COMMUNITY DEVELOPMENT DEPARTMENT 1725 Reynolds Street, Suite 200, Brunswick, GA 31520 To: Board of Commissioners VIA: Finance Committee From: David Hainley, Director Re: Accepting 0.744 acres of land and construction, drainage and utility easements from Plum Creek Land Company for a well and elevated water tank and authorizing the release of bids for the project. Date: November 21, 2013 REQUEST: Consider an offer from Plum Creek Land Company to donate 0.744 acres of land and construction, drainage and utility easements for a well and elevated water tank on Old Brookman Road. There is an approved well permit for the site and construction plans have been prepared to construct an elevated tank to provide adequate water and water pressure for the area. Staff also requests permission to release bids for the project. BACKGROUND: As a part of implementing the SPLOST 4 and 5 projects a composite development project consisting of a new Upper Floridan Aquifer well, elevated storage tank and water distribution lines. The well and elevated tank require a site area of approximately three quarters of an acre. (Plat attached) The well is designed to have a treated potable water capacity of one million gallons per day. The elevated tank has a height of one hundred-twenty five feet and a storage capacity of half a million gallons. The water distribution system in part connects to the end of the line on Buck Swamp Road and crosses SR82. There is also a temporary construction easement to serve as the staging area for development of the well and elevated storage tank. The development of the plans was coordinated with the Joint Water and Sewer Commission staff. FUNDING/COST ELEMENTS: The proposed construction has several SPLOST funding sources for the various plan elements that include: SPLOST 4 Water Well - Estimated Cost $1,400,000 SPLOST 5 Elevated water tank for Mainland System - Estimated Cost $1,100,000 Water line expansion - Estimated Cost $500,000
ALTERNATIVES: 1. Authorize the Chair to sign the deed accepting the property and accept the easements and release bids for construction. 2. Defer action. This would mean that no action would occur on construction of the well, elevated tank and water distribution system. 3. Do not authorize the Chair to sign the deed accepting the property and accept the easements. This would mean that no action would occur on project until a new site is acquired, re-engineered and re-permitted. RECOMMENDATION: Staff recommends Option No. 1 FINANCE COMMITTEE RECOMMENDED MOTION: I move to recommend to the Board of Commissioners to authorize the Chair to: (1) sign the deed accepting the property from Plum Creek Land Company, (2) accept the construction, drainage and utilities easements and (3) authorize staff to seek bids for construction of the well, elevated tank and water distribution system with funding to come from SPLOST 4 and 5. RECOMMENDED MOTION: I move to authorize the Chair to: (1) sign the deed accepting the property from Plum Creek Land Company, (2) accept the construction, drainage and utilities easements and (3) authorize staff to seek bids for construction of the well, elevated tank and water distribution system with funding to come from SPLOST 4 and 5.
LIMITED (SPECIAL) WARRANTY DEED THIS INDENTURE, made and entered into this day of, 2013, by and between PLUM CREEK LAND COMPANY, a Delaware Company, hereinafter referred to as "Grantor", and GLYNN COUNTY BOARD OF COMMISSIONERS, hereinafter referred to as "Grantee". Georgia; and WITNESSETH: WHEREAS, Grantor owns certain real property situate, lying and being in Glynn County, WHEREAS, Grantor desires to convey a portion of said land to Grantee and forever dedicate same for public purposes to be used for a public well site. NOW, THEREFORE, in consideration of the premises, Grantor has granted, bargained, sold and conveyed, and by these presents, does grant, bargain, sell and convey unto Grantee the following described property, to wit: All that lot, tract or parcel of land located, lying and being in G.M.D. 27, Glynn County Georgia, further described as follows: Beginning at a '/2 inch iron rebar set being the south easterly corner of the hereinafter described property. Said beginning point has Georgia State plane coordinates, East Zone, NAD 1983 of N=429524.17 and E=821755.60; thence running N 69 35' 25" west along the northerly right of way line of Old Brookman Road (80 foot right of way) for 244.23 feet to a 1/2 inch iron rebar set; thence running N 43 57' 03" east for 289.64 feet to a point; thence running S 5 25' 17" east for 295.01 feet back to the point of beginning. Said tract contains 0.744 acres and is more particularly described and depicted on that certain plat dated March 7, 2013, prepared by David L. Jachens, GA. R.L.S. No. 3170. Said plat is recorded in Book Page, in the office of Clerk of Superior Court, Glynn County, Georgia in. It is hereby agreed and understood that the timber removal will be at the discretion of the grantor and if retained it will be removed within 90 days from the date of this document. This property is being obtained for a public well site. If the site is not used for this purpose within eighteen (18) months or ceases to be used for this purpose, the property granted will revert to ands vest in Grantor, its successors and assigns, without the necessity of a conveyance from Grantee to Grantor.
