HomeMy WebLinkAboutFUQUA AUGUSTA REALTY 11 LLC DRAINAGE EASEMENT AGREEMENT AND WARRANTY DEED Book 01271:0088 Augusta - Richmond County
2010036606 08/17/2010 14:57:30.00
$0.00 EASEMENT
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2010036606 Augusta - Richmond County
Please return to:
Wayne Brown, Esq.
Augusta Law Department
501 Greene Street, Suite 302
Augusta, GA 30901 (706) 842 -5550
DRAINAGE EASEMENT AGREEMENT
THIS DRAINAGE EASEMENT AGREEMENT (this "Agreement ") is made and
effective � ` , 2009, by and between FUQUA AUGUSTA REALTY II, LLC
( "Grantor "), and AUGUSTA- RICHMOND COUNTY, GEORGIA, a political subdivision
of the State of Georgia ( "Grantee ").
WHEREAS, Grantee desires to acquire an easement across and through
Grantor's property which property is more particularly described on Exhibit C,
attached hereto and made a part hereof ( "Grantor's Property "), for the purposes of
construction, installation and maintenance of a 78" storm sewer pipe and appurtenant
drainage facilities to drain and discharge storm and surface water ( "Drainage
System ").
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) paid by
Grantee to Grantor, the covenants of Grantee contained in this Agreement, and other
good and valuable consideration, the receipt and sufficiency of which hereby are
acknowledged, Grantor and Grantee agree as follows:
1. Grant of Permanent Easement. Grantor hereby grants and conveys unto
Grantee a perpetual non - exclusive permanent easement across and under the 0.24 acre
(10,371 sq. ft.) area of Grantor's Property shown on the Compiled Easement Map
prepared for the Augusta, Georgia Engineering Department by Cranston Engineering
Group, P.C., dated September 20, 2008, attached hereto as Exhibit B and made a part
hereof ( "Compiled Easement Map "), and as more particularly described in Addendum
A attached hereto and made a part hereof, for the purpose of maintaining the Drainage
System (the "Permanent Easement "). The Permanent Easement shall be for the sole
purpose of storm water drainage, shall not be used for the treatment or storage of storm
water, and shall not be used as a conduit for any other use. Grantee shall also have the
right of ingress and egress, consistent with this Agreement, for the construction,
installation, repair, and maintenance of the Drainage System. The Permanent Easement
shall run with the land.
• Book 01271:0089 Augusta - Richmond County
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2. Grant of Temporary Easement. Grantor hereby grants unto Grantee a
non - exclusive temporary construction easement across the 0.24 acre (10,296 sq. ft.) area
of Grantor's Property shown on the Compiled Easement Map, and also described in
Addendum A, attached hereto and made a part hereof, for the purpose of constructing
and installing the Drainage System (the "Temporary Easement "). During Grantee's use
of the Temporary Easement, Grantee shall maintain as much of its natural appearance
as possible. Prior to expiration of the Temporary Easement, Grantee shall have
reasonably restored the Temporary Easement area to its condition prior to Grantee's use
thereof including landscaping. Grantee shall not place any structures on the Permanent
Easement or the Temporary Easement. The Temporary Easement shall expire at the
completion of the construction and installation of the Drainage System and, in any
event, twenty -four (24) months after the date of this Agreement unless otherwise
extended in writing by Grantor. Once the construction of the Drainage System is
completed, Grantee shall record an "AS CONSTRUCTED" final plat in the real property
records of Richmond County, Georgia, which plat shall show the true and correct
placement of the storm sewer and appurtenant drain pipes and drainage facilities.
