HomeMy WebLinkAboutDavis Aggregates Corporation
Augusta Richmond GA
DOCUMENT NAME: dQ\J\S QCjCj'(e~-te~ CO'<\JO'(Q.;-\\CY\
DOCUMENT TYPE:
YEAR: C\
BOX NUMBER: ()l.\
FILE NUMBER: \ ~SC\ \
NUMBER OF PAGES: ~
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REEL 546 PAGE 16jt
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STATE OF GEORGIA
RICHMOND COUNTY
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THIS INDENTURE made and entered into this
f7f.l day of M A1tcH-
, 1994
between
Davis Aggregates Corporation
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 part, for and in consideration of the sum of
ONE DOLLAR ($1.00)
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, situate, lying
and being in the 87th G.M. D., City of Augusta,
Richmond County, Georgia, being in the nature of a
permanent utility easement and being delineated
and more particularly described on a compiled plat
by the City of Augusta Public Works dated July 29,
1993, a copy of which is attached hereto and
incorporated herein by reference.
Also, that strip or parcel of land delineated and
described,ol) said, plat ,as a temporary construction
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easement. The te.mpbrary construction easement
will term~nate upon completion of the project.
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97 jAN 29 PH 4: 38
ctih~~' '('::..-;):;r' f.'i<: L;;':i' i~i~ljl\ T
ORIGINAL REEL RECORDED
REEL 546 PAGE 1631
~'!IP 10: 297778
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 utility
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' eq~jpr:nent connected with the construction and maintenance thereof, over, along and acros~...the"said'-'
,-parcel ot land. ..'
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_ :::Th'e party of the first part, his heirs, legal representatives and assigns, after the completion of' -the
ergject ~hall have the right to use said parcel of land in any manner not inconsistent or interferring with
the rights ,herein granted, excluding however, the right to erect, construct or maintain thereon any buildings or
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permanent Improvements.
...J
REEL 546 PAGE 1632
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 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 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, renovation 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 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 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 r;lOre 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 seal
the day and year first above written.
'~.Signed, Sealed and Delivered
r~ ;- in the presence of:
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NOiA PUBLIC;, RICHi'vl0 COUNTY, GEORGIA
MY COMMISSION EXPIRES FEBRUARY 16, 1998
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" REEL 546 PAGE 1633
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_lIII......
IiQI,[S:
1. TEMPORARY CONSTRUCTION TO BE ABANDONED UPON COMPLETION OF PROJECT
~, THIS PROPERTY DOES NOT LIE IN DESIGNATED FLOOD AREA
3. BOUNDARY LINES FROM LIMITED RESEARCH AND TAX MAP DATA.
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I-BEAMS
SUPPORTS
FOR SIGN
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~ AUTHORITY OF AUGUSTA-RICHMOND
COUNTY PLANNING COMMISSION
--.----
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__ __.........' I
-COMPILED ,MAP
FOR . .-
CITY C.OUNCIL
OF
AUGUST A
SHOWING A TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT UTILITY EASEMENT
TO BE ACQUIRED FROM DAVIS AGGREGATES CORP. PROPERTY LOCATED IN THE CITY OF
AUGUSTA IN THE 87th G.M.D." .
RICHMOND
SCALE: 1"=50'
TAX MAP:47-3 50'
PARCEL NO.:31,9 " .1
COUNTY,
25' 0'
I I
GRAGHIC SCALE
50'
. I
GEORGIA
DATE: 7-29-93
JOB. NO.:89-089C1
DWG. FILE NO. 93009
GAl RICHMOND COUNTY CLERK SUPERIOR COURT
FILED FOR RECORD 29 JAN 1997 AT 04:38PM
I, RECORDED 29 JAt~ 1997
PREPARED BY ~
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DEPARl\lENT
AUGUSTA, GEORGIA
CHARLES T. DILLARD COMMISSIONER OF PUBLIC WORKS
DIRECTOR. OF' ENGINEERING