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HomeMy WebLinkAboutCENTRAL OF GEORGIA RAILLROAD COMPANY DEED OF EASEMENT , . .~ ,';. ~ , " Book 01182: 1776 Augusta - Richmond County 2008030398 07/0212008 11 :43:29.00 $0.00 EASEMENT 1/11111 11111 1111I11111111111111111I11 11I11 ""11111111" 1111 2008030398 Augusta - Richmond County Return to: James T Plunkett 701 Greene Sl, Suite 104 Augulta, GA 30901 THIS INDENTURE, made and entered into thisJ~!:!. day of ~ ' 2008, by and between CENTRAL OF GEORGIA RAILROAD COMPANY, a corporation organized and existing under DEED OF EASEMENT the laws of the State of Georgia, having its principal office in Norfolk, Virginia, Grantor, and AUGUSTA, GEORGIA, a Political Subdivision of the State of Georgia, Grantee: WITNESSETH: That the said Grantor, for and in consideration of the sum of FOUR THOUSAND NINE HUNDRED DOLLARS ($4,900.00), and other valuable consideration, paid by Grantee to Grantor, the receipt whereof is hereby acknowledged, does by these presents, GRANT unto Grantee, a twenty (20) foot wide permanent easement or right of way for the construction, operation, maintenance and removal of a forty-two (42) inch sanitary sewer encased in a sixty (60) inch steel casing pipe under and across the land as hereinafter described, being situated in Richmond County, Georgia, to wit: AN EASEMENT OR RIGHT OF WAY upon and across a parcel of land situate, lying and being in Richmond County, Georgia, and being more particularly described as follows to wit: All that strip, piece or parcel of land situate, lying and being in Richmond County, Georgia, and being more particularly described as follows: (At the place where the tracks of Central of Georgia Railroad Company cross the right-of-way of Lumpkin Road) At Milepost D-127. 71, Millen-August Line, Georgia Division; commence at construction station 11 +78, thence thru left and travel 9 feet to a point on the North right-of-way of Lumpkin Road being the POINT OF BEGINNING; thence turning and traveling North 01048'53" West for a distance of21.05 feet to a point; thence turning and traveling North 70001 '32" East for a distance of 105.24 feet to a point; thence turning and traveling South 0 I 048'53" East for a distance of21.05 feet to a point; thence turning and traveling South 70001'32" West for a distance of ----.:: 105.24 feet back to the point of beginning. Said permanent easement contains 2, I 04.84 square feet (0.048 acre) as substantially shown on a plan prepared by W. R. Toole Engineers, Inc. dated October 19,2006, a copy of which is attached hereto and by reference incorporated herewith. 1 c-sx ; \ ~" 0 S'~" , , \ ~ .' . Book 01182: 1777 Augusta - Richmond County 2008030398 07/02/2008 11 :43:29.00 SUBJECT, however, to such easements and restrictions as may appear of record or as may be apparent from an examination of the premises. RESERVING, however, unto Grantor its affiliates, subsidiaries, parent corporations, successors, assigns, licensees and lessees the right to continue to maintain, repair, renew and operate a railroad and appurtenances across the easement area and to construct such additional track (s) and other railroad facilities across said easement area and to maintain, repair, renew and operate the same as in the judgment of Grantor, its affiliates, subsidiaries, parent corporations, successors, assigns, licensees and/or lessees may be requisite. RESERVING, further, unto Grantor, its affiliates, subsidiaries, parent corporations, successors, assigns, licensees and/or lessees the right to install, construct, locate, maintain, repair and renew any fiber optic communications lines and associated structures and facilities related thereto across, under or over said easement area and to maintain, repair, renew and operate the same as in the judgment of Grantor, its