HomeMy WebLinkAboutCENTRAL OF GEORGIA RAILROAD COMPANY $5,000.00
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After recording, please return to:
Augusta Utilities Department
Land Acquisition Section
360 Bay Street, Suite 180
Augusta, Georgia 30901
(706) 312-4143
Book 01127: 1937 Augusta - Richmond County
200703363706/20/200715:54:07.01
$0.00 EASEMENT
1111111111111111I1111I111111111111I1111111111111111I11111111
2007033637 Augusta - Richmond County
DEED OF EASEMENT
1HIS INDENTURE, made and entered into thisJ ?I fA day of j). Or" I ,2007, by
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and between CENTRAL OF GEORGIA RAILROAD COMPANY, a corporation organized and
existing under the laws of the State of Georgia, whose mailing address is Three Commercial Place,
Norfolk, Virginia 23510, Grantor, and AUGUSTA, GEORGIA, a Political Subdivision of the State of
Georgia, Grantee:
WITNESSE1H: That the said Grantor, for and in consideration of the sum of FIVE .1"'
1HOUSAND DOLLARS ($5,000.00), and other valuable consideration, paid by Grantee to Grantor, the
receipt whereof is hereby acknowledged, does by these presents, GRANT unto Grantee, a 20-foot wide
permanent easement in perpetuity, or right of way, for the construction, operation, maintenance and
removal of a sixty-four (64) inch ductile iron sanitaIy sewer pipe contained within a seventy-two (72)
inch steel casing pipe in, under and across the land as hereinafter described, being situated at or near
Augusta, Richmond County, Georgia, to wit:
PERMANENT EASEMENT 'B':
All that strip, piece or parcel ofland situate, lying and being in the 87th GMD, Richmond
County, Georgia, and being more particularly described as follows:
Beginning at a point on the southern boundary of the Central of Georgia Railroad right-of-
way and the northern boundary of property owned now, or formerly by Citico Realty Co.
(Laney-Walker Blvd., Tax Map 060-0, Parcel 1.1) , said point being S52051'01 "W a
distance of 172.00 feet and thence N19051 '40"W a distance of 84.59 feet from the
intersection of the westerly right-of-way line of Laney Walker Blvd. with the
northerly right-of-way line of New Savannah Road; thence traveling
N19051 '40"W for a distance of 114.83 feet to a point; thence turning and traveling
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Book 01127:1938 Augusta - Richmond County
2007033637 06/20/2007 15~54:07.01
S6T47'25"E for a distance of26.94 feet to a point; thence turning and traveling
S 19051 '40"E for a distance of 90.86 feet to a point; thence turning and traveling
S53 040'00"W for a distance of 4.22 feet to a point; thence turning and traveling
S53038'27"W for a distance of 16.64 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 "B" and "E" 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.
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.
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Book 01127:1939 Augusta - Richmond County
2007033637 06/20/2007 15:54:07.01
TO HAVE 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. All reasonable care shall be exercised and such precautions taken as said Superintendent,
or his authorized representative, may deem necessary to protect Grantor's facilities and operations.
Grantor reserves the right to place watchmen, flagmen, inspectors and supervisors for protection
purposes during the operations hereunder and the expense thereof, including the expense of any material
furnished, shall be promptly paid by Grantee upon receipt of Grantor's bill therefore. In addition to direct
wage and material cost, such expense shall include, but shall not be limited to, cost of supervision,
traveling expenses, Federal Railroad Retirement and Unemployment Taxes, vacation allowances and all
other expense incidental thereto.
6. (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).
(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
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Book 01127: 1940 Augusta - Richmond County
2007033637 06/20/2007 15:54:07.01
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,OOO,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
23510-2191 (or such otherrepresentative 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).
7. No drainage conditions shall be created or allowed to exist which would be adverse to
Grantor's property.
8. A minimum clearance of fifteen (15) feet from the centerline of the nearest track shall be
maintained at all times for any material, equipment or vehicles of Grantee occupying Grantor's property
unless authorized in writing by Grantor or Grantor's Superintendent.
9. 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.
10. If Grantor shall make any changes, alterations in or additions to the line, grade, tracks,
structures, roadbed, installations or works of Grantor at or near the pipelines, Grantee shall, at its own cost
and expense, make such changes in the location and character of the Facilities as, in the opinion of the
chief engineering officer of Grantor, shall be necessary or appropriate to accommodate any construction,
improvements, alterations, changes or additions of Grantor.
