from said western boundary in an easterly direction EXHIBIT "e" REEL 644 PAGE 331 across the property of the first part to property of Augusta Country Club, all as shown on a plat prepared by James G. Swift & Associates, dated October 6, 1998 and last revised April 12, 1999, which plat is attached to an agreement between the parties hereto, dated of even date, to be recorded herewith. A sanitary sewer line was installed within said easement a number of years ago and this easement is given to document the right of the party of the second part to operate and maintain said sanitary sewer line. Said easement being for the purpose of relaying, operating, repairing and maintaining the pipeline transporting and carrying sewage in connection with Augusta, Georgia's sanitary sewer system. The party of the first part, its successors and assigns, reserves the right to use the land within the easement in any manner not inconsistent or interfering with the rights herein granted. The transfer of burial rights heretofore granted, if any, by the party of the first part within or encroaching upon said right of way shall not be in violation of the rights herein granted. TO HAVE AND TO HOLD the above granted easement unto the party of the second part, its licensees, agents, successors, assigns, and allied and associated governmental units forever and in perpetuity. (SIGNATURE PAGE TO FOLLOW) 2 REEL 644 PAGE 332 IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed by its proper officials the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of: Ii (Unofficial Witness) .diUJ;',t ~.)~.~ ',NO A ;'PUBLlC,' _ . Coun,y-, Geofgia ....; My (i;o~r.riis'~ion expires: ,',.<: ~<.'<--.:.~.. I '7, ~arn... "0, ", /." .. I;. " ,..., ...'~..y'fC^' '''''''''''''''''~'''' . .... '.;' , ~ " '", 'n .(... .. VI ....J. ..._,,-.,..'l t_'-. IRES . . FE3;~iL:'JW i7, 2002 ) ) ) ) ) ) ) ) ) ) ) ) ) WESTOVER MEMORIAL PARKi""~'C,:":" .;,<.,~~:~~:>:lo, '. :. , 0': ,- ~ ~.~ ;) ...., .'. . "U1,'-:;:.~f::! ,~ .: :~ ~~r:~f(.~;':''''''' 3 'i Return to: Harry D. Revell 454 Greene ST. IIEL 644 PAGE 34? 1- I L ::: 2 ! N T t: I ;~, .J r; l C L ~~!CH:-WHJ V;U~1T'( 99 MAY 18 PI1~: ~9 ELAINE C. JOHNSON f:LERK OF SUPERIOR COURT ORIGINAL REEL RECORDED REEL 644 PAGE 347 lHP ID: 398674 STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) AMENDING DEED WHEREAS, by deed dated February 10, 1898 and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Deed Book 5H, pages 451-454, MRS. LIZZETTE J. AMME granted and conveyed to THE CITY COUNCIL OF AUGUSTA the right to lay and maintain a line of water pipe or main, and all appurtenances and privileges thereto, in Augusta, Richmond County, Georgia along a certain line fully set forth upon on a plat of the right of way showing the line of said main from The Augusta Canal to the reservoir and passing through her land for a distance of 1848 feet, more or less; and WHEREAS, the land of MRS. LIZZETTE J. AMME is fully described in a certain deed of conveyance to her from THEODORE F. ROESEL dated December 12, 1892, and recorded in said Office in Deed Book 3U, page 577; and WHEREAS, said grant included the right to construct and maintain a pipe line over an area of fifty (50) feet in width along the line designated; and REEL 644 PAGE 348 WHEREAS, WESTOVER MEMORIAL PARK, INC. is the present owner of the land above described and owns and operated a cemetery thereon; and WHEREAS, AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, operating through a Board of Commissions is the successor to THE CITY COUNCIL OF AUGUSTA; and WHEREAS, WESTOVER MEMORIAL PARK, INC., and AUGUSTA, GEORGIA have agreed to amend the provisions of said agreement in certain