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Home My WebLink AboutQUITCLAIM DEED BY GEORGIA POWER COMPANY TO CITY OF AUGUSTANO TRANSFER TAX DUE (EXEMPT PURSUANT TO O.C.G.A. § 48- 6- 2(a)(3)) GPC AUGUSTA MARVIN GRIFFIN DEED VI 2012 03 13.dor, WITNESSETH: Book 01338:2118 Augusta - Richmond County 2012017618 03/28/2012 15:20:07.00 $0.00 QUITCLAIM DEED I !111!! 11111 11111 hill IIII! 111111111111111111111111 111111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 1111 2012017618 Augusta - Richmond County After recording return to: James T. Plunkett Wa er p Level Augusta, Ua. 30901 QUITCLAIM DEED Made By GEORGIA POWER COMPANY TO CITY OF AUGUSTA, GEORGIA THIS QUITCLAIM DEED is made as of the /G f ay of March 2012 by and between GEORGIA POWER COMPANY, a Georgia corporation having its principal offices in Atlanta, Fulton County, Georgia, and whose address is BIN 10151, 241 Ralph McGill Boulevard, NE, Atlanta, Georgia 30308, Attn: Manager, Land Sales (hereinafter referred to as "Grantor "), and CITY OF AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, whose address is 530 Greene Street, Augusta, Georgia 30901 (hereinafter referred to as "Grantee "). FOR AND IN CONSIDERATION of the premises, the sum of TEN AND NO /100 DOLLARS ($10.00) in hand paid at and before the sealing and delivery of these presents, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Grantor has this day remised, released and quitclaimed and by these presents does hereby remise, release and quitclaim unto Grantee, its successors and assigns, all the right, title and interest, if any, which Grantor has or may have had in and to the "Property" (as hereinafter defined). "Property" means the Premises less and except the Facilities and the Reserved Rights. "Premises" means the property containing 1,970 square feet, more or less, identified as "R/W to Obtain" on Exhibit "A" attached hereto and by reference made a part hereof, together with a temporary construction easement over and across the property containing 1,322 square feet, more or less, identified as "Easement for Construction of Slope" on Exhibit "A" hereto. "Facilities" means any and all personal property, fixtures and equipment constituting all or any portion of any existing transmission or distribution lines or communications lines of Grantor or any affiliates of Grantor, including without limitation lines, poles, towers, frames, manholes, conduits, fixtures, appliances, wires, cables or equipment, or protective wires or devices, or communications lines, cables or equipment. "Reserved Rights" means the reservation by Grantor (and Grantor does hereby expressly reserve), unto itself, its successors and assigns, for the benefit of Grantor, its successors, assigns and such others (such as but not limited to Grantor's agents, contractors, subcontractors, licensees and permittees) as Grantor shall from time to time designate, of the rights, interests and easements from time to time and at any time, upon, over, across and under the Premises (i) to construct, install, use, patrol, obtain - access to, GPC AUGUSTA MARVIN GRIFFIN DEED VI 2012 03 13.doc 2 Book 01338:2119 Augusta - Richmond County 2012017618 03/28/2012 15:20:07.00 operate, maintain, repair, inspect, renew, rebuild, reconstruct, replace, improve, upgrade, enhance and add onto overhead and underground electric transmission and distribution lines, poles, towers, frames, manholes, conduits, fixtures, appliances, wires, cables and equipment, and protective wires and devices, and communications lines, cables and equipment (including, without limitation, "Communications Facilities" as hereinafter defined); and (ii) to construct, install, use, patrol, obtain access to, operate, maintain, repair, inspect, renew, rebuild, reconstruct, replace, improve, upgrade, enhance and add onto additional transmission, distribution, and communications lines, poles, towers, frames, manholes, conduits, fixtures, appliances, wires, cables and equipment, and protective wires and devices, including, without limitation, Communications Facilities [ "Communications Facilities" means (x) equipment, systems or facilities used for or in connection with communications by radio, including without limitation, microwave towers, mobile base radio towers, radio base repeater towers, telemeter transmitters, multiple address system radios or power line carrier equipment, and any permits, licenses or leases relating to anyone, or more of the foregoing, (y) equipment, systems or facilities used for or in connection with light wave communications over optical fibers, including without limitation, optical fibers, optronic or photo - optronic equipment, repeaters, junctions, splice enclosures or equipment for the conversion of light signals to or from radio or electronic signals, and (z) conduits, ducts, cables, lines, wires, fibers and other conductors (along with all necessary or convenient ancillary facilities, structures, appliances, devices, wires and other