HomeMy WebLinkAboutCOEL DEVELOPMENT CO INC DEED OF DEDICATION UTILITY WATER AND GRAVITY SANITARY SEWER SOUTHAMTON SECTION 3RETURN TO
WAYNE BROWN, ESQ
AUGUSTA LAW DEPT
501 GREENE ST STE 302
AUGUSTA GA 30901
STATE OF GEORGIA
COUNTY OF RICHMOND)
Book 01260:0119 Augusta - Richmond County
2010023779 05/19/2010 16:07:34.01
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2010023779 Augusta - Richmond County
DEED OF DEDICATION
UTILITY — Water and Gravity Sanitary Sewer
SOUTHHAMPTON, SECTION 3
THIS INDENTURE, made and entered into this day of , 2010,
between COEL DEVELOPMENT CO., INC. and STEPHEN BEAZLEY BUILDERS
INC., hereinafter referred to as the Party of the First Part, and AUGUSTA, GEORGIA, a
political subdivision of the State of Georgia, hereinafter referred to as the Party of the
Second Part;
WITNESSETH:
THAT SAID UTILITY PIPELINES, herein described, have been inspected by the
Augusta Utilities Department and accepted on the 30th day of Jam, 2009 and
THAT the said Party of the First Part, for and in consideration of the sum of Ten Dollars
and no /100 ($10.00) in cash to it in hand paid by the Party of the Second Part, the
receipt of which is hereby acknowledged, at and /or before the sealing and delivery of
these presents, and other good and valuable considerations, has granted, bargained,
sold, released, conveyed and confirmed unto the said Party of the Second Part, its
successors and assigns the following described property, to -wit:
EASEMENTS IN PERPETUITY UNDER, ACROSS AND THROUGH the approximately
marked strips of land, together with the water and gravity sanitary sewer pipelines and
appurtenances located therein, which are delineated on a plat prepared for Coel
Development Co. by Southern Partners, Inc.., dated July 8, 2009, recorded in the Office
of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Book 5, pages
156 -157, said plat being incorporated herein and made a part hereof, and to which plat
reference is made for a more complete and accurate description as to the metes,
bounds and location of said easements, pipelines and appurtenances;
THE PARTY OF THE FIRST PART has agreed that neither the Party of the Second
Part, nor any of its departments, shall maintain individual force mains and /or grinder
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pumps and that any said individual force mains and /or grinder pumps shall remain
private.
SAID EASEMENTS BEING IN THE NATURE of a right -of -way for the purpose of
laying, relaying, installing, extending, expanding, adding, operating, repairing, and
maintaining pipelines transporting and carrying the utility services of the Party of the
Second Part;
TOGETHER WITH THE RIGHT, when construction or maintenance is necessary, to dig
such trenches in said property, as may be necessary for the project; to pile thereon the
material excavated, and to haul pipe, supplies and equipment connected with the
construction and maintenance thereof, over, along, and across the said property, along
with the free right of ingress and egress to and from said easements for these
purposes.
THE PARTY OF THE FIRST PART, its successors, legal representatives, and assigns,
does also grant, bargain, sell and convey unto Augusta, its successors and assigns, the
right, but not the duty, to clear, and keep clear, all trees, undergrowth and other
obstructions from said permanent easement, along with the free right of ingress and
egress to and from said permanent easements for these purposes.
THE PARTY OF THE FIRST PART, its successors, legal representatives, and assigns
do agree that no other utilities may be constructed within the aforesaid easements in
perpetuity.
THE PARTY OF THE FIRST PART, its successors, assigns and legal representatives,
after the completion of this Project, shall have the right to use said parcels of land in
any manner not inconsistent or interfering with the rights herein granted, excluding
however, the right to plant thereon any trees or other vegetation that may interfere with
the laying, relaying, installing, adding, extending, operating, repairing and maintaining of
pipelines transporting and carrying utility services of the Party of the Second Part and
the right to erect, construct or maintain thereon any buildings, structures, or other
permanent improvements.
TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges and
appurtenances unto the said Party of the Second Part, its successors and assigns, in
perpetuity.
AND THE SAID PARTY OF THE FIRST PART, its successors, legal representatives,
and assigns, shall and will forever warrant and defend unto the Party of the Second
Part, his successors and assigns, the rights, ways, and easements, privileges, and
appurtenances conveyed herein, against the claim or claims of any person or person
whomsoever.
WHENEVER there shall be more than one grantor, the phrase "Party of the First Part"
and
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all such phrases, related pronouns and verbs shall read as if written in the plural form.
When the grantor is an individual, all such phrases, related pronouns and relative
pronouns shall be read as if written in the feminine, masculine, or neuter and the word
"heirs" shall be substituted for the word "successors" at the appropriate place or places.
IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to
be executed the day and year first above written as the date of these presents.
SIGNED, SEALED, AND DELIVERED in our presence:
COEL DEVELOPMENT CO., INC.
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STEPHEN BEAZLEY BUILDERS INC.
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(SIGNATURES CONTINUED ON NEXT PAGE)
Attest:
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Book 01260:0122 Augusta - Richmond County
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ACCEPTED BY:
AUGUSTA, GEORGIA
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As Its: Mayor
Attest:
Clerk of 0offimission
(SEAL)
Filed in this office:
4 Augusta - Richmond County
05/19/2010 16:07:34.01
ELAINE C. JOHNSON
Clerk of Superior Court