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HomeMy WebLinkAboutApproving Easement Deed Augusta Richmond GA DOCUMENT NAME: AG7P~e\J\t\ld EA<;/::'IOE""-r 'bEe~ DOCUMENT TYPE: R ~ ~ L L) \1 ~ YEAR: ~DD L\ BOX NUMBER: d 4 FILE NUMBER: '17 S- D';;). NUMBER OF PAGES: ell .' ~ RESOLUTION APPROVING EASEMENT DEED \VHEREAS, the Augusta-Richmond County Commission has been petitioned to consider approving an Easement Deed of certain property interests, as shown on a plat by George 1. Godman & Associates, dated October 19, 2002, and marked Plat #1 of Three, Plat #2 of Three and Plat #3 of Three, for the Jamestown IT Sanitary Sewer Line; and WHEREAS, the Augusta-Richmond County Commission has elected to approve the Easement Deed; WHEREAS, it is appropriate for assent to the dedication by the Augusta-Richmond County Commission be shown on the face of the Easement Deed; NOW, THEREFORE, it is hereby resolved as follows: 1. The Augusta-Richmond County Commission does hereby approve the Easement Deed and a~cept the easement as shown on the above referenced plats; and 2. It is further determined that the Mayor of Augusta, Georgia shall execute an acceptance of the easement on the face of the Easement Deed. This Resolution shall be recorded in the Minutes of the Augusta-Richmond .County Commission, accompanied by the exhibits referred to herein. county Commission, this ~ day of Duly adopted by the Augusta-Richmond 7l~JzI 2004. ATTEST: Clerk ';7 -_ (SEAL) .~. 'c; ~~ ; r-- -~~- ----. Book 00962:1230 August~ - Richmond County 200405221311/23/200414:21 :47.00 $0.00 EASEMENT ~111fI11.lllllllmlllll~IIIIIIIIIIIIIII~I.111I1111I111111II1 2004052213 Augusta - Richmond County " - --- - ---- -- ----------- ---.----, After recording, please retum to: Sandra K. Tyler Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, Georgia 30901 (706) 312-4143 AUGUSTA, GEORGIA EASEMENT DEED PROJECT: 50215- Jamestown Sewer Phases 2 & 3 PARCEL IDENTIFICATION NUMBER: 139-0-012-02-0 ADDRESS: 3962 Deans Bridge Road THIS INDENTURE made and entered into this~day of Or....h.b..1b 2004, between WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION (f/kJa Norwest Bank Minnesota, National Association), as Trustee for The Registered Holders of Morgan Stanley Capital I Inc., Commercial Mortgage Pass-Through Certificates, Series 1999-FNVl, hereinafter referred to as OWNER, and Augusta, Georgia, a political subdivision under the laws of Georgia, hereinafter referred to as AUGUSTA; WITNESSETH, that Owner, for and in consideration of the sum of ONE DOLLAR ($1.00) in hand and truly paid by Augusta at and before the sealing and delivery of these presents, and other valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained, sold, conveyed and con finned, and by these presents does grant, bargain, sell, convey and confIrm unto Augusta, its successors and assigns, an easement in perpetuity under, across and through the hereinafter described parcel of land. Said easement consists of 41,808 Square Feet, more or less, as shown on a plat prepared by George L. Godman & Associates, dated October 19,2002, marked as PLAT #1 OF THREE, PLAT #2 OF THREE and PLAT #3 OF THREE, attached hereto as Exhibit "A", and made a part hereof, to which reference is made for a more accurate and complete description of the metes, bounds and courses, and being for the purpose of laying, relaying, installing, extending, operating, repairing and maintaining pipelines transporting and carrying utility services, the same hereinafter being referred to as the "Project." Owner does also grant unto Augusta a temporary easement consisting of 36,239 Square Feet, more or less, as shown on said plat. Said easement is granted together with the right 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. Said temporary easement shall expire at the completion and fInal acceptance of the Project by Augusta. Owner does also grant, bargain, sell and convey unto Augusta, its successors and assigns, the right to clear, and keep clear, all trees, undergrowth and other obstructions from said penn anent easement, along with the free right of ingress and egress to and from