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Home My WebLink AboutSOUTHERN REGION INDUSTRIAL REALTY INC AS SUCCESSOR TO EMPIRE LAND COMPANY e e RESOLUTION APPROVING AND ACCEPTING AN EASEMENT DEED BETWEEN SOUTHERN REGION INDUSTRIAL REALTY, INC. AND AUGUST A, GEORGIA WHEREAS, the Augusta-Richmond County Commission has been petitioned to approve and accept an Easement Deed between Southern Region Industrial Realty, Inc. and Augusta, Georgia, a copy of which is attached hereto as Exhibit A, whereby Southern Region Industrial Realty, Inc. is granting a railroad crossing to Augusta for the Butler Creek East Interceptor Improvements (Project 60107 & 60108), for which Augusta will pay $17,561.00; and WHEREAS, the Augusta-Richmond County Commission has elected to approve and accept the Easement Deed; WHEREAS, it is appropriate for approval and acceptance of the Easement Deed by the Augusta-Richmond County Commission be shown by execution of said Deed. NOW, THEREFORE, it is hereby resolved as follows: 1. The Augusta-Richmond County Commission does hereby approve the Deed, as shown in the Exhibit. 2. It is further determined that the Mayor of Augusta, Georgia shall execute the Deed. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibit referred to herein. Duly adopted by the Augusta-Richmond county Commission, this 17th day of March 2009. ~ BY: Deke Copenhaver As Its Ml;lyoh.o"... ..- ~,,'--'..'" -., "'\~'" ~.::.~~~', . 'x:' . ATTEST:.'-.. .I "'7:~ 'Jt;J b(~~":~;,' ..r?<~";-'\'" ~~ ,.<:. \l ;Y 'Clerk" '.;,. . ,';;:-:.' .) ". "j ~. ~. \ \<::;:ffdtt}~.~~ 1 g ;1 v.., ~ ~ q..\<.;;<..~,...>,~~;: ,/ ~l ~-@_, E:-'T. (~i,j ;4:1 ~.\ "WJ 1?;~ _ VJ1b ;;-" '. ~t\ ~'$~~eOI)Oq..,,~4io~tJ .:if"" ,~ '"' ..iIfi1'!" (SEAJ':,:., ' GE.'GRG\~~-- ~~....."....~.........~.;:.; ." ,,~., I . Book 01212:1945 Augusta - Richmond County 2009012189 04/08/2009 11 :42:34.00 $0.00 EASEMENT 1111111 11111 1111I111111111I111111111111111 111111111111111111 2009012189 Augusta - Ri hmond County After recording, return to Augusta Utilities Department Attn: Land Acquisition 360 Bay Street, Suite 180 Augusta, GA 30901 (706) 312 4143 STATE OF GEORGIA COUNTY OF RICHMOND DEED OF EASEMENT THIS INDENTURE, made and entered into this II ~ay of 2009, by and between Southern Region Industrial Realty, Inc., as successor to E pire Land Company, a corporation organized and existing under the laws of the State of Georgia, whose mailing address is Three Commercial Place, Norfolk, VIrginia 23510, Grantor, and Augusta, Georgia, a Political Subdivision of the State of Georgia, Grantee: 'WITNESSETH: That the said Grantor, for and in consideration of the sum of Seventeen Thousand Five Hundred Sixty One Dollars and no cents ($17,561.00), and other valuable considbration, paid by Grantee to Grantor, the receipt whereof is hereby acknowledged, does by these presents, GRANT unt~ Grantee, a non-exclusive permanent utility, maintenance and access easement, of varying widths, in perpbtuity, or right of way, for the construction, operation, maintenance and removal of a 48" sanitary sewer maiJ pipe, in under and across the land I as hereinafter described, being situated at or near Augusta, Richmond County, Georgia, to wit: PERMANENT EASEMENT: All that strip, piece or parcel ofland situate, lying and being in Richmond COunty, Georgia, and being more particularly described as follows: I First portion of permanent easement: Beginning at the southeastern right-of-waY] of Marvin Griffin Road, where it intersects with the western right-of-way of Doug Barnard Parkway (SR 56 Loop), land traveling 491.30 feet southeast along the Western right-of-way of Doug Barnard Parkway to the Point Of Beginning; thence traveling S 35043'50" E for a distance of 98.04 feet to a point; thence turning and traveling S 54016'10" VI{ for a distance of 30.00 feet to a point; thence turning and traveling S 35043'50" E for a distance of 588.41 feet to a point; thence turning and traveling . , , " Book 01212:1946 Augusta - Richmond County 2009012189 04/08/2009 11 :42:34.00 S 35029'53" E for a distance