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Home My WebLink AboutDEED FOR WARREN CEMETERY_CIVIL ACTION FILE NO. 2016-RCCV-0560 Return to: John B. Long, Esq. P.O. Box 2426 Ol/ Augusta, GA 30903 IIIllhIIIflhIHIHllhhI20104076IIIIIIIIIIIIAFF 1 595 P9948 Filed and Recorded: 9/13/2017 4:47:40 PM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$18.00 Augusta Richmond County, STATE OF GEORGIA ) DEED COUNTY OF RICHMOND ) WHEREAS, the Superior Court of Richmond County; Georgia, entered a Final Decree on June 9, 2019 in Civil Action File No. 2016-RCCV-0560, which Final Decree issued an order quieting title to a 1.1 acre tract of land known as the Warren Cemetery. Said Final Decree adopted the Special Master's Report and vested title in and shall henceforth be owned by Friends of the Coleman-Leigh-Warren Cemetery, a non-profit corporation; and WHEREAS, a copy of said Final Decree has been recorded in the real estate records of Richmond County, Georgia in Deed Book 1 7,page b); and WHEREAS, pursuant to said Final Decree, Friends of the Coleman-Leigh-Warren Cemetery is under an order to transfer to Augusta, Georgia title to a .086 acre tract of land consisting of 3,772 square feet on which the Alltel Cell Tower is located, all as shown by a plat prepared by the Augusta-Richmond County Engineering Department dated July 10, 2017, a copy of which is attached hereto, as well as access to and the use of an Access and Utility Easement Area composed of 0.196 acres extending from Washington Road to the ALLTEL Cell Tower property; NOW, THEREFORE, THIS INDENTURE, made this the h of July, 2017, between Friends of the Coleman-Leigh-Warren Cemetery, a non-profit corporation organized and existing under the laws of the State of Georgia in Richmond County, Georgia, as party of the first part, hereinafter referred to as "Grantor" and Augusta, Georgia, as party of the second part, hereinafter referred to as "Grantee" (the words "Grantor" and "Grantee" to include their respective heirs, successors and assigns where the contest requires or permits). WITNESSETH : That the Grantors, for and in consideration of the payments paid under said Final. Decree entered in Civil Action File No. 2016-RCCV-0560 in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, PLUS, Fifty percent (50%) of the lease revenues received from the cell tower on said property by Augusta, Georgia, including the current lease amount, plus the amount due under any renewal lease, all as set forth in the Settlement Agreement and Release, the terms of which are set forth in the Final Decree and Special Master's Report entered in Civil Action File No. 2016-RCCV-0560, which are incorporated herein by reference. Said Grantee has given, granted, and conveyed and by these presents does hereby give, grant and convey unto said Grantee, all of the following described property, to-wit: Cell Tower Site All that lot or parcel of land with improvements thereon, situate, lying and being in Augusta, Richmond County, Georgia, more particularly described as follows: Commencing at the right-of-way intersection of Azalea Drive and Washington Road and running north 53 degrees 35 minutes 14 seconds west, 580.30 feet along the right-of-way of Washington Road to a P/K. nail set; thence north 53 degrees 35 minutes 14 seconds west, 15.00 feet to a P/K nail set; thence Leaving the right-of-way of Washington Road and running north 34 degrees 55 minutes 01 seconds east, 468. 