said pennanenteasement for this purpose. Owner, its successors, assigns and legal representatives, after the completion of this Project, shall have the right to use said parcel of land in any manner not inconsistent or interfering with the rights herein granted, excluding, however, the right to plant thereon any trees or other vegetation that may interfere with the laying, relaying, installing, extending, operating, repairing and maintaining of pipelines transporting and carrying utility services and the right to erect, construct or maintain thereon any b1;1i1dings, structures, or other pennanent improvements. Augusta does herein agree to the stipulations set forth in Exhibit "B" and Exhibit "e" attached hereto and made a part hereof by reference. 183148 " . , Book 00962:1231 Augusta - Richmond County 2004052213 11/23/2004 14:21 :47.00 TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges and appurtenances unto Augusta, its successors and assigns, in perpetuity. And Owner, its successors, assigns and legal representatives shall and will forever warrant and defend unto Augusta, its successors and assigns, the rights, ways, easements privileges and appurtenances conveyed herein, against the claim of any person or persons whomsoever. IN WITNESS WHEREOF, Owner has set its hand and seal, the day and year first above written. Signed, Sealed and Delivered in the presence of: WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIA nON, (flk/a Norwest Bank Minnesota, National Association), as Trustee for The Registered Holders of Morgan Stanley Capital I Inc., Commercial Mortgage . ~ -". p"". Th<ough Certifioates, S"ies I 999.FNV I ~L7i^15 . ::(6~~~ NOUUyPub];,. PfJ,A<t ~'Y. U;'/l' ct 1,CoI~ \:) My Commi~i"" :.::~ {O - / tj - {)j, '11~~ 1:;. ~ S~<ll~r VICe. es J Printed Title ,. . .y r I . \ I;, I'. f-. ~~}',.':.~ .'/" ~i~ ,f' ~ ... '~', !'1 I', '" . ( ," 1\. ..'., '.: : \- .,' ,": .~ . fl"..,.. \ ~<~;~,';:,~:?~~/ ~.~ 'j;a~\\tJ9tJ,9l;~ No~ Pub ('QL,0/.<9IAC9unty, ~E'O~.4 :' ;~. ~ .: \,. ~ ~ P\ /1 y. __ :~ :-'l: ....~..... NotBry'Publlc, Columbia County, Georgia My Co-tnffiissiQn Expires: My Commission Expires Aug. 1,2006 Attest: (". PUtH.' C ,~ .' .? -- ~ / , ' .."" As Its: . 'I'~ i> fo, ;, " MICHELLE M. BlIGH "-+.,1'\1 Public, Dl8trict of Columbia " 'lsion Expires October 14, 2008 MICHELLE M. BLIGH Notary PublIc, DI8bict of Columbia My CommIesIon Expires October 14, 2006 AUGUSTA, GEORGIA " .. , . { 'f' . . c tJ,,1 ........ 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"' Book 00962:1235 Augusta - Richmond County 2004052213 11/23/2004 14:21 :47.00 MEMORANDUM OF UNDERSTANDING REGARDING INSTALLATION OF SEWER LINE BY AUGUSTA UTILITIES DEPARTMENT AT PLANTATION ACRES MOBILE HOME COMMUNITY. AUGUSTA.. GEORGIA Allied Capital Corporation ("ALLIED"), Special Servicer for Wells Fargo Bank Minnesota National Association, et a1. ("Owner"), the Owner of Plantation Acres Mobile Home Park located in Augusta, Georgia (the "Property") and Augusta Utilities Department (UAUD"), have reached the following understanding and agreement with regard to construction and installation of a public sanitary sewer line (the "Sewer Line") across the Property: . AUD will provide ALLIED with at least three weeks prior written notice of the proposed beginning date of construction ofthe Sewer Line across the Property. . Installation of the Sewer Line will occur within a designated twenty foot easement area on the Property down the centerline of an existing roadway and contiguous lots as shown on Exhibit "A" (the "Sewer Roadway") (herein the Permanent Easement Area") and construction activities will be limited to the Permanent Easement Area and a temporary ten foot easement area located immediately adjacent to, and on either side of, the Permanent Easement Area (herein the "Temporary Easement Area"). . AUD will not deviate from constructing the Sewer Line within the Permanent Easement Area or the Temporary Easement Area without prior written notice to and written consent from ALLIED. The proposed location of the Permanent Easement Area and the adjacent Temporary Easement Area is essentially the same as