of 240.54 feet to a point; thence turning and traveling S 35014'40" E for a distance of 224.81 feet to a point; thence turning and traveling S 37028'39" E for a distance of 101.71 feet to a point; then turning and traveling S 37028'39" E for a distance of 86.75 feet to a point; thence turning and traveling S 65036'24" W for a distance of 41.71 feet to a point; thence turning and traveling N 16019'40" W for a distance of 84.89 feet to a point; thence turning and traveling N 37028'39" W for a distance of 99.84 feet to a point; thence turning and traveling N 35014'40" W for a distance of 225.20 feet to a point; thence turning and traveling N 35029'53" W for a distance of 240.45 feet to a point; thence turning and traveling N 35043'50" W for a distance of 685.64 feet to a point; thence turning and traveling N 53010' 11" E for a distance of 40.01 feet back to the point of beginning. Second portion of permanent easement: Beginning at the southeastern right-of-way of Marvin Griffin Road, where it intersects with the western right-of-way of Doug Barnard Parkway (SR 56 Loop), and traveling 491.30 feet southeast along the Western right-of-way of Doug Barnard Parkway to a point; thence traveling S 35043'50" E for a distance of 98.04 feet to a point; thence turning and traveling S 54016'10" W for a distance of 30.00 feet to a point; thence turning and traveling S 35043'50" E for a distance of 588.41 feet to a point; thence turning and traveling S 35029'53" E for a distance of 240.54 feet to a point; thence turning and traveling S 35014'40" E for a distance of 224.81 feet to a point; thence turning and traveling S 37028'39" E for a distance of 101.71 feet to a point; then turning and traveling S 37028'39" E for a distance of 86.75 feet to a point; thence turning and traveling S 37028'39" E for a distance of 10 feet, more or less, to the Point Of Beginning; thence turning and traveling S 37028'39" E for a distance of 30.72 feet to a point; thence turning and traveling S 30051 '20" E for a distance of 15.13 feet to a point; thence turning and traveling S 66007'24" W for a distance of 549.38 feet to a point; thence turning and traveling S 65041 '33" W for a distance of 499.84 feet to a point; thence turning and traveling S 64016'53" W for a distance of 267.39 feet to a point; thence turning and traveling N 27000'38" W for a distance of 33.40 feet to a point; thence turning and traveling N 64002'58" E for a distance of 285.71 feet to a point; thence turning and traveling N 65040'30" E for a distance of 392.63 feet to a point; thence turning and traveling N 64054'43" E for a distance of 393.96 feet to a point; thence turning and traveling N 65036'24" E for a distance of 237.22 feet back to the point of beginning. Said permanent easements contain 66,915 square feet (1.54 Acres) as substantially shown on a plat prepared by W.R. Toole Engineers, Inc., consisting of sheet numbers 1 ,2,3,4,and 5, dated August 27,2007, a copy of which is attached hereto and by reference incorporated herewith. Also included is a temporary construction easement, as shown on said plat, consisting of 55,710 square feet (1.28 Acres). Said easement is granted together with the right to dig such trenches in said parcel of land 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 parcel of land. Said temporary easement shall expire at the completion and final acceptance of the Project by Augusta. SUBJECT, however, to such easements and restrictions as may appear of record or as may be apparent from an examination of the premises. RESERVING, further, unto Grantor, its affiliates, subsidiaries, parent corporations, successors, assigns, licensees and/or lessees the right to install, construct, locate, maintain, repair and renew any fiber optic communications lines and associated structures and facilities related thereto across, under or over said easement area and to maintain, repair, renew and operate the same as in the judgment of Grantor, its affiliates, subsidiaries, parent corporations, successors, assigns, licensees and/or lessees may be