HomeMy WebLinkAboutBENTON HOUSE DEED OF EASEMENT & ABANDONMENT OF EXISTING EASEMENT AND MAINTENANCE AGREEMENT EASE 1563 Pg 804
121111101111111 IIIIIIIIIIIIIIIIII III 1Filed and Recorded:
/4/2017 8:26:63 AM
Transfer Tax$0.00 Hattie Holmes Sullivan
Clerk of Superior Court
Recording Fee:$0.00 Augusta Richmond County,
(SPACE ABOVE RESERVED FOR CLERK'S USE]
After recording please return to:
Augusta Law Department
Attn: Kayla E. Cooper, Esq.
535 Telfair Street, Building 3000
Augusta, GA 30901-2386
STATE OF GEORGIA
RICHMOND COUNTY
DEED OF EASEMENT AND DEDICATION
and AN ABANDONMENT OF AN EXISTING EASEMENT
(Easement Exchange)
(Parcel Identification Number 030-1-002-00-0 "Tract A" and 030-1-002-01-0 "Traci:
B")
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THIS INDENTURE, made and entered into this (J day of eUeedi " 2016,
between Augusta SLP, LLC, a Georgia limited liability company, hereinafter
referred to as "SLP" , Highland Ridge, LLC, a Georgia limited liability
company, hereinafter referred to as "HIGHLAND" , and AUGUSTA, GEORG:DIA, a
political subdivision of the State of Georgia, hereinafter referri::d to as
"AUGUSTA" ;
Page 1 of 7
RECORD W M 1563 P9805
WITNESSETH:
WHEREAS, AUGUSTA does own sanitary sewer easements and water easements, on
said parcels of land referenced above, by Deed of HIGHLAND, dated June 17,
2009, and recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia, in Record Book 1256, Pages 956-958, and the
pipelines and appurtenances contained within said easements; and
WHEREAS, SLP did become the legal owner of TRACT A, by Deed of HIGHLAND,
dated September 12, 2014, and recorded in said clerk' s office in Record
Book 1254, Pages 1231-1236; and
WHEREAS, HIGHLAND is the legal owner of TRACT B, by Deed of Beacon Blue,
LLC, dated December 14, 2005, and recorded in said clerk' s office in Record
Book 1029, Pages 2476-2478; and
WHEREAS, SLP requested that, in the construction of Benton House, it be
allowed to relocate a SECTION of the existing sanitary sewer pipeline and a
SECTION of the water pipeline and that AUGUSTA abandon the existing
easements over the SECTIONS of pipeline to be relocated and, in exchange,
SLP and HIGHLAND would dedicate to AUGUSTA the relocated SECTIONS of
pipeline along with corresponding new easements of equal width over said
SECTIONS of relocated pipeline; and
WHEREAS, AUGUSTA has agreed to such abandonment and exchange;
NOW THEREFORE:
AUGUSTA, its successors, assigns and legal representatives, does hereby
abandon that SECTION of the existing sanitary sewer easement, shown as
"Easement Area A" and that SECTION of the existing water pipeline easement,
shown as "Easement Area B" , on a plat prepared by Cranston Engineering
Group, P.C. , dated June 21, 2016, attached hereto as EXHIBIT A and made a
part hereof, to which reference is made for a more accurate and complete
description of the metes, bounds and courses; and does, by this document,
convey any and all rights and privileges it has, or may have, in and to
those SECTIONS of existing easement unto SLP; and
Page 2 of 7
RECORD BOOK 156 P9806
IN EXCHANGE
SLP, its successors, assigns and legal representatives, does hereby grant,
bargain, sell and convey unto AUGUSTA, its successors, assigns and legal
representatives, utility, access and maintenance easements, 20 fee: in
width, as shown on a plat prepared by Cranston Engineering Group, ?.C. ,
dated June 22, 2016, attached hereto as EXHIBIT B and made a part :lereof,
to which reference is made for a more accurate and complete descri?tion of
the metes, bounds and courses . Said easements being marked as "New D&U &
Water Easement Area 0 .25 Acre" and "New Sanitary Sewer Easement Area 0 . 09
acre" , both easements being in Tract A, along with the pipeline and any
appurtenances constructed with said easements; said easements being- for the
purpose of laying, adding, relaying, expanding, adding, installing,
extending, operating, repairing and maintaining pipelines transpor:ing and
carrying utility services for AUGUSTA; and
HIGHLAND, its successors, assigns and legal representatives, does Hereby
grant, bargain, sell and convey unto AUGUSTA, its successors, assigns and
legal representatives, a utility, access and maintenance easement, 20 feet
in width, as shown on said EXHIBIT B as "New D&U & Water Easement area 0 . 02
Acre" , said easement being in Tract B, along with the pipeline and any
appurtenances constructed with said easements; said easements being for the
purpose of laying, adding, relaying, expanding, adding, installing,
extending, operating, repairing and maintaining pipelines transporting and
carrying utility services for AUGUSTA.