equipment) used or useful in the transmission, in any form, of writings, signs, signals, pictures, sounds, information, data or other similar content, and any permits, licenses or leases relating to anyone or more of the foregoing]; provided, however that the future installation, operation and maintenance of such facilities shall be in accordance with the applicable terms and provisions of certain agreements and policies and standards as set forth in Agreement between Grantor and Grantee, effective July 1, 1985, as the same may be modified, amended or replaced. The Property is quitclaimed by Grantor subject to all matters of record. TO HAVE AND TO HOLD the Property unto Grantee, its successors, and assigns, so that neither Grantor nor its successors, nor any other person claiming under Grantor, shall at any time claim or demand any right, title, or interest to the Property or its appurtenances. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE PROPERTY AND ANY BUILDINGS, OTHER STRUCTURES AND IMPROVEMENTS, FIXTURES AND REAL AND PERSONAL PROPERTY, IF ANY, HEREIN QUITCLAIMED ARE HEREBY QUITCLAIMED BY GRANTOR TO GRANTEE UPON AN "AS IS" AND "WHERE IS" BASIS, WITH ALL KNOWN AND UNKNOWN ENVIRONMENTAL CONDITIONS AND LIABILITIES (INCLUDING WITHOUT LIMITATION STRICT LIABILITY). NEITHER GRANTOR NOR ANY PERSON OR ENTITY OF ANY KIND OR NATURE WHATSOEVER ACTING FOR OR ON BEHALF OF GRANTOR EITHER HAS MADE OR HEREBY MAKES ANY REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO THE VALUE, QUANTITY, CONDITION, SALABILITY, OBSOLESCENCE, MERCHANTABILITY, FITNESS OR SUITABILITY FOR USE OR WORKING ORDER THEREOF. GRANTEE HAS ACQUIRED THE PROPERTY "AS IS" AND "WHERE IS ", WITH ALL KNOWN AND UNKNOWN ENVIRONMENTAL CONDITIONS AND LIABILITIES (INCLUDING WITHOUT Book 01338:2120 Augusta - Richmond County 2012017618 03/28/2012 15:20:07.00 LIMITATION STRICT LIABILITY). GRANTEE HAS MADE SUCH INSPECTION OF THE PROPERTY AS IT BELIEVES TO BE WARRANTED UNDER THE CIRCUMSTANCES AND HAS NOT RELIED UPON ANY REPRESENTATION OF GRANTOR. This instrument shall inure to the benefit of, and shall be binding upon, Grantor and Grantee and their respective successors and assigns. Grantee, by acceptance of this instrument, agrees to be bound by all the terms and provisions hereof. The Property is conveyed subject to the restrictions, agreements, easements, conditions and covenants set forth on Exhibit "C" attached hereto and by reference made a part hereof, and Grantee (by acceptance of this instrument) hereby covenants and agrees as set forth on Exhibit "C" hereto. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and its corporate seal to be affixed hereunto by its duly authorized officers as of the day and year first above written. Signed, sealed and delivered "GRANTOR" in the presence of: Witness My Commission Expires: [NOTARY PUBLIC SEAL] , ovitol1gb y`i 0 wH,7' , "i� GPC AUGUSTA MARVIN GRIFFIN DEED VI 2012 03 13.doc 3 GEORGIA POWER COMPANY By: ` /i // Its: Vice President -Land GPC AUGUSTA MARVIN GRIFFIN DEED VI 2012 03 13.doc Book 01338:2121 Augusta - Richmond County 2012017618 03/28/2012 15:20:07.00 Exhibit "A" Property Description Exhibit "A" Page 1 31111 111113F/TallITYAIN or wo OWPOI _MIA= tete / k 10) MITC111112 11201 TAU 01-2-090-02-0 ....••••••••"" •••• 097 PRO= & GAM= MAINPACTURNC COMPANY 136-0-110640-0 01011014 POW? COMPANY •.s 1344-08Z-094 EXHIBIT A 12, MICHAEL D. RALCY 13041-191-01-4 T.M.S. 134-0-002-00-0 ...... .... ....------ ..- ....-.....-..... ..... ----'-09304310.......-- -- ...----.....-- .... ..........."....... ............ MARVIN GRIFFN ROAD ..-----',.......... ... OP...WO a. ..o.P... OP. O......'"'S. \ ?Zs 1344.40404 RCA NOBS INC f - 1 KM REvisai witoi 21. 2406 To MATE 04sEuncr. COME° rwair_er_ray 111? FOR AUGUSTA-RICHMOND COUNTY COMMISSION =AND GI THE 86 111 ROGIORD =MY. AUGUSTA. GOLSCA DATE: SEPTFMRFft 1A, 2901 cr.A1 F t = 40' HUSSEY, GAY, BELL & DEYOUNG, INC. CONSULTING ENGINEERS AND SURVEYORS 329 COMMERCIAL CRIVE - SAVANNAH, GEORGIA, 31418 (912) 354-4826 lartignjW tr. so no. GPC AUGUSTA MARVIN GRIFFIN DEED V 1 2012 03 13.doc Book 01338:2123 Augusta - Richmond County 2012017618 03/28/2012 15:20:07.00 Exhibit "B" Improvements to Marvin Griffin Road prepared for Augusta- Richmond County, Georgia 8 ■••'; C": g 5; . § • . 1 I I P6 STA PA EL vvr STA 2400.00 141.53 2.25.00 1 I I 1511.EL 141.44 .... i IN. t 21 . i fl . . ...,. i ,... <1. 0 • / sssss falf/f,tm. 1/1.0.114-.1_11:1, Book 01338:2124 Augusta - Richmond County 2012017618 03/28/2012 15:20:07.00 uATCH L21( STA. 32 00 uATC,4 UNE STA. 36.00 SES SKET 22 IMPROVEMENTS 70 MARVIN GRIFFIN ROAD MOW= 10(1 AUGUSTA411CHIAORO COUNTY, GEORGIA PLAN 41421415111.3 • STA 32.00. STA 3440 :111.:141. 