shown on the attached Exhibit "A", showing the layout of the streets and residential lots in the Property. In the event of any proposed deviation from the engineering plans of AUD to deviate from installation of the Sewer Line in the Permanent Easement Area, AUD will immediately provide written notice of a change in the plans to construct the Sewer Line to ALLIED. . AUD will provide ALLIED with written notice of and contact information for the contractor ("Contractor") selected by AUD to install the Sewer Line. . AUD will require that the Contractor maintain liability and property damage insurance and the contract documents of the Construction Contractor for construction of the Sewer Line will be required to name ALLIED and the Owner as Additional Insured and designate the Property as the location of activity on the insurance certificates, if time allows. Contractor wi II provide ALLIED with copies of insurance certificates prior to beginning construction. . AUD will require Contractor to be bonded for the performance of the work associated with the installation of the Sewer Line. . AUD will insert provisions into AUD's contract with the Contractor for construction of the Sewer Line requiring the Contractor to bond offwithin 30 days any liens filed against the Property arising out of the construction or installation of the Sewer Line or materials provided for the same, if time allows. EXHIBIT "B" . . . . . 167679 Book 00962:1236 Augusta - Richmond County 2004052213 11/23/~004 .14:21 :47.00 AUD confirms to ALLIED that AUD is a department of the government of the City of Augusta, Georgia and is self-insured. During construction of the Sewer Line: . AUD will make certain that each resident at the Property has direct vehicular access to their residence and AUD will provide appropriate signage for vehicular and pedestrian ingress and egress during construction of the Sewer Line. . During construction of the Sewer Line, at no time will more than approximately twenty-five feet of the Property be open as a ditch in which installation of the Sewer Line is being conducted. All open ditches or trenches which are to remain open overnight during the course of construction shall be barricaded or fenced as appropriate to prevent access to same and the requirement for fencing or barricading shaH be set forth on the plans for constructing the Sewer Line. All construction equipment maintained on the Property during the course of construction of the Sewer Line will be safely secured when not in use. Keys to all vehicular and other equipment shall not be left with said vehicles or equipment at any time when Contractor is not in the process of installing the Sewer Line. . Construction equipment and materials will be maintained on the Property in a neat and safe manner. . Construction debris or other trash related to installation of the Sewer Line will be removed regularly. . AUD will require Contractor to police all of Contractor's employees and subcontractors working on the Property to prevent them from Jittering or depositing debris outside any of the Easement Areas or from bothering or interfering with residents or the activities of residents. . AUD will have their contractor remove all trees located on Lot 133 and Lot 97 A, as long as there are no trailers and/or buildings and/or structures on said lots. AUD's contractor will have the discretion of time and method for tree removal. AUD's contractor will notify the management of the Property at least 24 hours prior to removing any trees, provided, however, that if any trailer and/or building and/or structure is on either Lot 133 or Lot 97A, the contractor will cut only those trees, on the lot with the trailer and/or building and/or structure on it, within the Permanent and Temporary Easements, as shown on Exhibit "An. . Subsequent to the installation of the Sewer Line, AUD will pave the roadway located over the Sewer Easement Area with an overlay pavement substantially similar to the existing pavement on the Sewer Roadway. The overlay payment will not be a patch, but will instead be a full repaving of the Sewer Roadway. All manhole covers for manholes located in the Sewer Roadway shall be flush with the repaved Sewer Roadway. 