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Home My WebLink AboutEASEMENT DEED AND MEMORANDUM OF UNDERSTANDING WITH FORUM W.S. LLC 2834 WASHINGTON ROAD SANITARY SEWER PIPELINEAFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 Greene Street AUGUSTA, GA 30901 -4415 KEC and Book 01362:0355 Augusta - Richmond County 201204087410/01 /201214:15:22.01 $0.00 AGREEMENT 11111111111 111111111111111111111111111 ! 1! ! 11!! 111111111 1111 2012040874 Augusta - Richmond County MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the "Memorandum ") made this / day of SQ�� , 2012, by and between FORUM W.S., L.L.C., a Limited Liability Company established under the laws of the State of Georgia, hereinafter known as "Forum ", and AUGUSTA, GEORGIA, a Political Subdivision of the State of Georgia, hereinafter known as "Augusta ". WHEREAS Forum and Augusta have agreed to enter into a collaborative agreement; WHEREAS Forum and Augusta desire to enter into this Memorandum setting forth the general and basic terms, conditions, services, rights, duties, and obligations to be provided by respective parties through this Memorandum; 1.0 PURPOSE The purpose of this Memorandum is to delineate the responsibilities of each party for the sanitary sewer pipeline known as the Books -A- Million, Steinmart, or Washington Square Shopping Center Sanitary Sewer. 2.0 BACKGROUND Forum W.S., L.L.C. owns a private sanitary sewer pipeline that traverses Washington Square Shopping Center, which, from time to time, has experienced spillage incidents. These incidents have resulted in time spent in locating and removing the blockages, cleaning up and mitigating the spills, and Environmental Protection fines. Augusta was asked if it could help to rectify this situation. To that end, Augusta has proposed extending Page 1 of 4 Book 01362:0356 Augusta - Richmond County 2012040874 10/01/2012 14:15:22.01 a pipeline, from a nearby public sanitary sewer, to the Washington Square sanitary sewer, and diverting the Washington Square sanitary sewer into the public sanitary sewer. The Augusta proposal would require assurances, from Forum, regarding their responsibility for what will be the remainder of the functioning Washington Square sanitary sewer, and the donation of a permanent access and utility easement, as well as temporary construction easements, for the construction of the sanitary sewer diversion pipeline. 3.0 UNDERSTANDING Forum its successors assi ns and le ' al re.resentatives a• ree to the followin a. Forum will retain ownership of and be responsible for the operation, maintenance, upkeep, repair, and replacement of what will be the remainder portion of the private Washington Square sanitary sewer, from the point of tie in to Augusta's diversion pipeline and extending to its end point at Washington Road. Forum will remain responsible for, and will rectify, any issues, or problems, that emanate from this remainder pipeline. Augusta will have absolutely no responsibility for, or to, the remainder pipeline. b. Forum will donate an easement, as shown on a plat prepared by Cranston Engineering Group, P. C., dated May 31, 2012, 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. The Deed, for said easement, to be executed and given to Augusta with this Memorandum of Understanding. c. This document shall be recorded in the Realty Records of the Office of the Clerk of the Superior Court of Richmond County, Georgia, and will attach to, and run with, the land known as 012 -0- 123 -08 -0, 2834 Washington Road, Washington Square Shopping Center. Augusta agrees to the following: If Forum should bring the remainder sanitary sewer pipeline up to the Current code and specifications for sanitary sewer systems, and the pipeline passes the inspection of the Augusta Utilities Department, Augusta will accept said remainder sanitary sewer pipeline, and provided that Forum donates to Augusta: Page 2 of 4 WITNES (SEAL) � sdr NOTARY PUBLIC IktemitleND COUNTY, STATE OF GEORGIA MY COMMISSION EXPIRES: .31 .9-0 I / BY: Book 01362:0358 Augusta - Richmond County 040874 10/01 /2012 14:15:22.01 2012040874 22.01 Page 4 of 4 AUGUSTA, GEORGIA ATTEST a NAJ _ )�e> � x. � A�; �'�S' ,CLE OF � NOTA ic t , + , STATE OF �GEORGIA i S y IMES: /'/49'/S =I � 0 s : , ! Na G ii1 ` 4 :4Y.