3. Grantee Obligations. Grantee shall be responsible for all costs associated
with the Drainage System including without limitation, construction, installation,
cleaning, maintenance, repair and replacement of the Drainage System to maintain
proper function as well as restoring landscaping removed or damaged by installation,
maintenance or repair of Drainage System within the Permanent Easement. Grantee
shall construct, install and maintain the Drainage System in strict compliance with all
applicable laws, rules, regulations, orders, ordinances, permits and other governmental
or legal requirements ( "Legal Requirements "). In furtherance of the foregoing, Grantee
shall not knowing cause any hazardous substances, pollutants or contaminants (as
defined by the Comprehensive Environmental Response, Compensation and Liability
Act of 1980) or hazardous waste (as defined by the Resource, Conservation and
Recovery Act), or pollutants or toxic pollutants (as defined by the Clean Water Act), to
be dumped, spilled, release, stored or deposited on, over or beneath the Permanent
Easement, the Temporary Easement or the remainder of Grantor's Property. If Grantee
fails to properly maintain the Drainage System in reasonable order and condition or in
accordance with Legal Requirements, Grantor may provide notice to Grantee, citing the
deficiencies with a demand that they be cured within a stated reasonable time period. If
reasonable corrective measures are not taken by Grantee within such stated time or
such other time as may be agreed upon by Grantee and Grantor, then Grantor may take
such measures and demand prompt reimbursement of the cost of same. Grantee shall
be responsible for any and all taxes, charges, assessments, use fees or similar amounts
levied against or applicable to the easements and Grantee's interest in the easements.
Grantee shall not cause or permit any liens or encumbrances of any kind to be placed
against the easements or any of Grantor's Property due to the easements.
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Grantee shall ensure that the Drainage System functions properly, does not
constitute a nuisance, and that it is properly grated and otherwise reasonably protects
against bodily injury. Except as required for the construction, installation, cleaning,
maintenance, repair and replacement of the easements, Grantee shall not obstruct,
hinder or otherwise disturb the remainder of Grantor's Property or interrupt or
interfere with the use, operations, maintenance, activities, or quiet use and enjoyment of
the remainder of Grantor's Property. Grantee shall be responsible for any damage to
Grantor's Property resulting from or relating to Grantee's use of the easements granted
hereunder and shall promptly repair and restore the same, provided that the Drainage
System, as installed, shall not be deemed damage for this purpose. Grantee shall not
park or store heavy equipment, trucks, or materials on the easements when not in use.
4. Parking. The easements hereby created shall include only access, ingress,
egress and regress rights and shall not include any right by Grantee to park in any
portion of Grantor's Property, except as required for the construction, installation,
cleaning, maintenance, repair, and replacement of the easements.
5. No Public Intent. Nothing contained in this Agreement shall be deemed
to create any rights for the benefit of the general public or constitute a dedicated public
area for any of the affected areas.
6. Reservation of Rights. Except as provided otherwise herein, Grantor
reserves all rights to Grantor's Property. No air, mineral, timber or extraction rights are
granted by this Agreement.
7. Indemnification. To the extent allowed by law, Grantee shall indemnify
and hold Grantor and its owners, managers, agents, legal representatives and the
successors and assigns of each of them harmless from and against any and all actions,
suits, proceedings, claims, demands, losses, liabilities, damages and expenses (including
reasonable attorneys' fees) arising out of or relating to (i) the use of the Permanent
Easement or the Temporary Easement by Grantee, its contractors, agents, employees,
invitees or licensees, including but not limited to death, personal injury or loss or
damage to property, (ii) the Drainage System, and (iii) any breach by Grantee of its
covenants or obligations under this Agreement. This indemnification shall not apply to
injury or damage caused by the wilful, grossly negligent, or negligent acts of Grantor.
In the event of any damage or injury to the Permanent Easement or the Temporary
Easement or the Drainage System or related appurtenances resulting from any
negligent or willful acts or misconduct of Grantor or its agents, managers, legal
representatives or successors or assigns, Grantor shall pay for the actual and reasonable
cost of any repairs necessary to restore the Permanent Easement or the Temporary
Easement or the Drainage System or related appurtenances to the same condition prior
to such damage.
