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Home My WebLink AboutAGREEMENT AMONG AUGUSTA, GEORGIA; AUGUSTA NATIONAL, INC.; BERCKMAN RESIDENTIAL PROPERTIES, LLC AND BCRE INVESTMENTS, LLC FOR RELOCATION OF EASEMENT FOR AUGUSTA NATIONAL, INC. 200133 AGREE 1563 Pg 796 111111111101 IIIIIIIIIII IIIIIIIIIIII VIII IIIIIIIIIII 1Filed and 14/2017 8:14:63 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 AGREEMENT FOR COUNTY OF RICHMOND RELOCATION OF EASEMENT THIS AGREEMENT FOR RELOCATION OF EASEMENT (this "Agreement") is made and entered into as of the Ce'day of ' C- ,b e/, 2016, by among AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (the "City"); AUGUSTA NATIONAL, INC., a Georgia corporation ("ANI"); BERCKMAN RESIDENTIAL PROPERTIES, LLC, a Georgia limited liability company ("BRP"), successor by merger to Berckman Corner, LLC, a Georgia limited liability company, and successor by merger to FTD, LLC, a Georgia limited liability company; and BCRE INVESTMENTS, LLC, a Georgia limited liability company ("BCRE") (ANI, BRP, and BCRE collectively being referred to as "Grantor"). RECITALS WHEREAS, ANI owns that tract of land (the "Abandoned Berckmans Road Property") described as "Tract A," containing 5.74 acres, more or less, on that Plat prepared for Augusta, Georgia by Cranston Engineering Group, P.C. dated June 13, 2014, and recorded with the Office of the Clerk of Superior Court of Richmond County, Georgia in Book 11, pages 129- 30; WHEREAS, by virtue of that Agreement dated November 26, 1943, and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia in Book 15-C, page 520, as amended by that Amendment to Agreement dated January 12, 1944, and recorded in said records in Book 15-C, page 522, and possibly by virtue of other easements and rights (collectively, and together with all easements and rights of any nature with respect to water lines and related apparatus within the Abandoned Berckmans Road Property, the "Water Line Easement"), the City holds easements for the installation, operation, maintenance and replacement of water lines within the Abandoned Berckmans Road Property; WHEREAS, ANI, operating under the supervision of the City, has relocated the water lines located within portions of the Abandoned Berckmans Road Property to other property (the "New Easement Property") owned by Grantor and designated as "30' PERMANENT UTILITY EASEMENT AREA: 26,402 S.F. — 0.61 ACRE" on that Easement Plat prepared for Augusta, Georgia by John Thomas Attaway, GA RLS No. 2512, of Cranston Engineering Group, 1 00914092-5 RECORD BOOK 1563 Ps 797 P.C. dated April 4, 2016, and bearing Job No. 2015-0414, and attached as Exhibit "A" to this Agreement (the "Plan"); and WHEREAS, ANI and City desire to relocate the Water Line Easement from a portion of Abandoned Berckmans Road to the New Easement Property. NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Grant of New Water Line Easement. Grantor hereby grants to the City a non- exclusive and perpetual easement in and under the New Easement Property for the installation, operation, maintenance, repair, and replacement of water lines and related apparatus. Grantor retains the right to install driveways, parking lots, landscaping and other improvements within the New Easement Property so long as such improvements do not damage or interfere with the City's operation, maintenance, repair, replacement, and access to the water lines within the New Easement Property. 2. Termination of Water Line Easement within Old Berckmans Road. The Water Line Easement and all other easements held by the City within the area (the "Abandoned Easement Area") labeled as "ABANDONED EASEMENT AREA: 39,714 S.F. - 0.91 ACRE" on the Plan are hereby abandoned by the City and are hereby terminated. The remainder of the Water Line Easement outside of the Abandoned Easement Area shall remain in full force and effect. ANI may, at its election, either remove and dispose of the abandoned water lines and equipment within the Abandoned Easement Area or leave said water lines and equipment in place, or a combination of both. 3. Notices. All notices required by applicable law or agreement in any matter relating to this Agreement shall be deemed received (a) when personally delivered (to the person or department if one is designated); (b) one (1) business day following the date deposited with Federal Express, overnight U.S. mail or other national overnight courier, fees prepaid; or (c) three (3) days following the date deposited with U.S. certified or registered mail, return receipt requested, postage prepaid, and addressed in each such case to the parties at their respective addresses set forth below or such other single address as either party may designate in a written notice given as herein provided (except that a change of address notice shall not be effective until actual receipt). 