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Home My WebLink AboutEASEMENT DEED BETWEEN SHELLY L MCCUE A/K/A SHELLY L MCCURE /OPTION FOR EASEMENT 1 ' Book 01290:1219 Augusta - Richmond County 2011002719 01/27/2011 13:24:36.00 $0.00 EASEMENT 111111 II 111111111 111111 II 111II 1111 111 I 1 111111 SHEPARD, PLUNKS 111111111111111111111111111111111111111111111111111111111 HAMILTON & BOUDREAUX, LLP 2011002719 Augusta - Richmond County 429 WALKER STREET UPPER LEVEL AUGUSTA, GA 30901 AUGUSTA GEORGIA EASEMENT DEED PARCEL IDENTIFICATION NUMBER: 094 -0- 346 -00 -0 ADDRESS: 3726 Old McDuffie Road THIS INDENTURE and DECLARATION OF EASEMENTS is made and entered into this 2( day of ; J pFwv p g r 2011, between Shelley L. McCue, a /k/a Shelly L. McCue, hereinafter referred to as OWNER, and Augusta, Georgia, a political subdivision under the laws of Georgia, hereinafter referred to as AUGUSTA; WHEREAS, Shelley L. McCue, Owner, is the current fee owner of that certain real property located in Richmond County, Georgia, and more fully described in Exhibit A attached hereto and made a part hereof; WHEREAS, the parties hereto desire that certain easements, rights and restrictions with respect to the real property and the use thereof be established upon the terms and conditions set forth in this Declaration; 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 confirmed, and by these presents does grant, bargain, sell, convey and confirm unto Augusta, its successors and assigns, an exclusive utility, access and maintenance easement, for the purpose of installing, utilizing and maintaining utility pipelines, in perpetuity under, across and through the hereinafter described parcels of land: An exclusive permanent utility, maintenance and access easement of 2,216 square feet, more or less, as shown on a plat prepared by George L. Godman & Associates, dated July 27, 2009, Exhibit B attached hereto and made a part hereof, to which reference is made for a more accurate and complete description of the metes, bounds and courses. Said easement is hereby granted to AUGUSTA, together with the right to lay, relay, install, add, expand, extend, and repair, operate, and maintain continuously pipelines transporting and carrying utility services. Said easement further grants the right to stretch communication lines, or other lines, for the use of AUGUSTA, its assigns, representatives, Book 01290:1220 Augusta - Richmond County 2011002719 01/27/2011 13:24:36.00 agents, and designees, upon or under said land, within said easement, with the necessary cables, wires, apparatus, fixtures and appliances; and with the right to assign this easement in whole or in part; and A temporary construction of 2,189 square feet, more or Tess, as shown on said plat, is granted with the right to dig such trenches in said parcel of land as may be necessary for this pipeline, to pile thereon the material excavated, and to haul and store 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 this pipeline by Augusta. NOW THEREFORE, for and in consideration of the benefits accruing to the real property from the easements and restrictions created hereby, the Owner submits the real property, to the easements and restrictions contained in this Declaration for itself, its successors and assigns: Owner does agree that no other utility(ies) may be constructed within the aforesaid permanent easement in perpetuity except by written permission of the Augusta Utilities Department. Said permission will take the form of