HomeMy WebLinkAboutSOUTHEASTERN FAMILY HOMES INC DEED OF DEDICATION (UTILITY) BELFAIR LAKES SCETION 1
.,
f
".II
Book 01200:2279 Augusta - Richmond County
200805237712/18/200815:33:27.01
$0.00 QUITCLAIM DEED
1111111111111111I1111111111111111111111111111I11111111111111
2008052377 Augusta - Richmond County
Return to:
James T. Plunkett, P.C.
429 Walker Street, Upper Level
Augusta, Georgia 30901
STATE OF GEORGIA )
COUNTY OF RICHMOND )
DEED OF DEDICATION (UTILITY)
FOR Belfair Lakes, Section I
THIS INDENTURE, made and entered into this / / day of ,I)' . 2 V~<(,
between the Southeastern Family Homes, Inc. 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 ofTen Dollar
and no/l 00 ($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 propew, to-wit:
(
AN EASEMENT IN PERPETUITY UNDER, ACROSS AND THROUGH the
approximately inarked strips ofland, together with the pipelines and appurten~ces located therein,
which are delin~ated on a plat prepared for Southeastern Family Homes. InC: by James G. Swift
& Associates dat'ed October 25. 2001. last revised -11/30/01 which plat reference is made fo1' 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
carrying utility services, the same hereinafter being referred to as the "PROJECT;"
1
Book 01200:2280 Augusta-Richmond County
2008052377 12/18/2008 15:33:27.01
TOGETHER WITH THE RIGHT, when construction 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 the rights herein granted, EXCLUDING the right to erect, construct, or maintain
thereon any buildings or permanent improvements.
AS APART ofthe consideration for said conveyance, the Party ofthe 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 First 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 HA VE 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, his heirs and legal representatives 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.
2
"'
Book 01200:2281 AUgusta-Ric~m~n~-;o~~ty----
200805237712/18/200815:33:27.01
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, 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 "heirs" and "legal representatives" 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:
resident
Date:
Accepted by:
AUGUSTA, GEORGIA
'--.n
By:
/" ()~ -'.--, . /'<'-.
~~.- . ,,":- -,~.,.',..v>,..
..,~
. .. ::.; ~:l
,.. i :-;J~ ~
,. '-. "p . ~:,~~ ",.<! ~~ h.\" \ U
h "" .... ~ \u . \
T~ ~"t:>,'4;(\IJ:~.Je~ _.jJ]>~
\; ~ ," 't ~,i~
.'t\l: ('Errl.l'..~'"' ~.
-'~f'~~.:~~...,~_~,~::-!~
Attest:
Filed in this office:
Augusta-Richmond County
12/18/200815:33:27.01
ELAINE C -JOHNSON
Clerk of Superior Court
3