HomeMy WebLinkAboutEASEMENT DEED AND ABANDONMENT OF EXISTING EASEMENT WITH WITH 2045 SIBLEY ROAD,L.P._ GARDENS AT HARVEST POINT ntilli111111
EASE 1585 Pg 1048
7/1Filed and Recorded:
1/2017 3:34:31 PM
Transfer Tax$0.00 Hattie Holmes Sullivan
Clerk of Superior Court
Recording Fee:$0.00 Augusta Richmond County,
----(SPACE ABOVE RESERVED FOR CLERK'S USES-- -----—___
AFTER RECORDING,PLEASE RETURN TO:
Augusta Law Department
520 Greene Street
Augusta,Georgia 30901
Attention:Kayla Cooper
STATE OF GEORGIA
RICHMOND COUNTY
EASEMENT DEED AND
AN ABANDONMENT OF AN EXISTING EASEMENT
(Easement Exchange)
Gardens at Harvest Point(2045 Sibley Road)
(Parcel Identification Number 055-0-002-00-0)
THIS INDENTURE, made and entered into this ', day of _T�Z, : 2017,
between 2045 Sibley Road, L.P. , a Georgia limited partnership, hereinafter
referred to as DEVELOPER and AUGUSTA, GEORGIA, a political subdivision of
the State of Georgia, hereinafter referred to as AUGUSTA;
WITNESSETH:
WHEREAS, AUGUSTA does own certain easements, pipelines and appurtenances,
on the above referenced parcel of land, by Easement Deed of Harry E.
Dawson, Jr. , Harry Eugene Dawson as Executor for the Estate of Frances
O'Devlin Dawson, Angela Kathleen Dawson, Ceara Dawson Watters, Bevin Dawson
Page 1 of 7
Bramonte, and Frances Elizabeth Dawson, dated March 3, 2006 and recorded in
the Office of the Clerk of the Superior Court of Richmond County, Georgia,
in Record Book 1170, Pages 0013-0018; and by Easement Deed of Dr. Farry E.
Dawson, Sr. , individually and as Trustee for Goldie G. Dawson, under Trust
Agreement recorded in the office of the Clerk of Superior Court of Richmond
County Georgia, in Realty Book 33-L, Page 266; and Harry E. Dawson, Jr. to
the City Council of Augusta, dated October 19, 1977, and recorded in said
clerk' s office in Realty Book 84, Pages 786-788; and
WHEREAS, due to the deterioration of the gravity sanitary sewer p:.peline
constructed within the boundaries of the 1977 easement, AUGUSTA decided to
replace said pipeline with a lift station and force main; and
WHEREAS, the lift station was constructed within the boundaries of the
intersection of the 1977 easement and the 2006 easement and the force main
was run inside the 2006 easement, in an easterly direction, to the right of
way of Sibley Road; and
WHEREAS, AUGUSTA needs additional easement, for the maintenance and repair
of said force main and for ingress and egress to the lift station; and
WHEREAS, DEVELOPER is agreeable to granting AUGUSTA said additional
easement; and
WHEREAS, DEVELOPER requests that AUGUSTA abandon a portion of the existing
1977 easement, from a point southeast of the lift station to where it
leaves the above referenced property, at its southeastern tip; and.
WHEREAS, AUGUSTA has agreed to such abandonment and exchange of easements;
NOW THEREFORE:
AUGUSTA, its successors, assigns and legal representatives, does hereby
abandon that PORTION of the existing 1977 sanitary sewer easement, from a
point southeast of the lift station and continuing to where said easement
leaves the above referenced property at its southeastern tip, as shown as
"Existing 20 ' Sanitary Sewer Easement To Be Abandoned" , on a 2 page plat
prepared by the Augusta Utilities Department, dated November 15, 2016, and
Page 2 of 7
made a part hereof, to which reference is made for a more accurate and
complete description of the metes, bounds and courses . Said porton of
easement, along with the pipelines and appurtenances therein, is granted
"As Is" to DEVELOPER and AUGUSTA will no longer have any responsibility, or
liability for them, or any issue that may arise concerning the easement,
pipeline and appurtenances . AUGUSTA does, by this document, convey, any and
all rights and privileges it has, or may have, in and to that aforesaid
portion of the existing 1977 easement unto DEVELOPER; and
IN EXCHANGE
DEVELOPER, its successors, assigns and legal representatives, does hereby
grant, bargain, sell and convey unto AUGUSTA, its successors, assigns and
legal representatives, a non-exclusive utility, access and maintenance
easement, 20 feet in width, as shown on said plat, marked "Proposed 20 '
Utility Easement" (the "Easement") ; said Easement being for the purpose of
ingress and egress to the lift station, as well as laying, adding,
relaying, expanding, adding, installing, extending, operating, repairing
and maintaining pipelines transporting and carrying utility services for
AUGUSTA.
DEVELOPER does also grant unto AUGUSTA, its successors, assigns and legal
representatives, the right, but not the duty, to clear and keep cljear 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 Easement, for these purposes .
DEVELOPER further grants unto AUGUSTA the right to stretch communication
lines, or other lines, within the 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. Said communication lines shall be for the internal use
of AUGUSTA and not for use of the public.
