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HomeMy WebLinkAboutDeed of Dedication For Ytility Easement Across Property tax Map #22 Parcel 93 Augusta Richmond GA DOCUMENT NAME:UeedO<=-~eGl ufi.0\ -\Or u-\\\\~ e0-0~ oer005 pc-C)~~ ~ {Y'Gp :\f'dQ ~\~e-t Q'3 DOCUMENT TYPE: ueed.~ YEAR: Ci q BOX NUMBER: 'is FfLE NUMBER: \ L\ 6S \ NUMBER OF PAGES: 1- "' ""', \ ,,' RETURN TO: Harry D. Revell 454 Qreehe Street x -1 ~\ .' ~ . ':.. S , , Book 006710185 Clerk of Superior Court, Richmond Cou 1999037900 12f20/1999 17:2653.00 $000 WARRANTY DEED t' i iiilii Ilili iilii liiii lilli iilii iiili iiiii lilli iiiii iili iiir - ~ 1999037900 Clerk of Superior Court, Richmond County STATE OF GEORGIA ) DEED OF DEDICATION COUNTY OF RICHMOND) For Utility Easement across property on tax map #22 Parcel 93 THIS INDENTURE, made and entered into this Iftlv day of ~t'€7J1~lf2- 1999, between the First Union National Bank as Trustee of Tax Map #22 Parcel 93 hereinafter referred to as the Party of the First Part, and the Augusta, Georgia Commission/Council, a political subdivision of the State of Georgia, hereinafter referred to as the Party of the Second kPM~ . WITNESSETH: THA T the said Party of the First Part, for and in consideration of the sum of One Dollar ($1.00) 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: AN EASEMENT IN PERPETUITY UNDER, ACROSS AND THROUGH the approximately marked strips of land, together with the pipelines and appurtenances located therein, which Me delineated on a plat prepared for First Union National Bank as Trustee for Tax Map 22 Parcel 93 by Robert L. Herrington. Jr. dated October 15. 1998, to which plat reference is made for a more complete and accurate description as to the metes, bounds and location of said easements, and'said plat has been attached hereto and by reference made a part thereof: SAID EASEMENT BEING IN THE NATURE of a right-of-way for the purpose oflaying, relaying, installing, extending, operating, repairing, and maintaining pipelines transporting and carrying utility services, the same hereinafter being referred to as the "PROJECT;" 1 ... ~.. .. r . . Book 006710186 Augusta-Richmond County 1999037900 12/20/1999 17:26:53.00 r'.' .... . ., TOGETHER WITH THE RIGHT, when construction or maintenance is necessary, to dig such trenches in said property, as described by the deed, 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. THE PARTY OF THE FIRST PART, his heirs, legal representatives, and assigns, after the completion of the PROJECT, shall have the right to use said parcel in any manner not inconsistent or interfering with the rights herein granted, EXCLUDING the right to erect, construct, or maintain thereon any buildings or permanent improvements. AS APART of the consideration for said conveyance, the Party of the Second Part covenants as follows: (a) To cause the top of the pipelines to be laid a sufficient depth below the surface of the ground so as to permit the use of the surface thereof by the Party of the First Part for normal agricultural purposes; however in the case of ravines, streams or low places on the property, the Party of the Second Part may install the pipelines above the ground, provided that the pipelines shall be laid and maintained so as not to interfere with the natural flow of the surface water or any streams thereon; (b) To refill the trenches it shall dig in connection with repairs, construction, maintenance, or extension, so as to leave the land available and ready for ordinary purposes of agriculture; (c) To exercise the right of