HomeMy WebLinkAbout4017 Peach Orchard Road
Augusta Richmond GA
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I Book 00933:0783 Augusta - Richmond County
I 200402608306/10/200416:30:28.01
$0.00 EASEMENT .
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2004026083 Augusta - Richmond County
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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
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Johnnie E. Fair
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Book 00933:0784 Augusta - Richmond County I
2004026083 06/10/2004 16:30:28.01 ~
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Book 00945:1656 Augusta - Richmond County
200403901508/19/200409:22:41.00
$0,00 AGREEMENT
'--1111111111111111I.11111I11111111111I111111I111111111111111111
/ 1111111111111111I1111I1111111111111111111I11111111 1I111
I 2004039015 Augusta - Richmond County
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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.
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Book 00945:1657 Augusta - Richmond County .
'-_ 20~_~~3901~_08/2 9/2~O~_09:22:41.00
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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:
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I Filed in this office:
I Augusta - Richmond County
~ ._, ~_ ~8/19/~OlM ~9..12:41 .00_,_,
Elaine C. Johnson
Clerk of Superior Court
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