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Home My WebLink AboutBERLLEGGINGSMAATSCHAPPIJ SOKLA B V CHRIS NICHOLSON THE MARKETPLACE SHOPPING CENTER ~o ... . . . . . ". r I STATE OF GEORGIA I ! RICHMOND COUNTY 2400 iT. THIS INDENTURE, made and entered into this '?;?~ day of ~~, 1984, between BELLEGGINGSMAATSCHAPPIJ SOKLA B.V., a Netherlands Corporation, CHRIS P. G. NICHOLSON, ELAINE N. PAPAPAVLOU (ALSO KNO~~ AS ELAINE N. PAUL), and MICHAEL G. PAPAPAVLOU (ALSO KNOWN AS MICHAEL G. PAUL), all of Ricpmond County, Georgia, TRUST COMPANY BANK OF AUGUSTA, N.A. (FORMERLY THE FIRST NATIONAL BANK & TRUST COMPANY OF AUGUSTA) , and COUNTY BOARD OF EDUCATION OF RICHMOND COUNTY, GEORGIA, as parties of the First Part, and RICHMOND COUNTY, GEORGIA, a policital subdivision of the State of Georgia, as party of the Second Part; WITNESSETH: That the said parties of the First Part, for and in consideration of the sum of One ($1.00) Dollar apd other valuable considerations, in hand paid by the party of the Second Part, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, conveyed and confirmed, and by these presents do grant, bargain, sell, convey and confirm unto the said party of the Second Part, its ~uccessors and assigns, an easement, in perpetuity, under, through and across the following described property, to-wit: A strip of land, situate, lying and being in the 123rd G.M.D. of Richmond County, Georgia, same being ten (10) feet in width, and being five (5) feet parallel and adjacent to each side of the center line of an existing sanitary sewer as shown on a plat prepared for The Marketplace Shopping Center by Ayer, Graham & Associates, Inc., dated February 1, 1984, a copy of which plat is hereto attached and by reference made a part hereof for a more complete and accurate description as to the metes, bounds, ~ ~ - 1- _ _~ _ _ _ ,. . " 2401 Together with the right, when construction or maintenance is necessary, to dig such trenches in said parcel of land as may be necessary for the project; to pile thereon material excavated, and to haul pipe, supplies and equipment connected with the construction and maintenance thereof, over, along, and across the said parcel of land. The parties of the First Part, their legal representa- tives and assigns, after the completion of any 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 erect, construct or maintain thereon any buildings or permanent improvements; except, however, parties of the First Part may pave and landscape over the said easement area, use the area for vehicular traffic and parking and further reserve the right to grant other utility easements which may pass through the area hereby granted. As a part of the consideration for said conveyance, the party of the Second Part covenants as follows: (a) To cause the top of any sanitary sewer lines installed to be laid a sufficient depth below the surfacte of the ground so as to permit the use of the surface thereof by the parties of the First Part in any manner not inconsistent with said easement, but excluding the placement of buildings or other permanent improvements thereon; (b) To refill and compact any trenches dug and to promptly restore the improvements thereon to the condition they were in prior to any work by the party of the Second Part; (c) To exercise the right of extending, making repairs and to maintaining said project, including the existing sanitary sewer line, in a careful and skillful manner, avoiding unnecessary damage to any permitted improve- """"~'t"'\-I-r'" "'...... , -,._....:J__.............~ ___ .............__ _.... ~...:3 ...................