an Encroachment Agreement entered into by Augusta and the requesting utility. Owner does also grant, bargain, sell and convey unto Augusta, its successors and assigns, the right, but not the duty, to clear and to keep clear, all trees, undergrowth and other obstructions from said permanent easement, along with the free right of ingress and egress to and from said permanent easement for this purpose and all other purposes stated herein. Owner, her heirs, 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 that may interfere with the accessing, expanding, adding, laying, relaying, installing, extending, operating, repairing and maintaining of pipelines transporting and carrying public water services and the right to erect, construct or maintain thereon any buildings, structures, or other permanent improvements. TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges and appurtenances unto Augusta and its successors, in perpetuity. And Owner, her heirs, 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 claiming under or through Owner. Book 01290:1221 Augusta - Richmond County 2011002719 01/27/2011 13:24:36.00 IN WITNESS WHEREOF, Owner has set her hand and seal, the day and year first above written. Signed, Sealed and Delivered in the presence of: A ( I B _ 7'* Ca- ITNESS Shelley . McCue a /k/a Shelly L. McCue i e. Avail Notary Public, " ' County, Georgia My Commission Expires: io /Z /12 F . i ^z 0 . O NOTE: T N HE PERMANENT 4, // c M EASEMENT SHALL BE �\ o CENTERED ON THE SEWER, % /�" • // U Ni- AS SHOWN OR AS BUILT. mss. , / 0 // \ ■ o MH(917 RUTH MILLER -5 o DAVID CHARLES SAVAGE ' ��' TPN 094 -0- 429 -01 -0 7PN 094 -4- 002 -00 -0 G / N 3733 OLD McDUFF /E ROAD 3727 OLD McDUFFIE ROAD ti ° ■ < O Q Q V / NO .i 3 .. / o N \A/ it , ,, ■ N a G�\� �� I 2 "d 'so / \ CO N c I o ms s' \ ` . �P Opp t / . 4 fpl 157.65' \ \ -� \ \ \ \ / F� �� G O� / , � - �. 100 .31 \ \ � \ \\ <3- ( 2 \ ' ri 4. .. 1 4- ,-, N c-.5e■ N 4 3- � O o k� / , , , .._ % % •: 094-0-346-00-0 ,:so.,, es \ ` \ \ � � ' I •:.1. . `' TPN 1 3726 OLD McDUFF /E \ \ N O9 10' TEMPORARY gti CONST. E'SMT. � , (3 43 . 1 / : ,.' , . I < \ ROAD � 10' TEMPORARY N N 930 sq.ft. 0.02 acres �` I:: : I \ CONST. E'SMT. / 'fi L :.: , / \ / 6 . F, 1259 sq.ft. ��, �� W:• ... �/ � 0 g 0.03 acres 20 PERMANEN <?o- 4 , 4 : • I �°' / EASEMENT �y 5 LESL /E ✓ENK /NS 2216 sq.ft. , � �• TPN 094 -0- 345 -00 -0 / 0.05 acres �'�� MH(916) .•e 3724 OLD McDUFF /E ROAD / HAZEL S /LLS N MERR /TT oT / 7PN 094 -0- 002 -01 -0 , �� - - O o 3728 OLD McDUFF /E ROAD 10 , • o '' / CO U l's� / PLAT REF.: = O •� , 0 25 0 100 i � N. ` / SEC, 2 —D LOT 23 —J V c � GRAPHIC SCALE R.R. 45, PG. 2150 w'*- Z L EASEMENT PLAT AUGUSTA COMMISSION Scale: 1" = 50' A w BUTLER CREEK INTERCEPTOR- URGRADE WEST I w U FOR: BUTLER CREEK BASIN - PROJECT NO. 60106 Date: 07 - 27 - 09 >, Description: . c PROPERTY LOCATED IN THE 89th G.M.D. U o COUNTY OF: RICHMOND STATE OF: GEORGIA ( F i, c i° � , `► .�? co ry = GEORGE N0 19 0 M � N = L. GODMAN ASSOCIATES = GEORGIA REGISTERED LAND SURVEYOR 1977 < I Z Q 2 T ,- 0 CV IN SOUTH CAROLINA REGISTERED LAND0 §URVEYOR 6268 O S U R`i c •- 1280 MERRY STREET C O a� N AUGUSTA, GEORGIA PHONE: (706) 738 -0749 30904 4 ' L. G w Q ° EQUIPMENT USED: ANGULAR CtOSURE: TRAVERSE CLOSURE: i WILD 1001010 TOTAL STA. 00'- 00' -03" /STA. RADIAL TRAVERSE ADJUSTMENT: NONE 12/3/2009 9: 15: 19 AM K: \420602 \CIVIL \EASEMENTS \3726 OLD MCDUFFIE RD.DWG AUGUSTA, GEORGIA OPTION FOR EASEMENT PROJECT: 60106 — Butler Creek Interceptor Upgrade, West Augusta