affiliates, subsidiaries, parent corporations, successors, assigns, licensees and/or lessees may be requisite. TO HA VE AND TO HOLD the above described easement unto Grantee, its successors and assigns, so long as it or they may require the same for the purposes granted; PROVIDED, however, that this conveyance is made by Grantor upon the following conditions, (a) that Grantor shall not be required to assume any expense in connection with or incident to any construction, maintenance, use or repair of any facilities located within said easement area and shall be exempt from any and all charges, costs or assessments of any kind or character on account of the construction, maintenance, use or repair of any facilities located within said easement area under and across the aforesaid parcel of land or adjacent property of Grantor; (b) if, at any time, the easement herein granted or any part thereof, shall no longer be used or required by Grantee, its successors or assigns, for the purposes which granted, the same shall terminate and Grantee, its successors or assigns, shall execute such instruments as now provided or as may be hereinafter provided by law to clear title to the aforesaid property; and (c) upon termination of the easement for any reason, Grantee shall remove all facilities placed within the easement area and restore the 2 , , , , \ . Book 01182:1778 Augusta - Richmond County 2008030398 07/02/2008 11 :43:29.00 property to a condition acceptable to Grantor's chief engineering officer. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 3 Book 01182:1779 Augusta - Richmond County 2008030398 07/02/2008 11 :43:29.00 IN WITNESS WHEREOF, the said Grantor, has caused these presents to be signed by its Assistant Vice President - Real Estate and its corporate seal attested by its Assistant Corporate Secretary, to be hereunto affixed the day and year first above written. Signed, sealed and delivered in presence of: Wi~cIvIt~ ~e~~ Notary Public _ Barbara C. Bardin ,: p>.......::.' Notary Public, Douglas County, Geor~ . . ., '; My .co1oolission Ellpies FebruaIy 28 20' 2. .' " " ::.~ This instrument prepared by: Linda V, Hill General Attorney - Real Estate Norfolk Southern Corporation 1200 Peachtree Street, NE _12th Floor Atlanta, Georgia 30309-3579 L VH/vlml153399I v III 090982 CENTRAL OF GEORGIA RAILROAD COMPANY By V V l1' A~~ron!~reSi~en~~re L. S. ATTEST: 4 :.Of '~.~~.~;'f~';t': ."'..\ '~ :~.:,~ ~,,; ~~<, .:~ ~:'\ ~.;;~;~;;~~~.~~~~ {: . /{:~~fr ";~S~ .. ~: "r) ~ '1"1 r- t' '";~, ': I:) : c. :: '::",: --,/":: .i~ ~ u _, ""'" ,d C>>: i'; ..: '.~,,-~.;. ':~~~::l~. _ .,.r:,t'~;:-:~..'{~~ /.~ >., rL> '>'.,,,, '( \]f''':;>'' I).. '~"':"; ~-":W~{l~'{~ ,,\\~. '> - ' " \ ) >> - c: :J 001 1:: O~ :J -00> 0 "C:O<:'!c:O Q) (")0'- r ,52 E "<t CJ) .Q ::=.c:';"':C:w o .52 ..... .g a. .!!1 a::: co 'J :J .c: I 0 I . Cf.) - ctl 0 ()..... c:_N, 0 .- CJ) -- Q) -o:JNc:~ Q) Ol 52 '(ii w = :J r- .- - LL <( 0 l.u 0 , ,,. \ , \ ~~ \' I ,. \,C; ~ i ; ; \ ; ! ~ \ ,; : I , : \, ! Co \0 I. .~~ I :~ i : , I 20 0 20 IJ'rIi~_ I SCALE IN FEET a; 1 ; ; ; I , . ; , ; i : . ~ I I! ; . I, : I I ~ I '" I, Ii:':: 1: ;: Fl: ; I, I, ~ at: I ~ , , :>t o , , ~ ~:E~, .; : ~ a: ; ! ; . , , \ . , : : loll "I/or.. SHEET 1 OF' 2 '::0 i~ , , f I : ; ,'(J) ~ rD/irJ,r IF.!" '~;.', J"I ! (.: ;:-; . ~;>~: ".' E ; . , ; i , , . :' r , ' . : ; i':' ...J" . f ; , . I , I . "I : ; f , I ; Book 01182:1780 Augusta - Richmond County 2008030398 07/02/2008 11 :43:29.00 !" I I I I I I J' . . , ~..' ''I . ~~~ \ ....~;:i ~q C) ~~ ~~ !i!"' ~~i:li !a ~ :..!to lll~ ~~ ~~ S! ~~ ~ 't l!l~ l:'l ~ o + o o PLAN LOCA 110N: MILEPOST 0-127.71, MILLEN - AUGUSTA LINE V 8 JC1C,h r 7'TiJo W R Toole EngJi1eer~ Inc. .349Gn1eneSt.. Augusta, Ga. .30901.706722.4114. www.lt1l.oole.com Engineers . Consultants . Planners ~A -z.aa~-~ --$I, $