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HomeMy WebLinkAboutCENTRAL OF GEORGIA RAILROAD COMPANY After recording, please return to: Augusta Utilities Department Land Acquisition Section 360 Bay Street, Suite 180 Augusta, Georgia 30901 (706) 312-4143 Book 01127:1929 Augusta - Richmond County 2007033636 06/20/200715:54:07.00 $0 00 EASEMENT I Ilmil 11111 III 11111 11111 1.11 111111111 UII 11111.11 II. 2007033636 Augusta - Richmond County DEED OF EASEMENT TIllS INDENTURE, made and entered into this) I.J tJ. day of AII',' J by and between CENTRAL OF GEORGIA RAILROAD COMPANY, a corporation organized and ,2007, existing under the laws of the State of Georgia, whose mailing address is Three Commercial Place, Norfolk, Virginia 23510, Grantor, and AUGUSTA, GEORGIA, aPolitical Subdivision of the State of Georgia, Grantee: WITNESSETII: That the said Grantor, for and in consideration of the sum of TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00), and other valuable consideration, paid by Grantee to Grantor, the receipt whereof is hereby acknowledged, does by these presents, GRANT unto Grantee, two permanent easements, in perpetuity, or rights of way, for the construction, operation, maintenance and removal of utility pipelines in, under and across the land as hereinafter described, being situated at or near Augusta, Richmond County, Georgia, to wit: PERMANENT EASEMENT 'A' : All that strip, piece or parcel ofland situate, lying and being in the 87th GMD, Richmond County, Georgia, containing 1,686 square feet and being more particularly described as follows: Beginning at a point on the northwestern right of way of New Savannah Road, said point being S520 51 '0 1 "W a distance of 172.00 feet from the intersection of said northwestern right of way of New Savannah Road with the southwestern right of Book 01127:1930 Augusta - Richmond County 2007033636 06/20/2007 1.5:54:07.00 way of Laney Walker Blvd.; thence turning and traveling N 190 51 '40"W for a distance of 84.59 feet to a point; thence turning and traveling N53 038'27"E for a distance of 16.64 feet to a point; thence turning and traveling N69015'41 "E for a distance of 4.04 feet to a point; thence turning and traveling S 19051' 40 "E for a distance of 83.15 feet to a point; thence turning and traveling S52 0 51 '0 1 "W for a distance of20.95 feet back to the Point of Beginning; and being substantially as shown on a plat by Southern Land Surveyors, Inc., prepared for the Augusta- Richmond County Commission Augusta, Georgia, dated December 18, 2006, which is attached hereto and made a part thereof. ALSO granted herewith are temporary construction easements "A" and "C" as shown on said plat prepared by Southern Land Surveyors, Inc. Said temporary construction easements to be used for the piling of dirt, storing of pipe, operation of equipment, and other construction activities. Said temporary construction easements will expire upon the completion of construction and the acceptance of said pipeline by Augusta, Georgia. Tax Map 060-0, Parcel 96 PERMANENT EASEMENT 'C': All that strip, piece or parcel ofland situate, lying and being in the 87th GMD, Richmond