HomeMy WebLinkAboutBAILEY DEVELOPMENT DEED OF DEDICATIN AND EASEMENT DEED r• ,
ksb Book 01281:0536 Augusta - Richmond County
AUGUSTA LAW DEPARTMENT 2010046021 11/09/2010 12:45:31.00
$0.00 WARRANTY DEED
501 GREENE STREET, SUITE 302 MI 111111111111111111111111111111111111111111111111111
AUGUSTA, GA 30901 -4415 2010046021 Augusta - Richmond County
STATE OF GEORGIA
COUNTY OF RICHMOND
DEED OF DEDICATION and EASEMENT DEED
FLOWING WELLS ROAD SANITARY SEWER
and
• FLOWING WELLS BUSINESS PARK GRAVITY SANITARY SEWERAGE TRUNK
PIPELINE (PRIVATE STREETS)
WHEREAS, Bailey Development, LLC, a Georgia Limited Liability Company,
(hereinafter known as "DEVELOPER ") and Augusta, Georgia (hereinafter known as
"AUGUSTA "), a political subdivision acting by and through the Augusta- Richmond
County Commission, entered into a Cost Share Agreement to construct a gravity
sanitary sewerage trunk pipeline on Flowing Wells Road and across the property of the
proposed Flowing Wells Business Park; and
WHEREAS the agreement was duly approved by the Augusta- Richmond County
Commission at its regularly held meeting on November 5, 2009; and
WHEREAS DEVELOPER has completed the construction of the gravity sanitary
sewerage trunk pipeline; and
WHEREAS, pursuant to the agreement, DEVELOPER wishes to deed, to
AUGUSTA, the gravity sanitary sewerage trunk pipeline, described generally as:
Beginning at a point approximately 450 feet west of the
intersection, on Flowing Wells Road, of Parcel Identification Number 029-
0- 003 -00 -0 (known as 1233 Flowing Wells Road) and Parcel Identification
Number 029 -0- 004 -00 -0 (known as 1251 Flowing Wells Road), thence
moving south 1150 feet to a point where it intersects with Parcel
Book 01281:0537 Augusta - Richmond County
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Identification Number 029 -0- 005 -00 -0 (known as 1263 Flowing Wells
Road), thence continuing south along the west side of Flowing Wells Road
for about 3000 feet to a point at the upper drive of the Augusta Fire Station
No. 15, thence boring under Flowing Wells Road to connect to an existing
manhole of a 15 inch existing gravity drain at the rear of said fire station,
as shown on a set of plans by Godefroy and Associates, dated July 2,
2009 with revisions; and
WHEREAS DEVELOPER also wishes to deed an exclusive twenty (20) foot
permanent easement in perpetuity over that portion of the sanitary sewerage trunk
pipeline which crosses the property to be developed as the Flowing Wells Business
Park; and
WHEREAS, DEVELOPER has agreed that neither AUGUSTA, nor any of its
departments, shall maintain individual force mains, laterals, and /or grinder pumps and
that said individual force mains and /or grinder pumps and /or laterals shall remain
private.
NOW, THEREFORE, this indenture made this 1' day of n» vee+'dtid- , 2010
between DEVELOPER and AUGUSTA,
WITNESSETH:
DEVELOPER, for and in consideration of the sum of Ten and no /100 ($10.00)
Dollars, to it in hand well and truly paid by AUGUSTA, at and before the sealing and
delivery of these presents, the receipt of which is hereby acknowledged and for the
further consideration of the benefits to its property by the maintenance of said gravity
sanitary sewerage trunk pipeline, by AUGUSTA, has and does by these presents,
grant, bargain, sell and confirm unto AUGUSTA, its successors and assigns, the
following, to -wit:
•
• Book 01281:0538 Augusta - Richmond County
2010046021 11/09/2010 12:45:31.00
An exclusive easement(s) in perpetuity over the gravity
sanitary sewerage trunk pipeline, as shown said easement
described as being ten (10) feet on both sides of the
centerline of the pipeline, as shown on a plat prepared by
Toole Surveying Company, Inc., dated August 10, 2010, said
plat being attached hereto and made apart hereof, and to
which reference is hereby made for a more complete and
accurate description as to the systems herein described.
Said easement being for the purpose of laying, adding,
relaying, expanding, installing, extending, operating,
repairing and maintaining pipelines transporting and carrying
utility services.
Together with all the necessary rights of egress and ingress
to said easement for the purposes stated herein.
Also, any interest DEVELOPER has, or may have, in and to
the gravity sanitary sewerage trunk pipeline, as described
previously in this document and as shown in a set of plans
by Godefroy and Associates dated July 2, 2009, with
revisions, a copy of which is located in the office of the
Augusta Utilities Department.
DEVELOPER, having elected to maintain the roads and streets as private
streets, covenants that its (her /his) heirs, legal representatives, successors and assigns,
shall repair, pave, or replace any private parking lot, road or street, or any portion
thereof, through which AUGUSTA may excavate or perform other work in connection
with repairs, construction, maintenance, or extension of its gravity sanitary sewerage
Book 01281:0539 Augusta - Richmond County
2010046021 11/09/2010 12:45:31.00
trunk pipeline system, and shall grant to the AUGUSTA the necessary easement(s) in
connection with such construction or extension.
DEVELOPER also grants AUGUSTA the right, but not the duty, to clear and
keep clear, all trees, undergrowth and other obstructions from said permanent
easement, along with the right of free ingress and egress to and from said permanent
easement for this purpose.
DEVELOPER further agrees that no trees or other vegetation that may interfere
with the laying, relaying, installing, extending, operating, repairing and maintaining of
pipelines transporting and carrying utility services shall be planted on said easement(s)
and that no buildings, structures, or other permanent improvements shall be erected,
constructed, or maintained thereon.
TO HAVE AND TO HOLD said gravity sanitary sewerage trunk pipeline and
permanent easement, together with all and singular, the rights, members,
appurtenances thereof to the same being, belonging, or in anywise appertaining, to the
use, benefit and behoof of AUGUSTA, its successors and assigns forever, to do with as
it wishes.
AND DEVELOPER, its heirs, legal representatives, successors and assigns, will
warrant and defend the right and title to the above described property, to AUGUSTA, its
successors and assigns, against all claims of all persons whosoever.
Book 01281:0540 Augusta - Richmond County
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IN WITNESS WHEREOF, DEVELOPER has hereunto set its hand and affixed its
seal the day and year first above written.
BAILEY DEVELOPMENT, LLC
i
Signed, sealed and delivered in By: ` . iield
Richard E. Bailey
/ As its: Partner
WITNES:
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Richmo Cto,,irily, e�6r
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Signed, sealed and delivered in By F
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Ke eth Richard Bailey
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As its: Partner
WITNESS
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NOTARY '
Richmonc 4 j r ikP
My Commiss'i t ,,, � o ° � /- Z f —2 U/ `c
Book 01281:0541 Augusta - Richmond County
2010046021 11/09/2010 12:45:31.00
ACCEPTED BY:
AUGUSTA, GEORGIA
By:
46 ,4, 0 Deke Cop haver
+) As its Mayor
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Attest: ; � „Jed * 6/4:1. ■
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