Utilities Department PARCEL IDENTIFICATION NUMBER: 094 - 346 - 00 - ADDRESS: 3726 Old McDuffie Road THIS INDENTURE made and entered into this 11 day of Aio VC-An /3M2010, between Shelley L. McCue a /k/a Shelly L. McCue, 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 ONE DOLLAR ($1.00), the receipt whereof is hereby acknowledged, and in consideration of the benefits derived by said Owner from the proposed Project mentioned herein, has agreed to be bound, and to bind her representatives, assigns and heirs as follows: If Augusta shall, within one hundred and eighty (180) days from the date first written above, pay the sum of $1,593.00, the Owners agree to execute and deliver to Augusta easements to the hereinafter described parcel of land. Said easement consists of 2,216 Square Feet, more or Tess, of exclusive permanent access, utility and maintenance easement and 2,189 Square Feet, more or less, of temporary construction easement, as shown on a plat prepared by George L. Godman & Associates, dated July 27, 2009, attached hereto 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, adding, operating, repairing and maintaining pipelines transporting and carrying utility services. And no agreement that would adversely affect these rights has been, or will be, made within the option period. IN WITNESS WHEREOF, Owner has set her hand and seal, the day and year first above written. Signed, Sealed and Delivered in the presence of: OCIALAi C7 //le 0 TNES Shelley L. McC ,e a /k/a Shelly Ld cCue Notary Public Richmond County, Georgia My Commission Expires: 16 /2 /12_ ) Accepted by: AUGUSTA, GEORGIA ,AW (�''t// .' NOTE: THE PERMANENT / / EASEMENT SHALL BE ' if. CENTERED ON THE SEWER, /FO" ' 1/ AS SHOWN OR AS BUILT. 0• 's.� fi 1/ \ `- \ -, 2- , ' i` / \ MH(917) RUTH MILLER DAf/lD CHARLES SAVAGE ' s k7 s :s' 7PN 094 -0- 429 -01 -0 7PN 094-4-002-00-0 3733 OLD McDUFFIE ROAD / c � � . \ 3727 OLD McDUFFIE ROAD T , ■ , Q N / v3 / \A/ 1-- . 4 (PTV\ / I / I : 2 , . Is's' , '' ' Q' 431 , j R �g . � I l = 157.65 \ \ \ \ \ A / Q0� k�' R 0,..: =1 00.31 \ �! \ \ / ' so 7,- \ \ h Ix ' / I .. ' / . ..1 SHELL Y L McCUE N \ � �. / ; A 1 - � %.: TPN 094 -0- 346 -00 -0 \ X �Q 10' TEMPORARY ' � hti I.::. •s /' . i 3726 OLD McDUFF /E ■ \ \ CONST. E'SMT. �. ‘h ,:::� .::. / 10' TEMPORARY < ROAD 930 sq.ft. / /..;.. N ■ N 0.02 acres ,/ �� I''• N CONST. E'SMT. / / B� e I•.:.•... ' • / \ 0 6 4<c' 0 sq.ft 03 . s �- / / h°' �h 0.03 acres 20' PERMANEN s�oo ,�: .•'.• . .. . I 0�� / EASEMENT / 5 LESLIE ✓ENK/NS 2216 sq.ft. I �j : : 72, TPN 094 -0- 345 -00 -0 / 0.05 acres 1 � ;: � MH(916) � 3724 OLD McDUFF /E ROAD / HAZEL S /LLS 71? MERR/TT ®-'� 7PN 094 -0- 002 -01 -0 , 3728 OLD McDUFF /E ROAD 10 , • °�' �� / h - '� \ / PLAT REF.: 0 25 50 100 \ \ / SET, 2 –D LOT 23 –J GRAPHIC SCALE R.R. 45, PG. 2150 EASEMENT PLOT AUGUSTA COMMISSION Scale: 1" = 50' BUTLER CREEK INTERCEPTOR— URGRADE WEST FOR: BUTLER CREEK BASIN — PROJECT NO. 60106 Date: 07 - 27 - 09 Description: PROPERTY LOCATED IN THE 89th G.M.D. • . .. . COUNTY OF: RICHMOND STATE OF: GEORGIA S E / GEORGE L. GODMAN & S ` N ; il i �, AS OCIATES PROFESSIONA ,, GEORGIA REGISTERED LAND SURVEYOR 1977 ' 7 ' A Q SOUTH CAROLINA REGISTERED LAND06URVEYOR 6268 O S U R `I �' 1280 MERRY STREET C � O AUGUSTA, GEORGIA PHONE: (706) 738 -0749 30904 c L. G EQUIPMENT USED: ANGULAR CtOSURE: TRAVERSE CLOSURE: WILD 10C1010 TOTAL STA. 00'- 00'- 03 " /STA. RADIAL TRAVERSE ADJUSTMENT: NONE f 12/3/2009 9:15:19 AM K: \420602 \CIVIL \EASEMENTS \3726 OLD MCDUFFIE RD.DWG