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Home My WebLink AboutSOUTHEASTERN FAMILY HOMES INC 2406 BEFAIR LAKES • ;. � , Book 01303:1008 August� - Richmond County • • � ' � � 2011023985 O6/02/2011 1 D33:S0.00 $0.00 EASEMENT � ' ��n� ��n ��n� ��5� ��ii ��ii� ��in,�� mn �l�� . i illiii iiili tilli Ilill illll tilil IIIII illil illli Iilll tli illi 2011023985 Augusta - Richmond County . SNEPARD, P1.UNKk'"f�, HAMILTOPI � BOUDREAUK �' 429 WS A GA ��, UPPER LE11Ei- AUGl1 AUGUSTA, GEORGIA EASEMENT DEED PARCEL IDENTIFICATION NUMBER: 082-1-043-00-0 ADDRESS: 2406 Belfair Lakes THIS INDENTURE and DECLARATION OF EASEMENTS is made and entered into this �3 day of 2011, between Southeastern Family Homes, Inc., a company established under th laws of the State of Georgia, hereinafter referred to as OWNER, and Augusta, Georgia, a political subdivision under the laws of Georgia, hereinafter referred to as AUGUSTA; WHEREAS, Southeastern Family Homes, Inc., 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 eaasements, 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 436 square feet, more or less, as shown on a plat prepared by George L. Godman & Associates, dated July 27, I 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 � Book 01303:1009 Augusta - Richmond County ' . • ,' , , 2011023985 06f02/2011 10:33:50.00 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, 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 11,634 square feet, more or less, 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 #he 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, its heirs, 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, excludinq, 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 services and excludina 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, its heirs, 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 claiming under or through Owner. " • Book 01303:1010 Augusta - Richmond County � ' �� . ' 2011023985 06/02/20� 1 10:33:50.00 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: SOUTHE TERN F MILY HOMES, INC. � ' � __. . ___ ' � v�� By: _ _ WITN SS t ty � Printed Name: �� J• i' 1.i �� . As Its: Attest: Printed Name: t� ��5 as its: �, c� ar�s. J�k NOTAR PUBLIC ��C�b►noric� County, Georgia My Commission Expires: �� `�� i �ti�� G �NA M. C� � `` .� O Q. ��.........,� � �i �`��• � � �;� 9 � � : �� .. � �o: .�� <� • �, — C� : 'o(/BL�G ; C? � . : � . � 'I � O I,/ 4 ��..... Gi, * �i ��,'� � N'(`(````� . • Book 01303:1011 Augusta - Richmond County -. • '.� - - r � 2011023985 06/02/2011 10:33:50.00 � ,� EXHIBIT A Parce182-1-43 is a portion of a11 that lot, tract or parcel of land, with any improvements thereon, situate, lying and being in Richmond County, Georgia, fronting 1,526.88 feet on the southern boundary of the right-of-way of U.S. Highway #78 and #278 (also known as Georgia State Route #10) containing 67.0 acres being shown and designated as parcel A on a plat by Cranston, Robertson & Whitehurst, P.C. dated November 3, 2000, a copy of which is recorded in the Office of the Superior Court of Richmond County, Georgia in Book 706, Page 797. Reference is hereby made to said plat and it is incorporated herein and made a part hereof for a more complete and accurate description of the metes, bounds and location of said property. Being the same property conveyed by Georgia Vitrified Brick & Clay Co. to Southeastern Family Homes, Inc. by a Warranty Deed dated November 6, 2000 and filed with the Clerk of Superior Court of Richmond County in Book 706, page 799. Map & Parcel # 082-1-043-00-0 (2406 Belfair Lakes) i � i - ' , � � � , . AUGUSTA, GEORGIA OPTION FOR EASEMENT PROJECT: 60106 - Butier Greek Interceptor Upgrade, West Augusta Utilities Department PARCEL IDENTIFICATION NUMBER: 082-1-043-00-0 ADDRESS: 2406 Belfair Lakes THiS INDENTURE made and entered into this � day of rl l 2011, between Southeastern Family Homes, Inc., hereinafter referred #o as QWNER, and Augusta, Georgia, a politicai subdivision under the laws af Georgia, hereinafter refened to as AUGUSTA; WlTNESSETH, that Qwner, for and in consideration of ONE DOLLAR ($1.Ob), the receipt whereof is hereby acknowledged, and in consideration of the benefits derived by said Owner from the proposed Project mentioned herein, Owner agrees to be bound, and to bind their representatives, assigns and heirs as follows: If Augusta shalf, within one hundred and eighty (180) days from the dete first written above, pay the sum of $760.d8 the Owner agrees to sxecute and deliver to Augusta easements to #fie hereinafter tlescribed parcel of land. Said easement consists of 436 Square Feet, more or less, of exciusive permanen# access, utility and maintenance easement and 11,634 Square Feet, mnre or less, of temporary construction easement, as shawn a� a plat prepared by George L. Godman & Associates, dated Juty 27, 2009, attached hereto and made a part hereof, to which reference is made for a more accurate and compiete description of the metes, bounds and courses, and being for the purpose of laying, relaying, instailing, extending, adding, operating, repairing and maintaining pipelines Vansporting and carrying utility services. And no agreementthat would adversely affect these rights has been, or wiN be, made within the option period. IN WITNESS WHEREOF, Qwner has set its hand and seal, the day and year first above written. Signed, Sealed and Oelivered in the presence of: SOUTHEA ER A Y kOMES, iNC. \ WIT S �� By As its: C ��- Notary P lic, i� m Gounty, Georgia My Commissio� Expires: . l c2 - 3 Sy: As lts: `` �� 1 �� i .�� P M • �'Qq�'�►, .�� '� � • C? 9 � � � � � Accepted by: � � • �� Q � . AUGUSTA, GEORGIA 'y� '�/91.�G ��`: . ,, �� 0 �� COUI�'��` � inistrator ��IIIi1L11 �;! � �� `` Date a: J: l�l�.�lcarr q�lZ�/r� � , . MEMO ITEM DATE: Apri121, 2011 TO: Fred Russell, Administrator � Q ? FROM: James T. Plunkett, Attorney � � `'oS - �'° Adm�nistrator's a� THROUGH: Andrew G. MacKenzie, General Counsel e j ��` -� N M APR Z�1. � SUBJECT: Option for Easement N 60106 — Butler Creek Interceptor Upgrade, West `�� c,� Southeastern Family Homes, Inc. �s � Map & Parcel # 082-1-043-00-0 (2406 Belfair Lakes) 8�9g'bEZ�' CAPTION: Approve an Option between Southeastern Family Homes, Inc. and Augusta, Georgia for 11,634 sq. ft. of temporary construction easement and 436 sq. ft. of permanent access, utility and maintenance easement on property located at 2406 Belfair Lakes for a purchase price of $760.00. BACKGROUND: The properly owner has agreed to convey the referenced easement to Augusta, Georgia for a total of $760.00. ANALYSIS: The purchase of the referenced easement is necessary for the project. FINANCIAL IMPACT: The purchase of the referenced easement for said project will be covered under the project budget. ALTERNATIVES: Deny the request to approve the purchase of the referenced easement for said project. RECOMMENDATION: Approve the purchase of the referenced easement for the project. DEPARTMENT DIRECTOR: FUNDS AVAILABLE IN THE FOLLOWING ACCOUNT(S): 511043420-5411120 80360106-5411120 ADMINISTRATO � DATED: �f Zr j�/ � INANCE COMMITTEE ACTION: