HomeMy WebLinkAboutPepperridge Pointe
Augusta Richmond GA
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DOCUMENT TYPE: , '''- ~
YEAR: \C1 C, ~
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BOX NUMBER: ')
FILE NUMBER: 1 ~ '1lP 1
NUMBER OF PAGES:
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RETURN TO:
Harry D. Revell
:454 Greene St.
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REEL 603 PAGE 392
sa JUL \ 3 PI'l 3: 45
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RiCHMOND C{)llNTY~ GBOR6IA
R,'~i .:[>11Me 1i~:.if~ Tax
ORIGINAL REEL RECORDED
REEL 603 PAGE 392
WIP 10: 363804
Paid $ D
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EWne C. John
Cfn'k 0/ Superior Court
DEED OF DED~ON
THIS INDENTURE, made this x.= day of June, 1998, by and between
PEPPER.IDGE POINTE, INC., hereinafter referred to as the party of the first part, and
the AUGUSTA, GEORGIA COMMISSION COUNCIL, a political subdivision of the State
of Geor~lia, a political subdivision under the laws of the State of Georgia, hereinafter
referred to as the party of the second part;
STATE OF GEORGIA
RICHMOND COUNTY
WIT N E SSE T H:
That the Party of the Grantor, for and in consideration of the sum of One
and No/100 ($1.00) Dollar cash in hand paid by the party of the second part, the receipt
whereof is hereby acknowledged, and other valuable consideration, has granted,
bargained, sold, conveyed and confirmed, and by these presents does grant, bargain,
sell, convey and confirm unto the party of the second part, its successors find assigns,
the following described property, to-wit:
AN EASEMENT IN PERPETUITY UNDER, ACROSS AND THROUGH the
approximately marked strips of land, together with the pipelines and appurtenances
located therein which are delineated on a plat prepared for Pepperidge Pointe, Section
2, by H. Lawson Graham and Associates, Inc., dated November 14, 1997, to which plat
referencE~ is made for a more complete and accurate description as to the metes, bounds
and location of said easement, said plat being recorded in the office of the Clerk of the
Superior Court of Richmond County, Georgia, in Realty Reel 588, pages 1773-1778.
Said easement being in the nature of a right-of-way for the purpose of
laying, relaying, installing, extending, operating, repairing and maintaining pipelines
transporting and carrying utility services, the same hereinafter being referred to as the
"Project";
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:REEL 603 PAGE 393
Together with the right, when construction or maintenance is necessary,
to dig sLlch trenches of said property, as described by the deed, as may be necessary
for the project; to pipe thereon the material excavated, and to haul pipe, supplies and
equipment connected with the construction and maintenance thereof, over, along and
across the said property.
The party of the first part, his, heirs, legal representatives, and assigned,
after the completion of the Project, shall have the right to use said parcel in any manner
not inconsistent or interfering with the rights herein granted, EXCLUDING the right to
erect, construct, or maintain thereon any buildings or permanent improvements.
AS A PART of the consideration for said conveyance, the party of the
second part covenants as follows:
(a) To cause the top of the pipelines to be laid a sufficient depth below the
surface of the ground so as to permit the use of the surface thereof by the party of the
first part for normal agricultural purposes; however in the case of ravines, streams or low
places 011 the property, the party of the second part may install the pipelines above the
ground, provided that the pipelines shall be laid and maintained so as not to interfere
with the natural flow of the surface or any streams thereon;
(b) To refill the trenches it shall dig in connection with repairs, construction,
maintenclnce, or extension, so as to have the land available and ready for ordinary
purpose of agriculture;
(c) To exercise the right of extending, making repairs to and maintain said
property in a careful and skillful manner, avoiding unnecessary damage to any crop,
plants, shrubs or trees growing upon said parcel of land, and in case of any such
unneces~;ary damage, to compensate the party of the first part for such damage; and
(d) To give reasonable notice to the party of the first part of its intention
to enter the said property in the exercise of the rights herein conferred except in cases
of emergency.
TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges
and appurtenances unto the said party of the second part, its successors and assigns,
in perpetuity.
AND THE SAID PARTY OF THE FIRST PART, his heirs ale legal
representatives shall and will forever warranty and defend the said party of the second
part, his successors and assign, the rights, way, and easements, privileges, and
appurtenance conveyed herein, against the claim or claims of any person or person
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REEL 603 PAGE 394
WHENEVER there shall be more than one grantor, the phrase "party of the
first part" and all related pronouns, related pronouns and verbs shall read as if written
in the plural form, and when appropriate such phrase and related pronouns and relative
pronoum; shall be read as if written in the feminine or neuter, and when the grantor is
a corporation, the word "successor" shall be substituted for the words "heirs" and "legal
representatives" at the appropriate place or places.
IN WITNESS WHEREOF, the said party of the first part has caused these
presents to be executed the day and year first above written as the date of these
presents.
