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HomeMy WebLinkAboutAUGUSTA MANAGEMENT GROUP 2470 GORDON HIGHWAY (OPTION FOR EASEMENT ) Book 01279:1468 Augusta - Richmond County 2010/27/: .00 $0.00 EASEME 11111! III 044627 1 111 II III !II I Ill 2010 1111 11111 1111 ll l57:28l ll l ll l ii� Iii Iiiidiiaiil iDiiiiiiC SHEPAID, PLUNKETT, 2 010044627 Augusta - Richmond County HAMILTON & BOUDREAUX, LLP 429 WALKER STREET UPPER LEVEL AUGUSTA, GA 30901 AUGUSTA GEORGIA EASEMENT DEED PARCEL IDENTIFICATION NUMBER: 081 -0- 012 -03 -0 ADDRESS: 2470 Gordon Highway THIS INDENTURE made and entered into this day of 2010, between Augusta Management Group, LLC, hereinafter referred to as OWNER, and Augusta, Georgia, a political 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 exclusive utility, access and maintenance easement, for the purpose of installing, utilizing and maintaining utility pipelines, in perpetuity under, across and through the hereinafter described parcels of land. An exclusive permanent utility, maintenance and access easement of 4,788 square feet, more of less, purpose of laying, relaying, installing, adding, expanding, extending, operating, repairing and maintaining pipelines transporting and carrying utility services, shown on a plat prepared by George L. Godman & Associates, dated July 27, 2009, 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. Also a temporary construction easement of 25,832 square feet, more or Tess, as shown on said plat, is granted together with the right to dig such trenches in said parcel of land as may be necessary for this pipeline, 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 parcel of land. Said temporary easement shall expire at the completion and final acceptance of this pipeline by Augusta. Owner does agree that no other utility(ies) may be constructed within the aforesaid permanent easement in perpetuity except by written permission of the Augusta Utilities Book 01279:1469 Augusta - Richmond County 2010044627 10/27/2010 14:57:28.00 Department. Said permission will take the form of an Encroachment Agreement entered into by Augusta and the requesting utility. Owner does also grant, bargain, sell and convey unto Augusta, its successors and assigns, the right, but not the duty, to clear and to 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 and all other purposes stated herein. 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 that may interfere with the accessing, expanding, adding, laying, relaying, installing, extending, operating, repairing and maintaining of pipelines transporting and carrying public water services and 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 Augusta and its successors, 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 claiming under or through Owner. 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: AUGUSTA MANAGEMENT GROUP, LLC . Inv By: .° /TNESS As Its: ` r / 1 � •,P ea nty, Georgia ,r y Co mission Expires: 7 - 0V/ - 4.3 B 4.1.,(f.40, Are AIL Public, Richmond County, Georgia q� t i c k My Commas on Expires September 29, 2013' As Its: V 0 Q -- AUGUSTA, GEORGIA OPTION FOR EASEMENT PROJECT: 60106 — Butler Creek Interceptor Upgrade, West Augusta Utilities Department PARCEL IDENTIFICATION NUMBER: 081 -0- 012 -03 -0 ADDRESS: 2470 Gordon Highway tot L td THIS INDENTURE made and entered into this day of 2010 between Augusta Management Group, LLC, hereinafter referred to as OWNER, an Augusta, Georgia, a political subdivision under the laws of Georgia, hereinafter referred to as AUGUSTA; WITNESSETH, that Owner, for and in consideration of ONE DOLLAR ($1.00), the receipt whereof is hereby acknowledged, and in consideration of the benefits derived by said Owner from the proposed Project mentioned herein, Owner agrees to be bound, and to bind their representatives, assigns and heirs as follows: $3,2 00. If AugustOhall, w ithin one hundred and eighty (180) days from the date first written above, pay the sum of $243.5110 the Owner agrees to execute and deliver to Augusta easements to the hereinafter described parcel of land. Said easement consists of 4,778 Square Feet, more or less, of exclusive permanent access, utility and maintenance easement and 25,832 Square Feet, more or less, of temporary construction easement, as shown on a plat prepared by George L. Godman & Associates, dated July 27, 2009, 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 for the purpose of laying, relaying, installing, extending, adding, operating, repairing and maintaining pipelines transporting and carrying utility services. And no agreement that would adversely affect these rights has been, or will be, made within the option period. 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: AUGUSTA MANAGEMENT GROUP, LLC I _ -- — [, Q rc a 3 a 1 \ ` � _ K � a 1 s b ! -, _ _ off . , , , R .4 of s� -- � " � 1 W a 4 4 4 . RR s l F q �! r - - _8 ri g 6 i NC 0 58 S .J 10 ry g b \ 7 . .:1 r $F 70, !i- I' I C l W 1 .1 ii c C " - i`` F _ Q Z t N =;F// t ,Si a" /I 1 ; 04, ss` P / f t '. • g § col a \ 8 1 $ YE s V t . 7', / / . S g .\ a 1 \ / ,X E Q 2:1 a l w .\ �J S it'.,r y Wei., : g sc � � s \ V al . � �' .+ox ! a pa V gm < z gg i 1