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Book 01127:1941 Augusta - Richmond County
200703363706/20/2007 15:54:07.01
11. Grantee will notifY Grantor prior to the installation and placing in service of cathodic
protection in order that tests may be conducted on Grantor's signal, communications and other electronic
systems for possible interference. If the pipelines cause degradation of the signal, communications or
other electronic facilities of Grantor, Grantee, at its expense, will relocate the cathodic protection and/or
modifY the Facilities to the satisfaction of Grantor so as to eliminate such degradation. Such modifications
may include, without limiting the generality of the foregoing, providing additional shielding, reactances
or other corrective measures deemed necessary by Grantor. This provision applies to the existing signal,
communications and electronic equipment of Grantor and to any signal, communications or electronic
equipment which Grantor may install in the future.
12. If Grantee fails to take any corrective measures requested by Grantor in a timely manner or
if an emergency situation is presented which, in the Grantor's judgment, requires immediate repairs to the
facilities, Grantor, at Grantee's expense, may undertake such corrective measures or repairs as it deems
necessary or desirable.
13. It is further agreed between the parties that the premises shall be used by Grantee only for
the pipelines and for no other purpose without the written permission of the chief engineering office of
Grantor.
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 SecretaIy, to be hereunto affixed
the day and year first above written.
ATIEST:
~o.~
Ass tant Corporate Secretary
CENTRAL OF GEORGIA RAILROAD COl\1P ANY
By:(..,v~
L J. ~-
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Real Estate Manager
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Book 01127:1942 Augusta - Richmond County
2007033637 06/20/2007 15:54:07.01
STATE OF GEORGIA )
COUNTY OF FULTON )
Before me, a NotaIy Public in and for the said County, personally appeared
C. 11, & Key- and K:llq A a.. I), $" wa.: n
known to me to be the persons
who, as Real Estate Manager and Assistant Corporate SecretaIy, 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 ~ day of .4/1)(',' I 2007.
My commission expires:
Notary Public, Fayette County, Georgia
My Commission Expires March 30, 2010
~ tJ 7J1~
, 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 1096226 Ease.
3-26-07 / IM#449964v I
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Book 01127:1943 Augusta - Richmond County
200703363706/20/2007 15:54:07.01
Accepted, this ,5 day of J U AI G , 2007.
AUGUSTA, GEORGIA
Q.~ By: L~P
. .~ Deke~er-.
Jtvf ~ As Its Mayor
tfi 1:'(,\1'" \d\ttesrA~
As Its Clerk of Commission
SIGNED, SEALED AND DELIVERED
In the presence of:
~ $I U. 'tnetC2u.(JL
Notary Pu 'c
Notary Public, Columbia County, Georgia
My Commission Expires July 27, 2010
(SEAL)
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LINE TABLE
LINE LENGTH BEARING
L13 90.86' N19'51'40"W
L18 20.21' S67"46'41"E
L19 72.88' S19'51'40"E
, L20 15.64' S53'40'OO"W
. 'y *'/.
t!--N 12592J7.8180 /~/
ro E 716558.7625 /' /
'( " ,,///
~'\. NEW SANITARY SE~R //
v o~ /"//,',
,'0 "--N 12592J5.~2~6 "
" E 716592.1648 N 1259297.0217
.' / E 716563.9575
PERMANENT -k~//
E51ofT. "8" ~//
~$;/I'/
,.;f/';f;
