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HomeMy Public PortalAboutState of Georgia- Utility Easement 11-13-14 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 /,3 day of A/r n b-c-- , 2014, the undersigned ,CITY OF TYBEE ISLAND, GEORGIA, a municipal corporation, ("Grantor"), whose address is/=b .. -2--7 /? T � 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 6352152v3 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] 6352152v3 GRANTOR: CITY OF TYBEE ISLAND By: Na Title: ■ ta& Signed, sealed and delivered as to Grantor this /e day of Aii the presence of: Unofficial Witness I*ficial Witness,Notary Public My Commission Expires: /o (Notary public seal affixed here) 6352152v3 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