County, Georgia, containing 2 square feet and being more particularly described as follows: Beginning at a point on the southern boundary line of the Central of Georgia Railroad right-of-way and the northern boundary line of property now, or formerly of Citico Realty Co. (Tax Map 060-0, Parcel!.!.), said point being S52051'Ol "W a distance of 172.00 feet, thence N19051'40"W a distance of 84.59 feet, thence N53 038'27"E a distance of 16.64 feet from the intersection of the northwestern right of way of New Savannah Road with the southwestern right of way of Laney Walker Blvd.; thence turning and traveling N53040'OO"E for a distance of 4.22 feet to a point; thence turning and traveling S19051'40"E for a distance of 1.13 feet to a point; thence turning and traveling S690 15'41 "W for a distance of 4.04 feet back to the Point of Beginning; and being substantially as shown on a plat by Southern Land Surveyors, Inc., prepared for the Augusta-Richmond County Commission Augusta, Georgia, dated December 18, 2006, which is attached hereto and made a part thereof. ALSO granted herewith is temporary construction easement "D" as shown on said plat prepared by Southern Land Surveyors, Inc. Said temporary construction easements to be used for the piling of dirt, storing of pipe, operation of equipment, and other construction activities. Said 2 BOOk01127'1931 A 2007033636 0612~;2~~~~;~~:~~~.00 temporary construction easement will expire upon the completion of construction and the acceptance of said pipeline by Augusta, Georgia. SUBJECT, however, to such easements and restrictions as may appear of record or as may be apparent from an examination of the premises. GRANTOR agrees that no permanent structure shall be constructed, or placed, upon the permanent easements granted herein and grants Grantee the right, but not the duty, to clear trees and shrubs from said permanent easements, along with the right of ingress and egress to said easements for this purpose and all other purposes stated within this document. TO HA VB 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: 1. 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. 2. 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. 3. Upon termination of the easement for any reason, Grantee shall properly fill in the pipes so that proper support for Grantor's facilities is maintained. 4. Grantor's Division Engineer at Atlanta, Georgia, shall be given at least seventy-two (72) hours' advance notice before entry upon the property. The Division Engineer is Mr. L. G. Bobbitt, Jr., whose telephone number is (404) 529-1387. 5. (a) Without limiting in any manner the liability and obligations assumed by Grantee under any other provision of this Agreement, and as additional protection to Grantor, Grantee shall, at its expense, pay the Risk Financing Fee set forth in subparagraph (iii) below and shall procure and maintain with insurance companies satisfactory to Grantor, the insurance policies described in subparagraphs (i) and (ii). 