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HomeMy WebLinkAboutNAOMI K PHILLIPS INDENTURE Augusta Richmond GA DOCUMENTNAMEU~ ~;na(t~ Deptu!mCfI+ DOCUMENT TYPE: YEAR I qq3 BOX NUMBER: I 0 . FJLENUMBER) 411/ Ie NUMBER OF PAGES: 5 ~ ~:::::::.: .::; :..-) ~..:~ ~ : ~~~~ ;~.~5 ~~;U (-';,;~:_~ t:':: ::L.. : ...' :?3 (~.~~ ;:': -......- ~L_. ~:: ;' ~'.. . ....- .....; '. REEL 493 PAGE 1 ;. .,) STATE OF GEORGIA RICHMOND COUNTY } City Engineering Department , Municipal Building - Room 70 I 530 Greene Street Augusta, GA 30911 THIS INDENTURE made and entered into this 2-"1 day of If f f( I L- ,19 '15 I between Naomi K. Phillips 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 a portion of Lot 2 of Block "H" of Vineland Subdivision in the 89th G.M.D., Richmonsi County, Georgia, being in the nature of a perma- nent utility easement and being delineated and more particularly described on a plat by Franklin A. Toole, R.L.S., dated July 25, 1988, a copy of which is attached hereto and by reference incorp- orated herein. N o Also, all that strip or parcel of land delineated and described on said plat as a temporary construc- tion easement. The 'temporary construction easement ~_ ~~ll terminate upon completion of project. ,...- I ;. " ::) C)8 e ::.'3 (-':2 -)tu uS ; ,'-0 =':";.} t,/.. ~a <[~ 1-'- CJ~ w ORIGINAL REEL RECORDED REEL 493 PAGE 1 ~HP 10: 230264 _. 4-. <<::C C'\J ~ ~ .. If') en ...;. 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 buildings or permanent improvements. ~Jf~ . ~ C~ty Att9..z:ney' Date:~, ~t !C/q<[ REEL 493 PAGE 2 0<, 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 th e 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 o.f 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: '~k~' . ~mi K. PhilliPS~ (l. S.) <),~~'O Q c,,<;'?~~:::~ ooocoo'NO' ZP~~ic, R' mond County, Georgia t:.") ....~ 0" 1#0 C3 i/ '0'/ ("""IT /. f;) i' \ ",otary Public, P.ichmond County, t2MI'i'l~ i:j i' "~~:U" "~ r o~ .c'" '~y Commission ExplrGEi Apflll'I6, 1l1W t~ ::;~ ~ 'Cki~) ff (~ ~ r..-, (') "p' .:.' 0 [j... ~.) ~ ._, l)= ,,~;;p ,'1~--'" ", "\.J ,; ".. g; ;;~ "":~ o~ u :~i t..;~ Ii"" '. ~ CO,,-, ~ ~ "'?.. "" t.:.",,- ,- oC.o ';ti.J ~ ~ ~~, o~ II (j c:: -"0": (,/V Doeo~.oooOg.~~ '\ ~<;,; ~'''(?Q D COUN ~'I>~~"" UQS1l8Doeoaa\l1l .--:' i ~ ,; ,^ " '---......... ---.. N/F Z ENGLISH Z ~ CD ~ " Z N/F PATE Z " M W L:J <t a... M l)'j V ..J W W CI::: o 181.00' , I Z NAOMI N/F K. PHILLIPS Z (3) o o o' o. co~ ~ ~, IJJ 0 ~ ::1- [3(!) in ~ - l{) ~ ~ ;.