TO HAVE AND TO HOLD the said bargained premises, together with all and singular the rights, members and appurtenances thereof to the same being, belonging or in anywise appertaining to the only proper use, benefit and behoof of the said Grantee, forever, in FEE SIMPLE. AND GRANTOR does hereby warranty and forever defend the right and title conveyed hereby in and to the above-described property against the lawful claims and demands of persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, and delivered these presents on the day and year first above written. Signed, sealed and delivered in the presence of: PLUM CREEK LAND COMPANY By: Witness Title Attest: Notary Public My Commission Expires: Title Witness GLYNN COUNTY BOARD OF COMMISSIONERS M. Notary Public Title Attest: Title Page 2 of 2
NOTES: 1. THIS PLAT MAY NOT REFLECT ALL RECORDED OR UNRECORDED EASEMENTS. 1YE 20.03 "-'. 2. THIS PLAT IS SUBJECT TO ALL RECORDED EASEMENTS AND LOCAL BUILDING RESTRICTIONS. CONTACT YOUR LOCAL GOVERNING AUTHORITIES FOR CURRENT BUILDING SETBACK REQUIREMENTS. OLD V -100% 'V0 LEGEND: o RBS RBF IRON REBAR SET HYDRANT SANITARY SEWER MANHOLE LIGHT POLE IRON REBAR FOUND IN MY OPINION THIS PLAT IS A TRUE AND CORRECT REPRESENTATION OF THE PROPERTY PLATTED AND HAS BEEN PREPARED IN CONFORMITY WITH THE MINIMUM STANDARDS AND REQUIREMENTS OF LAW. z 0 - - 0 o \ (\ WATER METER o U CHIP POWER POLE (OVERHEAD POWER) - >i'1oi CMF CONCRETE MONUMENT FOUND.- IPF IRON PIPE FOUND I I I I - RBF 5/8! - SEE DESCRIPTION D.B. 2846 PG 499 to DATEOF SURVEY 01 /16/13 1 N/F CMF R/W E.O.C. FIELD 1:15000+ TONY CHELEWSKI < ERROR/POINT 1" - z ADJ. METHOD OBSERVATION PID: 03-13797 E.O.C. PLAT 1 /1NF. I D.B. 62W 203 EQUIPMENT USED TRIMBLE S6/R8 CNSS /\ / 20.0 IF 1/2 cu\ \o\ \ 26 N/F. - I ' PLUM CREEK LAND CO. 3o\O' -. PlO: 02-02811 TEMPORARY CONSTRUCTION / EASEMENT I. / FOR GROUND ' / 17"E / STORAGE. 20,65 TANK / IRS 1 /2" BOLT / / / LINE ESTABLISHED PER / D.B. 2846 PC. 499 DESCRIP lion 4, NEW PROPERTY LINE TEMPORARY / CONSTRUCTION FOR GROUND STORAGE TANK 0- - 5 / / N69" 35' 06'V,, )- 21.81 / "-. N69" 35' 06'WJ (-RBS 1/2" 21.01 ESMT ACREAGE TABLE (TOTAL IN ACRES) AFFECTING PlO: 02-02811 TEMPORARY CONSTRUCTION 0.683 ACRE EASEMENT PROPOSED UTILITY 0.353 ACRE EASEMENT PROPOSED DRAINAGE 0.322 ACRE EASEMENT I su R CO BELLSOUTH TELEPHONE MARKER OtD IPF 1/2' '4v 0.744 ACRE A PORTION OF: PlO: 02-02811 REFERENCES: A BOUNDARY SURVEY OF: 0.744 ACRE A PORTION OF PID: 02-02811 27TH G.M.D. GLYNN COUNTY, GEORGIA PREPARED FOR: RBF c' r,1 II I 5/8 CL YNN COUNTY BOARD OF COMMISSIONERS _.4' tjj Ln tn "ito 22 E to PROPERTY LINE SHOWN ON TOPOGRAPHIC SURVEY PREPARED BY SHUPE SURVEYING CO., LLC. S69" 35' 11"E7 - RBF 5/8 15.95 1. D.B. 2846 PG. 499 -"-, 2. D.B. 62W PG. 203 (TIE LINE ONLY 571" 23' 20"E 7C"' " I APPROX. EDGE OF TREELINE PAINTED TREES FOUND ALONG LINE - P.O.B. ROS 1/2" N 429524.77 E 821755.60 WC/NITY -MAP NOT TO SCALE IPF 1/2" SET BY,.-' SHUPE SURVEYING N/F ncdr ALl i ourv,,c PlO: 02-01725 60 30 0 60 120 GRAPHIC SCALE (1" = 60') JA. C 1ENT S LAND SUWLEYING, INC. Professional Land Surveying. GIS "Mapping P.O. BOX 1720 i HINES'.ILLE, GA 31310 I EMAIL: djachens yohoo.coni PH 912.572.3395 I http: //www.jochensls.vpweb.com PROJECT No.: 13003 FIELD DATE: 01/16/13 DRAWN BY: DLJ PLAT DATE: 03/07/13 SCALE: 1"= 60' SHEET 1 OF 1
Return to: Glynn County Community Development 1725 Reynolds Street, Suite 200 Brunswick, GA 31520 (Above the Line Reserved for Clerk Recording Data) STATE OF GEORGIA COUNTY OF GLYNN UTILITIES EASEMENT THIS UTILITIES EASEMENT GRANT AND DEDICATION, made and entered into this day of, 2013, by and between Plum Creek Land Company, a Delaware corporation authorized to transact business in Georgia, having an office at One Concourse Parkway, Suite 755, Atlanta, Georgia 30328, (hereinafter referred to as the "Grantor") and GLYNN COUNTY, GEORGIA a political subdivision of the State of Georgia, acting by and through its Board of Commissioners, (hereinafter referred to as the "Grantee") WITNESSETH: For and in consideration of the premises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant and convey unto said Grantee, its successors and assigns, a perpetual easement and right to construction, reconstruct, install, locate, relocate, maintain, repair, replace and use water lines, sanitary sewer lines, valves, manholes, such other lines Grantee deems necessary for utilities Page 1 of 5
