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Home My WebLink AboutA SCOTT CARSWELL INDENTURE Augusta Richmond GA DOCUMENT NAME: 0 ry ~jl'nccfl't1j Depar/mouJ- DOCUMENT TYPE: YEAR: /iJ95 BOX NUM~ER/ () FILE NUMBER /l./93 1 '1 NUMBER OF PAGES: I , ! ';" .. ~ '~ REEL 506 PAGE 5i;" . ''i-. ~ '- ""' ! /, \ STATE OF GEORGIA RICHMOND COUNTY } ,City Engineering Department , : Municipal Building - Room 701 , 530 Greene Street . , Augusta, GA ~091l " , f:f,,~._.,'f THIS INDENTURE made and entered into this 15l-!>. day of .jVAl'l7 ,19 i5 , between A. Scott Carswell hereinafter referred to as the party of the first part, and THE CITY COUNCIL OF AUGUSTA" a municipal corporation .vnder .the Jaws_ 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 ONE ($1.00) DOLLAR in hand well and truly paid by the party of the second part at and before the' sealing and delivery o,f these presents, the receipt whereof is hereby, acknowledged, and other valuable consideration, has granted, bar- gained, sold, conveyed and confirmed, and by these presents does grant, bargain, sell, convey and confirm . unto the party of the second part, its successors and assigns, an easement in perpetuity under, across and through the following' described' property, sometimes hereinafter referred to as the "parcel of land," to-wit: All that strip or parcel of land, situaie, lying and being a portion of Lot 21 of Block "F" of Vineland Subdivision in the 89th G.M.D., Richmond County, Georgia, being in the nature of a permanent utility easement and being delineated and more particularly described on a plat by Franklin A. Toole, R.L.S., dated August 23, 1988, a copy of which is attached hereto and by reference incorpoiate herein. Also, all that strip or parcel of land delineated anQ _.. des.cribed :.on, ~said ...p-la.t . ,as. a. t~ll}gQ..!'!3.ry-o, construction easement. The temporary construction will terminate upon completion of project. " '=JL-:': ~~3. '-._U ~~~~ ......../-,..... ;~::~: N ..::t :c 0- 'I- zC:: og (nU Zcx:: 'Ia 02 JW .c_ u::;) V'l wLl.. Zo ~~ -15 w~ u ORIGINAL REEL RECORDED REEL 506 PAGE 525 ~HP 10: 246173 r-- N ~ .:~~~ g .,."r_ :i:Jil.. Ln 0"'\ J 1.1)L":1 ..:-....J ~.) Said easement being in the nature of a right-of-way for the purpose of laying, relaying, installing, ex- tending, operating, repairing and maintaining pipelines transporting and carrying uti lit Y services , the same hereinafter being referred to as the "project;" Together with the right, when construction or maintenance is necessary, to dig such trenches in said parcel ~ . - of-land~as~may.:be,:,necessar.y_Jor-the~projecti-=to=.R.i!.e=therepn Jbe,materLa! excavated, andt.o, ~aul pipe, supplies and equipment connected with the construction and maintenance -rr;reorove;:~ aloh~f=ana~ acrOss'" the saia~' parcel of land. The party of the first part, his heirs, legal representatives and assigns, after tqe~f-qmR!~!ign. of the project shall have the right to use said parcel of land in any manner not inconsi~J~pC~'9r..rnterferfing ~ith the rights h~rein granted, excluding however, the right to erect, construct or maintain Jherep~Q. ~DY. b,!Ji\9ings or permanent Improvements. ' ~ _ ~ 5. o' :.~v/ -..;: ~7't,...~ 1.__ ~v 'ti", . ~_.