3 4 (i) Prior to commencement of installation or maintenance of the Facilities or entry on Grantor's property, Grantee, and its contractor if it employs one, shall procure and maintain for the course of said installation and maintenance, a general liability insurance policy naming Grantor both as a certificate holder and as an additional insured, and containing products and completed operations and contractual liability coverage, with a combined single limit of not less than $2,000,000 for each occurrence. Subject to Grantor's approval, Grantee may self- insure its obligation as required by this subparagraph (i). (ii) Prior to commencement of any subsequent maintenance of the Facility during the term of this Agreement, Grantee, or its contractor if it employs one, shall furnish Grantor with an original Railroad Protective Liability Insurance Policy naming Grantor as the named insured and having a limit of not less than a combined single limit of $2,000,000 each occurrence and $6,000,000 aggregate. Subject to Grantor's approval, Grantee may self-insure its obligation as required by this subparagraph (Ii). (iii) Upon execution of this Agreement, Grantee shall pay Grantor a Risk Financing Fee of$ 1,000.00 to provide for such supplemental insurance (which may be self-insurance) as Grantor, in its sole discretion, deems to be necessary or appropriate. (b) All insurance required under preceding subsection (a) shall be underwritten by insurers and be of such form and content as may be acceptable to Grantor. Prior to commencement of installation or maintenance of the Facilities or any entry on Grantor's property, Grantee, or its contractor if it employs one, shall: Furnish to Grantor's Risk Manager, Three Commercial Place, Norfolk Virginia 2351 0-2191 (or such other representative and/or address as subsequently given by Grantor to Grantee in writing), for approval, the original policy described in subsection (a)(ii) and a certificate of insurance evidencing the existence of a policy with the coverage described in subsection (a)(i). 6. No drainage conditions shall be created or allowed to exist which would be adverse to Grantor's property. 7. Grantee will construct and maintain the pipelines, at its expense, in such a manner as will not interfere with the operations of Grantor or endanger persons or property of Grantor, and in accordance with (a) plans and specifications prescribed by Grantor, (b) applicable govemmental regulations or laws, and (c) applicable specifications adopted by the American Railway Engineering Association when not in conflict with plans, specifications or regulations mentioned in (a) and (b) above. ATTEST: CENTRAL OF GEORGIA RAILROAD COMPANY By: L. " H- eJ ~~ . ' -- Book 01127:1933 . 2007033636 OA6u/gusta - RIchmond County 20/2007 15:54:07.00 IN WITNESS WHEREOF, the said Grantor, have caused these presents to be signed by its Real Estate Manager and its corporate seal attested by its Assistant Corporate Secretary, to be hereunto affixed the day and year first above written. ,~~,o.