~~ ft) CI) "U Cl)5l ~ BLOCK "H" \87.62' -~- . " S 35044''2.3 W tcHORD) WESl V\NELANO RD. 50' R/'H - -- LEGEND . EXISTING MANHOLE o PROPOSED MANHOLE .J r-DI'ES : 1. INFDRI'1ATION Sl-KMN IS ffi'1PILED FROM REFEREl'K:ED DEED DATA AND ONLY LIMITED FIELD VDRK HAS BEEN ACCOMPLISHED AT THIS TIME. 2. THE SANITARY SEWER EASEi'1F'..NI' IS AS SHCWN ON THE PLAT. 3. SOME LINES ARE COMPUTED FROM REFEREOCED PLATS. I'D IDJNDARY FIELD VDRK HAS BEEN ACCOMPLISHED ~ AT THIS TIME. REFEREOCES : VINELAND RECORD PLAT COM PI LED EASEMENT PLAT - FOR - "I I " n I 1\ IJ .... _G/~FY--.C(}'UNCIL- OF AUGUSTA LOCATED IN VINELAND SUBDIVISION IN THE 89th G. M.D. RICHMOND COUNTY, GEORGIA 30 IS ~ SCALE o ]' IN 30 1 JUL Y 25 , 1988 FEET -Prepared GREENE ST. 722- 4114 By- . Engineers, Inc. J CLERK SUPERIOR CO FOR , CORD 12 JUN 1995 AT 10:02" RECORDED 12 JUN 1995 AU R. .. Toole R. L. H. JOB No. 88012 ~ ." \. . ....... ;')r~ OIT1 ?r..l 0 o m" 0'::1 ;u ...... r...:. ;u IT1 ..:.... <.' co z:::o 0' ...... '..0 ...- ~.o N . U1 ....... IS- - E; z o N/F '/. ENGLISH Z Z NAOMI -..- S ~5044' '2.~" W CD N/F PATE Z ~;,; ,. . BLOCK IIH" o N/F K. PHILLIPS Z tcH0RD) . 'H ESl V~NELAND RD. "50' ~- LEGEND,,",,, . EXISTING MANHOLE o PROPOSED MANHOLE !\UI'ES : 1. INFORMATION SI-Ia-JN IS OO'1PILED FR)M REFERE!'I::ED ~ I \" .. DEED DATA AND ONLY LIMITED FIELD WJRK HAS BEEN ACCOMPLISHED AT THIS TIME" 1 2. THE SANITARY SEWER FASEJ.'1ENI' IS AS SI--IarVN ON THE PLA'l'. . ", 3. SOME LINES ARE COMPUTED FROM REFERocED PLATS. 00 OOUNDARY FIELD VDRK HAS BEEN ACCoMPLISHED' AT THIS TIME. ~ I ~ ~PROVE(5 I'~~ J 1)at . r BY AUT RITY OF AUGU A-~IC MON!) COUNTY PLANNING COMMISSION COMPI LED EASEMENT PLAT - FOR - -r ~ ~ "'" ~ , 181.00' , , I \81.6'2. o o o' o. Q)ce ~ ~, Qce ::1- f3(!) in ~- U) !"'-. ~ ~:rno'\ M CI) "'" "'5{ ~ ^' TTI IT1 r ~ 1.,(1 (o.J "'1J I> C-I TTI Ul R/~ ::::: ;::oCt .......IT1;::O "Uf!]8 ....... ....... O-i=:-Z .. ~.o I> wr 1"":' (,o.J -n;::O ,~ :J5. IT1 NCiIT1 Cl'tlT1r '_1"1 '_1'1 :::0 IT1 ("') o ^' o IT1 o c: (") lD r'" 'r.' (Jl : /" I ~r -- .......J ~:r> : :A 0-::: c: i f' -ri _0.. Z t._~; .~/} F1 "'Yl~~~ (f'; cO N ,',:: ;i mL .'"'...' ~~;2 ::P:> :3: ........ .......' I'; :":J C: _i.- e ') ::D 7~ 0 r:.:) ('~ ("") (j1 ;?'~S~ 0 ( ) c:> C ._.....l.__ I' ;D' N , Q) i L _...-...----t'-..... __ _._ REFE~FS : VINELAND REX:ORD PLAT :::0 IT1 _ /'Tl___ r CIFY- -COUNCIL OF AUGUSTA I RICHMOND LOCATED IN VINELAND SUBDIVISION IN THE 89th G. M. D. GEORGIA 30 IS ~ SCALE o 30 I I I IN FE E T COUNTY, -Prepared JUL Y 25 ,1988 a FILED IN PLAT CABINETLL SLIDE dO I PLAT ~ .R. To.o/e By- Engineers, Inc. GREENE ST. - 722- 4114 AUGUSTA, GA. R. L. H. JOB No. 88012 d/tu't ....--- I It ~::i!III"'- """ i>' -~ ,T --'l. , >i:.. -' ~,.:~~~_ , , 1 __'~-=i___~. c~ ~~ . W"'-, ~ ';; -i~~-~t , '~,.a-~"'~~ _L;___