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HomeMy WebLinkAbout4017 Peach Orchard Road Augusta Richmond GA DOCUMENTNAME: L{OIl ~eo-Q;~ o~ax-d 'VOetd , DOCUMENT TYPE: 0 'e-~ YEAR: 0 L1 BOX NUMBER: 25 FILE NUMB:E;R: \~3~~ NUMBER OF PAGES: ,S ., ,~. I Book 00933:0783 Augusta - Richmond County I 200402608306/10/200416:30:28.01 $0.00 EASEMENT . (111111111111111111111I illil lllllillll Iillllillllilll11I1 liil 2004026083 Augusta - Richmond County / _ ..;.,.l....:..; .,-1 " '----- ! . ------,' ~' ;!~~ Please return to: City Attorney 701 Greene Street Augusta, Georgia 30901 AUGUST A, GEORGIA EASEMENT DEED PARCEL IDENTIFICATION NUMBER: 195-0-015-01-0 ADDRESS: 4017 Peach Orchard Rd. THIS INDENT_URE made and entered into this & day of E. Fair, hereinafter referred to as OWNER, and Augusta, Georgi i of Georgia, hereinafter referred to as AUGUSTA; 2004, between Johnnie subdivision under the laws WITNESSETH, that Owner, for and in consideration of the sum of ONE DOLLAR ($1.00) in hand and truly paid by Augusta at and before the sealing and delivery of these presents, and other valuable consideration, 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 Augusta, its successors and assigns, an easement in perpetuity under, across and through the hereinafter described parcel of land. . Said easement consists of 5,904.37 Square Feet, more or less, as shown on a plat prepared by W. R. Toole Engineers, Inc., dated March 21, 2003, revised April 21, 2003 and August 27,2003, marked Sheet #14, attached hereto and made a part hereof, to which reference is made for a more accurate and complete description of the metes, bounds and courses, and being for the purpose of laying, relaying, installing, extending, operating, repairing and maintaining pipelines transporting and carrying utility services. Owner does also grant unto Augusta a temporary easement consisting of 2436.87 Square Feet, more or less, as shown on said plat. Said easement is granted together with the right 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 parcel of land. Said temporary easement shall expire at the completion and final acceptance of the Project by Augusta. Owner does also grant, bargain, sell and convey unto Augusta, its successors and assigns, the right to clear, and keep clear, all trees, undergrowth and other obstructions from said permanent easement, along with the free right of ingress and egress to and from said permanent easement for this purpose. Owner, his heirs, assigns and legal representatives, after the completion of this Project, shall have the right to use said parcel of land in any manner not inconsistent or interfering with the rights herein granted, excludinQ, however, the right to plant thereon any trees or other vegetation that may interfere with the laying, relaying, installing, extending, operating, repairing and maintaining of pipelines transporting and carrying utility services and the right to erect, construct or maintain thereon any buildings, structures, or other permanent improvements. TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges and appurtenances unto Augusta, its successors and assigns, in perpetuity. And Owner, his heirs, assigns and legal representatives shall and will forever warrant and defend unto Augusta, its successors and assigns, the rights, ways, easements privileges and appurtenances conveyed herein, against the claim of any person or persons whomsoever. IN WITNESS WHEREOF, Owner has set his hand and seal, the day and year first above written. Si J:led, Sealed and Delivered in the presence of: Notary Public, Richmond County, Georgi ,4 My Commi~sion Expires: / /,/27 ~"Y fl~ -;:~ Johnnie E. Fair ---~ Book 00933:0784 Augusta - Richmond County I 2004026083 06/10/2004 16:30:28.01 ~ ) -~ rfJ. 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',- .'.' ., ../' J . io v....~~ Book 00945:1656 Augusta - Richmond County 200403901508/19/200409:22:41.00 $0,00 AGREEMENT '--1111111111111111I.11111I11111111111I111111I111111111111111111 / 1111111111111111I1111I1111111111111111111I11111111 1I111 I 2004039015 Augusta - Richmond County ''----- _J Return to: . . ~D\AM.'.b A~Of"~Y(, a~t.e.- James T. Plunkett 701 Greene Street, Suite 104 Augusta, GA 30901 STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) SUBORDINA nON AGREEMENT THIS AGREEMENT, made and entered into this day of ~~r , 2004, by and between AUGUSTA, GEORGIA, a political subdivi,sion of the State of Georgia (hereinafter referred to as "AUGUST A"), and METRO ONE FEDERAL CREDIT UNION (hereinafter referred to as "BANK"); WITNESSETH: WHEREAS, JOHNNIE E. FAIR (hereinafter referred to as "OWNER") on May 15, 2001 gave to BANK a Security Deed to the property described on Exhibit A, to secure a certain indebtedness to said BANK and said Security Deed is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 731, page 273. WHEREAS, OWNER has granted an Easement dated )~I.L2~ :11, ~O'l to AUGUSTA across the property described on Exhibit A, the o'ginal f which IS to be recorded simultaneously herewith in the Office of the Clerk 0"[ the Superior Court of Richmond County, Georgia; and WHEREAS, BANK is willing to subordinate the lien of its said Security Deed dated May 15,2001 to any interest that AUGUSTA that may in the above referenced easement. NOW THEREFORE, in consideration of the premises and the mutual covenants and promises hereinafter contained and the duties to be undertaken, BANK does hereby agree and declare that the lien ofthe Security Deed from OWNER to BANK, dated May 15, 2001, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 731, page 273 is and forever shall be subject, subordinate and inferior in lien right and dignity at all times to the easement from OWNER to AUGUSTA which is to be recorded in the aforesaid Clerk's Office contemporaneously herewith. ..~ - .; .' .' ~ Book 00945:1657 Augusta - Richmond County . '-_ 20~_~~3901~_08/2 9/2~O~_09:22:41.00 j , l' I .r ',,---. . '. j- WHEREFORE, BANK has caused this instrument to be executed by its duly authorized officers and seal affixed, all on the date above first written. BY: Its: :~;:~:~c ',.' ~la't~..lf~fJII: "', ,.... .~! ~ 1- ;'''':,~'' .(';~ :t~lIY ~...I (J (: , f.~..;.<~ ~~ ::.:~',~~,~ 0 il , ~ ~: :?L:I .~ ~:: -21~~ ;~~:J:':~~-"- .-=:';I:.::r'~~;;,() . ,;~' "'~:'::'1 t:l;@("";' , y '~:.~; (:?t~;,~1!~y~~!i;}.(~:;~ ~}; '. ,; . t)...-\ ~ __:>. "tl(~~ .,~ .:',....~;'oQ ...':) _.~ ". '. &.. " .( r'f ..,'. Ii o,J.,,- 1~: '" '. -t.:'J <)",. "rjed'U@.IJ :.fI", .... ~ '; .~ ..', ' ", '~~,o ~:';;'~ . : ~'~!~'~:-<,J."; . . " l J f,) ,\, .... ".<,' :. ': ~,~: \\\~ f"' j ,,'" \\\\. :.:~r:!' ., . A )" '1~.: ' I Filed in this office: I Augusta - Richmond County ~ ._, ~_ ~8/19/~OlM ~9..12:41 .00_,_, Elaine C. Johnson Clerk of Superior Court '\. - _J " ~ -- --- ~ .. :0 ~.:., c- .,