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Home My WebLink AboutJohnny And Tommy Mabus Augusta Richmond GA DOCUMENT NAME: jm\l\l~ a\ \CX\\m'j mCb.1S DOCUMENT TYPE: YEAR: C\~ BOX NUMBER: 0-\ FILE NUMBER: \ ?J5Q'd NUMBER OF PAGES: 0 --., 40. ... '_ !J:EL1546 PAGE 1625 5T A TE OF GEORGIA RICHMOND COUNTY } .( dO y?1 7(71 Nt oIN'IC I pH-I-- /3~"fi THIS INDENTURE made and entered into this 28th day of May , 19 93 , between Johnny a nd Tommy Mabus 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; hereinafter 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 88th G.M.D., Richmond County, Georgia, being in the nature of a permanent easement and being delineated and more particu- larly described on a plat by the Augusta Department of Public Works dated May 2, 1993, being Parcel 8.1, a copy of which is attached hereto and incorporated here in by reference. Also, temporary construction easement delineated on referenced plat show a a cross hatched area. Said construction is abandoned at the end of construction. the above temporary .J 1- (j) ~ c;r) Cl ---' 0 ~;;U ..:.:t .(. ~~ .- r~ :c 0- J .- ._~- , en ...) N <.J~ i :J :;'~ .' l.:._ r~ .;:;:: -.- J <... _J c::: r- LtJ lL cn U ORIGINAL REEL RECORDED REEL 546 PAGE 1625 WIP JD: 297776 . . 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 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 thereon any buildings or permanent improvements. .. .. ~REEL 546 PAGE 1626 " ~--- '." 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 o,f 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 hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered (L.S.) ~~~~~(L. S.) Tommy Ma us ~~.:r. \ .~--- f "~' or,Jo ",/ REEL 546 PAGE 1627 .. ----- _ -- n_._m.._.. .. __._ .__'_'~________.__.____. ._n__._______ "..... ___.. _. ___. Q ~ Q:- ~ ~ ~ (:) g- & ~ , -------- MATCH LiNE~---- SHEET # 1 ! @ ! 8 \9_____~ ~~ 25.51~~ 25.5'~~ ~ 15' PERMANENT SANITARY SEWER EASEMENT 36" SPUR TRACK EASEMENT (APPROX. LOCATION) l J.-... ~ i! o ~ <- ~ J.-.:. ~ ~ ~ (] ~ Q;- ~ o g /::} '-..J ~ I...::.. ~ (J .~ . "' -=-'- .. MOLLY POND RD 50' R/W A ~ .'-<-. o J........ &' if? LEGEND (OWNERS) PARCEL 8.l-JOHNNY & TOMMY MABUS PARCEL 9-JAMES J & DANIEL VANDEYACHT PARCEL 9.1-CENTURY WAREHOUSE FUND III PARCEL 12.2-COASTAL LUMBER CO. NOTFS PROPERTY INFORMATION TAKEN FROM AUGUSTA-RICHMOND COUNTY TAX MAPS AND RECORDS. 2.) THE TEMPORARY CONSTRUCTION EASE- MENTS WILL BE ABANDONED UPON COMPLETION OF PROJECT. 3.) THE 15' PERMANENT UTILITY EASEMENT TO BE CENTERED ABOUT THE INSTALLED SEWER LINE. PROPOSED SANITARY SEWER LINE (TYP.) EXISTING MANHOLE GA., PI CHt'10ND COUi'lT'l CLERK rUPER I OR COURT FILED FOR RECO":D,~9 ..JAH 1997 AT 04; 39Ft! SEWER EASEMENT F::ECORDED 29 JAN 1997 . . FOR C~TY COUNCIL OF .AUGUSTA SHOWING PROPOSED PERMANENT AND TEMPORARY SANITARY SEWER EASEMENT ALONG CENTRAL OF GEORGIA RAILROAD AND MOLLY POND ROAD RICHMOND COUNTY, SCALE: 1 '=1 00' TAX MAP: 73-3 100' FIELD BOOK I sr' GRAGHIC o , Ii' sc:.w: PREPARED BY DEPARTMENT OF PUBLIC WORKS ENGINEERING DEPARTlofENT AUGUSTA. . GEORGIA G EO RG IAru'PRoVED~&4~N DATE: 5/2/93 jiJ,'( Dat JOB NO.87-059 r.')" L p'-- DWG. FILE No. CHARLES T. DILLARD COMMISSIONER OF PUBLIC WORKS DIRECTOR OF ENGINEERING SHEET 1 OF 2 -------.....-.-----------.