~ AS . tant Corporate Secret~ny Real Estate Manager 5 C,VI fu Ker and /(,tl1sA a O. SvJa : t1 known to me to be Book 01127:1934 Augusta - Richmond County 200703363606/20/2007 15:54:07.00 STATE OF GEORGIA ) COUNTY OF FULTON ) Before me, a Notary Public in and for the said County, personally appeared the persons who, as Real Estate Manager and Assistant Corporate Secretary, respectively, of Central of Georgia Railroad Company, the corporation which executed the foregoing instrument, signed the same, and acknowledged to me that they did so sign said instrument in the name and upon behalf of said corporation as such officers, respectively; that the same is their free act and deed as such officers, respectively, and the free and corporate act and deed of said corporation; that they were duly authorized thereunto by its Board of Directors; and that the seal affixed to said instrument is the corporate seal of said corporation. IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and affixed my official seal, at Atlanta, Georgia, this ~ I.j -!'J, day of A tJ r,' I 2007. I My commission expires: Notary Public, Fayette County, Georgia My Commission Expires March 30,2010 ~W77!~ , Notary Public Linda V. Hill, Esq. General Attorney - Real Estate Norfolk Southern Corporation 1200 Peachtree Street, NE - 12th Floor Atlanta, Georgia 30309-3572 L VH:swm 1096227 Ease. 3-26-07/IM#449994vl 6 Book 01127:1935 Augusta - Richmond COUl;lty 2007033636 06/20/2007 15:54:07.00 Accepted, this .fJ day of ,J iJ N k , 2007. ir~ ,JCfV '~ AUGUSTA, GEORGIA By: cLe- {/------ Deke Coppenhaver As Its Mayor Attes~~ As Its Clerk of Commission SIGNED, SEALED AND DELIVERED In the presence of: ~ tJ 'tnEltthtdL Notary 'c Notary Public "" M"'" . '. ,",ounty, Goorgl~ y vommlsslon Expires July 27, 2010 (SEAL) LINE TABLE LINE LENGTH BEARING \ LINE LENGTH 5.34' 519'51'40"E ... Q \ L13 90.86' 15.00' 56915'4'''W ~~ \ NORFOLK SOUTHERN R/R L18 20.21' 1.13' N19'51'40"W 10 0 C'> \ F/K/A CENTRAL OF GEORGIA L19 72.88' 15.64' N53'40'OO"E -0 ~w, 't,~' \ tt\WAY~/~OMPANY , L20 1564 ~ "'~ \ ~~ !'~ ~~~ ~\'t \:\ . TE:MPORARY \ ~ ~~ ~\ \:t ~~\ \ ~\,\. ~=~~n~N. 'y~',' \ \11 \5~ \ -t;, ~~":'i \ \\ \=\- ~~ \\ \ \t\ Yo\: ;" ~ \- \\ \:.\:\ I ~~:f~.." ~ ~ ~\\ ';.'.i}\',~i&11--\ ~~ f,W" ?YF5;}.~t-~ jfig~gg~~o / </ \ ~ I I. ,,~~~\\ \. "" \1 \ 7 NEW SANITARY SEWER' , \ . \ .... LI 'l. / \.C~~"-7;'., ~~~.~ L;~~LL'522' '5\-' U "'~' ,'I> Vo~ N 1259236.~;;:/' ", \ ~ / '\ ...:,~\'St~~~l... ,,""-E 7165921646 N 1259297.0217 N 1259016.9435 \ I.1l r \ \ ct -. LtS ".l.< ~-";l.r L1 ~ '/ E 716563.9575 E 716696.674: 125903621:9\ \' ~ ~ \\'; \~ ~~~~~N!~! 'I \'-,L]21 ~\ PE~:~N!::r~> E 7166581680 t1 \ \( ::.4t" / 'a \ \~ TFMPORARY C?,f}"?) PROPERTY UNE~1tU~~ tJ1 \ ,0:. CONSTRUCnON " 1>:// ____ ~~ \ ~ " \;.t \ EASEMENT "C" II, ~./ . 1"/ . , .........T ~'"..':L,,,-, " '"""" 'N0'''''''''' UNE \ ~. \ ,'/I, \ TE:MPORARY ..ll \ ~PORARY '~. ./// , II: ~X@X-. '!:f.:d8.A'f/i.1:i] \ :j. \ I~ CONSTRUCnON CONSTRUCnON... / I..L- II /../11 I 1/ /. I / iii ~ \ \"" EASEMENT "0" ) EASEMENT "E" . . j' ~ f III; // ';\/ , I ii/III! ~ ~ '. \ \ "jJ ~// . \ " LI"tb:.&:w ~.,a:~~ ~ \ 0 \ \ \ ., .'iJ:ITIC.O REALTY CO. --\\.' . TYPICAL UTILITY EASEMENT \ ~ \, \ , .t TAX MAP 60-~ :AACE.t. 96 \-::i~. ~\ N.t.L \ \\ \ / 1M /~/ ~\--~ \ \\ " . /:/, ~~'\ 0.047 Ac. \ , \:01.:---..-_. // _, Y,,' ~\ 2057 S.F', \ .1.'\ --....-.