2 . . ," 167679 " ,r-- Book 00962:1237 Augusta - Richmond County 2004052213 11J23/2~04 14:21 :47.00 . The areas adjacent to the Sewer Roadway shall be immediately returned to substantially the same condition as existed prior to construction of the Sewer Line with all construction debris, dirt, rubble, trash, etc. immediately removed after completion of construction. Areas adjacent to the Sewer Roadway will be regrassed by Contractor and said requirement will be designated on the plans. 3 I . . Book 00962:1238 Augusta - Richmond County ~ 2004052213 11/23/?004 14:21 :47.00 ,. I . . EXHIBIT "C" The City of Augusta. Georgia, a political subdivision of the State of Georgia ("Augusta") has requested that WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION (flkla Norwest Bank Minnesota, National Association), as Trustee for The Registered Holders of Morgan Stanley Capital I Inc., Commercial Mortgage Pass-Through CertifLcates, Series 1999-FNVl ("Lender") and WELLS FARGO BANK MINNESOTA, NATIONAJ., ASSOCIATION (fJkIa Norwest Bank Minnesota, National Association), as Trustee for The Registered Holders of Morgan Stanley Capital I Inc., Commercial Mortgage Pass-Through CertificBtes, Series 1999-FNVI ("Owner") provide it with a permanent sewer Easement ("Easement") across the real property described in Exhibit "A" hereof in accordance with the Easement Deed to which this Exhibit "C" is attached. Owner is willing to cooperate with Augusta and provide Augusta with the requested Easement. In lieu of monetary compensation for the granting of the Easement by Owner to Augusta, Augusta and Owner have agreed as follows: 1. Owner will grant the requested Easement to Augusta pursuant to the form of Easement Deed to which this Exhibit "C" is attached. 2. The installation and construction of the sanitary sewer across the Easement Area shaH be performed pursuant to and in accordance with the terms and conditions of the Memorandum described in Exhibit "B" hereof. 3. Augusta hereby grants to Owner an additional two year period from and after the legal acceptance by Augusta of the completed sanitary sewer line that is the subject matter of the Easement Deed in order for Owner to hook all residential mobile home pad sites in the Plantation Acres Mobile Home Park to the sewer system being installed by Augusta as described in the Easement Deed. 4. At the end of the two year period from and after the legal acceptance by Augusta of the completed sanitary sewer line that is the subject matter of the Easement Deed, this Agreement, described as Exhibit "C", will become null and void, and Augusta will be under no obligation to grant any extension(s) of time or exceptiones) to its policies. 5. Augusta hereby agrees that Owner shall be entitled to the extent possible to utilize the existing sewer facilities located on the Plantation Acres Mobile Home Park property as part of a new system to be constructed and installed by Owner in the future so that Owner may install the most cost effective system available to Owner in order to hook all Owner residential pad sites to the sewer system. Augusta shall reasonably cooperate with Owner with regard to approval of and permitting of the system to be installed by Owner. 6. Augusta confirms that, during the term of this agreement, the cost per hook up of each individual pad site within Plantation Acres Mobile Home Park to the sewer system is $125.00 and shall be payable on a pad by pad basis as each individual pad or series of pads is hooked up to the sanitary sewer system. 7. Augusta further confJ.rn1s that, during the term of this agreement, the cost per sewer tap is $350.00 and is payable at the time each tap is made into the sanitary sewer system. 8. The parties hereby agree that the covenants set forth and shall constitute covenants running with the Land and shall be binding upon the successors and assigns of the parties hereto. " J 79600 "r- Filed in this office: Augusta - Richmond County 11/23/200414:21 :47.00 --~- Elaine C. Johnson Clerk of Superior Court .~._n......,