~..;" ;~::~"'''9>':.P_,"''. ~;) - ~~ CIty :Att()[llCY, _/----.. Date: /O/>-(r/Q1: ". -:- ~ ~#. ~. :t ,..:;' ,. REEL 506- PAGE'526 ~,. Asa part of the consideration for said conveyance the party of the second p~rt,coQ.v~n~nts' as follows: (a) To cause the top of the pipelines to be laid a sufficient depth below the surface of the ground ~o a's to permit the use of the surface thereof by the party of the' first part fo.r normal agricultu'ral purposes; "however in the case of ravines, streams or low places on said parcel'of land, the party of the second part may install the project above the ground, provided that the pipelines shall be laid and maintained so as not to interfere with the natural flow af the surface water or any streams thereon; (b) To refill the trenches it shall dig in connection with the project so as to leave the land available and ready for ordinary purposes of agriculture and upon any future extension or laying of line or lines, re- pairs, renovation or alteration, to leave the land in like condition; ',_;~~_ -,-__:- ""'"~ - .::..:::::~_ _ :",~~~_-'---~~~-~..::..--_:~- -.-_--~---=~-::==.. o~_':.--' ..,.~_=-:-, -=""~--'=--."__. -~~~-~-~.e--~~-=~ _'"'~-"~--~-'""":"_ (c) To exercise the right of extending, making repairs to and maintaining said project 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; (d) To give reasonable notice to the party of the first part of its intention to enter upon said parcel of land in the exercise of the rights' herein conferred except in cases of emergency. -,.;.-~-:::==--- ~-.~=-~ ---:.~- -.~- - .. -.~~~- ".;--:--- - ~~-~~ - ---- ~~~ -~-.~-,.~ _' TO. HAV~ 'j\ND TO HOLD the aforesaid rights, ways, easements, privileges and appurtenances unto the said' party oFttiesecond part, its successors and assigns, in perpetuity. And the said party of the first part, his heirs and legal repesentatives shall and will forever warrant and defend unto the party of the second part, his successors and assigns, the rights, ways, easements, pri- vileges and appurtences conveyed herein, against the claim or claims of any person or persons whomsoever. Whenever there shall be more than one grantor the phrase "party of the first part" and all related pronouns, relative 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 party of the first part has set.hisnhand and seal th~~ay--.:nd year !}rst.~~~~~!!.te~. ..,. dio~~(LS) A.'. COTT CARSWELL / STATE OF GEORGIA' } RICHMOND COUNTY THIS INDENTURE made and entered into this day of. , 19 ' between A. Scott Carswell, hereinafter referred to as the party of the first part, and THE CITY COUNCIL OF AUGUSTA, a municipal corporation under the laws of Georgia, hereinafter referred to as the party of the second part; WITNESSETH, that the said party of the first parl, for and in consideration of the sum of ONE ($1.00) DOLLAR in hand well and truly paid by the party of the second part at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, and other valuable consideration, has granted, bar- gained, sold, conveyed and confirmed, and by these presents does grant, bargain, sell, convey and confirm unto the party of the second part, its successors and assigns, an easement in perpetuity under, across and through the following described property, sometimes hereinafter referred to as the "parcel of land," to-wit: .""" ',. All that strip or parcel of land, situate, lying and being a portion of Lot 21 of Block "F" of Vine land Subdivision in the 89th G.M.D., Richmond County, Georgia, being in the nature of a permanent utility easement and being delineated and more particularly described on a plat by Franklin A. Toole, R.L.S., dated August 23, 1988, a copy of which is attached hereto and by reference incorporate herein. Also, all that strip or parcel of land delineated and described on said plat as a temporary o-.~=- -,~----~-~~ - .~-.-~-.e'o'n.s~t-:-Fl.:i-e-t-j~0.n~e'a.s.eme'n"Ct~~-- ----- ~!~.e~1:-e~.p.o-r.a~~f~c0~~.t:~dC~iGn . will terminate upon completion of project. 