HomeMy WebLinkAboutDEED OF DEDICATION SAVANNAH RIVER BANKING CO (GRAVITY SANITARY SEWER SYSTEM)AFTER RECORDING, PLEASE
RETURN TO:
AUGUSTA LAW DEPARTMENT
520 Greene Street
AUGUSTA, GA 30901 -4415 ksb
STATE OF GEORGIA
COUNTY OF RICHMOND
Book 01351:0209 Augusta - Richmond County
2012029380 07/06/2012 13:30:59.00
$0.00 QUITCLAIM DEED
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2012029380 Augusta - Richmond County
DEED OF DEDICATION
SAVANNAH RIVER BANKING CO.
[Gravity Sanitary Sewer System]
WHEREAS, SAVANNAH RIVER FINANCIAL CORPORATION, a Georgia
corporation, hereinafter known as "DEVELOPER ", owns a tract of land in Augusta - Richmond
County, Georgia, abutting Walton Way Ext. (PIN 023 -0- 347- 00 -0), and SAVANNAH RIVER
BANKING COMPANY, a federal savings bank, hereinafter known as "BANK" owns an
adjacent tract of land (PIN 023 -0- 347- 01 -0), and GEORGIA REHABILITATION INSTITUTE,
INC., a Georgia non - profit corporation, owns an adjacent tract of land (PIN 023 -0- 005- 01 -0),
and BERNARD S. DUNSTAN, JR., MICHAEL RUBEN, and J. R. DUNSTAN FAMILY
LIMITED LIABILITY LIMITED PARTNERSHIP, a Georgia limited liability limited
partnership, owns an adjacent tract of land (PIN 023 -0- 006- 00 -0), these later parties together
hereinafter known as "GRANTOR "; and
WHEREAS, during the development of the property belonging to DEVELOPER
and BANK, DEVELOPER did construct a gravity sanitary sewer system; and
WHEREAS, said gravity sanitary sewer system is shown on a Plat prepared by
Toole Surveying Company, Inc., dated January 13, 2012, revised April 13, 2012, which is
attached to and recorded with this document and to which reference is hereby made for a more
complete and accurate description as to the land herein described; and
WHEREAS, it is the desire of DEVELOPER, BANK and GRANTOR, to deed
and dedicate the gravity sanitary sewer, along with easements over said system, to AUGUSTA,
GEORGIA, (hereinafter known as "AUGUSTA "), a political subdivision acting by and through
the Augusta - Richmond County Commission for maintenance and control; and
Page 1 of 7
WHEREAS, GRANTOR did grant DEVELOPER, certain easement rights, as
shown in a "Declaration of Sanitary Sewer Easement ", dated December 6, 2007, and recorded in
the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 1156,
Pages 2323 -2327, and a "Declaration of Sanitary Sewer Easement ", dated February 20, 2008,
and recorded in said Clerk's office, in Realty Reel 1170, Pages 1760 -1765; and
WHEREAS, it is the desire of GRANTOR and DEVELOPER to give, transfer,
deed and dedicate said easement rights to AUGUSTA, and agree that this Deed of Dedication
will supersede and replace the two afore described said "Declaration of Sanitary Sewer
Easement" ; and
WHEREAS, AUGUSTA, by and through the Augusta - Richmond County
Commission, has consented and agreed to accept and maintain said gravity sanitary sewerage
system and easements; and
WHEREAS, DEVELOPER, BANK and GRANTOR have agreed that neither
AUGUSTA, nor any of its departments, shall maintain individual force mains and /or grinder
pumps and that said individual force mains and/or grinder pumps shall remain private;
l day of al e_., , 2012
NOW, THEREFORE, this indenture made this
between DEVELOPER, BANK, GRANTOR and AUGUSTA,
WITNESSETH:
Book 01351:0210 Augusta - Richmond County
2012029380 07/06/2012 13:30:59.00
That DEVELOPER, BANK and GRANTOR, for and in consideration of the sum
of Ten and no /100 ($10.00) Dollars, to it in hand well and truly paid by AUGUSTA, at and
before the sealing and delivery of these presents, the receipt of which is hereby acknowledged
and for the further consideration of the benefits to its property by the maintenance of said water
distribution system and gravity sanitary sewerage system, by AUGUSTA, have and do by these
presents, grant, bargain, sell and confirm unto AUGUSTA, its successors and assigns, the
following, to -wit:
Exclusive 20 foot easement(s) in perpetuity over the entire gravity sanitary
sewerage system, as shown on the aforementioned plat.
