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Home My WebLink AboutCENTRAL OF GEORGIA RAILROAD COMPANY DEED OF EASEMENT (2) THIS INDENTURE, made and entered into this J ~~ay of ~ , 2008, by and Book 01182: 1781 Augusta - Richmond County 200803039907/0212008 11 :44:41.00 $0.00 EASEMENT 111111111111111111111111111111111111111111111111111111111111 2008030399 Augusta _ Richmond County Return to: James T Plunkett 701 Greene St, Suite 1 Q.4 . Augusta, GA 30901 DEED OF EASEMENT between CENTRAL OF GEORGIA RAILROAD COMPANY, a corporation organized and existing under 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-one (21) foot wide permanent easement or right of way for the construction, operation, maintenance and removal ofa twenty-four (24) inch ductile iron water main pipe contained within a thirty- six (36) inch steel casing pipe under and across the land as hereinafter described, being situated in Richmond County, Georgia, to wit: A PERMANENT 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 0-127.71, Millen-August Line, Georgia Division; commence at construction station 45+70, thence thru left and travel 5 feet to the POINT OF BEGINNING; thence turning and traveling North 71050'15" East for a distance of I 04.22 feet to a point; thence turning and traveling South 01048'32" East for a distance of20.84 feet to a point; thence turning and traveling South 71050'15 " West for a distance of 104.22 feet to a point; thence turning and traveling North 01048'18" West for a distance of20.84 feet back to the point of beginning. Said permanent easement contains 2,084.35 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.S)< /oCfOC}gs' . , Book 01182:1782 Augusta - Richmond County 200803039907/02/2008 11 :44:41.00 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; (c) upon termination of the easement for any reason, Grantee shall remove all facilities placed within the easement area and restore the property 2 : . Book 01182:1783 Augusta - Richmond County 2008030399 07/02/2008 11 :44:41.00 to a condition acceptable to Grantor's chief engineering officer. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 3 ~ Book 01182:1784 Augusta - Richmond County 200803039907/02/2008 11 :44:41.00 , . IN WITNESS WHEREOF, the said Grantor, has 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. CENTRAL OF GEORGIA RAILROAD COMPANY By ~~~1~sl~~ Signed, sealed and delivered in presence of: Wi!~~4OP1J L. S. ATTEST: ':j;j\,:~ e~~ . ',~~.;'~i~'N9tary Public ...;\~:,::;i::;':::~~ir~~;":"". .. . r;.: >....:.,.\. My.<c~mlp.l~p&d1;: '-',"i.,..",' . '; ..J," . DougIasl",....... 1","""","" ,.~..~<.- t/~ ~~.):' l' i . , , ',:' NQta!Y, ftubIic, '^"""Jt UV\I'I~ ':! iif!~;' "My COmmission Expires February 28. 2012 .:f~l~~f~,:L;;\, ~/ (~:j .r'",?"~",, 'HTliiS'ih~iiument prepared by: "l:7..:~./ir.." C e \) ",~~,\'\~.~ / ;.f,f;~{'/'OItIH~"~.\'~ ~ ,,~;'" ~Linda:V. Hill General Attorney - Real Estate Norfolk Southern Corporation 1200 Peachtree Street, NE Atlanta, Georgia 30309-3579 /:~~~j;~,,~, :/;,', ': ",,," . .",(').if#.. .~; .', " """ : .:>..~'it:'/" ~' ., \.... ~ :"::~: : ~~.~.". i ! S ~'. :' ;'. , -) '~;qy t- . \."1' <::;) .. : ':'') : .~i"" "'.'" Of ~ ;'1: "7l :; ~ . " '\]1 ~"-) .'-', <. ',:', "'<?~~;;~.,:~, ,...,.. .'~ ,~~~)~.: ".. I" O' .q '\ '":) ,...... . .' '~ " / LVHlvlm 534123vl/I090983 4 : ,1 >- - c: ::I 00 u~ 5 "0..... 0 ,c:'Vc:u LlO~O'- :2 E'V (/) 0 = .s::::.;..: c: 'C: :l.S?..... 'g 2i !2 0::: co ., ::I = ,O.(/) ;.;g~O..... _ (/)....... 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