service, and related equipment and facilities and drainage over, across and through a portion of the Grantor's Property (the "Easement Area"), described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. 1. Grant of Easement for Utilities: a. Grantor hereby transfers and conveys an easement in and to all water lines, sanitary sewer lines, valves, manholes, access roads, ditch or creek crossing and related equipment and facilities (hereinafter referred to as "Utilities") in the Easement Area. b. The grant of this easement includes the right at all times for representatives of Grantee to enter upon said Easement Area for purposes described herein, including the right to cut away and keep clear of Utilities any and all vegetation that might, in the opinion of the Grantee, endanger or injure the Utilities or their appurtenances, or interfere with their proper operation or maintenance; the right of ingress to and egress from the Easement Area across the land referred to herein for the purpose of exercising the rights herein granted; provided, that failure of the Grantee to exercise any of the rights herein granted shall not be construed as a waiver or abandonment of the right hereafter at any time and from time to time to exercise any or all of same. Grantee shall not be liable for, or bound by, any statement, agreement or understanding not herein expressed. C. Grantor warrants that no building, shed, mobile home, fence, swimming pool or other such structures, or any crops, trees or large shrubs shall be erected or planted over Utilities nor within the boundary of the Easement Area as stated herein; that no other utility shall be permitted within the Easement Area that interferes with the operation and maintenance of the Utilities; that no fill material or paving shall be placed within the Easement Area unless permitted in writing by the Grantee; and, that any structure/fill material placed upon, or vegetation planted within the Easement Area in contradiction herein shall be removed at the Page 2of 5
property owner's expenses. d. In the event a building or other structure should be erected within the Easement Area, no claim for damages shall be made by Grantor, its heirs or assigns, on account of any damage that might occur to such structure, building or contents thereof due to the operation or maintenance of said Utilities or their appurtenances, or any accident or mishap that might occur therein or thereto. 2. Maintenance: Except as hereinafter provided, that in the event excavation, construction, reconstruction, installation, location, relocation, maintenance, repair or replacement are necessary to the Utilities, or equipment and facilities and drainage, as described above, the Grantee shall, at its expense, perform such work. Provided, however, the Grantee shall not be responsible for full restoration of the Easement Area to match the original condition. 3. Limitation of Easement Rights: The Grantor does not convey any land, but merely grants the rights, privileges and easement herein above set out. 4. Encumbrances: Grantor herein by these presents warrants there are no liens, mortgages, or other encumbrances to a clear title to the Easement Area, except as follows: which is recorded in the office of the Superior Court real property records of Glynn County in Book at Page and that Grantor is legally qualified and entitled to grant the easement herein with respect to the lands described. 5. Other or Special Terms and Conditions: It is hereby agreed and understood that timber removal will be at the discretion of the Grantor and if removed, it will be removed within 90 days from the date of this document. Grantor expressly reserves the right of use of the lands described herein for the purposes which are not inconsistent with the easement privileges herein granted, including, but not limited to, the right to cross the lands at will in the management of its properties. Page 3 of 5