30 feet to a one-half inch rebar found; thence along an arc of a curve to the left 57.12 feet to a one-half inch rebar found, said curve having a radius of 45.89 feet and a chord bearing of north 00 degrees 44 minutes 43 seconds west, 53.50 feet; thence north 55 degrees 03 minutes 54 seconds east, 24.54 feet to a five-eighths rebar set at the point of beginning; thence north 34 degrees 56 minutes 06 seconds west, 44.41 feet to a fence corner; thence north 53 degrees 48 minutes 29 seconds east, 57.77 feet to a fence corner; thence south 37 degrees 10 minutes 34 seconds east, 63.77 feet to a fence corner; thence south 53 degrees 30 minutes 10 seconds west, 60.28 feet to a fence corner; thence north 34 degrees 56 minutes 06 seconds west, 19.69 feet to the point of beginning. Said tract or parcel of land contains 0.086 acres (3,772 square feet) as shown on a survey plat for the Augusta-Richmond County Commission by the Augusta- Richmond County Engineering Department dated July 10, 2017, a copy of which is attached hereto and incorporated by reference. AND 15' Access/Utility Easement All that lot, tract, or parcel of land, lying and being in Augusta-Richmond County, Georgia, more particularly described as follows: Commencing at the right-of-way intersection of Azalea Drive and Washington Road and running north 53 degrees 35 minutes 14 seconds west, 580.30 feet along the right-of-way of Washington Road to a p/k nail set at the point of beginning; thence north 53 degrees 35 minutes 14 seconds west, 15.00 feet to a P/K nail set; thence leaving the right-of-way of Washington Road and running north 34 degrees 55 minutes 01 seconds east, 468.30 feet to a one-half inch rebar found; thence along an arc of a curve to the left 57.12 feet to a one-half inch rebar found, said curve having a radius of 45.89 feet and a chord bearing of north 00 degrees 44 minutes 43 seconds west, 53.50 feet; thence F rr..nr.r# B OR I Ef'-;9IL_'E j+. t_._a .. 0 north 55 degrees 03 minutes 54 seconds east, 24.54 feet to a five-eighths rebar set; thence south 34 degrees 56 minutes 06 seconds east, 19.69 feet to a five- eighths rebar set; thence north 53 degrees 30 minutes 10 seconds east, 17.66 feet to a five-eighths rebar set; thence south 36 degrees 24 minutes 20 seconds east, 10.00 feet to a fight-eighths rebar set; thence south 55 degrees 03 minutes 54 seconds west, 34.27 feet to a five-eighths rebar set; thence along an arc of a curve to the left 45.11 feet to a five-eighths inch rebar set, said curve having a radius of 60.89 feet and a chord bearing of south 13 degrees 41 minutes 32 seconds west, 44.09 feet; thence south 34 degrees 55 minutes 01 seconds west, 468.69 feet to the point of beginning. Said tract or parcel of land contains 0.196 acres (8,538 square feet) as shown on a survey plat for the Augusta-Richmond County Commission by the Augusta- Richmond County Engineering Department dated July 10, 2017, a copy of which is attached hereto and incorporated