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8. Entire Agreement; Amendment; Assignment; Enforcement; Severability. This
Agreement contains the entire agreement between the parties as to matters contained
herein and supersedes any prior agreements or understandings, if any, with respect
thereto. Grantor, his heirs, assigns and legal representatives shall and will forever
warrant and defend unto Grantee, its successors and assigns (and as to Grantee, only
permitted assigns), the rights, ways, easements privileges and appurtenances conveyed
herein, against the claim of any person or persons whomsoever. This Agreement can
only be modified by a written agreement signed by the parties hereto. Neither this
Agreement nor any rights or obligations hereunder are assignable by Grantee. This
Agreement shall be binding upon the parties hereto and their respective legal
representatives, successors and assigns (and as to Grantee, only permitted assigns). The
prevailing party in any action to enforce this Agreement shall be entitled to receive
from the other party, upon demand, all costs and expenses of such enforcement
including, without limitation, reasonable attorneys' fees and all other associated legal
costs. The rights and remedies of the parties to this Agreement are cumulative and not
alternative or exclusive. Neither the failure nor any delay by any party in exercising
any right, power, or privilege under this Agreement will operate as a waiver of such
right, power, or privilege, and no single or partial exercise of any such right, power, or
privilege will preclude any other or further exercise of such right, power, or privilege or
the exercise of any other right, power, or privilege. No waiver of any provision of this
Agreement is valid unless made in writing and signed by the party against whom
enforcement is sought. If any clause, provision, subparagraph, or paragraph set forth in
this Indenture is illegal, invalid, or unenforceable under present or future applicable
laws, then it is the intention of Owner and Augusta that the remainder of this Indenture
shall not be affected thereby. In such event, the parties shall use commercially
reasonable efforts to replace the invalid or unenforceable provision with a provision
that, to the extent permitted by applicable law, achieves the purposes intended under
the invalid or unenforceable provision. This indenture shall be governed, construed
and enforced by and in accordance with the laws of the state of Georgia.
9. Recording. This Agreement may be recorded in the real property records
of Richmond County, Georgia.
[SIGNATURES ON FOLLOWING PAGE]
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• , • ' Book 01271:0092 Augusta - Richmond County
• • 2010036606 08/17/2010 14:57:30.00
[SIGNATURES TO DRAINAGE EASEMENT AGREEMENT]
Signed, sealed and delivered GRANTOR:
this 1 day of Tula , 2009 FUQUA AUGUSTA REALTY II, LLC
in the presence of: I 4
Se -1il/∎ e ss By i i ts J zi
f ; .
W il__CI *IN co "kw\ 111 f... r
Notary Public ' r L ?I E j .f'
S
11y Co OR(i1A i
My 6a s ir h 26, 1 Gi . tt , h. ?on
[NOTARIAL SEAL] U .. B LAG•''
Signed, sealed and delivered GRANTEE:
thisc5/ day of , .200V0/0 AUGUSTA - RICHMOND COUNTY, GA
in the presence o .
By: CS1,e.,f7t-
Unofficial WiNiess Deke Copenhaver
` '') y? �,, Z i cOall-14 As its Mayor i�` �
�
Notary ¥ublic
My C apoissLi Expires: A
[ 1 0
/40130V Q # Attested to:
1 E 0,0
I t o , .. , ,
.,e�4 CO e n. J. Bo ye , lerk of Commission
SEAL ,
.
