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HomeMy WebLinkAboutGeorgia Pacific Corporation (2) Augusta Richmond GA DOCUMENTNAME: ~'(~,o.. \)(x.Jn(" COX-\D'(O:;t:\eo DOCUMENT TYPE: YEAR: q ~ BOX NUMBER: C}-.\ FILE NUMBER: \ &SC\i NUMBER OF PAGES: 6 .;" -;- '\ . .~ . .. .' ~ ," REEL 546 PAGE 1634 STATE OF GEORGIA RICHMOND COUNTY } V(OOr'Jfl. 70 I !fl.P" .#0 II" I C I plfI.- THIS INDENTURE made and entered into this ?~ day of rJ1 a..n:=L ,1994 between Georgia Pacific 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 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 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, all that strip or parcel of land delineated and \!~'~'~~ti?ibe.d. "oni:, "s'~'i~ ' plat ;'" const'r~ction easement.. The temporary construction as a temporary easemeht';~wlll .' termina te . r', ~\, :.' upon completion of the proj ect.i: >. :' l,:. [.L_ ,!'.... , 97 JI'N 29 Pr'l 4: 38 ELf-dt'lC c. ~jUI~,l~:~;ON. Cl.ERK 0;:- S'jf>f:.i"(IOH COUH r ORIGINAL REEL RECORDED REEL 546 PAGE 1634 WIP 1[1: 297779 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 !J1::.sai~'~8'r~'el":'!!/;'", ." if -. of land as may be necessary for the project; to pile thereon the material excavated, and to haul pipe, ~p,p,ILE)~ -.;J': and equipment connected with the construction and maintenance thereof, over, along and across"-{tn"rsald./ -;;:. parcel of land. /, ".,;. ~: ~ '~,: -:. .:,.., . y .:!..--- The party ,of t~U~!1.. h.is he@,~Jgg~Qresent(lllveS and asslgns,_afl~the cQ!Dpieii(~n ,?f _ lhe_-\ )" project shal!have the right to use- said parcel of I~lnd in any manner not Inconsistent or interferrrny'with the rights herein granted, excluding however, the right to erect, construct or maintain thereon any buildings or permanent improvements. ~-. -,....~~ ".- .',...,. , ' .. .~ : ~l~l"';~::'~' -' :.,,~:!~. .. " \ ~.;, . , "..." .,., REEL 546 PAGE 1635 As a part of the consideration for said conveyance thf:J party ot"'the second part convenants as follows: ". (a) To cause the top of the pipelines 10 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, . i' 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 repesentalives 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 ..;,":',( td- r. I;' I" . ~=,.<~~,.'_:<:":'~:-' '. .c; r.o' , , ~ - > ri',' i', ,-"'. ~ ..~ __" 1 ' -c ~ ' part has set his hand and seal the day and year first above written. ~~~ rporate of: icer -"=&;')j Vu"p ~,~..- ~lAttA\.~ ~~itle " SL'~fA,lu- co~ate Officer ~~~ Title ~V\ ~ ( L. S. ) -"",,,.- I" ~ .:. ,,', /~ IJ ,? t33igneg: Sealed and Delivered "-:"" .:,,; ..-.," in the presence of: ':5t:i1~~ mA~~61f,hf) , N6!aJy Pubnc. Fulton County, Georgia My CommlNlon Explrell ~pt. 11,1998 (L. S.) NOTES: .' , ~. r- . III .. RE6L 546,PAGE 1636 1. REFERANCE PLAT BY CRANSTON, ROBERTSON, & WHITEHURST DATED OCT. 19, 1993, REV. MAY 14, 1993 2. PLAT COMPILED fROM ABOVE REfERANCE PLAT 3. TEMPORARY CONSTRUCTION TO BE ABANDONED UPON COMPLETION Of PROJECT 4. THIS PROPERTY DOES NOT LIE IN DESIGNATED fLOOD AREA .~ \..0 ~-i>1fi 1'" (01' \ t..-,(' "~o~ "4 ..0 ~e/, I<fe eO-i>..o ",'b"" o<.!-~., . ~~ct - "ol'", \ t..-,(' "~o~ (;'4 ..0 ""e/, I<fe c. o-i>,.o ~ ""SA ;.y",,( "A '';if>~ "/~" (01' \ G' o I" Q' o " f I ?t/ .9~ I" O,r FOR CITY COMPILED MAP COUNCIL .9 O,('".? 1'.:(- "I;., '>-0 (Or. -i> 'r ........../-f S~ (~ (' OF AUGUSTA K> SHOWIl'lG A TEMPORARYCONSTRUCTIG/'J- [ASEMENT-;A;iGD -rcPER1.1ANEi'iT-UTIi::iTT-EASEivft:i'fr----- . TO BE ACQUIRED FROM GEORGIA PACIFIC CORP. PROPERlY LOCATED IN THE CllY OF AUGUSTA IN THE 87th G.M.D. RICHMOND SCALE: 1" =50' TAX MAP:60-1 PARCEL NO.: 50' I 25' , GRAGHIC 0' , 50' ~~ GEORGIA DATE: 7-29-93 JOB NO.:89-089C1 DWG. FILE NO.: 93008 {'rA {~ ?~N 29 if (/ , . , COUNTY. SCALE PREPARED BY DEPARTMENT OF PUBLIC WORKS sv AUTHORI OF AUGUSTA-RICHMONO COUNTY PLANNING COMMISSION ENGINEERING DEPART14ENT AUGUSTA, GEORGIA CHARLES T. DILLARD COMMISSIONER OF PUBLI~,'WGRIfl(SND COUt-H'r' CLERJ::: :3UPEr~IOR COUPT D IRE CT 0 R 0 FEN GIN E E R I ~ l}ED FO": RECOf<:D :29 .JA~'{ 1997 AT 04: 3f:F'ti j;;'F=',.~np.nFn ?9-..JB.tL j y':q .___ _.___.._.1