WATER UTILITY SYSTEM EASEMENT AGREEMENT STATE OF

Return Recorded Document to:

City of Atlanta

Department of Watershed Management

55 Trinity Avenue, Suite

Atlanta, Georgia 30303

Attn: Dexter White

Parcel Identification No.:

Project:

WATER UTILITY SYSTEM EASEMENT AGREEMENT

STATE OF GEORGIA

COUNTY OF FULTON

This Water Utility System Easement Agreement (this "Agreement") made this _____ day

of _____________, 2014 (the "Effective Date"), by and between the Fulton County Board of

Education, a political subdivision of the State of Georgia, party of the first part (hereinafter

called "Grantor"), and the City of Atlanta, a municipal corporation of the State of Georgia, party

of the second part (hereinafter called "Grantee"), their respective successors and assigns:

W I T N E S S E T H:

WHEREAS, Grantor is the owner of certain real property and improvements in the City

of College Park, Fulton County, Georgia, more commonly known as Cliftondale Elementary

School (the “School Property”); and

WHEREAS, Grantee desires non-exclusive access to a portion of the School Property to

install, construct, enlarge, use, replace, reconstruct, maintain, test, inspect and repair, that certain

underground and/or above ground water vault and related utility lines and all appurtenant

facilities (the "Installations"), for the benefit of Grantor and Grantee; and

WHEREAS, the Easement Area (as defined below) is not required for education

purposes; and

WHEREAS, upon completion of the installation and construction of the Installations,

Grantee intends to be responsible for all costs associated with the use, maintenance, repair,

replacement, inspection, enlargement, and reconstruction of the Installations; and

WHEREAS, in order to evidence the understanding between Grantor and Grantee with

respect to the Easement Area, Grantor intends to declare, establish, create, grant, and/or convey

certain easement rights to Grantee for and with respect to the construction of the Installations and

utilization of the Easement Area, all as more particularly set forth herein.

NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) in

hand paid by the parties one to the other, the covenants contained herein, the benefits to be

conferred on Grantor's property, and other good and valuable consideration, the receipt,

adequacy and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree

as follows:

1. Water Utility System Easement. The following easement is hereby granted,

established, declared, created, and/or conveyed, subject to the provisions of this Agreement,

including, but not limited to, Section 3 below.

(a) Easement. Grantor, and for and on behalf of his, her, its or their heirs,

administrators, executors, successors and assigns, and for and on behalf of anyone claiming by,

through or under Grantor, does hereby grant, bargain, sell and convey unto Grantee and its

successors and assigns, a perpetual, non-exclusive easement in, on, over, under, across and

through that certain portion of the School Property shown as the "10' x 15' Water Vault

Easement" on that certain plat titled "Water Vault Easement #1 Cliftondale Elementary School"

prepared for The Fulton County Board of Education, dated August 21, 2012, and sealed by Craig

Jennings, G.R.L.S. No. 3043, attached hereto as Exhibit "A" and incorporated herein by this

reference, and as more particularly described in the legal description of said easement area

attached hereto as Exhibit "B" and incorporated herein by this reference (the "Easement Area").

The rights, benefits, privileges, and easements granted herein are for the purpose of the

installation, construction, enlargement, use, replacement, reconstruction, maintenance, testing,

inspection and repair, and the non-exclusive use and enjoyment of the Installations to channel,

distribute or transport water, storm water, sewerage, reuse water or such other liquid substances

Grantee may find necessary to manage, treat, distribute or dispose of, together with the right to

perform such excavation, grading, and general earth disturbing activities necessary or incidental

thereto, and together with all rights, members and appurtenances to said easement and right-of-

way in any way appertaining or belonging. The easements granted herein shall include:

i. all rights, benefits, privileges, and easements necessary or

convenient for the full enjoyment and use of the Easement Area for the purposes described

herein;

ii. the right of entry into and upon the School Property for the purpose

of access and ingress to and egress from the Easement Area in order to effect the rights,

privileges and easements set forth herein;

iii. the right to cut away and keep clear, remove and dispose of all

trees, undergrowth or other obstructions now or as may exist on the Easement Area, which

removal is necessary for Grantee's use and enjoyment of easements, rights and privileges granted

herein; and

iv. the right, when required by law, governmental regulation or

necessity to conduct scientific, geotechnical, archaeological or other studies, investigation or

other testing on or below the ground surface of the Easement Area.