0~ . ,- ~.-' Said easement being in the nature of a right-of-way for the purpose of laying, relaying, installing, ex- tending, operating, repairing and maintaining pipelines transporting and carrying u t il i ty services , the same hereinafter being referred to as the "project;" 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 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. 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 of land in any manner not inconsistent or interterring with the rights herein granted, excluding however, 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 convenants as follows: (a) To cause the top of the pipelines to be laid a sufficient depth below the surface of the ground so as 10 permit the use of the surface thereof by the parly of the first parI for normal agricultural purposes; however in the case of ravines, streams or low places on said parcel of land, the party of the second part may install the project 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 the project so as to leave the land available and ready for ordinary purposes of agriculture and upon any future extension or laying of line or lines, re- pairs, renovalion or alteration, to leave the land in like condition; (c) To exercise the right of extending, making repairs to and maintaining said project 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; (d) To give reasonable notice to the party of the first part of its intention to enter upon said parcel of land in the exercise of the rights herein conferred excepl in cases of emergency. .~ Of - -"t'-... , ~ TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges and appurtenances unto~tne said party of the second part, its successors and assigns, in perpetuity. And the said party of the first part, his heirs and legal repesentatives shall and will forever warrant and defend unto the party of the second part, his successors and assigns, the rights, ways, easements, pri- vileges and appurtences conveyed herein, against the claim or claims of any person or persons whomsoever. Whenever there shall be more than one grantor the phrase "party of the first part" and all related pronouns, relative 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 party of the first part has set. his hand and s.eal the day and year first above written. Signed, Sealed and Delivered in the presence of: WITNESS (L. S.) A. SCOTT CARSWELL Notary Public, Richmond County, Georgia -./,. . . ; <::; ....- " '\. '1' '! !.~ =,~.,-, "''''''- " -'" " '""- " " "'-" '- " fY) ..,.. - Q, 0 fKj\ . _____ ; ~ W /. WILLiAM ---------...g JOSEPH _~ N5~054'25"E COLLINS @ iw, 173.5"" /. ~ ~..,... ~ ~ "Co ""o@;N/F ~ 0"'" g c:v 4NN/E' 8. ~ i "- Seo VGNoN -- rr C41? N 5403a' 'SWeL ~ 02" '- - E fO)\-~ - 173.27' '2Jo~ g cgy N/j --$ ; 12 CV S A 'F LtLL/4N ~-- . '4RDUE' . ~ N 5405/' I, ~ C ~ 31 E " @tk:@ ..,.. 0> Q? Q) /'I) CD ~~ -- :::u F11 F!l UJ (S) .,... ." :r> C"I F11 UJ ~ ~ .... : '/, VICtORIA SANDER' /. ~. r7 CC ~ R ~- ~ ~ ~ C0~ I\. ~_ Co &@ [> o' ,g:> ~ "- " ~... ~ - '/. SEc OF RETARY H.U D . . . / N5~056' . oa"E REFERENCES : 1. LOT 17, REALTY REEL 142, PAGE 728 2. LOT 18, REALTY REEL 244, PAGE 399 3. wr 19, 4. LOT 20, DEED BOOK 25 E, PAGE 459 5. LOT 21, REALTY REEL 140, PAGE 1490 6. LOT 22, REALTY REEL 211, PAGE 402 7. LOT 23, REALTY REEL 217, PAGE 1512 @b ...,.. ..,.. 0"'" ~ rt:::\ -----~ tn. ~ e" /. ETHEL J S. ENk I Ns /. 