Together with all of the necessary rights of ingress and egress for the
purpose of maintaining, expanding, repairing, adding, constructing,
installing, extending, operating, replacing, laying and relaying pipelines
carrying and transporting Augusta's utilities services; and
Page 2 of 7 '
Book 01351:0211 Augusta - Richmond County
2012029380 07/06/2012 13:30:59.00
DEVELOPER, BANK and GRANTOR do further agree that when construction or
maintenance is necessary, AUGUSTA may dig such trenches in said property, as may be
necessary for the project; to pile and store 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 property, along with the free right of ingress and egress to and from
said permanent easements for these purposes.
In the event AUGUSTA disturbs any ground during the exercise of its rights with
respect to the Property, AUGUSTA shall return such ground to its substantially, or nearly as
reasonably possible, pre- disturbed condition, in a commercially reasonable manner and time
frame.
DEVELOPER, BANK and GRANTOR also grant AUGUSTA the right, but not
the duty, to clear and keep clear, all trees, undergrowth and other obstructions from said
permanent easement, along with the right of free ingress and egress to and from said permanent
easement for this purpose.
DEVELOPER, BANK and GRANTOR further agree that no trees or other
vegetation that may interfere with the constructing, laying, relaying, replacing, installing, adding,
expanding, extending, operating, repairing and maintaining of pipelines transporting and
carrying utility services shall be planted on said easement(s) and that no buildings, structures, or
other permanent improvements shall be erected, constructed, or maintained thereon; and, if such
prohibited trees, vegetation, buildings structures, or other permanent structures (hereinafter
referred to as "obstructions ") are placed, built, planted within said permanent easements, such
action will be considered a violation of this agreement and Augusta shall have the absolute right
to immediately remove, or have removed, such obstructions and shall bear no responsibility, or
liability, for said obstruction's value.
TO HAVE AND TO HOLD said gravity sanitary sewerage system, together with
all and singular, the rights, members, appurtenances thereof to the same being, belonging, or in
anywise appertaining to the only proper use, benefit and behoof of AUGUSTA, its successors
and assigns forever.
AND DEVELOPER, BANK and GRANTOR, their heirs, legal representatives,
successors and assigns, will warrant and defend the right and title to the above described
property, to AUGUSTA, its successors and assigns, against all claims of all persons whosoever.
IN WITNESS WHEREOF, DEVELOPER, BANK and GRANTOR have each
hereunto set its hand and affixed its seal the day and year first above written.
[EXECUTION ON FOLLOWING PAGE]
Page 3 of 7
EXECUTED under seal the day and year first above written.
Notary Public
My Commission
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ealed and delivered
Notary Public
Columbia County, GA
My Commission Expires
September 23, 2012
ed and delivered in
Notary Public
Columbia County, GA
My Commission Expires
September 23, 2012
Book 01351:0212 Augusta - Richmond County
2012029380 07/06/2012 13:30:59.00
CORPO'' ON a Ge _ia corporation
/ ,
SAVANNAH RIVER FINANCIAL
By:
Print Name:
Title: /'i its 6/94 //7/
Attest:
As Its:
SAVANNA RIVER BANKING COMPANY,
a federal
By: _ `f ii/
Print Name: 2 V%
Title: la / (, ?6, ('/7/ /
Attest:
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(Seal)
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Page 4 of 7
Signed, sealed and delivered in
the presence of:
icial fitness
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My Commission
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(Notarial Seal)
Book 01351:0213 Augusta - Richmond County
2012029380 07/06/2012 13:30:59.00
GEORGIA REHABILITATION INSTITUTE,
INC., a Georgia non -profit corpor
By:
Print Name: ;, )` -yt rj
Title: C L �4
Attest: 1'y�
As Its: /10.1-- ' S ro c, &.41,4 .
(Seal)
Page 5 of 7
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Book 01351:0214 Augusta - Richmond County
2012029380 07/06/2012 13:30:59.00
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MICHAEL RUBIN
(L.S.)
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Book 01351:0215 Augusta - Richmond County
2012029380 07/06/2012 13:30:59.00
J.R. DUNSTAN FAMILY LIMITED
LIABILITY LIMITED PARTNERSHIP, a
Georgia limited liability limited partnership
(Seal)
By: /'p,
Accepted:
By:
Attest
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Title:
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M. aret i. Dunstan
As its General Partner
AUGUSTA, GEORGIA, a political subdivision of
the State of Georgia, acting by and through the
Augusta Commission (Seal)
rint Name: 'A A4 J6
Title: fl-C
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Book 01351:0216 Augusta - Richmond County
2012029380 07/06/2012 13:30:59.00
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RICHMOND COUNTY, GEORGIA
SAVANNAH RIVER BANKING CO.
- Prepared By-
Toole Surveying Company, Inc.
308 4th Street Phone (708) 722 -4110 Augusto. Georgia 30901
Foe (708) 722 -4118 www.toole,erveying.eoe,
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REV. 110.
4/13/12
DATE
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Elaine C. Johnson
Clerk of Superior Court
ROAD NAME
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