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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 I !11!!! 111111111I !1111 !!III 11111111111111111111 INN 11111111 1 111111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 1111 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 Expires: iodari My Commission Expires: ataxia: Seal) 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: As Its: (Seal) S - �aui�. Page 4 of 7 Signed, sealed and delivered in the presence of: icial fitness Notary Public My Commission Expires: 1 / /.2S/ 2 C/q} (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 Signed, sealed and delivered in the pre -ice of: . _ gm Notary Public My Commission (Notarial Seal) Signed, sealed and delivered in the nce of: cial Witn Notary Public My Commission (Notarial Seal) 00139276 -1 00111M/il , s e` w NICE C NOt e '` v : '� r . Expires: I ,Q •` m C� • •�t 9L I C : `t i t 0 0, •• • • 4. .... • .•+ P NTY otilitts a UNIC #i Expires: , ......• F B � i o ,-C.:1# n '1. 4: Z : C i %. rni i) i • • ; . gi p. BC IC • 0 � o •• �� 213 G..::„ `� Tioe C) ......•. 0 :::, V Book 01351:0214 Augusta - Richmond County 2012029380 07/06/2012 13:30:59.00 4 MICHAEL RUBIN (L.S.) Signed, sealed and delivered in the pre = s ce of: wcAlcs. cial Witn s 11111 /tg � .C F� , •i •C) s• M ISS% •••i,'. My Commission Expi� • Tn T • �A (Notarial Seal) = At/ �Ns m ; .�•? • Q` . U , a •. 2013 ..• Not r Public Signed, sealed and delivered in the presence of: Unofficial itness My Com>rn j74?- /4 00139276 -1 NTy, 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 Print N Title: 5 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 1///// z M 0 —h V S a PROJECT ORE: Fi ed in this office: Augusta - Richmond County 07/06/2012 13 :30:59.00 _06 LPG .L9'BCZ I � s ; M /2f 0Z r7N II 1 II M..,...L49 4 I N y 1 z< oGq I vee o2 1'•` ,L9'99t 3.9C,L9dSN 1 0-00-900 ru O. u . , \ ` 1 1 •S OMVN2138 4/N % IL HP 'NY.i.sNno `\ \ \ SHEET OTLE: PLAT FOR 0-10-600-0 -EEO rd Y ONI 'NOLL11I8VH38 VIO21030 4/N % Book 01351:0216 Augusta - Richmond County 2012029380 07/06/2012 13:30:59.00 M 5 9,LALSS 8 i Ad a ,C mat 0L9M _ n , 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, urs REV. 110. 4/13/12 DATE A , F ��9 ;01 gpti gwl Elaine C. Johnson Clerk of Superior Court ROAD NAME DESCRIPIMN