5' PERM. SAN. SEWER ESM'T NOTES : 1. INFUIMATION SHam IS CDMPlLED FRO'1 REFERENCED DEED DATA AND ONLY LIMITED FIELD WORK HAS BErn AC- CU1PLISHED AT THIS TIME. 2. THE SANITARY Sfl'JER EASEMENl' IS p.s SHOWN ON THE PLAT. 3. sa-1E LINES ARE CU1PUrED FRQ\t REFERENCED PLATS. NO OOUNDARY FIELD WORK HAS BEEN Acx::Do1PLISHED AT THIS TIME. S 42048' 01" W 179.38' CITY OF AUGUSTA RAW WATER MAIfJ/,_B/_W.4'A APPROVED ~ CaMPI LED EASEMENT PLAT - FOR - LEGEND . EX I STING MANHOLE o PROPOSED MANHOLE ~ ~ -- -,;0;.- ;:0.." C"I F11 _ :r> nr "- om :::u 0 :::u o - -gJ-;.g -~---' :::0::::: I\) 0 - --..j,;::o-z F110 0("") no n -i:::O 0 oc: ..... Z '..0 N -i :::5; -'J -<: 0("") ("")r -i~ .....^ ~ (l) UJ, c: ." :E>F11 -i:::O - /SIO ~:::u N r.-, ..... 0 '-l\ ~ ()' C!_TY COU .elL OF AUGUSTA ,..,.........,.........., .~-- -~ ~ ~ lI\ ~. -...l I ~ L 0 CAT [ 0 I N V I r4 [ L A-N-e-s lj13ijiYt'SiVN----TN 11'1'['" 8~n Ii (, M U RICHMOND COUNTY ~ GEORGIA 1i 50 25 w.;r SCALE o 50 ~.~~ IN FE E T AUGUST 23 I 1988 REV. 3/22/95 (OWNERS) -Prepared By- !;.;. w. R. Toole Engineers J IflJ(C 0 " 349 GREENE ST. - 722- 4114 AUG UST A I GA. R. L. H. "'. \' t"'ll -....,.. ,,:,> --]'..6:"1>',Jh. ;- '. 1iJ-",'~ -i JOB No. 88012 f::J. (C ------- ~ "- ~ ~ ~ ~ NOTES: . 1. INFOIMATION SHavN IS CXlo1PlLED FRavt R.EFERENCED DEED DATA AND ONLY LIMITED FIEW ~RK HAS BEEN AC- CU1PLISHED AT THIS TIME. 2. THE SANITARY SEWER EASEMENT IS AS SJIaVN ON THE PIAT. 3. S01E LINES ARE <XJ.1PUI'ED FROM R.EFERENCED PIA'I'S. NO OOUNDARY FlEW WORK HAS BEEN ACCXMPLISHED AT THIS TIME. ? ,..,;,:( rt) "f' . ----- f J@ ~-~ - /. WILLlA . JOSEPH M _~ N 54054' 25"" COL Li N S /. ~ @i 8~..N/r 4M 173.54' ________ ~ ~ [2' C\J WIt' 816M ________ ~ SCOTT ON -. . CA}? N 54038' 'SWeL ~ 02" '- . E to)\.~ . 173.27' ~o: g cgy N/F . ~ ! ~. s: A LILLIAN . c;------. '4RDUE . N 54051' /:' 3/"E o ~ " @t ~ @ ;. a) ~ Q:) rt) <0 ~~ ..... /. VICIORIA SANDER' N 54(;5 ' /. 6 56" E 6)~ I\. g,. . it, 8@ :J> o' <0 ~ (\.. '" '/. SEe OF RETARY H.U D . . . /. @~ _<it' "f' o"f' ~ I'i\:\ -----~ ~ ~ 8" /. ETHEL J S. ENk I Ns /. 5' PERM. SAN. SEWER ESM'T S42048'Ol" W 179.38' ~'" " f:'l' ", .... J:>! n.'" ~ i ~a~' 1'11"('") oo:z: '" ....,.. r,) is ....."'::2: 1'110 o ('") r:-;.or:-;. ...., ;::0 0 oc: .... :z: '..0 1\) -I '.J.) -'J -< IJI . .;:) ('") r:-;. r- -HT'I ;::0 .... ^ I.J:, 1..0 .:r. IJ/d J:>;:g -1;::0 .... c:;. c;, ~'" 1\)(1 ........=r "1J'= ,::::: '" ," -I CITY OF AUGUSTA . RAW WATER MAIN R~ ~PROVED~ ~ It~~ .Dat r;< , COMPI LED EASEMENT PLAT - FOR - '\ .' i'llf ~ n : \.J..I.\t.;. .-: r; r'\ ~ 1 ;., ()\ \ H 1 C L [H ~\~_ ~~~r:.:~.~\~.~~~~ GR.G "', ! : t t-:} ; l~ \\ i \ L '-'.... i . , 95 Gel 27 PM 4: 2 , All".... C JOHNSON Ef\\K OFSUPERIOR COUln CL - " AI m rn ,r (,1'\ 1St 0', ." :r.> C1 m IJI . r,) I 0) ____..-- _ 0 FILED I~ PLAT CABINET~ SLIDE 0 PLAT 6 ~ ~ "- : r7- REFERENCES : 1. LOT 17, 2, LOT 18, 3. wr 19, 4. LOT 20, 5. LOT 21, 6. LOT 22, 7. LOT 23, REALTY REEL 142, PAGE 728 REALTY REEL 244, PAGE 399 DEED J3CX)K 25 E, Pl>CE 459 REALTY REEL 140, PAGE 1490 REALTY REEL 211, PAGE 402 REALTY REEL 217, PAGE 1512 LEGEND . . EXISTING MANHOLE o PROPOSED MANHOLE ~"'- "...-. ~... 1 AI . fT\ . m r- I ,_1'\ ,-r.:-, , -,))- ." r, c-, m 1..1'\ r'o') ,l 1..0 , CITY .COUNCIL OF A GUSTA,_ .'------, ----- - - -- --' - - ~ -..._.- .~,--,----,- .- .~ LOCATED IN RICHMOND VINELAND SUB DIV IStuN IN THE COUNTY 11 50 25 ~ SCALE o ~- ..- 50 J AUGUST 23 I 1988 REV. 3/22/95 (OWNERS) ~,- I " ! .. IN FE ET - Prepared 8y- w. R. Toole Engineers, Inc._ G R E E NE ST. - 722 - 41 I 4 349 { --1 89lh G. M, D. GEORGIA AUGUSTA, GA. R. L. H. ..,. :R _-:.----(' JOB No. 88012 2/AI.e t> 1, " ,. , ii i ,- . i~ I -.----.----- .... '~ ....,."'v I .- ...-- ~ ~ J " " '" ~. " " -',> '. " I., " \. -. -c. " ~ ,,- ~ i. \ ,