SLP and HIGHLAND do also grant unto AUGUSTA, its successors, assigns and
legal representatives, the right, but not the duty, to clear and keep clear
all trees, undergrowth and other obstructions from said easement, for all
purposes stated herein, along with the free right of ingress and egress to
and from said easements, for these purposes.
SLP and HIGHLAND further grant unto AUGUSTA the right to stretch
communication lines, or other lines, within the easements, for the use of
AUGUSTA, its assigns, representatives, agents, and designees, upon or under
said land, within said easements, with the necessary cables, wires ,
apparatus, fixtures and appliances; and with the right to assign said
Page 3 of 7
RECORD BOOK 1563 P9807
easement in whole or in part.
SLP and HIGHLAND do agree that, except as provided for in the following
paragraph, no other utility, pipeline, cables, wires, or other intrusions,
may be constructed within the aforesaid easement in perpetuity.
Notwithstanding the foregoing or any other provisions contained herein to
the contrary, AUGUSTA does hereby agree that SLP and HIGHLAND, their
successors, legal representatives and assigns, shall have the right to use
said parcel of land containing the easement area 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 laying, relaying, installing, adding, extending,
operating, repairing and maintaining of pipelines transporting and carrying
utility services. ALSO EXCLUDED is the right to erect, construct or
maintain thereon any buildings, structures, or other permanent
improvements, other than the roadways located in the areas shown on Exhibit
B attached hereto.
IN WITNESS WHEREOF, SLP, HIGHLAND and AUGUSTA have caused these presents to
be executed the day and year first above written as the date of these
presents.
Signed, sealed and delivered in our presence:
(Signatures begin on next page. )
Page 4 of 7
RECORD BOOK 1 563 Pg 808
AUGUSTA SLP, LLC
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By: 744),/( 4----
WI Si David Winters
o � P ill Title: Authorized Agent
NO ARY PUB IC
�3r (�,. County, State of
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Page 5 of 7
RECORD BOOK 1563 Ps 809
HIGH „n RIDGE, LLC
A.,__ _ L___,ac--1.............e0{
By: 2 - ---7 dailliP
WITNESS Br..-Of Boardman
1 _
� :.7L// • _ i - _ Title: Manager
NOT• •Y PUBLIC
PRICIAM OND County, State of GA-
FSTEPHANI D. CREWS
NOTARY PUBLIC
My Commission Expire : Richmond County
State of Georgia
My Comm. Expires January 21,2017
(Notary .Seal)
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Page 6 of 7
RECORD BOOK 1563 P9 810
AUGUSTA, GEORGIA
' X J, / / l 6d .; By: / Gti i
WITNESS U' Ate Hardie Davis, Jr.
1„- 2r `Z/AAs��Its: Mayor
NOTARY PUBLIC
Richmond County, Georgia
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My Commission Expires : Attest -.'. �, i�.T. r
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Page 7 of 7
RECORD BOOK 1 5 6 3 P9 81 1
CONSENT OF MORTGAGEE
FOR VALUE RECEIVED, the undersigned GEORGIA BANK & TRUST COMPANY
OF AUGUSTA, a Georgia banking corporation, as the current holder of each of(i) that certain
Deed to Secure Debt and Assignment of Rents, recorded in Deed Book 1029, Page 2482,
Records of Augusta-Richmond County, Georgia, as amended and modified, and (ii) that certain
Deed to Secure Debt and Assignment of Rents, recorded in Deed Book 1079, Page 674, Records
of Augusta-Richmond County, Georgia, as amended and modified (said instruments, together
with any and all other loan documents evidencing and/or securing the indebtedness described
therein, being hereinafter collectively referred to as the "Loan Documents"), does hereby
acknowledge, consent to, and agree to the attached Deed of Easement and Dedication and an
Abandonment of an Existing Easement.
Signed, sealed and delivered in the GEORGIA BANK& TRUST COMPANY OF
presence of: AUGUSTA, a Georgia banking corporation
(iiij
/WO( By: �� 2.1Name: 1.4As, af.-•., d . .?.cares
Witne Its: Sac. Vit
(BANK SEAL)
Notary Public
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RECORD BOOK 1563 Fs 812
CONSENT OF MORTGAGEE
FOR VALUE RECEIVED, the undersigned FIDELITY BANK, as the current holder of
that certain Deed to Secure Debt, Assignment of Rents and Security Agreement, recorded in
Deed Book 1454, Page 1256, Records of Augusta-Richmond County, Georgia (said instrument,
together with any and all other loan documents evidencing and/or securing the indebtedness
described therein, being hereinafter collectively referred to as the "Loan Documents"), does
hereby acknowledge, consent to, and agree to the attached Deed of Easement and Dedication and
an Abandonment of an Existing Easement.
