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Home My WebLink AboutL P B PROPERTIES INC WALDEN PLACE DEED OF DEDICATION (UTILITY) AFFIDAVIT , , J \ 7) , , , ' -'.. . Book 01236:0497 Augusta - Richmond County 2009042116 10/23/2009 10:27:08.01 $0.00 WARRANTY DEED 1I11I1111111111111111111111111111111111111111111111111111111 2009042116 Augusta - Richmond County SHEPARD. PLUNKm. HAMILTON & 80UOR~ I!lIEl 429 WALKER STREET Urnn U;yg. AUGUSTA, GA 30901 STATE OF GEORGIA ) DEED OF DEDICATION (UTILITY) COUNTY OF RICHMOND ) FOR WALDENPLACE THIS INDENTURE, made and entered into this (pM day of Ocfoh'€r ,200; between the L.P .B. Properties Inc.~ Walden Place 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 Sixth day of June, 2006 ; and THAT the said Party of the First Part, for and in consideration of the sum ofTen Dollars and no/lOO ($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 ofland, together with the pipelines and applhrtenances located therein, which are delineated on a plat prepared for L.P.B. Properties. Walden Place by George L. Godman & Associates. dated April 29. 2006 , revised date June 05. 2006 , 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 1 . , ., i " Book 01236:0498 Augusta - Richmond Count 2009042116 10/23/200"9 1 0:27:0~.01 "". 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 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, 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, 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 does 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, extending, operating, repairing and maintaining of pipelines transporting and carrying utility services 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 related pronouns, related pronouns and verbs shall read as if written in the plural form. When the 2 \.-. po' .., ';>0 .,-., " , " , i Book 01236:0499 Augusta - Richmonct County 2009042116 10/23/2009 10:27:08.01 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 "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: L.P.B. Properties Inc. Walden Place {J.47D (" David BostIck By: As Its: Vice-President k:o Nota PublIc Attest: Cft:7 ~ Witness As Its: ! fJ'h-, I (SEAL) Accepted by: AUGUSTA, GEORGIA 3 ".;;," ;f-~'" ~-;; t " 1... .i ~ ~ ~ ~ if! . ~ ...... '( ~ -0 ~::T.c*"'AL) ~ ~l (,. <) ...lLl'P ';,~'~t"i :<.';; ,. &ST. .11J~ ~ e. !r~ .- ,'. . e. ...MJ' ~ ........... All' -"....G€ORG\~ _/ '",,,....,,,,-.: t-tIr ~\g\'Q'\ '/~/JJ Book 01236:0502 Augusta - Richmond County 2009042116 10/23/2009 10:27:08.01 RETURN TO: Andrew J. Kilpatrick, II, P.c. 3 George C. Wilson Ct. Augusta, Ga. 30909 AFFIDA VIT STATE OF GEORGIA COUNTY OF RICHMOND Personally appeared before the undersigned attesting officer for, L.P.B. PROPERTIES, INC. who being duly sworn, deposes and says on oath as follows: L.P.B. PROPERTIES, 1Ne. is the owner ofthe detention pond located in the subdivision known as Walden Place as shown on the final plat for said subdivision dated April 29, 2006 and recorded June 28,2006 in Plat Book 2, Page 372-373 Richmond County, Georgia records. (the "Property") . NOTICE: Georgia Law provides in OCGA S 16-8-100 that person commits the crime of Residential Mortgage Fraud when they knowingly make or use any deliberate misstatement, misrepresentation or omission during the mortgage lending process with the intent that it be relied on by any party to the transaction and can be punished by imprisonment up to 10 years and fines of $5,000.00. Sworn to and subscribed this ;(/ day of ~ 2009. Sworn to and subscribed before me this c:21 day of ~2009 ""~~ j~~ ~,WJ,m~~S~',,' .' .\.0, .' ...' / ~. 'i"~'l:.\(;:".'" ".":"<" Q N6~ ... Y PUBLIC. 80S '"7 C<sHIf1rs1,;a,.;) M-11Pt-J {1& ~ ~ vv1 '--" L.P.B. PROPERTIES, 1Ne. j...f. ! tf.-ll.J;;, (SEAL) By: qy....?i ~ As its: if.-.J-,^_", [Attach Corporate Seal or Attesting Officer's Signature] Filed in this office: Augusta - Richmond County 10/23/2009 10:27:08.01 ELAINE C. JOHNSON Clerk of Superior Court ~~ If. ~cwJ-(SEAL)