-5-
. ADDENDUM "A"
Book 01271:0093 Augusta - Richmond County
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ALL THAT PERMANENT EASEMENT LYING AND BEING IN THE 87 GEORGIA MILITIA DISTRICT,
CITY OF AUGUSTA, RICHMOND COUNTY, GEORGIA AND BEING FURTHER DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHERN RIGHT -OF -WAY LINE OF WALTON
WAY AND THE EASTERN RIGHT -OF -WAY LINE OF R.A. DENT BLVD. THENCE ALONG THE
EASTERN RIGHT -OF -WAY LINE OF R.A. DENT BLVD. NORTH 21 ° 03'47" EAST A DISTANCE OF
177.43' TO A POINT, KNOWN AS THE POINT OF BEGINNING. THENCE TURNING AND
LEAVING SAID RIGHT -OF -WAY LINE NORTH 77 °19'01" EAST A DISTANCE OF 13.37' TO A POINT;
THENCE SOUTH 68 ° 55'45" EAST A DISTANCE OF 337.86' TO A POINT; THENCE TURNING AND
RUNNING THE WESTERN PROPERTY LINE OF UNIVERITY HEALTH SERVICE, INC. SOUTH
28 ° 16'47" WEST A DISTANCE OF 30.24'; THENCE TURNING AND LEAVING SAID PROPERTY LINE
NORTH 68 ° 55'45" WEST A DISTANCE OF 345.18' TO A POINT; THENCE TURNING AND RUNNING
THE EASTERN RIGHT -OF -WAY LINE OF R.A. DENT BLVD. NORTH 21 ° 09'47" EAST A DISTANCE OF
22.57' TO THE POINT OF BEGINNING. CONTAINING 0.24 ACRE (10,371 SQUARE FEET).
TOGETHER WITH A TEMPORARY EASEMENT CONTAINING 0.24 ACRE (10,296 SQUARE FEET)
FURTHER SHOWN AND DESCRIBED ON A COMPILED PLAT BY CRANSTON ENGINEERING GROUP,
P.C. FOR AUGUSTA, GEORGIA DATED SEPTEMBER 20, 2008.
CRANSTON ENGINEERING GROUP, P.C.
452 ELLIS STREET
AUGUSTA, GEORGIA 30903 -2546
(706)722 -1588
JOHN T. ATT AY, GA RLS #2512
Instrument Number: 2003012196 Book/Page: 00849/1401 Date Filed: 04/11/2003 10:27:49.01
Book 00849:1401 Augusta - Richmond County
Book 01271:0094 Augusta - Richmond County $i 4.00 03012196 WARRANT DEED 01
2010036606 08/17/2010 14:57:30.00 IMAM 1111111111111011111111111
2003012196 Augusta - Richmond County
Prepared by and upon recordation
return to:
6 John E. Ta F•.a
Chorc Ta ,@ Fa
The Lenox Building, Suite 1700
3399 Peachtree Road, NE
Atlanta, Georgia 30326
r.+
LIMITED WARRANTY DEED
THIS INDENTURE, made and entered into as of January 1, 2003, by and between J. B.
FUQUA (hereinafter referred to, in the capacity described herein, as "Grantor ") as trustee,
pursuant to O.C.G.A. § 14- 8- 10(c), for the benefit of the Walton Way Partnership, a Georgia
general partnership, and FUQUA AUGUSTA REALTY II, LLC, a Georgia limited Liability
company (hereinafter referred to as "Grantee ") (the words "Grantor" and "Grantee" to include
their respective heirs, legal representatives, successors and assigns where the context requires or
permits);
0
W.ITNE SSETH,THAT: R.
f'1
WHEREAS, the Partnership Agreement (the "Partnership Agreement ") of Walton Way
Partnership (the "Partnership "), a Georgia general partnership, dated December 20, 1985, states
that the sole purpose of the Partnership is to own, lease and manage the real property (the
"Property ") described on Exhibit "A" attached hereto and by this reference made a part hereof; n
e
WHEREAS, the Property is therefore presumed to be, and is hereby confirmed to be,
partnership property of the Partnership;
rn
WHEREAS, since obtaining full fee simple title to the Property in his sole name,
Grantor has held title to the Property in trust for the Partnership, as contemplated by O.C.G.A.
