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HomeMy WebLinkAboutGOSHEN VILLAGE LLC " , \ ... " ~ . t FIRST RETURN TO: Stephen E. Shepard 701 Greene Street, Suite 104 Augusta, Georgia 30901 I€tum 'Ib: ~w. EYrd \ulick W:n:"lick, Tritt, StEtb:ins & H:lll, lIP P. O.B::K 1495 ~, Gl-\ 30903-1495 10fjtl12277543 --~-- -- Book'01000:1259 Augusta - Richmond County 200503415207/12/2005 10:02:31.02 $0 00 WARRANTY DEED lllllilllll\ 111\1111111\11111111 1111\ 111111111111111 \111\111 2005034152 Augusta - Richmond County STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION (Utilities) THIS INDENTURE, made and entered into this ~ay of October, 2001, between GOSHEN VILLAGE, LLC, a Georgia limited liability company, 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 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 that certain tract of land, together with the pipelines and appurtenances located therein, situate, lying and being in Richmond County, Georgia, being shown and designated as TRACT "c" 1.50 ACRES on a Boundary Plat of GOSHEN VILLAGE prepared for James M. Hull, Goshen Village, LLC, Wachovia Bank, N.A. and Lawyers Title Insurance Corporation by Southern Partners, Inc. under date of April 7, 1998, last revised May 6, 1998, a copy of which plat is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Reel 596, pages 810-815, 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 is attached hereto and by reference made a part hereof. Said Tract "c" is improved by a roadway known as Nixon Drive. 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;" Augusta-Richmond County 7-28-99 - - ------...., Book 01000:1260 Augusta - Richmond County 2005034152 07/12/2005 10:02:31.02 TOGETHER WITH THE RIGHT, when const~ction 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 he rights herein granted, EXCLUDING the right to erect, construct, or maintain thereon any buildings or permanent improvements. As a part 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 Second 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, its successors and assigns shall and will forever warrant and defend unto the Party of the Second Part, its successors and assigns, the rights, ways, and easements, privileges, and appurtenances conveyed herein, against the claim or claims of any person or person whomsoever. ~gUsta-Richmond County 7-28-99 , 'i Book 01000:1261 Augusta - Richmond County 2005034152 07/12/2005 10:02:31.02 jl';;1 ~~ 't'1 WHENEVER there shall be more than one grantor, the phrase "Party of the First Part" and all related pronouns, relative 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 "successors and assigns" 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 III our presen DEVlPER:G~~C By: ~ As Its: Member-M ager 11111/ D II~ . .~~ 10... 0 ~ ~~:. O~ ~. ~ ~. :. -........ . - = .....:n 17 ~:-< = :: .~ 2005 .::: ~~..4t... .;$:.L ~ ~ ~'?6".t. ...~. .....s ~ ....., ~~;. s ~ 'ttf ..CO., G~.. (j ~ ~/1.~~"PU6~\'~ 111",...",,\\\: (SEAL) Rugusta-Richmond County 7-28-99 Filed in this office: Augusta - Richmond County 07/12/200510:02:31.02 Elaine C.- Johnson Clerk of Superior Court >~-~ .....~. J. c 'f Book 01000:1257 Augusta - Richmond County 2005034151 07/12/2005 10:02:31.01 $0.00 WARRANTY DEED 1111111 11111 1111I1111111111 11111111I111111 1111111111 11111111 2005034151 Augusta - Richmond County FIRST RETURN TO: Stephen E. Shepard 701 Greene Street, Suite 104 Augusta, Georgia 30901 Return To: Wm. Byrd Warlick, Esq. Warlick, Tritt, Stebbins & Hal!, LLP Post Office Box 1495 Augusta, GA 30903-1495 706-122-7543 STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION (Roads) _~ THIS INDENTURE, made and entered into the ~- day of October, 2001, between GOSHEN VILLAGE, LLC, a Georgia limited liability company, 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 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 arid confirmed unto the said Party of the Second Pa..rt, its successors and assigns the following described property, to- wit: All that strip or parcel of land in Richmond County, Georgia, consisting of a tract shown and designated as TRACT "C" 1.50 ACRES on a Boundary Plat of GOSHEN VILLAGE prepared for James M. Hull, Goshen Village, LLC, Wachovia Bank, N.A., and Lawyers Title Insurance Corporation by Southern Partners, Inc. under date of April 7, 1998, last revised May 6, 1998, a copy of which is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Reel 596, pages 810-815, to which plat reference is made for a more complete and accurate description as to the metes, bounds and location of said property. Said /-~~ .. - -~,., " Book 01000:1258 Augusta - Richmond County 2005034151 07/12/2005 10:02:31.01 Tract "C" is improved by a roadway known as Nixon Drive. As evidenced by its acceptance of this deed, the Grantee agrees to incorporate said street(s) and roadway(s) into its system of streets in Richmond County. TO HAVE AND TO HOLD the aforesaid rights, way, 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 and assigns shall and will forever warrant and defend unto the Party of the Second Part, its successors and assigns, the rights, ways, and easements, privileges, and appurtenances conveyed herein, against the claim or claims of any person or persons whomsoever. WHENEVER there shall be more than one grantor, the phrase "Party of the First Part" and all related pronouns, relative pronouns and verbs shall read as if written in the plural form, and when appropriate such phrase and related pronouns and relative pronouns shall 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 "successors and assigns" 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. GOSHEN VILLAGE, LLC BY: (SEAL) Accepted By: AUGUSTA, G ~4): Filed in this office: Augusta - Richmond County 07/12/2005 10:02:31 .01 Elaine C. -Johnson Clerk of superior Court .. ,t' . , t, FIRST RETURN TO: - Stephen E. Shepard . 