1.11 11E1.1. A 11401S;. I N1' f MSC NIfINI.ENN YMOOMIN. Of4fACK 107. NISI. IC 41.0.12 GPC AUGUSTA MARVIN GRIFFIN DEED VI 2012 03 13.doc Book 01338:2125 Augusta - Richmond County 2012017618 03/28/2012 15:20:07.00 Exhibit "C" SPECIAL STIPULATIONS ATTACHED TO QUITCLAIM DEED ( "Quitclaim Deed') BETWEEN GEORGIA POWER COMPANY ( "Grantor ") AND CITY OF AUGUSTA, GEORGIA ( "Grantee ") 1. In the event of any conflict between the terms and provisions of the Quitclaim Deed to which these Special Stipulations are attached and the terms and provisions of these Special Stipulations, the terms and provisions of these Special Stipulations shall control for all purposes. 2. Grantee agrees to restore or reconstruct, at Grantee's sole cost and expense, Grantor's facilities (including without limitation access ways from Grantor's facilities to the point of joinder with the paved road within the right of way and all grassed and graveled areas, and the existing culvert system) to their condition prior to Grantee's entry upon the Premises to the extent such facilities were damaged or destroyed or removed or otherwise affected by the entry upon the property by Grantee, its agents, employees or contractors, or the exercise by or on behalf of Grantee of Grantee's rights under the Quitclaim Deed (including but not limited to any such damage or destruction caused by Grantee's contractors). 3. Grantee hereby agrees and covenants not to use, and will prohibit agents, employees and contractors of Grantee from using, any tools, equipment or machinery within ten (10) feet of Grantor's overhead conductors located on or in the vicinity of the Premises. Grantee further agrees to notify any contractors that may be employed by Grantee of the existence of the Official Code of Georgia Section 46 -3 -30 et seq. (HIGH VOLTAGE SAFETY ACT), and the Rules and Regulations of the State of Georgia Section 300 -3 -7.01 et seq., and to require that all work be performed in compliance with said code sections and regulations by including same as a requirement in any contract let as a result of said bid. 4. Grantee shall not refuel equipment under any electrical conductors of Grantor which are located on, over or adjacent to the Premises. 5. The temporary construction easement shall be subject to the following additional terms and conditions: A. Grantee (a) shall make reasonable efforts to use the temporary easement area (the area identified as "Easement for Construction of Slope" on Exhibit "A" hereto) and conduct its activities in such a manner as will not interfere with Grantor's facilities, and (b) Grantor and Grantee shall make reasonable efforts to coordinate uninterrupted access to and from Grantor's facilities. B. Grantee shall be solely responsible for and shall pay all costs and expenses arising out or in any manner connected with the exercise of Grantee's rights under the temporary construction easement. C. The use of the temporary easement area by Grantee shall be at the sole risk Exhibit "C" Page 1 Book 01338 :2126 Augusta - Richmond County 2012017618 03/28/2012 15:20:07.00 and expense of Grantee, and Grantor is specifically relieved of any responsibility for damage to the facilities and property of Grantee resulting or occurring from the use of the temporary easement area by Grantee. The foregoing provisions of this grammatical paragraph shall not apply to damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole or apportionable negligence of Grantor. D. Grantee shall cause Grantee's contractor to obtain Commercial General Liability Insurance insuring against any and all liability for injury to or death of a person or persons and for damage to property arising out of the condition, use, or occupancy of the temporary easement area pursuant hereto, or in any way occasioned by or arising out of the activities of Grantee, its agents, contractors, employees, sublessees or invitees on the temporary easement area. The limits of such policy shall not be less than $1,000,000 for each occurrence. Such insurance shall be endorsed to cover independent contractors and contractual liability. Grantee shall obtain evidence of the insurance policy described in this paragraph, prior to entering on the temporary easement area for any purpose. All policies required hereunder shall contain an endorsement providing that the insurer will not cancel, non - renew or materially change the coverage of said policy or policies. E. The temporary construction easement and all rights of Grantee in and to the temporary easement area shall cease and terminate twenty -four months following the execution of the Phase II construction agreement or upon execution of the release of the contractor's obligations by Grantee, whichever shall later occur. 6. The parties agree that the Grantee and Grantor will perform all work under the Quitclaim Deed (including without limitation this Exhibit "C ") in accordance with the specifications set forth in Exhibit "B ", entitled Improvements to Marvin Griffin Road prepared for Augusta- Richmond County, Georgia, attached hereto and by reference made a part hereof. GPC AUGUSTA MARV IN GRIFFIN DEED VI 2012 03 13.doc Exhibit "C" Page 2 Filed in this office: Augusta - Richmond County 03/28/2012 15:20:07.00 Elaine C. Johnson Clerk of Superior Court