HomeMy Public PortalAboutGEFA Well Utility Easement_08-06-14 DRAFTAfter recording please return to:
Matt Harper
Water Supply Program Manager
Georgia Environmental Finance Authority
233 Peachtree Street, N.E.
Harris Tower, Suite 900
Atlanta, Georgia
30303
STATE OF GEORGIA
COUNTY OF _________:
WELL UTILITY EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS, that as of the ____ day of _________________, 2014, the undersigned City
of Tybee Island, Georgia, a municipal corporation, (“Grantor”), for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, does hereby grant unto the STATE OF GEORGIA, acting by and through the Department of Community Affairs, a department and agency of the State of Georgia,
and the Georgia Environmental Finance Authority, a public authority of the State of Georgia and the appointed agent of the Department of Community Affairs (“Grantee”), a perpetual and
exclusive (subject to limitations below) right, privilege and easement (“Easement”) in, to, across, over, upon, under and through the lands of Grantor located in Land Lot(s) __________
of the _______ District and ____ Section of _________ County, Georgia (“Land”) being more particularly described on Exhibit “A”, attached hereto and by this reference incorporated herein
and made a part hereof, for the acquisition, installation and testing of a well and related underground and above-ground utility installations ("Installations"), for the purposes of
accessing and withdrawing underground water, together with the right of entry into and upon the Land for the purpose of effecting the foregoing rights, privileges and easements.
Grantee’s
rights, privileges and easements shall be exercised on the following terms and conditions:
The Installations shall be maintained within the location of the Land as shown and described
on Exhibit “A”. Without cost, fee or charge to Grantee, Grantor shall provide and grant temporary construction easements to Grantee, if necessary, as determined by Grantee in its sole
and absolute discretion, in order to facilitate construction, installation and testing activities within the areas designated for such purposes on Exhibit "A.”
Grantee shall have the
right to cut away and keep clear, remove and dispose of all trees and undergrowth and to remove and dispose of all
structures and obstructions now on the Land or that may hereafter be placed on the Land by Grantor or any other person or entity.
Grantee shall have the right to conduct testing activities
and scientific or other studies, including but not limited to environmental, geotechnical, and archaeological studies on or below the Land.
Grantee may allow and permit use of the Easement
by contractors, subcontractors and consultants of Grantee for the purposes specified herein.
The Easement granted herein is exclusive, with the following limitations:
The surface
of the Land area may be used by Grantor, its successors and assigns, for any use not inconsistent with the rights granted Grantee herein and as may be approved in writing by Grantee;
provided that the subsurface is not penetrated to a depth greater than one foot below the surface. Without limitation of the foregoing, no grading (cut or fill) may be done on or to
the surface of the Land, without written approval of Grantee.
The terms and conditions hereof shall be binding upon, and inure to the benefit of the successors and assigns of Grantee
and Grantor.
TO HAVE AND TO HOLD said Easement perpetually unto Grantee, its successors and assigns, the right, powers and interests herein granted, which shall be a covenant running
with the title to the Land, but subject always to the covenants herein set forth.
IN WITNESS WHEREOF, Grantor has executed and delivered this Well Utility Easement under seal as of
the day and year first above written.
Signed, sealed and delivered this
______ day of ____________ in the presence of:
Witness
Notary Public
My Commission Expires:
GRANTOR:
The City of Tybee Island
By:
______________________________
Name: ___________________________
Title: ____________________________
(NOTARY SEAL)