HomeMy WebLinkAboutELDERBERRY SECTION 3 DEED OF DEDICATION UTILITY
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Book 01167:0201 Augusta - Richmond c~u~t; -
200800906603/06/2008 13:50:20.00
$0.00 WARRANTY DEED
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2008009066 Augusta - Richmond County
After recording, return to:
Augusta Utilities Department
Attn: Land Acquisition
360 Bay Street, Suite 180
Augusta, GA 30901
(706) 312-4143
STATE OF GEORGIA ) DEED OF DEDICATION (UTILITY)
COUNTY OF RICHMOND ) FOR ELDERBERRY, SECTION 3
THIS INDENTURE, made and entered into this / ~'11"- day of f att.I~.R Y ,2001 between DYESS
PARKWAY, LLC, 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 the said Party of the First Part, for and in consideration of the sum ofTen Dollar 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:
AN EASEMENT IN PERPETUITY UNDER, ACROSS AND THROUGH the approximately marked strips of
land, together with the pipelines and appurtenances located therein, which are delineated on an as-built plat
prepared for Elderberry, Section 3 by James G. Swift & Associates. dated August 22, 2007 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 of laying, relaying, installing,
extending, operating, repairing, and maintaining pipelines transporting and carrying utility services, the same
hereinafter being referred to as the "PROJECT;"
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.
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Book 01167:0202 Augusta - Richmond County
2008009066 03/06/2008 13:50:20.00
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AS A PART of the consideration for said cqnveyance, 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 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, 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.
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 presence:
Dyess Parkway, LLC.
Elderberry SID, Section 3
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. ?erry y, Jr.
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Accepted by: AUGUSTA, GA
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By:
Attest:
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Filed in this office:
Augusta - Richmond County
03/06/200813:50:20,00 __
- --EIci1ne C, Johnson
Clerk of Superior Court
Richmond County
Book 01167:02~ ~it~~i2008 13:50:20.01
200800906
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