extending, making repairs to and maintain said property in a careful and skillful manner, avoiding unnecessary damage to any crop, plants, shrubs or trees growing upon said parcel of land, and in case of any such unnecessary damage, to compensate the Party of the First Part for such damage; and (d) To give reasonable notice to the Party of the First Part of its intention to enter the said property in the exercise of the rights herein conferred except in cases of emergency. TO HA VE 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 FffiST PART, his heirs and legal representatives 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. 2 '- ,. (' , 1 Book 00671 :0187 Augusta-Richmond County 1999037900 12/20/1999 17:26:53.00 . . "; WHENEVER there shall be more than one grantor, the phrase "Party of the First Part" and all related pronouns, related pronouns and verbs shall read as if written in the plural form, and when appropriate such phrase and related pronouns and relative pronouns shall be read as if written in the feminine or neuter, and when the grantor is a corporation, the word "successor" shall be substituted for the words "heirs" and "legal representatives" 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 present Attest: .~, , . . ~~ ~;~r~;'1~~'~._~~~ , ........' . .....~~O~i "1l~ e,...'.. . v'. .~~~~ip~:o.,.;;'3i~;;: .. , ~~'~~""')-""'1 ~.' _ ~:(~~'- . . ,,~, ';, ~;:. CW,t,14; . . " ;.'. 0 - :A<::.i. '~ '-~'<.J...:l:o.~ .... . y r.r~. .... if: .:. j/7..,. . ..1'<: ,.' ~ "~ /~, .: 7__....._:.~1 \~ ~ . . /~ ! t.:. "?l ~"/1' . --~' . - ---~ri11\~.. 1 ;~~~ ::..., First Union National Bank as Trustee of Tax Map By: As Its: Notary Pu~li.c;:..NOIARY. PUBUC, RICH OND COUNTY, GEC?t.:A My Com.ml~SJ9lvE~nl~el>:::nIQ~1 ~pmgs Jl\~'I:'\PV ':liD r.,.,? ,. t::/~!nji.kl.l'>1'~Q~.rrJidIY'/""':.:i. .. . . .-. ...1 oJ., (..,1..,:- . J<~~~~~;;~\:.;:~~;~?~' ~ ;~., . .- ., '~1>"\'" i." h .' Q .~ 'fit- : ~! g - ~') -;~" ) - '; t. _ ';:' ~ ~,n : ~- . ~b;~1J ..,t~/' t rp ~ ~ --= ~ ::~~.'. ~~:~t..~. ~t) i ~ .fJ~~tW1~ "~~ ~j} fJ:EH "~l "T.i"')l.'" .,. . \:~':.<~ ~ c . ;~~;!;~j(:;'!~" . ." . .~ /='....... -'::C')"ofJ" ;J" '!). _:<\-'" 'fir- "'- ;;1:zr ~,<<:>i1j",,,...y/;;v .-.<~;:,:...~...........A~:;,;". '. As Its: ~l.~~S t!,~.~~~ Accepted by: AUGUSTA,GE~~Tn COMMISSION/C~~ ~ (Y: As Attest: ~ 3 20' ORA/NAtJE tk'unuTY EASEJlENT ALONG THIS PROPERTY UNE AS SHOWN .; ," '-', "'\; .4. l .1- (/' J .< .~.1 "'~-. , ,., c ;, NOT[' PROPeR~:ll)t?bAjA' 9%/(E~1i/PART fROIrf EX/.S tiNGe R{CORf)[{):PtA rSAN/flN PART tRDItI nELO::WRVrY.~ l, ,'. ~ '. ~. i _. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ lt Book 006710188 Augusta-Richmond County 1999037900 12/20/1999 17:26:53.00 '.'}\(I,t;.:': . ~?y~( ,,; ~ ?~,~flfJ~;v . ',.' ~ ?3 ~ ~ ~ CI) Xi 5' G ~ 'l{~ ~~ .).. ~ ~I 'l~ S ITJnO< [" fQ()(} 10' DRA/NAGE tk UnuTY EASEAf[NT AifJ'{G THIS PROPEHTYllNE AS SHOWN I ~I '~l IO'~ r I ""8 .~/' .g ~t" c-.. ~. / AI/CIJSTA Hom ASSoc. II .; STORIrfRE:/~nfJ'{ FACILITY 0, , ,... / ~ J5M2 ,::!: -----~-! FIRST UNION BANK &- lRlJST co. AS TRUST[[ TAX NAP I 22 PARCEL 93 S 66'38'01' E 20' 34.12 ~ / _ _ _L _ $JO'lS'08'{ _ __ .r . - - - - \\ \ \ LOTI OL OC/( 0 1 2. unuTY EAS8IENT -----.--.:. -------- \ \ \ \ \ /NTERSTA TE P RKWAY PHASE Lor 4 BLOCK 0 LOT 2 BLOCKB (OT 3 BlOCK B INTERSTATE PARKWAY 60' R/W 100 0 ~. 100 --1, 200 , " 1 inch = 100 ft. PLAT f~r AUGUSTA-RICHMOND COUNTY BOARD OF COMMISSIONERS_ .~~_ " .-... ,-,-" - .--:.....------- ., - "'.,;, . - -. ~-- "'~.~-:-.~ ._-~ :-'~-'- .:- --: ~-. . . -'-' .'