__1 _+ " . . , 2402 (e) To perform all work in the easement area with as little interruption to the normal uses made of said property by the parties of the First Part as is reasonably possible. TO RAVE 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 parties of the First Part, and their legal representatives, warrant the said rights, ways, easements, privileges and appurtenances, unto the said party of the Second Part, its successors and assigns, against the said parties of the First Part, their legal representatives and assigns, and against the lawful claim or claims of any person or persons whomsoever, and each party of the First Part as to that portion of the easement area owned by him will warrant and forever defend by virtue of these presents. Whenever appropriate, the phrase "parties of the First Part" and related pronouns and relative pronouns shall be read as if written in the masculine, feminine or neuter, and when the grantor is a corporation, the word "successor" shall be substituted for the words "heirs" and "legal repre- sentatives" at the appropriate place or places. IN WITNESS WHEREOF, the parties of the First Part have caused these presents to be duly executed as of the day and year first above written. President SIGNED, SEA.LED ~. ELIVERED in/~pre~nc~ ~ '. " 2403 ~ ~.~.N\~ CHRIS P. G. NICHOLSON (L.S.) SIGNED, SEALED AND DELIVERED ....;-.,. f ~~ ;:::::.;:' ':::':: :." ;-,< . i,/ /'t~ CNO'rl?~; ~I3~IC, RICHMO~~ ~; : ~\Q~' ; .:" ~ . , ~ C"', {) G~ ~lli. Georgia, state ~t Large ~1 1;,:.:< U fM1top.n;n~~f6nExPlres Aug. 15. 1981' \'0,: '-';, ";:'~.":':':~' ',)-j-' eo . '" I . i 1'\ '. 'l//, I -'" c.. ...l""'~ \ ll'f,t'"Jp..' COUNTY, . d~ n. C?0!V-rI~~ Ifrs ~ j;:2 /?, n V\ ~~ ~~ I\. (L.S.) ELAINE N. PAPAPAVLOU, ALSO KNOWN AS ELAINE N. PAUL SIGNED, SEALED AND DELIVERED in the presence of: ':~~41I if. ~A'; .l!;::::'~;~~~L~. S'....':~""\\ .'.:.... ..:~~ '1"'-,,, '.:.~:",,;' " ,:~,! ..,,:.:,., o~2rr:k~1) ~q~LIC, RICHMOND COUNT, Y, d g ! ,\ f.. Fe y.~ .; ~J- . . / /' ,{t %~.. . ~-t/?m/L. (A \ZS> ~: .Glti~'b1tc>; Georgia State at large '. ;/'rjA c/J.{/ t/[, G; L ."lJ,c~ f'D" ~ \ \ \,. :.,,' B ;alll.. . 1)iJ$slon Expires Aug. 15, 1981 i' IJ1 { L...' ~,.. ~ U4 ,. C',' .., ".. ~ '.', J J I vfjuvc.,., (elf> ~1:.._ " v' ;:.......~ p"" .:l!.... .,._~..", ~........ , , If, ....,,:"1. Srt-r. ~\ ",:" MICHAEL G. PAPAPAVLOU, ALSO KNOWN ~~;(r Al L t\\' '1;,,,,,11I.,.... AS MICHAEL G. PAUL (L. S. ) , ,-, - - ", :~ ,:~', ", ~'- .. . : ',SJ;GNED , SEALED AND DELIVERED in the presence of: '.... ~~. . '" \\"\\I'lIl~I'&'I" ~' .:. \ .'\ t .. " "', ,"' , '."~. ~, ~ ,L .~ '. ..~, Q //~;~......,.. ~"<'~~~~\'i:r:.:<,; . i l \~ 0 r ~~RJ% F:UBLIC, RICHMOND ~ i QOo. .,. ~~~. . , ;'blic,Georgia, State !,It large ~ c.., .. P [I G iOn Expires Aug. 15, 1987 't.;.. \ '". o?.. . f3 L~ '.. ~ -" .~~ " ( \." . () '. . - -" "j...." ~I:", r,. .,i~ ::.~"' i.';" , 4~.. ~,:y oi!i~"'c-..,.!,.ta...r ....~..,.\ ........ ", ~?"/, " .s: (,\T i~ r ~\ ..,,"'.... 'I II"., ~.: d.' f' ~~.. ~- " TRUST COMPANY (FORMERLY THE TRUST A ,...... .. ~~ 70'.~.... .... ;,_' '\ ". .' <' \ ," Y i (1:< ". . '\ \> \ r ,. ". C f.\.,' .. f1" '" co.-.... ... t;. .. ,I \ ,~....~.' II', Ij ,.0 <:' ..,' 'i I ~ '. IJ ,., .......,..... c..../, ft __ . - ..,~ : ..f<::; ";'" Vo ,~.. ".,,\. I ,,; , -:'~"(:;:l, (J'<L.. ,...'" ..z.',. BANK OF AUGUSJItA : N'.A/."i/>:cft'. \':. ~ " f...t.~ cJ "~-~:'_;\". .. t./) FI RS'D-N?>1:;:rq~~~:u~*, !~,f~;~,( ~;~i~~I." j ,.:#1 : OF UGUSTA)\, ~. {~,:"'A,, <7;. .: g;., 1 .. ,._..:~1:?:,'::'-_:-';\.~, ;. #o"A4l ~(J(J" "!" "... "'~~ ," , ..c,' .' ",. J{a .. ,,'b.- - ,., . ~ ~..f' .. j , - 0- ...... " ..... . J"" ......,..... ... .,....... ... .--'" '.""-",'. (/ "'I . <" ;oS "'"" A.. M I ~, , :. r .'" '0:\ {\:: ' . . - .. rr <..'~":'-'-"', \ \ l_\':..."",_~.. ~ COUNTY, By: SIGNED, SEALED AND DELIVERED ~ " #' , . ~ 2404 COUNTY BOARD OF EDUCATION OF RICHMOND COUNTY, GEORGIA By: By: SIGNED, SEALED AND DELIVERED in the presence of: /&:;;2 tJl1~ RICHMOND COUNTY, GEORGIA