TO HAVE AND TO HOLD the above described utility easement rights in and to the said Easement Area to the Grantee, so that neither the Grantor nor any person or persons claiming under it shall at any time, by an means or ways, dispute the perpetual easement right of the Grantor to the use of said easement. IN WITNESS WHEREOF, the said Grantor has set their hand and affixed their seal of the undersigned and delivered these presents on this the day and year first above written. PLUM CREEK LAND COMPANY By: Its ATTEST: By: Its (CORPORATE SEAL) Unofficial Witness Signed, sealed and delivered on this day of, 20, and in the presence of: NOTARY PUBLIC My Commission Expires Page 4 of 5
EXHIBIT "A" All that certain lot, tract or parcel of land, located, lying and situated in Georgia Militia District 27, Glynn County, Georgia, further described as follows: All that certain tract labeled "Proposed 20' Utility Easement" on that certain plat dated March 7, 2013, prepared by David L. Jachens, GA. R.L.S. No. 3170, entitled "A Boundary Survey Of: 0.744 Acre". Said tract contains 0.353 acres and lies westerly of that certain drainage easement being conveyed to Grantee concurrently hereto. Said tract is 752.06 feet, more or less in length and is more particularly described and depicted on the above-referenced plat. Said plat is recorded in the office of Clerk of Superior Court, Glynn County, Georgia. in Book Page and for all purposes is made a part of this description. Page 5 of 5
(Above the Line Reservedfor Clerk Recording Data) Return to: Glynn County Community Development 1725 Reynolds Street, Suite 200 Brunswick, GA 31520 STATE OF GEORGIA COUNTY OF GLYNN DRAINAGE EASEMENT THIS DRAINAGE EASEMENT GRANT AND DEDICATION, made and entered into this day of, 2013, by and between Plum Creek Land Company, a Delaware corporation authorized to transact business in Georgia, having an office at One Concourse Parkway, Suite 755, Atlanta, Georgia 30328, (hereinafter referred to as the "Grantor") and GLYNN COUNTY, GEORGIA a political subdivision of the State of Georgia, acting by and through its Board of Commissioners, (hereinafter referred to as the "Grantee"). WITNESSETH: For and in consideration of the premises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant and convey unto said Grantee, its successors and assigns, a perpetual easement and right to construction, reconstruct, install, locate, relocate, maintain, repair, replace and use drainage lines, drainage ditches, and such other facilities Grantee deems necessary for drainage over, across and Page 1 of 5
through a portion of the Grantor's Property (the "Easement Area"), described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. 1. Grant of Easement for Utilities: a. Grantor hereby transfers and conveys an easement in and to all drainage lines, drainage ditches, ditch or creek crossing and related drainage equipment and facilities (hereinafter referred to as "Utilities") in the Easement Area. b. The grant of this easement includes the right at all times for representatives of Grantee to enter upon said Easement Area for purposes described herein, including the right to cut away and keep clear of Utilities any and all vegetation that might, in the opinion of the Grantee, endanger or injure the Utilities or their appurtenances, or interfere with their proper operation or maintenance; the right of ingress to and egress from the Easement Area across the land referred to herein for the purpose of exercising the rights herein granted; provided, that