- - -SHOWlNG-'EOCATlCl/iJ OF EASEMENT THROUGH PROPERTY SHOWN AS PARCEL 93 ON RICHMOND GOVNTY TAX MAP 22 'j' ----.. ~ ROBERT L. HERRINGTON. JR. GEORGIA REGISTERED LAND SURVEYOR NO. 1621 P. O. BOX 211525 MARTINEZ, GA. 30917 PHONE (706) 86.3.,..348.3 DATE: OCTOBER 15. 1998 '\ \ "\ Prepared by JOB NO. WHIT -E.ASE SCALE: 1'~ = 100' RICHMOND COUNTY, GEORGIA EQUIPMENT USED ElEG. lHEOOOUTE & OIST. METER TRAV. ClOSURE N/A (RADIAL) 'J' LEGEND,; .' IPS = 1/2~ RElNFORONG BAR SET OlF = OPEN TOP PIPE FOUND ClF = CRIMP TOP PIPE FOUND . RBF = REINFORCING BAR FOUND Filed in this office: Augusta-Richmond County 12/20/199917:26:53.00 - -----~--_.- LElaine C. Johnson 1:"' . ' .., ~ r " :~. '-"",';;\' - - ,;~- . . RETURN TO: Harry D. Revell 454 Greene St. , " Book 00671 :0189 Clerk of Superior Court, Richmond Cou i 1999037901 12120/199917:26:53.01 ' $0.00 AGREEMENT r -iiiiiii ilili iilli iiili liili iijii iilii liiii iilli iiiilllilliil 1999037901 Clerk of Superior Court. Richmond County 'I STATE OF GEORGIA ) MAINTENANCE AGREEMENT COUNTY OF RICHMOND) For Utility Easement across Property on Tax Map 22 Parcel 93 THIS AGREEMENT, entered into this 1ft, day of.kemJ!j~ ,1999, by ~d between the FIRST UNION NATIONAL BANK AS TRUSTEE For TAX MAP #22 PARCEL 93 hereinafter referred to as the "DEVELOPER", and the AUGUSTA, GEORGIA COMMISSION/COUNCIL, a political subdivision of the State of Georgia, hereinafter referred to as the "CITY. " WHEREAS, the DEVELOPER requested that the Augusta, Georgia Commission/Council accept certain streets, storm drainage and sewer lines, water lines and mains or mains, pipes, valves, and connections, and appurtenances for the subdivision, as shown by deed contemporaneously tendered and recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel Ie.? ( Page Irs - IrQ' ; and WHEREAS, the CITY has adopted a policy requiring the DEVELOPER to maintain all installations laid or installed in the subdivision for a period of eighteen months, which the CITY accepts by deed; NOW, THEREFORE, in consideration of the premises, the expense previously incurred by the DEVELOPER and the mutual agreement hereinafter set out, IT IS AGREED that: (1) The CITY accepts certain streets, storm drainage and sewer lines, water lines and mains or mains, pipes, valves, and connections, and appurtenances for the subdivision, respectively described in the deed contemporaneously tendered herewith to the Augusta-Richmond County Commissicm, recorded in the office of the Clerk ofthe Superior Court of Richmond County, Georgia, in Realty Reel ~? I Page Irs- iJ'd'" (2) The DEVELOPER agrees to maintain all the installations laid or installed in said subdivision as described in said deed for a period of eighteen months from the date herein. (3) The DEVELOPER agrees that, if during said eighteen month period there is a failure of the installations laid or installed in said subdivision described in the deed due to failure or poor workmanship, the DEVELOPER shall be responsible for adequate maintenance and repair. ~ 'I' , \~ ~- ,--;i"\ U Book 006710190 Augusta-Richmond County 1999037901 12/20/1999 17:26:53.01 i '\ (4) In the event of such failure of the improvements, the CITY shall notify the DEVELOPER and set forth in writing the items in need of repair. The DEVELOPER shall present, within fifteen business days, its proposed plan of repair and shall have the repairs completed in a reasonable time, as determined by the CITY. (5) If, in the event of an emergency, as determined by the CITY, the DEVELOPER is unable to respond in a timely manner, the CITY shall be authorized to erect