HomeMy WebLinkAboutSOUTHERN SPECIALTY DEVELOPMENT DEED OF DEDICATION (UTILITY) WALTON HILLS SECTION 8 PHASE 1
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Richmond County Attorney
429 Walker St
upper level
Augusta, Ga 30901
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Book 01199:2312 Augusta - Richmond County
200805128812/08/200814:49:32.01
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2008051288 Augusta - Richmond County
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STATE OF GEORGIA )
COUNTY OF RICHMOND )
DEED OF DEDICATION (UTILITY)
FOR WALTON HillS, SECTION 8, PHASE 1
THIS INDENTURE, made and entered into this day of . '2006,
between the SOUTHERN SPECIAL TV DEVELOPMENT CO., 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 Ten
Dollar 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:
AN EASEMENT IN PERPETUITY UNDER, ACROSS AND THROUGH the approximately
marked strips of land, together with the pipelines and appurtenances located therein, which are
delineated on a sanitary sewer asbuilt plat and a water asbuilt plat prepared for Walton Hills Section 8,
Phase 1 by James G. Swift & Associates dated May 25, 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 of
laying, relaying, installing, extending, operating, repairing, and maintaining pipelines
transporting and carrying utility services, the same hereinafter being referred to as the
"PROJECT;"
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Book 01199:2313 Augusta-Richmond County
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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 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 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 ofthe 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, 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.
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Book 01199:2314 Augusta-Richmond County
2008051288 12/08/2008 14:49:32.01
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:
SOUTHERN SPECIALTY DEVELOPMENT CO.
Easement for Walton Hills, Section 8, Phase 1
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By:
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My CommlSSIO}l' Explr~s: 9/19/10
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Date:
Accepted by:
AUGUSTA, GEORGIA
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2008051288 12/08/2008 14:49:32.01
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All. -A5--BUILr S~/ P,V,C, We. CLASS 200) AS SHO"",,
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