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Home My WebLink About70125-Alexander Brookward 16" Water Main Augusta Richmond GA I /- f I DOCUMENT NAME: 70125- A \~rL&-er 6rco[Zword lS) 'lA\CLG~ N\ 0..; n DOCUMENT TYPE: \2) eed , YEAR: OLf BOX NUMBER: Z ~ -/ 'FILE NUMBER: \13 3~ , NUMBER OF PAGES: ,~ ,> , ~, ,. . , . ,.,', f~r C' J..; ( Book 00946:0745 Augusta - Richmond County L200403958808/23/200416:27:22.00 . $0 00 EASEMENT , I 1IIIIil 11111 111111111I11111 11111 11I11 1111I 1111111111'1111111111 IIIII1111II , .' 1111111111111111I1111I1111111111(11I1111111111 . i 2004039588 Augusta - Richmon~ County 0'1 I / "'-- ) After recording, please return to: City Attorney 701 Greene Street, Suite 104 Augusta, Georgia 30901 (706) 722-4111 \.. AUGUSTA, GEORGIA EASEMENT DEED PROJECT: 70125 -Alexander-Brookwood 16" Water Main PARCEL IDENTIFICATION NUMBER: 013-1-002-01-0 ADDRESS: Howell Drive THIS INDENTURE made and entered into this ~ day of TUtti 2004, between National Hills Club, Inc., hereinafter referred to as OWNER, and Augusta, Georgia, a political subdivision under the laws of Georgia, hereinafter referred to as AUGUSTA; 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 5,142 Square Feet, more or less, as shown on a plat prepared by Cranston, Robertson & Whitehurst, P.e., dated October 16, 2003, revised May 18, 2004, attached hereto and made a part hereof, to which reference is made for a m()re 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, the same hereinafter being referred to as the "Project." Owner does also grant unto Augusta a temporary easement consisting of 1,875 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 fmal 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, its successors, 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, excluding, 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, its successors, 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 its hand and seal, the day and year first above written. Signed, Sealed and Delivered in the presence of: By: , A.I- ~~~.~~ ~ALcu:JA..u.lA. y - As Its: Attest: At Its: (SEAL) REFERENCES: 1.) PLAT F'OR TROTTER REALTY COMPANY AND CHANNELL REALTY COMPANY BY CRANSTON. ROBERTSON at WHITEHURST. P.C.. DATED NOVEMBER 21. 1974 2.) FlELD SURVEY BY CRANSTON. ROBERTSON at WHITEHURST. P. C.. DA TED SEPTEMBER 2003. Book 00946:0746 Augusta - Richmond County 2004039588 08/23/2004 16:27:22.00 NOTES: 1.) 'THE INF'ORMAllON SHOWN HEREON WAS TAKEN FROM 'THE ~fERENCES SHOWN OR COMPUTED 'THEREFROM. UMITED FlELD SURVEYS HAVE BEEN UNDERTAKEN BY CRANSTON. ROBERTSON at WHITEHURST. P. C. TO LOCA lE PROPERTY CORNERS. 2.) PERMANENT UllUTY. DRAINAGE at ACCESS EASEMENT IS TO BE LOCATED ON PIPE AS CONSTRUCTED. GRID N/F AUGUSTA LAND HOLDINGS, L.L.C. 1040 ALEXANDER DR 013-1-002-03-0 N/F CHANNCLL, CLIFF 1034 ALEXANDCR DR 013-1-002-05-0 (3) EXISnNG STORM SEWER N/F PReSCOTT, FRANK o. 2703 WOODCHIP DR 013-1-081-00-0 ""-J v & o ~ ~ ~ i> ~ ~ (ij irA 'fER MAIN ~Y CONSTRUCTION EA FNT AMA - IB75ft2 % / j/ * /&- * (:) <{ I~ / / I- I I ~" I ~~ / v @ N/F NA TlONAL HIllS CLUB, INC. 1107 BROOKWOOD DR 013- 1 -002-0 1 -0 . / I / // * ~ d5 G #' $ @ SUMMARY TABLE COMPILED EASEMENT MAP FOR PERMANENT EASEMENT AREA - 5142ft2 % 0.118 AC % TEMPORARY EASEMENT AREA - 1875ft2 % 0.043 AC % AUGUSTA umITIES SHOWING PROPOSED UllL1TY EASEMENT ON A PORllON OF' TAX MAP' 013-1-002-01-0 LOCATED IN THE 90th GMD AUGUSTA. GEORGIA SCALE: 1" = 40' 40 I 20 II o ~ 40 . OCTOBER 16. 