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Home My WebLink AboutSTEPHEN H STEINBERG MARK S. DONAHUE (UTILITY ) DEED OF DEDICATION AND EASEMENT DEEDBook 01263:2181 Augusta - Richmond County 2010027827 06/17 /2010 14:51:15.00 $0.00 EASEMENT 2010027827 Augusta - Richmond County ---------------------------------------------------- - - - - -- [SPACE ABOVE RESERVED FOR CLERK'S USE]------------------ - - - - -- After recording, please return to: Sandra Tyler Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 STATE OF GEORGIA ) RICHMOND COUNTY ) DEED OF DEDICATION (UTILITY) AND EASEMENT DEED (Parcel Identification Number 122 -3- 103 -00 -0) THIS INDENTURE, made and entered into this —/— day o 2010, between STEPHEN H. STEINBERG AND MARK S. DONAHUE, hereinafter referred to as the Party of the First Part, and TIMOTHY E. COPELAND, hereinafter referred to as the Party of the Second Part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the Party of the Third Part. WITNESSETH: WHEREAS, the Party of the First Part and the Party of the Second Part entered into a Sanitary Sewer Easement Agreement on or about the 6 th day of August, 2008, said document being recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Deed Book 01200, Pages 0879 -0888; and WHEREAS, the Party of the First Part and the Party of the Second Part wish to grant said easement to the Party of the Third Part and dedicate the gravity sanitary sewer pipeline contained within said easement to the Party of the Third Part; and WHEREAS, the Party of the Third Part has inspected said gravity sanitary sewer pipeline on March 17, 2010, and determined that said gravity sanitary sewer pipeline meets the requirements of the Party of the Third Part to be accepted into its sanitary sewer system; and 1 Book 01263:2182 Augusta - Richmond County 2010027827 06/17/2010 14:51:15.00 WHEREAS, the Party of the Third Part has agreed to accept said gravity sanitary sewer pipeline upon the agreement of the following provisions, acceptance of which will be shown by the signing of this document: 1. The Party of the First Part and the Party of the Second Part agree that paragraph three (3), on page two (2), of the aforesaid Sanitary Sewer Easement agreement will be superseded by the language contained within this document, as it pertains to the use of said easement by the Party of the Second Part. 2. The Party of the First Part and the Party of the Second Part agree that paragraph eight (8), on page two (2), of the aforesaid Sanitary Sewer Easement agreement will be hereby amended to include the following language: Each and every tie -in to the gravity sanitary sewer pipeline being dedicated herein MUST obtain the approval of the Augusta Utilities Department prior to being done and MUST be done in accordance with all local, state, regional and federal laws, rules and regulations. 3. The Party of the First Part relinquishes all rights and interest in and to the easement itself to the benefit of the Party of the Third Part; now THEREFORE, the Party of the First Part and the Party of the Second Part, for and in consideration of the sum of Ten Dollars ($10.00) in cash to it in hand paid by the Party of the Third Part, the receipt of which is hereby acknowledged, at and/or before the sealing and delivery of these presents, and other good and valuable consideration, has granted, bargained, sold, released, conveyed and confirmed unto the said Party of the Third Part, its successors and/or assigns, the following described property, to -wit: AN EXCLUSIVE EASEMENT, twenty (20) feet in width, in perpetuity, over, under, across and through the marked strip of land delineated as "20' Sanitary Sewer Easement (Parcel "A ") ", on a plat prepared for Mark Donahue by Southern Land Surveyors, Inc., dated April 15, 2008, 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. Said easement being for the purpose of laying, adding, relaying, expanding, adding, installing, extending, operating, repairing and maintaining pipelines transporting and carrying utility services for the Party of the Third Part. SAID EASEMENT IS GRANTED 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 and store pipe, supplies and equipment connected with the construction and maintenance thereof, over, along, and across the said V, r Book 01263:2183 Augusta - Richmond County 2010027827 06/17/2010 14:51:15.00 property, along with the free right of ingress and egress to and from said permanent easements for thesepurposes. And the Party of the Third Part does hereby agree that should it become necessary to dig said trenches, it will see that, upon completion of the project, the disturbed ground is smoothed out; and, if the chain link fence belonging to the Party of the Second Part, which is located upon the said easement, is disturbed /moved during such activity, the Party of the Third Part will see that it is reset. THE PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART, their heirs, successors, legal representatives and assigns, do also grant to the Party of the Third Part all gravity sanitary sewer pipelines and appurtenances located within said easement. THE PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART, their heirs, successors, legal representatives and assigns, do also grant, bargain, sell and convey unto the Parry of the Third Part, its successors and assigns, the right, but not the duty, to clear, and keep clear, all trees, undergrowth and other obstructions from said easement in perpetuity, along with the free right of ingress and egress to and from said easement for these purposes. THE PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART, their heirs, successors, legal representatives and assigns do agree that no other utilities, pipelines, cables, wires, or other intrusions, may be constructed within the aforesaid easement in perpetuity. THE PARTY OF THE SECOND PART, his heirs, successors, legal representatives and assigns, 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, adding, extending, operating, repairing and maintaining of pipelines transporting and carrying utility services. ALSO EXCLUDED is 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 Parry of the Third Part, its successors and assigns, in perpetuity. AND THE SAID PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART, their heirs, successors, legal representatives, and assigns, shall and will forever warrant and defend unto the Party of the Third Part, its 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 "Parry of the First Part" and 3 t. Book 01263:2184 Augusta - Richmond County 2010027827 06/17/2010 14:51:15.00 all related pronouns, 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 "heirs" shall be substituted for the word "successors" at the appropriate place or places. IN WITNESS WHEREOF, the said Party of the First Part and the Party of the Second Part have 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: WITNESS Notary Public My Commission Expires: J E2EN H �m ®'�� y-�zcN I lk� „ e'a �'� F ite n'�tt t t tt` ° °° WITNESS Z S. DONAHUE Notary Public My Commission Expires: l fffim ® '(AR j► tc P TIM E. COPELAND Copeland's signature notarized on following page. I Book 01263:2185 Augusta - Richmond County 2010027827 06/17/2010 14:51:15.00 AUGUSTA, GEORGIA 6101 B l� �� y ' �tA /10DAVID S. COPENHA R, Mayor ER Clerk of • • (SEAL) 5 Filed in this office: Augusta - Richmond County 06/17/2010 14:51:15.00 ELAINE C. JOHNSON Clerk of Superior Court _ ��` My Commission Expires: 4 9-,-