by reference. The above-described property is a portion of that 1.1 acre tract of land shown on a survey prepared in 1887 by E.W. Brown which is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Book 3X, page 202. If the above-described property conveyed by the Grantor to the Grantee is not utilized for the period of one (1) year or longer as a cell phone tower, then the property set forth herein shall revert to and title to said property shall be placed in Friends of the Coleman-Leigh-Warren Cemetery. TO HAVE TO HOLD said described real estate, with all and singular, it rights, members and appurtenances, the same being, belonging or anywise appertaining to the property use,benefit and behoof of said Grantee, in fee simple, subject to the reversion set forth above. IN WITNESS WHEREOF, the Grantor has set its hand, affixed its seal and delivered these presents the day and year above written. FRIENDS OF THE COLEMAN-LEIGH- WARREN CEMETERY By: As Its: C Signed, s 'tl tvered in the pcc c .s t tt ® g• .es i • ".i.I,f .4b. Y 4,1*41111.1X NO \z. %$U:lZEJ:i COL20i .0ti�• ' 1 0 mrisd`k C 1 � PLAT BOOK'13 Pg 1E3, Filed and Recorded:9/7/2617 5:56:0:;AM Rec .'!C _ \ ..—mss Prep d By: \ \BUILDING 11, Ran }Nile Mack(7572739803) \ \ -DLLAR00 Hatti ofcooes Sullivan \ Cle (Superior Court \ Aug la Richmond County, L Gt BROWN \ 2633 WASHINGTON ROAD PARCEL$013-3-095-01-0 DEED BOOK 302 PAGE 1561 / • CONC, PLAT:DEED BOOK 37-T PAGE 252 • /UTILITY POLE APFROVEO-DiEMPT FOR RECORDING ONLY UY ASPHALT �� 8'. 7. (7 1{,:"E.7.‘4, .3/4"'. NtCH. o DATE \ PIPE �U�Nf HONE ,, II' BY AUTHORITY OF AUGUSTA PLANNING BUILDING 15.0' PED. 6 DEVELOPMENT DEPARTMENT ., /� WATER --� �/ �.>� / VAULT FOR CLERK OF COURT USE ONLY A° SURVEYOR'S CERTIFICATION: 1 // J4' J •.•OWER AS REQUIRED BY SUBSECTION(d)OF O.C.G.A.SECTION 15-8-67,THIS PLAT HAS BEEN EVIDENCED BY A LANG �O POLE SURVEYOR AND APPROVED BY ALL APPLICABLE LOCAL JURISDICTIONS FOR RECORDING AS EVIDENCED Mn APPROVAL CERTIFICATES,SIGNAPJRER,STAMPS,OR STATEMENTS HEREON. SUCH APPROVAL OR AFFIRMATIONS SHOULD BE /... aCONFIRMED WITH THE APPROPRIATE GOVERNMENTAL BODIES BY ANY PURCHASER OR USER DF THIS PLAT AS TO (,vl INTENDED USE OF ANY PARCEL. FURTHERMORE,THE UNDERSIGNED LAND SURVEYOR CERTIFIES THAT THIS PLAT Yt' �tvCOMPLIES WT11 THE MINIMUM TECHNICAL STANDARDS FOR PROPERTY SURVEYS IN GEORGIA AS SET FORTH IN THEl RULES MID REGULATIONS OF THE GEORGIA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS SET FORTH IN C.C.G.A-SECTION 15-6-67. Y/ �efi C� • .4,\8TFA.,O 2 No 3093 / L (1/2/7.4,67--(2%,-,.3—r— (`:LI/I ' j/`0/7 S.�j t BOOK '2; �q ,`'l' F PROFESSIONA_�E R BER C SIR ELNG / /� Dote /g_� • "' HD'. Bq__��'}�'�" -p -R 1. A t C I CEO/CIA REGISTERED LANDSUS{'YOR i-,8 ., F If-'[S..P I3`k�—"e C Still. Q ay, �&4,''tD a RMR 0" NUMBER LSOC3093 N/Fi t Court un •�C.SS�Y CL'HOGS ENTERPRUES. -LP WIRE LL.fart< of' Super or ___ — 2625 WASHINGTON ROAD UTILITY y,f 1• `1 'i Counts, - PARCEL#013-3 094-00-0 ti" • ',�,ij9US lr_ r {c. rgor ii PPE DEED BOOK 1382 PAGE 686 ¢' POLE The term"Certification"as used in Rule`180-6-.09(2)and(3)"and r!ating to professional PLAT: DEED BOOK 9 PAGE 31 A' engineering or land surveying services,as defined In 0.C.G A 43-15-2(6)and(11),shall mean a signed statement based upon loofa and knowledge known to the registrant and is nota guarantee or warranty,either expressed or impled. •3• O This survey complies with both the rules o/the Georgie Board of Registration for Professional yti%. Engineers and Lond Surveyors end the Official Code of Georgia Annotated(DOOR 15-6-67,in CHAIN LINK that where a conflict exists between those two sets of specificotions,the requirements of FENCE low prevofl. • NOTES •. A �0. 