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Home My WebLink AboutGeorgia Roger Fowler Augusta Richmond GA DOCUMENT NAME: GLO~iCl ~r ~kv DOCUMENT TYPE: YEAR: } 90, (p BOX NUMBER: I FILE NUMBER: J:llf q 3 NUMBER OF PAGES: ~3 ;- :; ,. REEL 518 PAGE 647 S1 ATE OF GEORGIA RICHMOND COUNTY } THIS. INDENTURE made and entered into this 13.l:!1 day of F t ~ ~ V lr ~ '1 , 19 ~ 6 , between GEORGIA ROGERS FOWLER hereinafter RICHMOND COUNTY a political subdivision rD referred to as the party of the first part, and ~~/.e~..oi'}AltUGtOSW,hY/llCrU1irlt'~I'~~ . 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 ($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 in the 88th G.M.D., Richmond. County, Georgia, being in the nature of a permanent utility easement and being delineated and more particularly described as the shaded area on a plat by Charles T. Dillard, Commissioner of Public Works and Director of Engineering, dated May 2, 1995, a copy of which is attached hereto and by ref~rence incorporated herein. ALSO, all that strip or parcel of land delineated and described on said plat as a temporary con- struction easement. The temporary construction easementd will terminate upon completion of ~he pro jedf(.,"'; I ,0.' jt . ''*. ,\ ~\;ir;~ ~~;fJ;il~=:: ;i!F : Q~ MAR 20 AM \I: 5 , ORIGINAL REEL RECORDED REEL 518 PAGE 647 WIP IO: 2599138 El/-\\NE C. JOH~lSm~ CLERr. Of S'JPEH!Oi< COUHT 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 utili 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 interferring with the rights herein granted, excluding however, the right to erect, construct or maintain th~reon 'any_.g.~!ldings or permanent improvements. ' .' ~ .', '-', ./ /.~. . -r-' '. -/". . ......... .,-." I ..".:..: _ /' It -... ~ .-< ..-~.. _ . V"\, -~ : ...... /. "- ... REEL 518 PAGE 648 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 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 her hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of: 1.I/lufl.t l.d~ ~. wtTNES~ \1 , il 0;" ,~ .{" .......'~~':.:) .... ". ~I 1/. ''''.. _-' 'n"~" 'n. ". ~ . "- ". , ", -..,. . , '<l'" . . ::.. "1 ' -:l , , .-"< N~tarj ~Iic, . .... .'. .;COUf!ty, Georgia :: .-"): "".<:CJei:;Uij8lA ::. ," " ...,' ". ~ ;.. ," ':. ~ N~riPu6!I~J.~qlu",1lta Coun!y,,~~rgIa My" ~mlssl5h 1:xpir8&\l.ul"!El 21,~1~98 , ' , . ",.0' , "'". 14" ~ i-."~ ~. ../ ',' '., I '1"'1'~_~~"~;"""'-:'" <{:. ... REEL 518 PAGE 649 ENG. co., DATED AUG. 18, 1953 " NOTES: 1. REFERENCE PLAT FOR D.G. WOODWARD BY BALDWIN AND RECORDED IN REALTY BOOK 11- W, PG. 114. 2. PLA T COMPILED FROM ABOVE REFERENCE PLAT. s; r. Nit ROGERS r. 100' (f) w a:::: <( > ----------- \ % GEORGIA R. FOWLER % (LOTS 40 & ear 5; "-. a:::: w u <( a:::: a:::: w ..., r- .... ...= ~ -.J -.J - I O. Z a:::: 0... if) -- - -- 0 ~ o ll') "Nit McGAHEE ~ ...... lAo1t.E'1' ,.. "/. Nlf \) i>.~ ~V-~ I'll of ~'il-~<;)) ...... ...... ... ",0/- y.~p.. _____ 'l.\1~-< f\t.\"o ...... ....-:: ~o\ ...... ~ \.:\\t. _____ -- -- ~ '-l~' 0~~~Q , ~/~ ..... ~O <;:'1. \. \.- y.t.~\ tp.S~ C,\\Ol:l '0 '( COl:lSI'r-'U ~ O'il-p..'?- 1'f,\A" ...... ...... ----- ...... .... ......~ ------ \ \ "6" \ "A" . COMPILED MAP FOR CITY COUNCIL OF AUGUSTA I "$e4" . SHOWlNG A PERMANENT UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION !t\PFROVED &UBIII~ EASEMENT TO BE ACQUIRED FROM GEORGIA ROGERS FOWLER. PROPERTY Dat LOCATED INTHE CITY OF AUGUSTA IN THE 88th C.M.D. - RICHMOND COUNTY, GEORGIA SCALE: 1"=30' TAX MAP: 44-4 PARCEL: 311.1 30' L 15' O' 30' -= _6-_. .....~~~~ --J GRAPHIC SCAlE IN FEET B.Y AUTH fTY OF '--' .COUNT'( PLANNI~GUGUSTA-RIC MONO . 90MMISSJON . DA TE: MAY 2, i 995 . f '~~ .,,' ~. JOB NO: 89-089(K) ,y_", DWG.FILE NO.: 95026 ....; ,~r;/ ._/" __c.., i l ,~ . PREPARED BY: DEPARTMENT OF PUBLIC WORKS .... . .. . ~:;- ~l" .; .a.;'r f;."i ~ -: .- ENGINEERING DEPARThlENT AUGUSTA. GA. <7...;;7 ". - ER' I JR - - UfRT GA J R I CHt10HD COlltH\' CLEI?-K" ::iUP, " '- I LU ~ '. COMMISSIONER OF PUBlICEI~E'81'f::eR RECORD 2~i tlAR 1996 AT 11: 51A1"1 DIRECTOR OF ENGINEERINRECORDED 213 t'lAI<~ 1996 CHARLES T. DILLARD