« e r' "' �'C am • FORUM W.S L..L.C. As ITS: As ITS: Filed in this office: Augusta - Richmond County 10/01/2012 14 :15:22.01 Elaine C. Johnson Clerk of Superior Court AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 Greene Street AUGUSTA, GA 30901 -4415 KEC AUGUSTA, GEORGIA EASEMENT DEED Book 01362:0351 Augusta - Richmond County 2012040873 10/01/2012 14:15:22.00 $0.00 EASEMENT 11111111111111111111111111111111111111 I 11111 !!!II viii!Illil iirni 111111111111111! III i hill 1111! Ili 2012040873 Augusta - Richmond County PARCEL IDENTIFICATION NUMBER: 012 - 123 - 08 - ADDRESS: 2834 Washington Road THIS INDENTURE made and entered into this /'(day of 2012, between FORUM W.S., L.L.C., a Limited Liability Company established under the laws o the State of Georgia, hereinafter referred to as OWNER, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as AUGUSTA; 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 easement in perpetuity under, across and through the hereinafter described parcel of land. Said easement consists of 1,310 Square Feet (0.03 acre), more or less, of permanent Utility and Access easement, and is marked as "20' Permanent Utility and Access Easement" on a plat prepared by Cranston Engineering Group, P. C., dated May 31, 2012, 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 accessing, laying, adding, relaying, expanding, installing, extending, operating, repairing and maintaining pipelines transporting and carrying utility services. Owner does also grant unto Augusta temporary construction easement consisting of 805 Square Feet (0.02 acre), more or less, and is marked 5' Temporary Construction Easement on said plat. Said temporary construction easement is granted together with the right to dig such trenches in said parcel of land as may be necessary for the Project, 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 construction easement shall expire at the completion and final acceptance of this pipeline by Augusta. Owner does also grant, bargain, sell and convey unto Augusta, its successors and assigns, the right, but not the duty to clear, and 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 does agree that no other utilities may be constructed within the aforesaid easement in perpetuity except by written permission of the Augusta Utilities Department. 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, excluding, however, the right to plant thereon any trees or other vegetation that may interfere with the accessing, laying, adding, relaying, installing, expanding, extending, operating, repairing and maintaining of pipelines transporting and carrying utility services. Owner further agrees that no buildings, structures, or other permanent improvements shall be constructed, built, erected, moved onto, set -up, or maintained, within the limits and boundaries of the 20' Permanent Utility and Access Easement. TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges and appurtenances unto Augusta, its successors and assigns, 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 whomsoever. 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: NOTARY PUBLIC ward County, Georgia My Commission Expires: (SEAL) (Signatures continued on next page.) Book 01362:0352 Augusta - Richmond County 2012040873 10/01/2012 14:15:22.00 FORUM W.S., L.L.C. Bv: As Its: is aroK.;i eve. By: As Its: Approved and Accepted By: WITNES 127- 9.1 j. > NOTARYWBLIC ( Georgia Book 01362:0353 Augusta - Richmond County 2012040873 10/01/2012 14:15:22.00 By: AUGUSTA, GEORGIA / t o David S. Copenhaver ciAti,Ats: Mayor 0 N 3 CN o_ N CD z 0 i r z 0 D s Ui W x I- z U, s N 0 N 0 W $, U 0 AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 Greene Street AUGUSTA, GA 30901 -4415 KEC EXISTING SANITARY SEWER MANHOLE 5' TEMPORARY CONSTRUCTION EASEMENT 0.02 ACRE (805 S.F.) LEGEND: N/F — NOW OR FORMALLY 1M — TAX MAP R/W — RIGHT OF WAY Filed in this office: Augusta - Richmond County 10/01/2012 14:15:22.00 in 4 , 0 . [ Z iI LZ }I z CD N I F NI W ( TECHNICAL DATA DATE OF SURVEY — MAY, 2012 EQUIPMENT USED — THEODOUTE & E.D.M. ANGULAR PRECISION — 5" PER ANGLE FIELD PRECISION— 1 in 12,875 PLAT CLOSURE — 1 in 33,123 COMPASS ADJUSTMENT I N/F FORUM WS LLC TM* 012 -0- 123 -08-0 C/O THOMSON REUTERS P.O. BOX 56607 I ATLANTA, GA 30343 -9908 EXISTING SANITARY b SEWER MANHOLE "i N10'28'33 "E S84'29'41 " E 5.24111E) 72, 18' N84'29'41 "W 8. 68.85' 20' PERMANENT UTILITY AND ACCESS EASEMENT 0.03 ACRE (1,310 S.F.) r Jf +\ 8 \t`tlIV7111✓/ i i I I I (o 2 � - 1 N/F SECURITY LAND 01 AND DEVELOPMENT CO. A TM# 012 -0- 126 -01 -0 S10'28'33"W 5.02' St 0'28'33" W 5.02' 20' 10' 0 Book 01362:0354 Augusta - Richmond County 2012040873 10/01/2012 14:15:22.00 Q N/F FTD LLC TMs 018 -0- 068 -01 -0 EASEMENT MAP FOR 20' S C A L E I N FEET SCALE: 1" = 10' P R E P A R E D B Y 452 FT.T,TR STREET, AUGUSTA, GEORGIA 30901 POST OFFICE BOB 2546, AUGUSTA, GEORGIA 30903 Elaine C. Johnson TELEPHONE 706 - 722 -1588 Clerk of Superior Court FACSIMILE 706 - 8379 mail enm 40• MAGNETIC 66.62' SANITARY � 1 b, � SEWER'LINE ', N84'29"41 "W, ;64.40" PROPOSED NEW SANITAR SEWER MANHOLE Augusta, Georgia REFERENCES: 1. UTILITY EASEMENT PLAT FOR CITY COUNCIL OF AUGUSTA BY H. LAWSON GRAHAM AND ASSOCIATES DATED 11/7/94 LAST REVISED ON 1/16/95 2. PLAT FOR KNOX DEVELOPMENT COMPANY BY CRANSTON, ROBERTSON, AND SHOWING TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT UTIUTY WHITEHURST, P.C. DATED JUNE 18, 1999 LAST REVISED 2/09/00 AND ACCESS EASEMENT FOR TMS 012 -0- 123 -08 -0 LOCATED IN THE 90TH G.M.D. NOTE: 1. NO MONUMENTS WERE SET AT THE CORNERS OF THE EASEMENTS SHOWN HEREON AUGUSTA, RICHMOND COUNTY, GEORGIA May 31, 2012 Cranston Engineering Group, P.C. ENGINEERS - PLANNERS - SURVEYORS 2012 -0111