HomeMy Public PortalAbout100_072_GEFA Well Utility Easement_08-06-14 DRAFT DRAFT—August 6,2014
After 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:
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
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
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Tybee Island Utility Easement
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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 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.
GRANTOR:
Signed, sealed and delivered this
day of in the presence The City of Tybee Island
of:
By:
Witness
Name:
Notary Public Title:
My Commission Expires:
(NOTARY SEAL)