§14-8-10(c). o
a
702072 LDOC
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Instrument Number: 2003012196 Book/Page: 00849/1402 Date Filed: 04/11/2003 10:27:49.01
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NOW THEREFORE, FOR AND IN CONSIDERATION OF TEN AND NO /100
DOLLARS ($10.00) and other good and valuable consideration, in hand paid at and before the
sealing and delivery of these presents, the receipt whereof is hereby acknowledged, Grantor has
granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant,
bargain, sell, alien, convey and confirm unto said Grantee, all that tract or parcel of land lying
and being located in Richmond County, Georgia, and being more particularly described in
Exhibit A attached hereto and incorporated herein by this reference (hereinafter referred to as the
"Property ")
TO HAVE AND TO HOLD the said described Property, with all and singular the rights,
members and appurtenances thereof, to the same being, belonging, or in anywise appertaining,
only to the proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE, subject to
matters of record, ordinances of local jurisdictions and parties in possession.
AND THE SAID GRANTOR will warrant and forever defend the right and title to the
above described Property unto the said Grantee against the claims of all persons and entities tt
owning, holding or claiming by, through or under Grantor, but not otherwise, subject to matters E.
of record, ordinances of local jurisdictions and parties in possession. ca
n
IN WITNESS WHEREOF, Grantor has executed and sealed this Limited Warranty c ,a
Deed on the day and year first above written.
w
"GRANTOR"
Signed, s ed and delivered t /
C 0 '
in the pi nce of: , 2
�, ; _(S.FA_L)
U •f` 1cial Witness . B. • qua, as truste- pursuant to O,C.G.A. § c
5 8 -10(c) for the , .enefit of the Walton Way
C
_ Ii k� _H►. , • 1 4. ' : uilding Partner. ip, a Georgia general 4
Notary Put{ c �.,J1 u#n„ partnership having as its sole n
't �•''ICi�p ,, P P g partners the , Jennifer C. Fuqua Trust, under Trust ili
, y. • " 7 k . . �' EAI.] Agreement UTA J.B. Fuqua, Grantor, dated
= January 5, 1981 and the Lauren B. Fuqua 0
�g,OR _ Trust, under Trust Agreement UT.A J.B. `"D
I, ► t Fuqua, Grantor, dated January 5, 1981 ,
_fir '•'" °8 „ o
r)
0
c
102072_J.DOC
2
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Instrument Number: 2003012196 Book/Page; 00849/1403 Date Filed: 04/11/2003 10 :27:49.01
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Book 01271 :0096 Augusta - Richmond County Book 00849:1403 Augusta - Richmond County
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ExHIBIT A
Legal Description
All that lot or parcel of land, together with'ini thereon, situate, lying
and being in the City of Augusta, Richmond County, Georgia,.being Located on the
Southeast corner of the intersection of.Walton;Way and 13th Streets, said property •
being known and designated as Lot NON. 3 and 4 in Block 66, Parcel A as ahown and
designated on a plat by Joe L. Grant dated April, 1964, a copy of.which is recorded
in the Office of the Clerk of Superior Court for Richmond County, Georgia, in Realty •
•Book 31 -H, page 773. Said property is more pa.rtioularly shown on a certain plat
by Swift -Gregg Associates, Engineers, dated October 14, 1966, a copy of which is '•.
annexed hereto and by reference made a part hereof, reference being made to said
plat for a more particular description.of said property. Said property is more
particularly described as follows: BEGINNING at an iron pin located generally •
on the Southeast corner of the right- of- way Walton Way and 13th Streets, thence
running South 61 'degrees 4 minutes East a distance of three hundred sixty six
(366) feet to a point; thence running South 28 degrees 12 minutes West a distance
of two - hundred nineteen and fifty four hundredths (219,54) feet to a point;, thence
running South 69 degrees 56 minutes West a distance of seventy five and twenty
hundredths (75.20) feet to a point; thence running North 21 degrees 38 minutes
.West a distance of one hundred fifty one and ninety eight hundredths (151.98) feet M
to a point; thence running North 68 degrees 53 minutes West a distance of one hundred • n
seventy seven and eighty hundredths (177.80) feet to a point; thence running North
21 degrees 7 minutes East a distance of two hundred (200) feet; thence running 0
North 69 degrees 41 minutes Eaat.a distance of two and thirty hundredths (2.30) 0"
feet to the point of beginniing.' This being. the same property conveyed by the City C
Council of Augusta to Georgia Power Company by deed dated March 26, 1965, filed O
for record in the Office of thn Clerk of Superior. Court for Richmond County, Georgia,
• '.in Realty Book 31 -1i, pages 769 -773, and being the same property subsequently by V
The Georgia Power Company to J. B, •yuqua;•Auguat 23, 1965, by deed recorded in r ,
the aforesaid Clerk's Office in Realty,Boek 31-V, page 136. "
Said p roperty is conveyed subject to the rights of the Georgia Railroad in and 0
to a strip of land described as follows To find the true point of Beginning, D
COMMENCE at an iron pipe located M.