barricades, traffic direction devices and such other temporary measures as are necessary to remedy the emergency nature of the problem at the DEVELOPER'S expense and allow the DEVELOPER time to make the needed repairs. (6) In the event the DEVELOPER fails to comply with the terms ofthis agreement, then the CITY shall proceed to have the necessary corrective work done, and the DEVELOPER agrees to be responsible to the CITY for payment in full of costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. IN WITNESS WHEREOF, the DEVELOPER has hereunto set his hand and seal and the CITY has caused the execution of this agreement by and through its duly authorized officers and agents, with its seal affixed, the day and year first above written. SIGNED, SEALED, AND DELIVERED DEVELOPER in our presence: N tary publi My Commission E~Rires NO I ARY ,ruij~!C,~,,~ICHMONU COUN I Y, tiL .I.,-~;f\ ~M'~' e'of~~f9;: "'\'ES JANUARY 30 2G-J2 - "'" ~~ ~~o"rrfrin.7~~(IoooGc~~".-! ~.\);~, 1 :~~~~..~~ ~. '::;. .A'i1~~. e.<tc~: _-:- p..:I.Ji{;: . -.; \~. i@ j A f? Sf'" tJi-:;. 'i"ti,'" ':, ~ C~.: ~Jt~ ~j;J !1J.:.1> ; --s=.;. ~(' }..::..d/ :~;1' J.. ~4: ~"i \~~~~l%~ ~}~~'J~~'~" v" , " . :I,.:;, : '" '. r..,~ .~. ",,"t~1'~1'\ ~~.;:W~;,il:.:'l""'H"",\i. .' . "I'~r, t- ~~_~~.~~~':"" ~~\' ~.:,...':+' ~ Vice President 8& As Its: ~~;dtt::.=, sl owe." .. Attest:~ As It s : . ~.~!~X;rr;t~-;;;. ''''II'''I;}''':~;.. , ., ,".-; .i,. ~~~ i';~ ~.. ;..n) ~'.:~ . ,"'~ .ClO."o.~,o"O~tI.':::i!;'j'; ~~ !, "'. (: l( I:. " ;I":' <,- _. ,.......oQ~'..,' V.;~;l:i;. .,o)~ ;'-'"1) '?'. . .~~ ,l'A:\,~' ';'i' )~M;; 'b1.~t...~ ? f' ~J101Ji(.>' . ~ "1'"~ " ~. :;. :. /.~,t\,,\c:' v L";";..~{ IiI f . ~ hO. ;:-t '. · . c. .,~0:~:~T~\rB~~:~~~". .J: ~, II 11 6...,.':"4,.... #.::" r... ,_ f', ,f' ~~\~..~~ - - , "".-:.~.=-~ ~ J / union National Bank as Trustee of Property on T 'x ~.~ Accepted By: Attest: 111I- City of Augus ~ cf By / / '- .:- ---..c.... - " "').. . ., ~""" Book 006710191 Augusta-Richmond County 1999037901 12/20/1999 17:26:53.01 '\ C; #j ~ ~ ~ ~ ~ . v", . ~~C'~ "q",~ S IrJd"2IJ', ~ 10' lWAlNAGE .t IIflLITY fA5[M[Nr . 7- Ai {WC !HIS PROPfR n- I fN[ AS SHOIIN I I ~ ~ ~ ~ ~ <1 ~ ~'~ U ~ ~!:s ~~ .I- ~ ! ~J j~ NOIF PROPERTY liNE DArA TAKiN IN PARI FRO., EXISlfNC R[C{IR()[D PlATS AND IN PAR I FROftl nn 0 SURvn -\.. ~ ~ ~ ~ ~ ~ fi} flRSl Uli/iJN BANK.t IRUsr CcJ A5 tRUSI[[ W: !rIAP I 22 PARCEl 93 I :l?1 ~I 10' --, 1 1 d 8 $;1 "& "'I \ I AI/GUSrA HO/fl ASSOC I. .~ STORftI RUENl/ON rAC~1lt" \ I ~ ,y 1 ~ II ._ .-- \_.~4J_.. _ _ - - _I "" ,l 20' ORAiNAC[ .~ Ulfun' [ASfftlfNT AfON6' fHiS PROf'ER lY L!.VE AS S'IOIIN S toOJ8'of I: 20' \4'1 "-..~/ .._ .._ __. { j'.J{HJ"UII'/ unun- fASfIl[NT IN TERS TA TE P RKWA Y PHASE lOf/ BlOCKS lOr; 1il000K 8 lOT.! BlOCI( 8 /NTERSTA TE PARKWA Y 60' R/W 100 200 -4 ---1 1 inch = 100 it. --n ~ \ ' c ~ :J r I ~ 00.' on "0 I.Cl C ..C<DO ~ 001 <fJ I €EI"-C, O.c"<""".c, <fJg(j)~\ .- a: (j) ! .c , (j) O' .....ro.,.- c(ij-Q) .- :J 0 C "0 0lC'-l- ~:JN~ G:<("'-W PLA T for AUGUSTA-RICHMOND COUNTY BOARD OF COMMISSIONERS 51'IOWING LOCATION OF EASEMENT lrlROUGH PROPERTY SHOWN AS PARCEL 93 ON RICHMOND' COUNTY TAX MAP 22 D.l.n:: OC100ER It>. 1996 SC ALE: 1" = 1 00' RICHMOND COUNTY, GEORGIA Prepared by tWIPlAlN I U:i(D me. IlfEOOOUIE & OIS1. ldElfR lRAV. Cl.OSURE N/A (RADIAl) ROBERT L. HERRINGTOt'L ~ GEORGIA REGISTERED l.AND SURVEYOR NO. 16~1 P. O. BOX 21152t> MARTINEZ. GA. . 30917 PHONE (706) 863-3483 .108 NO WHIT-EASE JJGf.ND IPS ~ 1/2" Rt:lNFORClNG BAR SEI o IF = OPEN 101' PIPE FOUND CIF = CRlldP lOP PIPE FOUND RBF = REINFORCING BAR F0I.Rm