HomeMy WebLinkAboutThe Brooklyn Corporation
Augusta Richmond GA
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DOCUMENT TYPE:
YEAR: 1 q Of '1
BOX NUMBER' (p
FILE NUMBER: .) ~'i 0 ot
NUMBER OF PAGES:
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'.-,-,-,,-:IJARRY D. . REVELL
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,,_. ~ \O\,W'60t~~H I S INDENTURE, made and en t ered in tot his _16.t.lL day of
(\_An~~c..r\"0';::q\OJ1 CO\j\\
;~L2.?y\OlSe\pt--eltiDer, .1997" between The Brooklyn Corporation, hereinafter
referred to as the Party of the First Part, and Augusta, Georgia,
a political subdivision of the State of Georgia, hereinafter
referred to as the Party of the Second Part;
,DEED OF DEDICATION
REEL 607 PAGE 55
~~,
AS: SPENCERPLACE
WIT N E SSE T H :
That the said Party of the
consideration of the sum of One Dollar
First Part, for and
($1.00) in cash to it
in
in
CJ
hand paid by the Party of the Second Part, the receipt of which is
hereby acknowledged, at,and/or before the sealing and delivery of
the s e pre s en t s, an dot her goo d a:n d val u a b lee 0 n sid era t ion s, has
granted, bargained, sold, released, conveyed and confirmed unto the
said Party of the Second Part, its successors and assigns the
llowing described property, to-wit:
I
AN EASEMENT IN PERPETUITY UNDER, ACROSS AND' THROUGH the
approximately marked strips of land, together with the
ipipelines and appurtenances located ,therein, which are
adelineated on a plat prepared for SPENCER PLACE
~ ... \ ~ j"" SUBDI VI S ION, by H. Lawson Graham & Assoc., dated Augus t
0:- '.J~. 15, 1997, to which plat reference is made for a more
~ )~ complete and accurate description as to the,metes, bounds
~. j~and location of said easements, and said plat is recor(1pc! in the office
~ :t -of the- Clerk of the Superior Court of Richmond .County, Georgia in Realty Reel
~ ,'~ 0 572, pages 1299-1304.
d ~ SAID EASEMENT BEING IN THE NATURE of a right-of-way for
the purpose of laying, relaying, installing, extending, operating,
repairing, and mainUCi"n-ing pipelines transporting and carrying
utility services, the same hereinafter being referred to as the
"PROJECT;"
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TOGETHER WITH THE RIGHT, when construction or maintenance
is necessary, to dig such trenches in said property, as described
by the deed, as may be necessary for the project; to pile thereon
the material excavated, and to haul pipe, supplies and equipment
connected wi th the construct ion and maintenance thereof, over,
along, and across the said property.
THE 'PARTY
OF THE
FIRST PART,
his
heirs,
legal
representatives, and assigns, after the completion of the PROJECT,
ORIGINAL REEL RECORDED
REEL 607 PAGE 55
/.rIIP ID: 366914
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REEL 607 PAGE 56
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shall have the right to use said, parcel In any manner not
inconsistent or interfering with the rights herein granted,
EXCLUDING the right to erect, construct, or maintain thereon any
buildings or permanent improvements.
As a part of the consideration for said conveyance, the
Party of the Second Part covenants 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 the property, the Party of the Second Part
may install the pipelines 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 repairs, construction, maintenance, or extension, so as to
leave the land available and ready for ordinary purposes of
agriculture;
(c) To exercise the right of ext~nding, making repairs
to and maintain said property 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; and
(ct) To give reasonable notice to the Party of-the First
Part of its intention to enter the said property 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, it successors and assigns, in perpetui ty.
AND THE SAID PARTY OF THE FIRST PART, his heirs and legal
representatives shall and will forever warrant and defend unto the
Party of the Second Part, his successors and assigns, the rights,
ways, and easements, privileges, and appurtenances conveyed herein,
against the claim or claims of any person or person whomsoever.
WHENEVER there shall be more than one grantor, the phrase
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REEL 60? PAGt 57
"Party of the First Part" and all related pronouns, related
I
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 said Party of the First Part has
caused there presents to be executed the day and year first above
written as the date of these presents.
SIGNED, SEALED AND DELIV~RED
in the presence of: -'
~~~
BY:
"
Attest:
~
GAl RICHMOND COUNTY CLERK SUPERIOR COURT
FILED FOR RECORD 11 AUG 1998 AT 03:36PM
RECORDED 11 AUG 1998
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