2 00914092-5 RECORD BOOK 1563 Ps 798 In case of the City to: With a copy to: Augusta-Richmond County Augusta-Richmond County City County Municipal Building Legal Department 535 Telfair Street 535 Telfair Street Augusta, Georgia 30901 Augusta, Georgia 30901 Attn: City Administrator Attn: General Counsel In the case of ANI and BRP to: With a copy to: Augusta National, Inc. Hull Barrett, PC 2604 Washington Road 801 Broad Street, 7th Floor Augusta, GA 30904 Augusta, Georgia 30901 Attn: Walton L. Johnson Attn: Rand Hanna In the case of BCRE to: With a copy to: BCRE Investments, LLC Hull Barrett, PC P.O. Box 211708 801 Broad Street, 7th Floor Augusta, GA 30917 Augusta, Georgia 30901 Attn: Thomas M. Blanchard,Jr. Attn: Rand Hanna 4. Miscellaneous. The recitals and any exhibits hereto are incorporated herein by reference. This Agreement shall bind and inure to the benefit of parties hereto and their successors and assigns. If any provision of this Agreement or its application to any party is determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person, other than those as to which it is so determined invalid or unenforceable, will not be affected thereby, and each provision hereof will be valid and will be enforced to the fullest extent permitted by law. Time is of the essence. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. In the event of any litigation relating to this Agreement or the transactions described herein, the prevailing party shall be entitled to recover its reasonable attorney's fees and expenses from the non-prevailing party. This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by the parties hereto. [EXECUTION ON FOLLOWING PAGES] 3 00914092-5 RECORD BOOK 1563 P9 799 IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their duly authorized officers under seal, effective the day and year first above written. Signed, sealed and delivered in the City: presence of: Augusta, Georgia / 2/2a1' /J � a .i rbi../6-:__ Unoffici fitness By: „go ,rs-,,,,,,,,74-,,......- .,..?„ ,,_, die di ,,.../ Notary Public /Z/� ttest: /1 r ' t�//JJJ 4 , ► + r !Its Cler •. ,, 0� My Commission Expires: ` "1' 'pa• - CD iSeal f j g•4 (Notarial Sea],i, n Expires 25r 2019 41 ,. g 4 o - % 4996 ..ae i a®�.o..� �,{ IlloaliL��Nik�,I , �ORGi �� Rot► 4914414. . t s d • -%:i 00 04••r4 4 00914092-5 RECORD BOOK 1 563 P9 800 Signed, sealed and delivered in the ANI: presence of: �? Augusta National, Inc., a Georgia Ad 1 0 , �1_4-, corporation (Seal) Un ficial Witness 6?jrCA-- By: /411 Notary Public Walton L. Johnson As its Senior Director, (itrimission Expires: Masters Tournament ,nlNEtl altot y Q�p� Public,Richmond County, � a My Commission Expires August 24, 8 x e, 'Signed, seal I and delivered in the BRP: ene of: pr Residential Properties, LLC, a � / Georgia limited liability company(Seal) • •f ial Witness A4119 By: - /F I4p Walton L. Johnson Notary Public i As its Director My2Conimission Expires: r.. t� fiotanal � tary Public.Re- -°county,Georgia ,z.:,,,::),,,, s_ s Commisssa,F uoust 24,2018 5 00914092-5 RECORD BOOK 1 563 Ps 801 Signed, sealed and delivered in the BCRE: presence of: Aleopc7 BCRE Investments, LLC, a Georgia 6.0,a limited liability company(Seal) Unoffici itness By: Knox Development Corporation, a 4/•(-Li Georgia corporation, its Manager ` to P , sv: i/O)LatedAre--1,-- :lid o> missiQn Expires: Thomas M. Blanchard, Jr. As its President • %. -. .110 Columbia County,Georgia (Nota fission Expires Jan. 0,2017 6 00914092-5 RECORD BOOK. 1 563 Ps $02 Exhibit A Easement Plan See attached. 00914092-5 G:\AA-ACTIVE JOB FILES\2015\2015-0414-ANGC BERCKMANS ROAD WATER RELOCATION\AC-DRAWINGS\SURVEY\2015-0414_5U.DWG \ ; RECORD BOOK 1 -63 f y 303 I I Hattisa Hol M s. Sullivan i Clerk of Superior Court I Augusto Richmond Counts, I I I I C � oo.1 o / ao o co ! i , / -720 Q X 4 /� -a ONS / * ,2' / II X o `•N -0 / it; / O / N I W / / Q Z 0 C N \ Q Do / ?DZ - I. / 0 DOm0 O. �� M. - \ ;)2">?' 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