--- :::.W 70 'e} \~ PERMANENT ESMT. "B" '\ ~ \"\,, I , j' ''- LINE TABLE \ ~....,l" ...... /" '- LENGTH BEARING \ ..' ~~E 114.83' N19'51'40"W /.1 ~ L12 26.94' 567"47'25"E , /-;, L13 90.86' 519'51'40"E , /1 '" L14 4.22' 553'40'OO"W / fl L8 16.64' 553'38'27"W It', 0.039 Ac. t '- 1686 S.F'. l/ "PERMANENT ESMT. "A" fi..;! LINE TABLE /l/ LINE LENGTH BEARING L3 84.59' N19'51'40"W L8 16.64' N53'38'27"E L9 4.04' N69'15'41"E L10 83.15' 519'51'40"E L 11 20.95' 552'51'01"W 0.029 Ac.- 1,271 S.F. TEMPORARY CONSTRUCTION ESMT. "A' TO BE ABANDONED AFTER CONSTRUCTION LINE TABLE LINE LENGTH BEARING L1 84.81' N19'51'40"W L2 15.64' N53'38'27"E L3 84.59' 519"51' 40"E L4 15.71' S52"51'01"W 0.001 Ac.- 49 S.F. TEMPORARY CONSTRUCTION ESMT. "0" TO BE ABANDONED AFTER CONSTRUCTION LINE L21 L15 L22 L20 ~ 0.043 Ac.- 1,857 :i.F. TEMPORARY CONSTRUCTION ESMT. "B" TO BE ABANDONED AFTER CONSTRUCTION LINE TABLE LINE LENGTH BEARING' L5 132.81' N19'51'40"W L6 ?0.21' 567"47'25"E L7 114.83' 519'51'40"E L2 15.64' 553'38'27"W 0.028 Ac.- 1,214 S.F. TEMPORARY CONSTRUCTION ESMT. "C" TO BE: ABANDONED AFTER CONSTRUCTION LINE TABLE LINE LENGTH BEARING L10 83.15' N19'51'40"W L15 15.00' N69'15'41"E L16 78.71' 519'51'40"E L17 15.71' 552'51'01"W PERMANENT UTILITY EASFMENT 0.OB6 Ac. 3,745 S.F. - TOTAL TEMPORARY CONSTRUCTION EASEMENT 0.129 Ac. 5,619 5.F. - TOTAL 0.028 Ac.- 1,228 S.F. TEMPORARY CONSTRUCTION ESMT. "E" TO BE: ABANDONED AFTER CONSTRUCTION TABLE BEARING N19'51'40"W 567'46'41"E 519'51' 40"E 553'40'OO"W 0.000 Ac. 2 S.F'. PERMANENT ESMT. "e" LINE TABLE LENGTH BEARING 4.22' N53'40'OO"E 1.13' 519'51'40"E 4.04' 569'15'41"W NOTES: ,. THIS PROPERTY MAY ALSO BE SUBJECT TO EASEMENTS, SETBACKS OR REGULATIONS, NOT 5HOWN ON THIS PLAT, BUT WHICH MAY BE ON RECORO IN THE CLERK OF SUPERIOR COURT'S OFFICE. !ii~'r~LIJ SijlNEY Al1D P~:,lh ~02 ~";:";~;:r T ;'i',II!! IIII)II[SI OF AI,IJ nHl lilt tAlLV"'t I II 'I lill\i:iYN';~'~;IFiIIlS p~~~Jiillin:;)i IN MY OPINION, THIS PLAT IS A CORRECT REPRESENTATION OF THE LAND PLATTED AND HAS BEEN PRE- PARED IN ACORDANCE WITH THE MINIMUM STANOAROS OF LAW. ~RG/ (:)<v.", ST<>lq; c;g 7 - ,..--- -.-'~"1~ (I P.ROyss!. " G <9.: I' Lj L <" H ' '1rt- &05 f?J~ / ~ C. '<\~~ --=-- LINE L14 L22 L9 UTlU1Y EASEMENT PLAT: AUGUSTA-RICHMOND COUNTY COMMISION AUGUSTA, GA, JOB # H03169-32 ORD. BY: S~1lIlER LOCATION: SHOWING A 20' PERMANENT EASEMENT AND A 15' TEMPORARY EASEMENT ON EACH SIDE OF THE PERMANENT EASEMENT THRU TAX MAPS 060-0-001-01-0 & 060-0-096-00-0 AUGUSTA-RICHMOND COUNTY STATE OF GEORGIA EQUIPMENT: REFERENCES: RICHMOND COUNTY BOOK 29-U o TOPCON GPT-1003 SURVEY DAlE: PLAT DATE: 12/18/06 PLAT CLOSURE: N/A 50 I 25 50 6/23/03 M.S.C. DRAWN BY: SCALE IN FEET SCALE: 1"- 50' SOUTHERN LAND SURVEYORS, INC. OCJ FlO CLOS PRECISION = 1/18.931' FIELD ANG ERROR - 5" /PT ADJ. BY: NO RULE T~( 'I (f l' I I I'~ '''-.l 1 i II I i 'I ,~!.' J-I'~ : , i:-=- 4571-C COX ROJlD CEORGIA 30809 SURVEYORS o o ~"'" co ;:, " o "lit ULl) 't:' ., eLl) OT"" ,g"", .20 0::0 '(\I nl _ 'li)0 ;:'(\1 Ol_ ;:,co ~O COco ~(\') ::co ......(\') N(\') ;:0 O!,-- -'<:0 go lXl(\l 1:: ;:, o eU 0.... l/l.g e(l) -So. ....,;:, .CJ) U- (I) 0 e-'<: .- .... nl (I) WU 100 I ~ e ::l 00 Uo 't:'r-.: c::0 "0" ~E~ lE"5..n O._~ l/l0:::...... :2.0 -roO c::-N :c~o (I) Cl~ ~.i~