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HomeMy WebLinkAboutSecurity Land and Development Corp Augusta Richmond GA DOCUMENT NAME: StC-l)(i +-~ 1--fJ.(1J Oi. nd DeJ.dlR rN.1'-t C(X~ DOCUMENT TYPE: YEAR: ,10 05 BOX NUMBER: FILE NUMBER: J 1- I d- <-I NUMBER OF PAGES: 2. m(l?S :;L . ~- '.. ... r ., -; 7 . , :-. :~iC:i:"\~!~;~} i..; h 'i.' l'" . l,l':"! L: L r!~ t't b l ff~,~;.C ); r.: c ~..;:~) , , } q:'LH~:; ~ ~~:~~~~ CLERK O(S;~Ji)Fr-:lon COURT ;:JAMES; C. F0LK 'Kl!:PAlRiBJf-&-i~?~~ 21.lfj n:'.\J1S !'\D. SL!!l t:. C MA r-ir I r\! EZ, GA 30907 '\ STATE OF GEORGIA RICHMOND COUNTY ~ -"- ._11-. ....... REEL 524 .PAGE 2412 THIS INDENTURE made and entered into this th- /(, day of January , 1995 between SECURITY LAND & DEVBLOPMENT CORP. 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 ot ONE DOLLAR ($1.00) f.\ in hand well and truly paid by the party ot the second part at and betore 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: ~ Ymx ~~ ~~~ ~ ~ -r C-J-, ~~(f:::-t:rl>':):A 20-foot perm:ment sanitary sewer easement as well as a 30-foot temporary construction easement. Said easements being located East and South of the detention pond as shown on the hereinafter described plat. The easements described above are more particularly shown on a plat prepared for City Council of Augusta dated 11/07/94 revised 01/16/95 and prepared by H. Lawson Graham & Associates, Inc. which plat is filed contemporaneously herewith and to which plat reference is herebYdmade for a more particular and accurate description of the metes, bounds and location of the said easements. Ol'fgT1mr Reel Re~raea 8eeI \ 1:1~ f*,alf/~' l() I P :ro f :J. 7 '-I5f.5. ." " -, \ :. ~ ::1'i'!1) 't. .' "',i,',", ,.: Said easement b~ing In the" nature of a right-ot-way for the purpose of laying, relaying, installing, ex- tending, operating, repairing and maintaining pipelines transporting and carrying u t il i ty services ;. the. same hereinafter being referred to as the "project;" ... 'Together wilhthe- right; when constrLictiorioi- m-aintenance is necessary, to dig such trenches in said parce'._.- -- 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. ...J' .' ....... ; I ,-' h. ',i ' ", ' \'. ~ ,'" \ .'. . I': .'.: t ,!.(ft;fj,lr'; - , .J.::> j:.'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. APJJ;:l~ Jd.!!!. Gj~v }'.tt.~;(D.ey, Date:~t{ !ClCjg~. ,..!.~~,~.# A\~ .:i. .. '. " ~. - ";", .--- ---- PA. GE 2413 REEL 524 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 paft 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 repesentatlves shall and will forever warrant and defend unto the party of the second part, his succer.sors 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 ono grantor the phrase "party of the first part" and all related pronouns, relative pronouns and verbs shall fead as If wrillen 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 its hand and _~~.~ixed its seal.. . '. '. '. u ~.. . .' . _ '" ... ._ .... .'. .. ..' ;,'" . ,_ , !:.:'i.;~,;"~ :,:-~--,";".: ::~;.; :;T';:~~o~: ~:'~;;r~~~";;"\~'~;':':~.;-'~':.:.:~:,::~~1~~:~'~~~;;;;~~:~~;- dBX ;~n~;\r,~~t:,\!I~~~:alt~v~'~Wrm~~:." -::~~-= "::'-~."'':"'~':' . ". . l~!"'/ i ' Signed, Sealed and Delivered SECURITY LAND & y~ BY: . ~.. BY: -'.'C>j~:':!."'lf~:!...I~J . ,+'" \ f>. N.C 1)