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HomeMy WebLinkAboutMelton E. Rhodes And Rhodes Etal Augusta Richmond GA DOCUMENT NAME: me\ton E. \2.\lcxje..S -\- ~'ncx3es C+aJ DOCUMENT TYPE: YEAR: C\. ~ BOX NUMBER: C).-\ FILE NUMBER: \ ~ NUMBER OF PAGES: .s .) ..... REEL 516 PAGE 1619 - . SI A IE OF GEORGIA RICHMOND COUNTY }, ,f t1~ Y"- 't? I MI/NIC4"A-~ Bt-P~ '" THIS INDENTURE made and entered into this 28th day of May ,1993 between Melton E. Rhodes and Rhodes Etal 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; \;. '1 ~, t All that strip or the 88th G.M.D., of a permanent larly described Works. dated May tached hereto and parcel of land, situate, laying and being in Richmond County, Georgia, being in the nature easement and being delineated and more particu- on a plat by the Augusta Department of Public 2, 1993, being Parcel II, a copy of which is at- incorporated here in by reference, ..' , :L..' Also, temporary construction easement delineated on referenced plat show as a cross hatched area. Said ,construction is abandoned at the end of construction. f..- Cil ''''' 0:: ':,..., ~) ~=) '-'0 ...... (J")~ -.. -,.. 2E ~~8 .)i.._' rj~ ~;~ -'::J.: :...:: 1 e:: C;~ <.....J the above temporary ..~ 'L .' ...-. .., 'J:..: Cil C'\J. 4: o;<:t: ~ " (7) . '.' ~:: ;-- , ~-' t . .~ d.. ',.' - ~. ....j ORIGINAL REEL RECORDED REEL 546 PAGE 1619 I.JIP ID: 297765 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 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 building;:? or permanent improvements. '- 4P~EL ,546 PAGE 1620 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 corporati,on, 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 THetf.'. 11//-#D5 ffA/O ~EI1t!: the day and year first above written. , ...Sig~.~d, .S~aled and Delivered :' .:; ~:.~. ~..~,'; ~'~in t.~:~..presence of: +,~ ,/:Q;" ',;..-r:.~;;~::#<,';';,~,',. t,:"' 1[ -;,~ . :.;-r, ";"'Ii' -,.....: ,~. ,.,.:- ,,,,'., ~AJt"- "',, " ',? ~ . 'f:' ~~ .':~- ~J ~,~ ;-Z:, .~: ~': .,~ ~~ ('"'.. _;. _ rJ" .." t,. r..-:'" <_/:: 'L.":\ ~;>: Not!l.ry Pub.Jio,:, Ci'~fTIbia Cty., Gaorgia ~_-:.l4'" . ... 'M " C ,. ~..:.,; _~ 6., ' t:"':t:4',. _~" ~ j.~. Qr.:ryu.-s:......,.;.q, .~'-:.,(,Jll.....~ ...1\..;"0 11 19~o "~~_ '."Notar.y Publi(;~ ,.;Richmond County, Georgia C.,' '~:~,:_~~.;,jwy Pla)-n Eftness .:r :' ... OATES CREEK R/W LINE PERMANENT SANITARY SEWER EASEMENT ("l 13~ 'O""l. '\~ o ~ 'Vc. (;'l <Q<fp cq.~ =:l @ MELTON E. RHODES AND RHODES ET AL PROPOSED SANITARY SEWER LINE (TYP.) 8 , PLAT FOR CITY COUNCIL &" :. REEL 546 PAGE 1621 I ! @) ! NOTFS 1.) 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 MANHOLE (TYP.) TO SHEET 1 " MlbJ;ip WPROVED :OUBDfv IS10 OF AU G'U:S-T A SHOWING PROPOSED PERMANENT AND TEMPORARY SANITARY SEWER EASEMENTS ALONG MOLLY POND RD. RICHMOND SCALE: 1'= 100' TAX MAP: 73-3 100' FIELD BOOK I COUNTY, SO' 0 I , GRAGHIC SCALE .1r PREPARED BY DEPARTMENT OF PUBLIC WORKS ENGINEERING DEPAR"NENT AUGUSTA, GEORGIA GEORGIA DATE: 5/2/93 JOB No. 87-059 DWG. FILE No. GA, RICHMOND COUNTY CLERK SUPERIOR COURT FILED FOR RECORD 29 JAN 1997 AT 04:39PM RECORDED 29 JAN 1997 CHARLES T. DILLARD COMMISSIONER or PUBLIC WORKS DIRECTOR or ENGINEERING .---; _.;:~.-:-. .-...-.-. SHEET 2 OF 2