HomeMy Public PortalAbout140_026_GEFA Well Utility Easement_6352152. final After recording please return to:
Kevin Clark
Executive Director
Georgia Environmental Finance Authority
233 Peachtree Street,N.E.
Harris Tower, Suite 900
Atlanta, Georgia 30303
STATE OF GEORGIA
COUNTY OF CHATHAM:
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"), whose address is , 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 State Properties Commission, whose address is 47
Trinity Avenue, Suite G02, Atlanta, Georgia 30334 ("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:
1. 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
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2. 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.
3. 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.
4. Grantee may allow and permit use of the Easement by contractors,
subcontractors and consultants of Grantee for the purposes specified
herein.
5. 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 to 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 Utility Easement
under seal as of the day and year first above written.
[signatures on following pages]
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GRANTOR:
CITY OF TYBEE ISLAND
By:
Name:
Title:
Signed, sealed and delivered as to Grantor this
day of in the presence
of:
Unofficial Witness
Official Witness,Notary Public
My Commission Expires:
(Notary public seal affixed here)
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GRANTEE
STATE OF GEORGIA
Acting by and through the
State Properties Commission
By: (Seal)
GOVERNOR NATHAN DEAL
as Chairman of the
State Properties Commission
Attest: (Seal)
NAME:
Title:
State Properties Commission
Signed, sealed and delivered
as to the State Properties Commission
in the presence of: (Great Seal of
the State of Georgia
Affixed Here)
Unofficial Witness
(Commission Seal
Affixed Here)
Official Witness,Notary Public
My Commission expires:
(Notary public seal
affixed here)
6352152v3