failure of the Grantee to exercise any of the rights herein granted shall not be construed as a waiver or abandonment of the right hereafter at any time and from time to time to exercise any or all of same. Grantee shall not be liable for, or bound by, any statement, agreement or understanding not herein expressed. C. Grantor warrants that no building, shed, mobile home, fence, swimming pool or other such structures, or any crops, trees or large shrubs shall be erected or planted over Utilities nor within the boundary of the Easement Area as stated herein; that no other utility shall be permitted within the Easement Area that interferes with the operation and maintenance of the Utilities; that no fill material or paving shall be placed within the Easement Area unless permitted in writing by the Grantee; and, that any structure/fill material placed upon, or vegetation planted within the Easement Area in contradiction herein shall be removed at the property owner's expenses. Page 2 of 5
d. In the event a building or other structure should be erected within the Easement Area, no claim for damages shall be made by Grantor, its heirs or assigns, on account of any damage that might occur to such structure, building or contents thereof due to the operation or maintenance of said Utilities or their appurtenances, or any accident or mishap that might occur therein or thereto. 2. Maintenance: Except as hereinafter provided, that in the event excavation, construction, reconstruction, installation, location, relocation, maintenance, repair or replacement are necessary to the Utilities, or equipment and facilities and drainage, as described above, the Grantee shall, at its expense, perform such work. Provided, however, the Grantee shall not be responsible for full restoration of the Easement Area to match the original condition. 3. Limitation of Easement Rights: The Grantor does not convey any land, but merely grants the rights, privileges and easement herein above set out. 4. Encumbrances: Grantor herein by these presents warrants there are no liens, mortgages, or other encumbrances to a clear title to the Easement Area, except as follows: which is recorded in the office of the Superior Court real property records of Glynn County in Book at Page and that Grantor is legally qualified and entitled to grant the easement herein with respect to the lands described. 5. Other or Special Terms and Conditions: It is hereby agreed and understood that timber removal will be at the discretion of the Grantor and if removed, it will be removed within 90 days from the date of this document. Grantor expressly reserves the right of use of the lands described herein for the purposes which are not inconsistent with the easement privileges herein granted, including, but not limited to, the right to cross the lands at will in the management of its properties. Page 3 of 5
TO HAVE AND TO HOLD the above described utility easement rights in and to the said Easement Area to the Grantee, so that neither the Grantor nor any person or persons claiming under it shall at any time, by an means or ways, dispute the perpetual easement right of the Grantor to the use of said easement. IN WITNESS WHEREOF, the said Grantor has set their hand and affixed their seal of the undersigned and delivered these presents on this the day and year first above written. PLUM CREEK LAND COMPANY By: Its ATTEST: By: Its (CORPORATE SEAL) Unofficial Witness Signed, sealed and delivered on this day of 5 2013, and in the presence of: NOTARY PUBLIC My Commission Expires Page 4 of 5