P p generally on the Southeast corner of the right- n
of -way of Walton Way and 13th Street; thence South 21 degrees 07 minutes West for
g y 0
.4 diatance of two hundred
(200) fee[ along the East right-of-way of Lath Street • C
to an iron pipe; thence South 68 •degrees'53 :minutes'Eaat for a distance of one 0
hundred seventy seven and eight tenthe%(177.8).feet to an iron pipe; thence South .' t7
21 degrees 31 minutes East a distance of one hundred forty eight and ninety eight n
hundredths (148.98) feet to the TRUE POINT OF BEGINNING; thence from the true point e9
of beginning thus established continuing South 21 degrees 31.minutes East three '!
(3) feet to an iron atake; thence North 69'degrees 51 minutes East for a distance 0
of seventy five and two tenths (75.2) feet; thence North 28 degrees 20 minutes C
East for a distance of three and two hundredths (3.02) feet; thence South 70 degrees Vj
36 minutes Weat seventy mix and ninety seven hundredths (76.97) feet to the,True C
Point of Beginning. :
O
1
('
O
C
2
102on_ Filed in this office:
Augusta - Richmond County
04/11/2003 10:27:49.01
Elaine C. Johnson
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A
• Book 01271:0097 Augusta - Richmond County
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WARRANTY . DEED
STATE OF GEORGIA ' )
COUNTY OF RICHMOND )
•
THIS INDENTURE, made and entered into this ( __ _
day of March, 1965, between THE CITY COUNCIL OF AUGUSTA, a political
• subdivision of the State of Georgia, hereinafter designated GRANTOR,
and GEORGIA POWER COMPANY, hereinafter designated GRANTEE (the words
"Grantor" and "Grantee" to include their respective heirs, successors
and assigns where the context requires or permits.)
WITNES$ETH: That Grantor, for and in consideration of. the
Sum of One Hundred Fourteen Thousand, Five Hundred Eighty and No /100
Dollars ($114,580.00), in hand paid at and before the sealing and
delivery of these presents, the receipt of which is hereby acknowledged,
does hereby grant, bargain, sell and convey to the Grantee, the fol-
lowing described real estate, to -wit:
All that parcel of land situate, lying and being in the
City of Augusta, Richmond County, Georgia, being located on the
Southeast corner of*Walton Way and 13th Street, which is known and
designated as Block 66, Parcel "A, Lots Nos. 3 and 4, shown on a
plat made by Joe L. Grant in April 1964; a co
and is by reference made copy of which is attached,..
described a part hereof. Said property is more partic-
ularl
y as follows:
Beginning at an iron pipe located generally on the Southeast
Corner of the right of way of Walton Way and 13th Street; thence S 21°
07'W for a distance of 200.0 feet along the East right of way of 13th
Street to an iron pipe; thence S 68° 53'E for a distance of 177.8 feet
to an iron pipe; thence S 21° 31'E for a distance of 151.98 feet to an
iron pipe falling on the North right of way line of the Georgia Rail-
road;thence N 69 51'E for a distance of 75.2 feet along the North
right of way line of the Georgia Railroad to an iron pipe; thence N 28 °.