2. Reservation of Rights. Except for the rights, privileges, benefits and easements

granted herein, Grantor hereby reserves all its right, title and interest in and to the Easement Area

incident to the fee simple estate thereof and for any and all purposes not inconsistent with

Grantor’s declaration of the Water Utility System Easement as expressly permitted herein.

3. Conditions and Obligations of Easement Use.

(a) The use of the Easement Area by the Grantee shall be in accordance with

all laws, ordinances, codes, and regulations of all governmental authorities having jurisdiction

over the Easement Area. Any such use of the Easement Area by the Grantee shall be undertaken

in such a manner as to minimize the disturbance to and interruption of Grantor's use of the

School Property to the greatest extent practicable.

(b) Grantee shall operate, repair, replace and maintain continuously the

Installations upon the Easement Area.

incurred in connection with the installation, construction, maintenance, operation, repair,

reconstruction and/or replacement of the Installations. The Easement Area shall remain free and

clear of all liens and other encumbrances arising out of the exercise by the Grantee of its rights

hereunder.

(d) Any construction, maintenance, repair or other work or activities

performed on or within the Easement Area by Grantee shall be done in a good workmanlike

manner and the Easement Area shall be left in a clean and good condition, with all debris

removed there from and with trenches and cuts properly filled so that all grades, paved areas,

permitted landscaped and grassed areas and other permitted improvements which may have been

disturbed by such work are restored to their former condition as nearly as practicable; provided

that if the affected area within the Easement Area is natural and has not been improved, such

areas shall be smoothed to commercial lawn grade and seeded with grass following such activity.

(e) Except in the event of an emergency, Grantee shall use commercially

reasonable efforts to provide Grantor with at least ten (10) days prior written notice of any

construction, maintenance, repair or other work or activities to be performed on or within the

Easement Area by Grantee.

4. Repair. In the event that the Grantee, its employees, agents, or assigns, shall

damage the Easement Area or the School Property, then, at its sole cost and expense and within

thirty (30) days after receipt of written notice from Grantor that Grantee has caused such

damage, Grantee shall repair, or cause to be repaired, such damage in a good, clean, and

workmanlike manner, and to a standard reasonably expected in the industry. In the event the

Grantee shall fail to timely repair the damage done by the Grantee to the Easement Area or the

School Property, then Grantor shall have the right, but not the obligation, to repair such damage

and, promptly upon receipt of written demand therefor, the Grantee shall reimburse Grantor for

all costs and expenses incurred in repairing such damage.

5. Covenants of Grantor.

(a) Grantor agrees that no encroachments or obstructions shall be placed on

said Easement Area in any manner that is inconsistent with the use and enjoyment of easements,

rights and privileges granted herein.

(b) Grantor waives all right to any further compensation for the use and

enjoyment of the rights and privileges granted herein.

through which the Water Utility System Easement is granted, shall not be allowed any other or

further relief from assessment and/or charges for sewers installed in any street or streets which

abut the School Property, except as provided by law.

(d) Grantor does hereby covenant with the Grantee that Grantor is lawfully

seized and possessed of the Easement Area above described, that it has a good and lawful right to

convey said easements, rights and privileges granted herein.

6. Successors and Assigns. The Water Utility System Easement shall run with title

to and burden the Easement Area and shall be binding upon and inure to the benefit of and be

enforceable by the heirs, legal representatives, successors and assigns of Grantor and Grantee.

All obligations of Grantor and Grantee hereunder shall be binding upon their respective

successors-in-title and assigns.