DEVELOPER does agree that no other utility, pipeline, cables, wires, or
other intrusions, may be constructed within the aforesaid Easement in
perpetuity, without the written consent of Augusta, which is not to be
Page 3 of 7
`iEC..,,.,r,. _ _ 1525
unreasonably withheld.
AUGUSTA does hereby agree that DEVELOPER, 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 . Not withstanding anything herein to the contrary,
DEVELOPER shall be permitted to maintain or install pavement upon, over,
and across the Easement.
Maintenance. Augusta shall be responsible for the performance of all
maintenance and repairs for all improvements located and/or to be located
within the Easement by Augusta (the "Facilities" ) in order to keep same
in a first class condition and state of repair, and in accordance with all
applicable governmental requirements.
Indemnity. Except for the negligence or intentional misconduct of Developer
its representatives, agents, contractors, tenants or employees, and subject
to the HUD provision set forth below, Augusta hereby indemnifies and agrees
to hold Developer, its assigns and tenants harmless from and against any
loss, cost, damage or expense, including claims for death or injury to
person or damage to property, and including without limitation attorneys'
fees and court costs, which may arise out of or in connection with or by
reason of the gross negligence or intentional misconduct of Augusta, its
contractors or employees, in the conduct of the construction, installation,
maintenance and repair of the Facilities by Augusta as contemplated under
this agreement.
HUD Requirements and Indemnity. The parties hereto acknowledge and agree
that Developer' s property or a portion thereof is subject to a HUD insured
loan instrument. Accordingly, (i) Augusta agrees to execute any documents,
agreements or instruments reasonably requested by HUD or Developer in
connection with any HUD financing so long as such documents, agreements or
instruments do not materially alter the terms of this agreement; and (ii)
if HUD later acquires title to all or any portion of Developer' s property
pursuant to a foreclosure, deed in lieu of foreclosure of the loan or
Page 4 of 7
r. ` y. I
5E35
t 052
otherwise, then notwithstanding anything in this agreement to the contrary,
HUD shall not be obligated to indemnify Augusta or be liable for or to
carry out any indemnity or any other obligations which might otherwise be
the responsibility of Developer. If HUD acquires title to all or a portion
of Developer' s property, then MV Residential Construction, Inc. , an Ohio
corporation shall act as the substitute party in place of HUD under this
agreement for purposes of making all such payments and being liable for and
performing all such obligations and indemnities instead of HUD for so long
as HUD holds title to any or all of the property. All obligations of
Developer and Augusta set forth in this agreement shall be revived and
shall become in full force and effect at such time as any person or entity,
other than HUD, acquires title to all or a portion of the property. The
exemption of HUD from obligations under this agreement shall not apply to
any successor in interest to HUD.
Further, the following provisions shall apply to Developer' s property:
a. HUD prohibits and does not authorize any expenditure which would
violate 31 USC 1341 (the "Anti-Deficiency Act" ) . Any provision o.f: this
agreement which violate (s) (d) the Anti-Deficiency Act, in the past, present
or future, will not be enforced against HUD. The parties hereto acknowledge
that notwithstanding any other provision of this agreement, HUD, whether in
the capacity of subsidy provider, loan insurer, lender, owner, lessee or
mortgagee in possession, shall have no obligation of reimbursement,
indemnity, or holding harmless, of any nature whatsoever, to any
governmental entity, private entity, person or party, either now or in the
future; and
b. If and for so long as Developer' s property or any portion thereof is
encumbered by a HUD-insured loan instrument, the obligation of the owner of
such encumbered property to indemnify Augusta is limited to "surpLus
cash" as that term is defined in the applicable HUD Regulatory Agreement,
or to available liability insurance proceeds .
c. During the period that HUD owns the property or any portion thereof,
Developer shall maintain general liability insurance of $1, 000, 000 per
person and per occurrence.
IN WITNESS WHEREOF, DEVELOPER and AUGUSTA have caused these presents to be
Page 5 of 7
. 'L.:EC'�O R Sri."'i. 1 .-7-.-;f3!.7_,: - le
-....._
executed the day and year first above written as the date of these
presents .
Signed, sealed and delivered in our presence:
2045 Sibley Road, L.P.
a Georgia limited partnership
469,
b - By: MV 2045 Sibley Road LLC
WITNESS an Ohio limited liabi:.ity
company
As Its : General Partner
OALOLVi/ 0By: MV Affordable Housing LLC
NOTARY PUBC an Ohio limited liability
company
\ilkh 'TGM1 County, State of 114! Its: Sole Member
My Commission Ec es: & 1".0 fprZ4-1,0.1
/
By: Brian Mc‘ready
\`„�,,,,,,,���/� Title: Authorized Signer
'\\\\9\ZPRIAL $F/ii
`���(7 , . CAROLYN CROMBIE
NOTARY PUBLIC
:.--"'''.?'r-- E STATE OF OHIO
.r =My Comm. Has No
x n • Expiration Date
s • .H"tgs �0 ‘ Section 147.03 R. C.
Page 6 of 7
ACCEPTED:
��2p AUGUSTA, GEORGIA
By:
WITNESS 441. Hardie Davis, Jr.
2 � Wits : Mayor
NOTARYPUBLIC ,,`-„..,...p.--.1,-..-,....,,...44,-.4„,,,4,44,,.......r.7,....
Richmond County, Georgia , "�g �y4
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My Commission Expires: Attest: f !i,4,1;/, ,K;`!<.r w.if.V/`.
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