1. EQUIPMENT USED: UF E S-3 AND PRISM •/ R TEiVER.c R-B.DUAL FREOVENCY GPO ASPHALT B RECEIVER. / 2. DATE OF FIELD WORK:29 JUNE 2017 .G 3. THIS SURVEY WAS PERFORMED WITHOUT THE ' BENEFIT OF A TITLE SEARCH. 4. UTILITIES ARE SHOWN BASED ON LOCATION OF ABOVE GROUND EVIDENCE. 5, SOURCE OF HORIZONTAL AND VERTICAL DATUM N/F IS NGS COORS MONUMENT CARE. I, LIGHT PATSY P FITZGERALD 6, #5 REBAR SET AT ALL CORNERS UNLESS OTHERWISE PIPE,. POL 1018 OAKDALE ROAD / SPECIFIED. p PARCEL#013-3-092-00-0 10.7. DEED BOOK 31R PAGE 979• /26.52' , PLAT: DEED BOOK 26-R Page 134 WARREN &BEDFORD CEMETERY PIPE LOT 7,SECTION 3.NATIONAL ESTATES • 1016 OAKDALE ROAD PARCEL(013-3-093-00-0 • A,'11'1FENCE CORNERS �\'\ / MARK LEASE AREA J G 9 • 0 !. Y N/F • • 'CHAIN LINK ALLTELL '9' OL'ROSS ENTERPRISES,LLLP FENCE CELL TOWER 2627 WASHINGTON ROAD / -\ SITE NO.AS0531&GSL03020 }IPE POWER PARCEL#013-3-095-00-0 / POLE DEED BOOK 1369 PAGE 1825 Brea:0.086 Acres or PLAT:OEt:L BOOK 24-9 PAGE 144 / /• J1, 772 Sc.Ft. SEWER • of Closure 1:24,592 CMANHOLc �' //' /' UTILITY ASPHALT /�YT� / * POLE PARKING ' 4r UTILITY GUTE '>q ry' TIUT ,� POLE WIRE . BOX /�\\\ J� • '• ,0 • PED CONC. / O '..POWER /�5.. POLL GRAVELLED .' AT&T 5 N/F AREA h Oho' #HPC LLC0'+ • -:P,,,,, 80. / p 2623 WASHINGTON ROAD �yy ryAye O '. SEWER PARCEL#019-1-001-00-0 ACCESS AND ,.,:.-r5; ••v-p• CLE# 'OUT • GEED BOOK 660 PAGE 1779 REBAR• UTILITY EASEMEN E f/// AREA: 0.196 Acres '03. BUILDING /F • or 8,538 Sq.Ft. #HPC LLC CHAIN LINK flat Glos./re 1:57,787, .N1 WASHINGTON R OAD BOX O • AT&T FENCE Bh ? P ARCEL# 00-0 DEED BOOK 660 PAGE 1779 Cu`LLARO PLAT:DEED BOOK 660 PAGE 1767 UTILITY ,o. /` GRAVEL n BOX ¢(g (CONC. 2 y0 '/�\ AREA / ¢ t �P 3 4Q / \. a of 40 15.0' BUILDING r !/ + J / / ASPHALT PARKING / CONCRETE ` ('I` ^) /� �� <\ / \ REBAR ?I w e•WOOD POSTS \ UNDER •• f AND CHAIN HS y, ¢� \ / '\ ASPHAL / 3,s/r R' / \BUILDING k CONCRETE te POWER \ cOaARDC UTILIT• / POLE `\\ BOX \ is ♦.. UTILITY NAZI OO GIIY POLE / / '''' E - ~ \ ET WRES , / l• "sr 3v ? WASHINGTON ROAD ' 's U T T Y /POLE POW� FIBER i',.. TO Y OPTICS h, S '5, B CONC. POL /ASPHALT WI,1,RE \RKER y< R / .N, /Y (,PFD. A\ T T °`34/101 THE AUGUSTA—RICHMOND COUNTY COMMISSION SNGF AUGUSTA—RICHMOND COUNTY ENGINEERING DEPARTMENT C6/p,/gA,, 535 TELFAIR STREET, BLDG. 4000, AUGUSTA, GEORGIA 30901 RC¢CERTIFICAnON Cell Site Lease Boundary 8c Access/Utility Easement Survey 1 Tel. (706)-796-5040 Fax (706)-796-5045 619TE COUNTY: oa q' 20' ' c6AwN eHIChEOKEM OF ABIE L. LADSON, P.E., DIRECTOR CiARG!/ RICHMOND SALEINFEET SCA , 20RCS I RCS • ROBERT C. STRIBLING, R. L. S. #LS003093 Jab NUMBER# i7-SODA n:E NA.# v-0oz4_A.,t.Ow9 1001E 0r 0509951 m_daIF_smt N:\Engineering Division\Survey\17-0024\17-0024_Revl.dwg,8/4/2017 3:17:02 PM,TCENP01.pc3 • •