HomeMy WebLinkAboutHILL HAVEN DEED OF DEDICTION UTILITY WATER DISTRIBUTION SYSTEM Book 01275:0105 Augusta - Richmond County
2010040634 09/21/2010 13:52:54.01
' $0.00 WARRANTY DEED
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2010040634 Augusta - Richmond County
Please return to:
Wayne Brown, Esq.
Augusta Law Department
501 Greene Street, Suite 302
Augusta, GA 30901 (706) 842 -5550
STATE OF GEORGIA ) DEED OF DEDICATION
COUNTY OF RICHMOND) UTILITY — Water Distribution System
HILL HAVEN
THIS INDENTURE, made and entered into this 7 day ofS mber , 2010,
between WARREN ENTERPRIZES, 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 SAID UTILITY PIPELINES, herein described, have been inspected by the
Augusta Utilities Department and accepted on the 27th day of March, 2007; 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 pipelines and appurtenances located
therein, which are delineated on plat as noted: prepared for Magnolia Homes of
Augusta, Inc.,. dated October 2, 2006, recorded in the Office of the Clerk of the Superior
Court of Richmond County, Georgia, in Plat Book 3, page 134. 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 no sanitary sewer easements,
pipelines, or appurtenances, are included in this agreement.
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. Book 01275:0106 Augusta - Richmond County
2010040634 09/21/2010 13:52:54.01
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, and to
store such pipe, supplies and equipment thereon. The Party of the First Part does also
grant the Party of the Second Part the free right of ingress and egress to and from said
easements for purposes stated within this document.
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 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
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A c t' 4 , r Book 01275:0107 Augusta / — Richmond County
20 092 /2 010 1 3 : 52 : 54
"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:
WARREN ENTERPRIZES, LLC
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W TNESS ' 3 — " 7 " 1 : 1 " ---
With P•wer of Attorney r in the
Office of the Clerk of the Superior Court of
` Richmond County, Georgia in Realty Reel
a ` ,( ata 1 1175, Page 1650
NOTARY PUBLIC
Li sz Cou or t Cj° ,.
My Commission Ex ' - 44 c :
ACCEPTED BY:
AUGUS A,
7 4 / J \ By:
WITNES r Deke Cope aver
r (.c% »)2d& jiil�gs Mayor
NOTARY BLIC
Lc iC4x.ka) ounty, Georgia
My Commission Expires: / - /4?- /' Attest�� / ii. lea_A.„ /
...•'44. vomatv�, " Clerk of Cori 'sion
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f a k.i• r
g moor do _ i _ i
VAIONs_. duly i•'4'� e (SEAL)
3 Filed in this office:
Augusta - Richmond County
09/21/2010 13:52:54.01
ELAINE C. JOHNSON
Clerk of Superior Court