Signed, sealed and delivered in the FIDELITY BANK
presence of:
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Name: �., Per//
Witness Its: S.w.bn tAte PRJ,,Qsv7
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Notary Public
[AFFIX NOTARIAL SEAL OR STAMP]
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2017000135 AGREE 1563 Pg 815
IIIIII II VIII/III IIIIIIII IIIIIIIIII/III /III III 1Filed and Recorded:
/4/2017 8:26:63 AM
Intangible Tax Paid$0.00 Hattie Holmes Sullivan
Transfer Tax$0.00 Clerk of Superior Court
Recording Fee:$0.00 Augusta Richmond County,
After recording please return to:
Augusta Law Department
Attn: Kayla E. Cooper, Esq.
535 Telfair Street, Building 3000
Augusta, GA 30901-2386
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
AUGUSTA SLP, LLC/ BENTON HOUSE
Parcel Identification Numbers 030-1-002-00-0 Tract A and 030-1-002-01-0
(A Section of Sanitary Sewer System and A Section of Water System)
THIS AGREEMENT, entered into this Lir*" day of(De Gemixe, 2016, by ar
between AUGUSTA SLP, LLC, a Georgia limited liability company, hereinafter referred to :as the
"DEVELOPER", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia.
hereinafter referred to as "AUGUSTA":
WITNESSETH
WHEREAS, DEVELOPER has requested that AUGUSTA accept newly rerouted ald
relocated sections of gravity sanitary sewer system and water system, on the above referenced
parcels of land, as shown by the Deed of Easement and Dedication, contemporaneously
tendered and recorded in the office of the Clerk of the Superior Court of Richmond County
Georgia, with this document; and
WHEREAS, AUGUSTA has adopted a policy requiring the DEVELOPER to mainta n
those installations and systems laid or installed in the said subdivision, which AUGUSTA does
accept by Deed, for a period of eighteen (18) months;
NOW, THEREFORE, in consideration of the premises, the expense previously incurred
by the DEVELOPER and the mutual agreement hereinafter set out, IT IS AGREED that:
(1) AUGUSTA accepts the sections of gravity sanitary sewer system and water
system, (hereinafter referred to as "improvements"), respectively described in said Deed of
Easement and Dedication contemporaneously tendered herewith to the Augusta, Georgia
Commission.
RECORD BOOR 156 ► F'9 816-
(2) The DEVELOPER agrees to maintain said improvements, on Tract A and Tract
B, as shown on Exhibit B of said Deed of Easement and Dedication, for a period of eighteen
(18) months from the date of the approval of this document by the Augusta, Georgia
Commission.
(3) The DEVELOPER agrees that, if during the said eighteen-month period there is a
failure of said improvements due to failure or poor workmanship, the DEVELOPER shall be
responsible for adequate maintenance and repairs, and shall perform and complete such
maintenance and repairs within a reasonable time, as determined by AUGUSTA.
(4) In the event of such failure of the improvements, AUGUSTA shall notify they
DEVELOPER and set forth in writing the items in need of repair. The DEVELOPER shall
present, within fifteen (15) business days of the date of said writing, its proposed plan of repair
and shall have the repairs completed in a reasonable time, as determined by AUGUSTA.
(5) If, in the event of an emergency, as determined by AUGUSTA, the DEVELOPER
is unable to respond in a timely manner, AUGUSTA shall be authorized to erect barricade;,
traffic direction devices and such other temporary measures as are necessary to remedy :he
emergency nature of the problem at the DEVELOPER'S expense and allow the DEVELOPER
time to make the needed repairs.
(6) In the event the DEVELOPER fails to comply with the terms of this agreement,
then AUGUSTA shall proceed to have the necessary corrective work done, and the
DEVELOPER agrees to be responsible to AUGUSTA for payment, in full, of the costs of
repairing the improvements due to failure of material or poor workmanship as liquidated
damages.
IN WITNESS WHREOF, the DEVELOPER has hereunto set its hand and seal and
AUGUSTA has caused the execution of this agreement by and through its duly authorized
officers and agents, with its seal affixed, the day and year first written above.
Signed, sealed and deliver, in the presence of:
(Signatures begin on next page.)
RECORD BOOK 1563 F's 817
• Hatt i r� Holm S• Sul1 i ' un
Clerk of Superior Court
Ausustn Richmond Counts,
,I AUGUSTA SLP, LLC
AiA By: M
W NE S Ar David Winters
1AliiTitle: Authorized Agent
N•T' RY PUBLIC
-A-Or V14, County, State of C o 7 c3
•
My Commission Expires: //"7/I-)
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ACCEPTED:
AUGUSTA, GEORGI . / ;
WITNES ,�j6yr/ Hardie Davis,Jr.
1 ,' 1 1 Iz/1 � ifs,M /
PUBLI i ttest: Aa,,./I,,,
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NOTARY UB h
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