EXHIBIT "A" All that certain lot, tract or parcel of land located, lying and situated in Georgia Militia District 27th of Glynn County, Georgia, described as follows: All those certain tracts labeled, "Proposed 20' Drainage Easement" and "Proposed 30' Drainage Easement" on that certain plat dated March 7, 2013, prepared by David L. Jachens, GA. R.L.S. No. 3170, entitled "A Boundary Survey Of: 0.744 Acre".. Said tract contains 0.322 acres and lies northerly of the 0.744 acre tract conveyed to Grantee concurrently hereto. Said 20 foot wide portion is 289.64 feet in length and the 30 foot wide portion is 270.53 feet in length. Said easement begins at Old Brookman Road (80 foot right of way) and extends to U.S. Highway No. 82 (200 foot right of way). Said described tract is more particularly described and depicted on the above-referenced plat. Said plat is recorded in the office of the Clerk of Superior Court, Glynn County Georgia in Book Page and for all purposes is made a part of this description. Page 5 of
STATE OF GEORGIA COUNTY PF GLYNN CONSTRUCTION EASEMENT (Temporary) THIS temporary easement made the day of 2013, by and between Plum Creek Land Company, a Delaware Company. herein the "Grantor" and Glynn County Board of Commissioners, herein the "Grantee". WITNES SETH For and in consideration of one dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, the Grantor does hereby grant and convey unto said Grantee, a temporary construction easement and right to use that certain tract of land, hereinafter described for storage and laydown yard. The easement right granted includes the right, privilege and easement at all times for grantee, its representatives and assigns to go in, upon, along and across that portion of grantors' land in Glynn County, Georgia, which comprises the easement, described as follows, to wit: All that certain lot, tract or parcel of property located, lying and being in G.M.D. 27, Glynn County, Georgia further described as follows: 2015 To establish the point of beginning start at an V2 inch rebar set located at the southeasterly corner of that certain 0.744 acres being conveyed to grantee herein, said point has Georgia State Plane coordinates, East Zone NAD 1983, of N=429524.77 and E821755.60, thence running N 69 35' 25" west along the northerly right of way line of Old Brookman Road (80 foot right of way) for 244.23 to a V2 inch iron rebar set; thence running N 69 35' 06" west for 43.62 feet to the point of Beginning; thence running N 69 38' 06" west along said right of way line for 109.12 feet to a point; thence running N 43 57' 03" east for 319.14 feet to a point; thence running S 46 02' 57" east for 100.00 feet to a point located on the northwesterly line of that certain 20 foot utility easement being conveyed to grantee herein; thence running S 43 57' 03" west for 275.48 feet back to the point of Beginning. Said described tract contains 0.683 acres and is more particularly described and depicted on that certain plat dated March 7, 2013, prepared by David L. Jachens, GA. R.L.S. No. 3170. Said plat is recorded in the office of Clerk of Superior Court, Glynn County Georgia, in Book plat Said Temporary Easement will begin the date of this document and will cease and terminate June 30, It is hereby agreed and understood that timber removal will be at the discretion of the grantor and if retained it will be removed within 90 days from the date of this document.
Grantor expressly reserves the right of use of the lands described herein for the purposes which are not inconsistent with the easement privileges herein granted, including, but not limited to, the right to cross the lands at will in the management of its properties. The undersigned grantee herein does not convey any land, but merely grants the rights, privileges and easements herein above set out. Said grantee shall not be liable for or bound by, any statement, agreement or understanding not herein expressed. IN WITNESS WHEREOF, the grantors have set their respective hands, affixed their individual seals and delivered these presents on the day and year first above written. Signed, Sealed and delivered in the Presence of: Plum Creek Land Company Witness Notary Public My commission expires: Attest: Title Title Witness Glynn County Board of Commissioners Notary Public Title Attest: Title Page 2 of 2