A."./"///
J:~/
/ /
1/
/
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, <4 . 1 ., f
0.029 Ac.- 1,271 S.F.
TEMPORARY CONSTRUCTION
ESM T. "A" TO BE ABANOONED
AFTER CONSTRUCTION
0.043 Ac.-'l,857 S.F.
TEMPORARY CONSTRUCTION
ESMT. "B" TO BE ABANDONED
AFTER CONSTRUCTION
LINE TABLE
LINE LENGTH BEARING
L5 132.81' N19'S1'40"W
L6 20.21' 567'47'25"[
L7 114.83' 519'51'40"E
LZ lS.64' SS3'38'27"W
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' SSZ'51'01"W
0.001 Ac.- 49 S.F.
TEMPORARY CONSTRUCTION
ESMT. "0" TO BE ABANDONED
AFTER CONSTRUCTION
PERMANENT UTILITY EASEMENT
0.086 Ac. 3,745 S.F. - TOTAL
TFMPORARY CONSTRUCTION EASEMENT
0.129 Ac. 5,619 S.F. - TOTAL
LINE
LZl
L15
L22
L20
LINE TABLE
LENGTH BEARING \
5.34' S19'51' 40"E r. ~
1S.00' S69'15'41"W ,,"0 \
1.13' N19'51'40"W >;, 0 \
15.64' N53'40'OO"E -0 ~~ ';\~ \
.." \ ~~ !'~ Yi;;\~
\ ":l~ ~'t \~ ~7,~ \
$<D . ~ ~ """":1-<'
\ ~~ \ -c;, ~<6.,:'i \
\ ~~ , "'..;;..\ ~. ~
":"
\ II
\\ ';
\. \
\
N 1259016.9435
E 718898.8747
N 1259036.2159
E 716858.1680
~
\
\
/
,
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'/
'"
".
0.028 Ac.- 1,214 S.F.
TEMPORARY CONSTRUCTION
ESMT. "C" TO BE ABANDONED
AFTER CONSTRUCTION
LINE TABLE
LINE LENGTH BEARING
L10 83.1S' N19'51'40"W
L15 lS.00' N69'lS'41"E
L16 78.71' 519'51' 40"E
L17 15.71' S52'51'01"W
0.028 Ac.- 1,228 S,F.
TEMPORARY CONSTRUCTION
ESMT. "E" TO BE ABANDONED
AFTER CONSTRUCTION
"''''''''']UNt
/.;.;//, I;
.. ..N. i~
'-"'~
TYPICAL UTILITY EASEMENT
0.047 Ac.
\ 2057 S.F.
PERMANENT ESMT. "B"
LINE TABLE
LINE LENGTH BEARING
L7 114.83' N19'51'4D"W
L12 26.94' S67'47'2S"E
L13 90.86' S19'Sl'40"E
L14 4.22' SS3"40'OO"W
L8 16.64' SS3'38'Z7"W
NOTES:
1. THIS PROPERTY MAY ALSO BE SUBJECT TO EASEMENTS,
SETBACKS OR REGULA nONS, NOT SHOWN ON THIS PLAT,
BUT WHICH MAY BE ON RECORD IN THE CLERK OF
SUPERIOR COURT'S OFFICE.
LINE
L3
L8
L9
L10
L11
"A" 0.000 Ac.
2 S.F.
PERMANENT ESMT. "c"
LINE TABLE
LINE LENGTH BEARING
L14 4.22' N53'40'00"E
L22 1.13' 519'51'40"E
L9 4.04' 569'15'41"W
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IN MY OPINION, THIS PLAT IS A
CORRECT REPRESENTATION OF THE
LAND PLATTED AND HAS BEEN PRE-
P ARED IN ACORDANCE WITH THE
MINIMUM STANDARDS OF LAW.
UTILITY EASEMENT PLAT:
AUGUSTA-RICHMOND COUNTY
COMMISION AUGUSTA, GA.
JOB # H03169-32
ORD. BY: ~1lJ(R
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
SCALE IN FEET
SCALE: 1"=_50'
SOUTHERN LAND
SURVEYORS, INC.
EOUIPMENT:
TOPCON GPT-1003
REFERENCES:
SURVEY DATE:
6/23/03
M.S.C.
PLAT DATE: 12/18/06
PLAT CLOSURE: N/ A
1118,931'
5' IPT
RULE
50
I
DRAWN BY:
FLD CLOS PRECISION =
FIELD ANG ERROR =
ADJ. BY: NO
1IIIS mUJ SURVEY AND PlAT WA.'i PREPARED
,\1 IIIf. REIlIIESI OF AND FOR THE EXCLUSNE
U't (If IIIE OWliER(S) OF THIS PROPERlY ON -
IIIF. I\\IE WF. rrun SURVEY WAS COMPLETED
4571-C COX ROAD
EVANS, GEORGIA 30809
fEL. 706-855-670D
SURVEYORS
25
RICHMOND COUNTY
BOOK 29-U
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50
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