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
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(I P.ROyss!. " G
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--=--
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
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CEORGIA 30809
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