20' E for a distance of 219.5 feet to an iron pipe on the South right
of way of Walton Way; thence N 61° 40'W along the South right of way
of Walton Way for a distance of 366.0 feet to an iron .pipe; thence S 71
34'W for a distance of 2.3 feet to the point of beginning.
•
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i0
Said property is a portion of that tract of land shown
on a plat made by Joe L. Grant, R. L. S. dated July 20, 1961, re-
corded in Realty Book 28-E, pages 300-301. •
Said property is conveyed subject to maintenance easements
as shown on the attached plat.
This conveyance is made subject to the following easements,
covenants, restrictions, and reservations which are hereby made and
declared covenants running with the land, to-wit•
1. GENERAL COVENANTS:
A. The covenants running with the land set forth and
particularized in the Grantor's Declaration of Covenants, dated
March 5, 1962 and recorded in Deed Book 28-F, Folio 481-494, in the
Office of the Clerk of the Superior Court of Richmond County, Georgia,
B. The grantee agrees for itself, its successors and assigns
to or of the property or any part thereof, that the Grantee and such
successors or assigns shall:
(1.) Not discriminate upon the basis of race, color, creed
or national origin in the sale, lease, or rental or in the use or
occupancy of the property or any improvements erected or to be erected
thereon or on any part thereof; and this covenant shall be a covenant
running with the land and shall be binding to the fullest extent per-
mitted by law and equity, for the benefit and in favor of, and enforce-
,
able by (A) The Grantor, its successors and assigns, (B) The City of
Augusta and any successor in interest to the property, or any part
thereof, (c) The owner of any other land, or of any interest in such
land, within the project area which is subject to the land use require-
ments and restrictions of the Urban Renewal Plan, and (P) The United
States, against the Grantee, its successors and assigns and every
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711
therein, and any party in possession or occupancy of the property
or any part thereof.
In amplification, and not in restriction of, the provisions
of Sections 1 -A and 1 -B (1) it is intended and agreed that the Grantor
•
and its successors and assigns shall be deemed beneficiaries of the
covenants provided in Sections 1 -A and 1 -B (1) hereof, and the
•
United States shall be deemed a beneficiary of the Covenant provided
4 . in Section 1 -B (1) hereof, both for and in their or its own right
and also for the purposes of protecting the interests of the commu-
nity and other parties, public or private, in whose favors or for
whose benefit such covenants have been provided. Such covenants
• shall run in favor of the Grantor and the United States, for the
entire period during which such covenants shall be in force and effect,
without regard to whether the Grantor of the United States has at any
time been, remains, or is an owner of any land or interest therein to
or in favor of which such covenants relate. The Grantor shall have
the right, in the event of any breach of any such covenants, and the
United States shall have the right in the event of any breach of the
covenant provided in Section 1 -B (1) hereof, to exercise all the
rights and remedies, and to maintain any actions or suits at law or
in equity or other proper proceedings to enforce the curing of such
breach of covenant, to which it or any other beneficiaries of such
covenant may be entitled.
TO HAVE AND TO HOLD the said bargained premises unto the
Grantee, together with all singular the rights, members and appurte-
nances thereof to the same in any manner, belonging or appertaining
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•
•
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� � k i N •
And Granto will warrant and forever defend the right
7
i
and title thereof in the Grantee against the claims of all persons
whomsoever. .
IN TESTIMONY WHEREOF,. Grantor has executed and delivered
these presents, under its-seal, the day and year first above
•
written.
i.
• THE CITY COUNCIL OF AUGUSTA
Mayor ` ." `n
Signed Sealed ° 7
and A W� ''4
delivered in the ' '
pr nce of:
Cle of Cpµ
�A-
N
.
li;
A -
otary Public,. Richmond County,
Georgia
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Book 01271:0101 Augusta - Richmond County
2010036606 08/17/2010 14:57:30.00
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