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Home My WebLink AboutEASEMENT DEED & ABANDONMENT OF EXISTING EASMEENT WITH SOUTHPOINT CHURCH OF GOD (3486 PEACH ORCHARD ROAD) p • 2017031020 EASE 1585 Pg 1043 lIIIIIIIIIIIIIIIIIIIllIIHhIIIJIIIIIIIIIIIJIIIllhIIllhIIiII Filed and Recorded: 7/11/2017 3:34:31 PM Transfer Tax$0.00 Hattie Holmes Sullivan lerk of Recording Fee:$0.00 Augusta Ri hmondrCou toCouy, [SPACE ABOVE RESERVED FOR CLERK'S USE( AFTER RECORDING,PLEASE RETURN TO: Augusta Law Department 535 Telfair Street,Bldg.3000 Augusta,Georgia 30901 Attention: Kayla Cooper STATE OF GEORGIA RICHMOND COUNTY EASEMENT DEED AND AN ABANDONMENT OF AN EXISTING EASEMENT (Easement Exchange) Parcel Identification Number 144-0-001-00-0 3486 Peach Orchard Road THIS INDENTURE, made and entered into this Q6D day of ,J , .e_ 2017, between David Alexander, Marlin Scarboro and James Harvard, as Successor Trustees to Robert W. Cook, George E. Moxley and William E. Mundy, and Constituting The Local Board of Trustees of the Fleming Church of God, n/k/a Southpoint Church of God, Inc. , hereinafter referred to as FLEMING CHURCH OF GOD, and Augusta, Georgia, a political subdivision under the laws of the State of Georgia, hereinafter referred to as AUGUSTA; WITNESSETH: WHEREAS, AUGUSTA does own certain easements, on the above referenced parcel Page 1 of 5 of land, through Easement Deeds recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Record Book 1202, Pages 2237- 2241 and Record Book 35-H, Pages 284-285, said easements hereinafter referred to as the "Easement" ; and WHEREAS, FLEMING CHURCH OF GOD has requested that AUGUSTA abandon a portion of the Easement, due to a potential sale of a portion of the referenced parcel of land; and WHEREAS, FLEMING CHURCH OF GOD has agreed to replace this portion of easement to be abandoned with a new easement; and WHEREAS, it has been determined, by AUGUSTA, that abandonment and replacement of Easement will not adversely affect the utility systems of AUGUSTA, or the future maintenance of same; and WHEREAS, AUGUSTA has hereby agreed to the exchange of easements; NOW THEREFORE: AUGUSTA, its successors, assigns and legal representatives, does hereby abandon that portion of the existing Easement shown as "Sanitary Sewer Easement to be Abandoned by Augusta, Georgia, on a plat prepared by Southern Partners, Inc. , for WTC Enterprises, LLC, dated March 7, 2017, recorded in the office of the Clerk of Superior Court of Richmond County, Georgia, in Plat Book 13, Page 50, to which reference is made for a more accurate and complete description of the metes, bounds and courses . Said portion of easement is granted "As Is" to FLEMING CHURCH OF GOD and AUGUSTA will no longer have any responsibility, or liability for that portion of the Easement, or any issue that may arise concerning that portion of the Easement. AUGUSTA does, by this document, convey any and all rights and privileges it has, or may have, in and to that portion of the Easement unto FLEMING CHURCH OF GOD; and Page 2 of 5 RECORD ROOK 1. xM:f;,.a_: _ 045 IN EXCHANGE FLEMING CHURCH OF GOD, its successors, assigns and legal representatives, does hereby grant, bargain, sell and convey unto AUGUSTA, its successors, assigns and legal representatives, an exclusive utility, access and maintenance easement, as shown on said plat and marked "New 40 ' Sanitary Sewer Easement to be Dedicated to Augusta, Georgia", hereinafter referred to as the "New Easement"; said New Easement being for the purpose of ingress and egress, as well as laying, adding, relaying, expanding, adding, installing, extending, operating, repairing and maintaining pipelines transporting and carrying utility services for AUGUSTA. FLEMING CHURCH OF GOD does 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 New Easement, for these purposes . FLEMING CHURCH OF GOD further grants unto AUGUSTA the right to stretch communication lines, or other lines, within the New Easement, 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 Easement in whole or in part . FLEMING CHURCH OF GOD does agree that no other utility, pipeline, cables, wires, or other intrusions, may be constructed within the aforesaid New Easement in perpetuity, without the written consent of AUGUSTA. AUGUSTA does hereby agree that FLEMING CHURCH OF GOD, its successors, legal representatives and assigns, 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 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 . Page 3 of 5 FE:O F2ODK 8 5 P,:: ... 046 IN WITNESS WHEREOF, FLEMING CHURCH OF GOD 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: David Alexander, Marlin Scarboro and James Harvard, as Successor Trustees to Robert W. Cook, George E. Morley and William E. Mundy, and Constituting the Local Board of Trustees of the Fleming Church of God n/k/a Southpoint Church of God, Inc. i► WIT 11. Iq David Alexander th / 1 Ar NOTARVOTO �q Marlin Sca boro Richmon• o . t , State of Georgia My Commission Expires : V1)61/6/ ['Y Ja s Havard (Notary Seal) �, cc s fiAA�BLIG ,`)7, '•°8/2612 c�UNTY, �...`. `. Page 4 of 5 ,. . RECORD BOOK 1. '..": 3% P: 1 047 . . . . El 0 t t., i le? Hol tines. Sul l C1rk 5,rp,,...r I Or :our t -tfu3u,...ita PiC-ffind ,--.5_ntlly AUGUSTA, GEORGIA ,_ ., 7,),.1. 1., ,1. (77))69)261-04:, B y: 17;..4,/.../ '--: ::7 WITNESSii,g/0„, Hardie Davis, Jr. ei722 4i0C4I1-111(4)----MC4011/2/4/ A Its : Mayor NOTARY PUBLIC PUBLIC 4 Richmond County, Georgia ,4 A . e 1 4 ,, My Commission Expires : Atte.st : f iff, ./ '..” 4"/4ti , I . ' K ' ) , fl'4f • 1 , lay00111mlaslon Expires May 25,2019 ▪ # 18, g to;...ai k•...,--,,,,„ • 0 i (Notary Seal) , 0 t .b,y. ,A.' '1- * ,,, 1 ,,,,,c. 4 ,4 % 41,,,i,?:,V-4 .,,'"Y..:-. : .-P.' 1 , ef • Iliv F 40041,11••••, r0 N6 rfoL) 994 00 i 1 SktosN..c;if.-L7igs,es,•• ti" k'''*,14 4Gt.:OROt-h,4w4 0,. 4 :4r iv °IAN), \ : t iz 46 1 wwia I., i cc LI I tojs,PU5V .„ ....044,... -N•alONDI 00%‘‘ °••••••••00 Page 5 of 5