requisite. TO HAVE AND TO HOLD the above described easement unto Grantee, its successors and assigns, so long as it or they may require the same for the purposes granted; PROVIDED, however, that this conveyance is , , Book 01212:1947 Augusta - Richmond County 2009012189 04/08/2009 11 :42:34.00 made by Grantor upon the following conditions: 1. Grantor shall not be required to assume any expense in connection with or incident to any construction, maintenance, use or repair of any facilities located within said easement area and shall be exempt from any and all charges, costs or assessments of any kind or character on account of the construction, maintenance, use or repair of any facilities located within said easement area under and across the aforesaid parcel ofland or adjacent property of Grantor. 2. If, at any time, the easement herein granted or any part thereof, shall no longer be used or required by Grantee, its successors or assigns, for the purposes which granted, the same shall tenninate and Grantee, its successors or assigns, shall execute such instruments as now provided or as may be hereinafter provided by law to clear title to the aforesaid property. 3. Upon termination of the easement for any reason, Grantee shall properly fill in the pipes so that proper support for Grantor's facilities is maintained. 4. Grantor's Division Engineer at Atlanta, Georgia, shall be given at least seventy-two (72) hours' advance notice before entry upon the property. The Division Engineer is Mr. L. G. Bobbitt, Jr., whose telephone number is (404) 529-1387. 5. No drainage conditions shall be created or allowed to exist which would be adverse to Grantor's property. 6. Grantee will construct and maintain the pipelines, at its expense, in such a manner as will not interfere with the operations of Grantor or endanger persons or property of Grantor, and in accordance with (a) plans and specifications prescribed by Grantor, (b) applicable governmental regulations or laws, and (c) applicable specifications adopted by the American Railway Engineering Association when not in conflict with plans, specifications or regulations mentioned in (a) and (b) above. 7. Grantee will notifY Grantor prior to the installation and placing in service of cathodic protection in order that tests may be conducted on Grantor's signal, communications and other electronic systems for possible interference. If the pipelines cause degradation of the signal, communications or other electronic facilities of Grantor, Grantee, at its expense, will relocate the cathodic protection and/or modifY the Facilities to the satisfaction of Grantor so as to eliminate such degradation. Such modifications may include, without limiting the generality of the foregoing, providing additional shielding, reactances or other corrective measures deemed necessary by Grantor. This provision applies to the existing signal, communications and electronic equipment of Grantor and to any signal, communications or electronic equipment which Grantor may install in the future. 8. If Grantee fails to take any corrective measures requested by Grantor in a timely manner or if an emergency situation is presented which, in the Grantor's judgment, requires immediate repairs to the facilities, Grantor, at Grantee's expense, may undertake such corrective measures or repairs as it deems necessary or desirable. 9. It is further agreed between the parties that the premises shall be used by Grantee only for the pipelines and for no other purpose without the written pennission of the chief engineering office of Grantor. IN WITNESS WHEREOF, the said Grantor, have caused these presents to be signed by its Real Estate .' Book 01212: 1948 Augusta - Richmond County 2009012189 04/08/2009 11 :42:34.00 Manager and its corporate seal attested by its Assistant Corporate Secretary, to be hereunto affixed the day and year first above written. Signed, sealed and delivered In the presence of: zg~ e;ft~ Witness SOUTHERN REGION INDUSTRIAL REALTY, INe. 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