particulars including the reduction of the width of the easement granted by MRS. LIZZETTE J. AMME to THE CITY COUNCIL OF AUGUSTA from fifty (50) feet in width to thirty (30) feet in width in that section only of said easement which commences on the eastern boundary of property of Westover and extends in a south- westerly direction 178 feet, more or less to the western boundary of a cemetery road which is the western boundary of section 12A of said Cemetery, and the parties hereto desire to evidence said agreement in writing by amending the first above mentioned deed by this Amending Deed. NOW, THEREFORE, this Amending Deed made and entered into this -e. day of !tit<( 1999 by and between WESTOVER MEMORIAL PARK, INC. and AUGUSTA, GEORGIA. WITNESSETH, that for and in consideration of the sum of $10.00 in cash paid by WESTOVER MEMORIAL PARK, INC., and AUGUSTA, GEORGIA and other good and valuable consideration set forth in an Agreement between said parties bearing a current date the parties 2 REEL 644 PAGE 349 hereto agree that the aforesaid deed from MRS. LIZZETTE J. AMME to THE CITY COUNCIL OF AUGUSTA is amended, as follows: 1. The width of the easement granted in said deed is reduced from fifty (50) feet to thirty (30) feet in that portion of said easement commencing on the eastern boundary of property of Westover and extending in a southwesterly direction therefrom, a distance of 178 feet, more or less, to the western edge of the paved cemetery road which runs along the western boundary of Section 12A of said Cemetery, which portion of said easement as reduced, as provided for herein, is fully shown on a plat prepared by James G. Swift & Associates for Westover dated October 6, 1998 and last revised on April 12, 1999, which plat is referred to as the plat attached to the easement identified as Exhibit "C" in an Agreement between the parties hereto dated of even date, to be recorded herewith. 2. That should the City exercise its right to replace, repair or maintain said pipe or water main, it shall return the land disturbed thereby to substantially the same condition as it was prior to the work performed thereon. 3. Should the pipe on water main now located within said easement be permanently abandoned by The City as evidenced by its nonuse and a declaration to that effect adopted by its governing body then the said easement and the rights granted to The City thereunder shall terminate as of the effective date of said declaration. 4. That, except as so amended, the terms and conditions of said easement are ratified and confirmed. (SIGNATURE PAGE TO FOLLOW) 3 1 'j _.. REEL 644 PAGE 350 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective authorized Officers and their seals affixed, the day and year first above mentioned as the date of these presents. ,:. " signed, sealed and delivered ) in Richmond County, Georgia ) orbtl:}~ "day of ) '. ""1-:?j9 ~ :r.;.~.in /~he s ) . '.';' .a .... / ) '.'.'.j , " ,:<:),,' ) ::' ..,:' / ;.':J .. ) .' , .' . ~4.~~ ) " : \,'No:ta y.~Ublic, ) '<~.~,~,~?~.l:l:t;r./'Georgia ) """":' .d);';:;: : ) '. :My "c~ission e~ires on the ) 17 day of 6M~, '.:((J'~' ) . MY CC~!1~.~:28!ON EXPIR S Fr::c~, ~ p ....., 1'"' "002 ~",.n.~J"'l.:~ J J ~. Signed, sealed and delivered in RiChm,r,nd County, Georgia on the ~day of /J1~ ' 1999, in the presence 0 : o al?y;,,~~ublJ. , CountyY'.~eorgia .0Tp '::. My'~is~io~ e~pires ~:,:-day.:of: ~~ , -.. .~ (). "'1 ~;' . . <~::~:: ,....~;;;;: >. ..... ~rl\':H\\~ on the , ~/)}. WESTOVER MEMORIAL PARK, INC. ',.,..~~:';.':;.:::..;':.:,'?~,..; . .......... " . ~ .... ....:... :.)....;... '~ .,.~. . , nlt...l' A RICHMOND COUNTY,GA SUPERIOR COURT FILED 18 MAY 1999 AT 04:49PM 4