HomeMy WebLinkAboutWOODCREEK DEED OF DEDICATION TULLOCKS HILL PHASE TWO
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Book 00903:2461 Augusta - Richmond County
200305799312/22/200314:43:04.02
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2003057993 Augusta - Richmond County
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Return to:
County Attorney
454 Greene Street
Augusta, _G~~90L _
STATE OF GEORGIA ) DEED OF DEDICATION
COUNTY OF RICHMOND ) FOR TULLOCKS HILL PHASE TWO
(UTILITY; WATER) -3
THIS INDENTURE, made and entered into this ~ day of ec:I- , 20~,
between the Woodcreek, L.P. 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 nollOO ($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 plat prepared for W oodcreel ,L.P., Tullocks Hill Phase IT by H.
Lawson Graham and Associates, Inc. dated December 6, 2001 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 00903:2462 Augusta - Richmond County
2003057993 12/22/2003 14:43:04.02
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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 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 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 00903:2463 Augusta - Richmond County
2003057993 12/22/2003 14:43:04.02
, 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:
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Witness
~:Q. ~y~
Notary Public Notary PublIc. Cc!Ilumb6a eauna, A-
My Commission Expires My Commf88lon IExpUree Sept. 12.2OOl18
By:
W oodcreek, L.P.
Z~eTWO
-Randall K. Gilbert , /
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Accepted by:
AUGUSTA, GEORGIA
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