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HomeMy WebLinkAboutPROCTER & GAMBLE 3464 MIKE PADGETT HWY SANITARY SEWER EASEMENT DEED .-.. .-~ Book 01221:1393 Augusta - RiChmondC~~~---- 2009027040 06122/2009 16:38:41.00 $0.00 EASEMENT 111111111111111111111111111111111111111111111111111111111111 2009027040 Augusta - Richmond County After recording, retum to Augusta Utilities Department Attn: Land Acquisition 360 Bay Street, Suite 180 Augusta, GA 30901 (706) 3124143 AUGUST A, GEORGIA SANITARY SEWER EASEMENT DEED PROJECT: 60107 - Butler Creek Interceptor Upgrade East PARCEL IDENTIFICATION NUMBER: 134-0-005-00-0 ADDRESS: 3464 Mike Padgett Hwy. THIS INDENTURE made and entered into this ~o ~ay of J.A..C\'j, 2009, between The Procter & Gamble Manufacturing Company, an Ohio corporation, hereinafter referred to a OWNER, and Augusta, Georgia, a pohtIcal subdivision under the laws of Georgia, hereinafter referred to as AUGUSTA; WITNESSETH, that Owner, for and in consideration of the sum of ONE DOLLAR ($1.00) in hand and truly paid by Augusta at and before the sealing and delivery of these presents, and other valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed, and by these presents does grant, bargain, sell, convey and confirm unto Augusta, its successors and assigns, an easement in perpetuity under, across and through the hereinafter described parcel of land. Said easement consists of 117,375 Square Feet, more or less, as shown on a plat prepared by W R Toole Engineers, Inc., dated August 22, 2007, attached hereto and made a part hereof, to which reference is made for a more accurate and complete description of the metes, bounds and courses, and being solely for the purpose of laying, relaying, installing, extending, operating, repairing and maintaining pipelines for sanitary sewer service, the same hereinafter being referred to as the "Project." Owner does also grant unto Augusta a temporary construction easement consisting of 56,750 Square Feet, more or less, as shown on said plat. Said easement is granted together with the right to dig such trenches in said parcel of land 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 parcel of land. Said temporary easement is granted only for the aforementioned purposes and shall expire at the completion and final acceptance of the Project by Augusta. Owner 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 easement for this purpose alid all other purposes stated herein. owner does agree that no other utilities may be constructed within the aforesaid easement in perpetuity except by written permission of the Augusta Utilities Department. Augusta does agree that no other work beyond that specified in this agreement will be conducted as part of the Project without the prior written approval of Owner. Owner, its successors, heirs, assigns and legal representatives, after the completion of this Project, shall have the right to use said parcel 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 the sanitary sewer pipelines and the right to erect, construct or maintain thereon any buildings, structures, or other permanent improvements. After completion of construction and testing, Augusta agrees that it will instruct the project contractor to smooth out the ground and seed with grass, within the easement areas. Augusta shall restore Owner's property to its preexisting condition or such other condition as Owner and Augusta may agree upon the completion of the construction and testing of this pipeline. Augusta shall have an ongoing obligation to maintain, at its sole cost and expense, the pipelines installed within the easement areas and any related equipment or improvements within the easement areas. . ,~ Book 01221 :1394 Augusta-Richmond County 2009027040 06/22/2009 16:38:41.00 ;, , Augusta shall give Owner at least five (5) business days notice, by contacting Johnny Crawley at 706-796-4100, in advance of any construction activity in the easement areas so that Owner can arrange to have a representative present during the construction, if so desired. If Augusta wishes to publicly release (other than as required by any federal, state or local statute, law, rule, regulation or ordinance) any information in connection with the Project, it will first allow Owner to review and comment on the content of such information and will make every reasonable effort to take Owner's concerns into consideration. Should there be an injury suffered on the site of the work, Augusta agrees that it will not publicly release any pictures, film or video footage of Owner's property without Owner's express written consent (except to the extent that such release is required by federal, state or local statute, law, rule, regulation or ordinance). TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges and appurtenances unto Augusta, its successors and assigns, in perpetuity. And Owner, its successors, heirs, assigns and legal representatives shall and will forever warrant and defend unto Augusta, its successors and assigns, the rights, ways, easements privileges and appurtenances conveyed herein, against the claim of any person or persons whomsoever. IN WITNESS WHEREOF, Owner has set its hand and seal, the day and year first above written. Signed, Sealed and Delivered in the presence of: The Procter & Gamble Manufacturing Company wC~~ ~ ~L~ NO~' 0_:;( 4<<> /-. ;'}II '/I County, State of /1J6/iJ ~y Commission Expires: 5 /,? ~=<?'O /-2 I \\,,'UIIIIIIIII ,,'\\~\AL. .;.',,'" /Oll~ VICki Grothaus ..:?' '. . ~ ~ ofOh' : * . . * ~ Nota'Y Public. State 10 %dl'li. off My Commission Expires 05-28-2012 ~;~ ~~ "''1'ti of 'O",<t> 111""'11"'''\\\\\\ By:_lJlS_L IRIAN K. BANKE AIIOCIATE DIRECTOR As Its: Attestrtfk~ A ~ S 1.5111 (If,- J'€e...eem~ y " As Its: Witness 1~ Augusta, Georgia By. c1---", ~~J As Its: I-'~--(of.... A .......~~"" \. ~~~lt~~ ) -f"