701 Greene Street, Suite 104 'Augusta, Georgia 30901 I€tum 'Ib: m. EYrd vJ3rlick W:n:"lick, Tritt, StEtb:ins & H:lll, lIP P. o. B::K 1495 ~, Gl-\ 30903-1495 70&-722-7543 - Book 01000:1253 Augusta - Richmond County 2005034150 07/12/200510:02:31.00 $0.00 TRUSTEES DEED 1111111111111111I11111111111111111I1111111111111111I11111111 2005034150 Augusta - Richmond County ********************************************************************************* TRUSTEES' DEED THIS INDENTURE, made and entered into this ath day of ~998, by and between . ~ ~ THE NIXON TRUSTS, a Georgia partnership composed of Four (4) Trusts, by NELSON ALEXANDER NIXON, COBBS GWINN NIXON, and HELEN NIXON FLEMING as Successor-Trustees under the Trust Agreement of Scott Nixon, Gwinn Huxley Nixon, Margaret Nixon Mobley and Francis Cobbs Nixon dated October 1, 1969 and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia in Realty Book 37-B, page 76 hereinafter collectively called Party of the First Part, and AUGUSTA-RICHMOND COUNTY, GEORGIA, a Political Subdivision under the laws of the State of Georgia hereinafter called Party of the Second Part, WIT N E SSE T H: .... That the said Party of the First Part for and in consideratipn of the sum of Ten and No/IOO ($10.00) Dollars and other good and valuable consideration, in hand well and truiy paid by the said Party of the Second Part, the receipt and adequacy of which is hereby acknowledge(l has bargained, granted, sold, aliened, conveyed, and confirmed, and by these presents does bargain, grant, sell, alien, convey and confirm unto the said Party of the Second Part, his' successors and assigns, the property hereinafter described, to-wit: J '., , ~, , Book 01000:1254 Augusta - Richmond County 2005034150 07/12/2005 10: 02: 31 .00 , , See EXHIBIT "A" Attached Together with all and singular the rights, ways, easements, members, privileges and appurtenances to the said property, being, belonging, or in anyway appertaining, and the rents, reversions, issues and profits thereof and of every part thereof. To Have and To Hold said property, and all and singular said rights and privileges, unto the said Party of the Second Part, in FEE SIMPLE forever. And the said Party of the First Part shall and will warrant and forever defend by virtue of these presents, the said bargained premises unto the said Party of the Second Part against said Party of the First Part, and all and every other person or persons. IN WITNESS WHEREOF, the said Party of the First Part has affixed his hand and seal hereto the day and year first above written. ~~ . Signed, sealed and delivered )n, ,t,h,~ .pr~s~p.ce of: "';;'!"l:~~1::t~X,~:}i> CJ / A I !J ~ /;'!rt:~"'!7<' 0!fd!d~ ' fi';:'i., :,Plai~l'~Witne's~; " ;':, ,\L,) ~~~,f/: \~,,:,<:,: 4,. ,J.. '.:;' \~;:~::~f9,taiYF ,,61,ic., Ric ond .'.:;?~~~t.~';:,St~te of Georgia My Commission Expires: MY COMMISSION EXPIRES DEC. 2, 2001 L.S.) NELSON ALE A as Trustee aforesaid Signed, sealed and delivered in th~,Pl'esence of: ." Wii/~:;:, Q ~ '.1."'" ~"""',l".:-:'>'T<.' }~.. ~~~~~"..':~"W~,;:;"'. '., . ,::;i'::~?,::{~l~pi;, .nw~ss " ilf{)~;~~!~; , ;~;~/i;;:"'~.9Y$'.Y!1...9.,,~., },':f lchmond ':::f~~~;~~V.i1~i:.S~teJ)f Georgia . ~ '.:'>::"(!'(?Z~;;-);;~f;.t(:.~':".' My'Cdiilillission Expires: ;. tAr C;OMMJSSJON EX w.~_ PIRES DfG..,2, 20(}] h~ COBBS GWINN NIX N as Trustee aforesaid (L.S.) ~ It. ,. . ' Signed, sealed and delivered in the presence f: My commission expires: /~ ZO-/!de:r-o r,~'.?'j ~-~~ ~.tI,~.~~~; fIt; ,~~ ~\ ~~:~~:~~\;;;{c::;<?tt~_~/~ JI.f~~ ~-.~ '. \, ~:.,.Q~~~~,..,~#:,.',,":' ~t-__ ~J. :'!. ..... -- ~ Book 01000:1255 Augusta - Richmond County 200503415007/12/2005 10:02:31.00 THE NIXON TRUSTS, a Georgia general partnership comprised of four trusts CiJJ~ 't/. ~?/ (SEAL) HELEN N. FLEMING Trustee . ..... Book 01000:1256 Augusta - Richmond County 200503415007/12/2005 10:02:31.00 ~ -I ~ "'\~ , . EXHIBIT "A" ALL that tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond in the 1660th GMD, being shown and designated as "TRACT "C" 1.50 ACRES" on a Boundary Plat of GOSHEN VILLAGE prepared for James M. Hull, Goshen Village, LLC, Wachovia Bank, N. A., and Lawyers Title Insurance Corporation by Southern Partners, Inc. under date of April 7, 1998, last revised May 6, 1998, a copy of which is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia in Realty Reel 596, pages 810-815. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds and location of said property. Filed in this office: Augusta - Richmond County 07/12/200510:02:31.00 Elaine C-:-Johnson Clerk of superior Court