7. Entire Agreement. This Agreement constitutes the entire agreement between the

parties and understanding between Grantor and Grantee relating to the subject matter hereof and

may not be amended, waived or discharged except by instrument in writing executed by the party

against which enforcement of such amendment, waiver or discharge is sought.

8. Severability. The invalidity of any one of the covenants, agreements, conditions

or provisions of this Agreement, or any portion thereof, shall not affect the remaining portions

thereof, or any part thereof, and this Agreement shall be modified to substitute in lieu of the

invalid provision, a like and valid provision which reflects the agreement of the parties with

respect to the covenant, agreement, condition or provision which has been deemed invalid.

9. Signatures. This Agreement may be executed in two or more counterparts, each

of which shall be deemed an original, but all of which together shall constitute one and the same

instrument, and upon execution by the Grantor and Grantee, this Agreement shall be promptly

recorded in the Official Records of Fulton County, Georgia.

10. Time of Essence. Time is of the essence with respect to this Agreement.

11. Governing Law. This Agreement shall be governed by and construed in

accordance with the laws of the State of Georgia.

[SIGNATURES APPEAR ON THE FOLLOWING PAGE.]

[SIGNATURE PAGE TO WATER UTILITY SYSTEM EASEMENT AGREEMENT]

IN WITNESS WHEREOF, Grantor and Grantee have signed, sealed and delivered this

Agreement as of the day and year first set forth above.

Signed, sealed and delivered

in the presence of:

Witness

Notary Public

My Commission Expires:

(NOTARY SEAL)

Grantor:

FULTON COUNTY BOARD OF

EDUCATION, a political subdivision of the

State of Georgia

By: ______________________________________

Name: ___________________________________

Title: ____________________________________

[SIGNATURES CONTINUE ON FOLLOWING PAGE.]

[SIGNATURE PAGE TO WATER UTILITY SYSTEM AGREEMENT (continued)]

Signed, sealed and delivered

in the presence of:

Witness

Notary Public

My Commission Expires:

(NOTARY SEAL)

Grantee:

CITY OF ATLANTA, a municipal corporation

of the State of Georgia

By: ______________________________________

Name: ___________________________________

Title: ____________________________________

Attest:

By: ______________________________________

Name: ___________________________________

Title: ____________________________________

Approved as to form:

By: ______________________________________

Name: ___________________________________

Title: ____________________________________

[END OF SIGNATURES.]

EXHIBIT "A"

Easement Plat

[See attached.]

EXHIBIT "B"

Legal Description of the Easement Area

All that tract or parcel of land lying and being in Land Lot 154 of the 14F District of Fulton

County, Georgia and being more particularly described as follows:

Commence at the intersection of the northerly right of way line of Ann Arbor Drive having a 60'

right of way and the westerly right of way of Arbor Shores Drive having a 60' right of way and

thence run along said northerly right of way 270.00 feet to a 1/2 inch rebar found at the end of

the right of way of Ann Arbor Drive and the East Land Lot line of Land Lot 154; Thence run

along said East Land Lot line South 01 degrees 39 minutes 34 seconds West, a distance of 2.81

feet to a point and the Point of Beginning; Thence from said Point of Beginning and continuing

along said East Land Lot line run South 01 degrees 39 minutes 34 seconds West, a distance of

10.00 feet to a point; Thence leaving said East Land Lot line and run North 88 degrees 20

minutes 26 seconds West, a distance of 15.00 feet to a point; Thence run North 01 degrees 39

minutes 34 seconds East, a distance of 10.00 feet to a point; Thence run South 88 degrees 20

minutes 26 seconds East, a distance of 15.00 feet to a point located on said East Land Lot line

and the Point of Beginning.

Said tract or parcel containing 150 square feet and being more particularly shown as "10' x15'

Water Vault Easement" on that certain plat titled "Water Vault Easement #1 Cliftondale

Elementary School" prepared for The Fulton County Board of Education, dated August 21, 2012,

and sealed by Craig Jennings, G.R.L.S. No. 3043.