2003 REVISED MAY 1 a. 2004 eo . Filed in this office: Augusta - Richmond County 08/23/2004 16:27:22.00 Elaine C. Johnson Clerk of Superior Court SCALE IN F' E E T PREPARED BY ^ cr~n~~ R_Ob;~~~& ~=~=~P.c. . PH: (1rJtS) 122-1"'" aMIl: ......-..... 2oo3-093-E-2 ". .~; .~-.i Book 00946:0748 Augusta - Richmond County 200403958908/23/2004 16:27:22.01 I $0 00 AGREEMENT ~ll;;lll 1:111 nm nm 11111 nlll 11111 111~1111111111111111111- i 2004039589 Augusta - Richmond County I Return to: James T. Plunkett County Attorney's Office 701 Greene Street, Suite 104 Augusta, GA 30901 STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) SUBORDINA TION AGREEMENT THIS AGREEMENT, made and entered into this 13th day of July , 2004, by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "AUGUSTA"), and Georgia Bank & Trust Company of Augusta (hereinafter referred to as "BANK"); WITNESSETH: WHEREAS, NA TIONAL HILLS CLUB, INC. (hereinafter referred to as "OWNER") on October 31, 2002 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 825, page 1300. WHEREAS, OWNER has granted an Easement dated June 20. 2004 to AUGUSTA across the property described on Exhibit A, the original of which is to be recorded simultaneously herewith in the Office of the Clerk of the Superior Court of Richmond County, Georgia; and WHEREAS, BANK is willing to subordinate the lien of its said Security Deed dated October 31, 2002 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 of the Security Deed from OWNER to BANK, dated October 31, 2002, and recorded in the Office of the Clerk of the Superior Court of Richmond. County, Georgia in Realty Reel 825, page 1300 is and forever shall be subject, subordinate and inferior in lien right and dignity at all times to the easement from "" t . J I, ~~. Book 00946:0749 Augusta - Richmond County 2004039589 08/23/2004 16:27:22.01 OWNER to AUGUSTA which is to be recorded in the aforesaid Clerk's Office contemporaneously herewith, , WHEREFORE, BANK has caused this instrument to be executed by its duly authorized officers and seal affixed, all on the date above first written. GEORGIA BANK & TRUST COMP ANY OF AUGUSTA ~; ~* ?~;:,(.f~~ ATTEST~~ Its: ~~ ~~.Jo~~, Notary Public, State of Gj';~01\E C. "~'" ;<:Jf:: ~.. # "ot ~~;, 'n ~, ~o:~, ~~ ~~\$ -.vue ! '. ~ ..~ ~tI" .. ~....lJ.'f!.!t.,- ()V ' 0_", COUN1i~-- """"" ~ . t. .. ,-".';. Book 00946:0750 Augusta - ~ichmond County 2004039589 08/23/2004 16:27:22.01 Exhibit A ", ALL that lot or parcel of land with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, being located in National Hills Subdivision, containing 2.47 acres and being located between Ridgedale Road and Howell Road fronting on the East side of Ridgedale Road 280 feet, more or less, and extending back in an Easterly direction between irregular lines to Howell Drive a distance of 386.7 feet, more or less, on its Northern boundary line and a distance of 500 feet on its Southern boundary line to a width of225.9 feet on Howell Drive and being shown on a plat thereof recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 29 W at page 964; said property is bounded as a whole as follows: NORTH by other property of William H. Smith, et al; EST by Howell Drive; SOUTH by other property of William H. Smith, et al and WEST by Ridgedale Road. Reference is made to.said-pla:: for a more cornp1e.te ;:!nd accurate description of said property. This property is conveyed subject to any restrictions of record in said Clerk's Office and to any easements of record. I . Filed in this office: I Augusta - Richmond County l,__ 08/23/200416:27:22.01 Elaine C. Johnson Clerk of Superior Court "-- --------.. --.------../