SIGNED, SEALED AND DELIVERED )
in thE~ presence of: )
~~.~d l
(Unofficial itne )
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;{.~~d~l
NOl=ARY PUBLIC, )
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My Commission Expires: :J -..5 - d-D CJ (::)
PEPPERIDGE POINTE" '
INC.
By
ACCEPTED BY:
(L.S.)
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GAJ RI CHt~6~r~:b;~;t1y G~~~~~COURT
FILED FOR RECORQ"1,~,.:..fllL '1998 AT 03:45Pt1
RECORDED 13 JUL\i9~8'- ,
RiCHMOND COUNIT. GlIJORGlA.
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E!o.4n.: C. Jo r'ATE OF GEORGIA (''1 Jill I
Clerk of SuperWr Co r ~'... '"
COUNTY OF RICHMONtiL;",; _- '.., Y '1:;<SOi'~
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REEL 603 PAGE 39S~
RETURN TO:
Harry D. Revell
- 454 Greene St.
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Q~tJI;'>', OF', lQ,I;:P,Wlillil'1rON
~LL \.' v. .
WHEREAS, Pepperidge pointe, Inc., a corporation organized
and existing under the laws of the State of Georgia and
Augusta, Georgia owns a tract of land in Richmond County,
GE~orgia known as Pepperidge pointe Subdivision Section Two and
in the building of a housing subdivision on said tract, it has
laid out a storm drainage system, water distribution system,
road and street sys tern, and sani tary sewerage and to al so
include any sewerage lift station or pump station serving any
system within the section of the subdivision and;
WHEREAS, it is the desire of Pepperidge pointe, Inc., to
deed the storm drainage system, water distribution system,
rO:ld and street system, sewerage, lift or pump station to
Augusta, Georgia, a political subdivision acting by and
through its Corrunission for maintenance and control; and
WHEREAS, a plat of Pepperidge pointe Subdivision Section
Two has been prepared by H. Lawson Graham and Associates, Inc.
dated November 14, 1997 and said plat has been recorded in the
Office of the Clerk of the Superior Court of Richmond County,
Georgia in Deed Reel m, pages I.1.!i3:- j'1.2f; and to which
reference is hereby had to said plat for a more complete and
accurate description as to the land herein described; and
WHEREAS, Augusta, Georgia by and through its Corrunission
haH consented and agreed to accept and maintain said storm
drainage system, water distribution system, and road and
street system, sewerage system, and lift or pump station.
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NOW, THEREFORE, this indenture made this .~ _ aay of
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~ , 1991 between Pepperidge pointe, Inc., hereinafter
ef erred to as the party of the firs t part and Augusta,
Georgia, A POLITICAL SUBDIVISION, by and through its
Commission, hereinafter referred to as the party of the second
part,
ORIGINAL REEL RECORDED
REEL 603 PAGE 395
WIP 10: 363805
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REEL 683 PAGE 396 :
WIT N E SSE T H
That the party of the first part for and in
consideration of the sum of Ten and no/100 ($10.00) Dollars,
to it in hand well and truly paid by the said party of the
sE!cond part at and before the sealing and delivery of these
presents, the receipt of which is hereby acknowledged and
for the further consideration of the benefits to its
property by the maintenance of said storm drainage system,
water distribution system, road and street system, sewerage
system, and pump or lift station by the party of the second
part, has and does by these presents, grant, bargain, sell
and confirm unto the said party of the second part, its
su~cessors and assigns, the following, to-wit:
All the right, title and interest of the Party of the
First Part in and to the storm drainage system, water
di.3tribution system, road and street system, sewerage system
and lift and pump station as the same are now located and
existing in Pepperidge pointe Subdivision Section Two as
shown on a plat of said subdivision, which plat was prepared
by H. Lawson Graham & Associates, Inc. and which plat is
recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia in Deed Reel ~, Pages / '173-/7';1.
Together with all of the necessary rights of ingress
and egress for the purpose of maintaining the described
storm drainage system, water distribution system, road and
street system, sewerage system 'and lift and pump station.
Thj,s deed is subject to any utility easements which have
been granted in the past and all telephone lines, gas lines,
or power lines for the transmission of electricity which has
beE:n granted in the past and the Grantor herein reserves an
easement over the storm drainage system, the road and street
system, sewerage system and pump and lift station herein
conveyed for the purpose of the maintenance and installation
of power lines for the transmission of electricity,
telephone lines, and gas lines for the purpose of serving
said subdivision and the property adjacent thereto.
TO HAVE AND TO HOLD said storm drainage system, water
distribution system, road and street system, sewerage system
and lift and pump station together with all and singular,
the rights, members, appurtenances thereof to the same
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REEL 633 PAGE 397
being, belonging, or in anywise appertaining to the only
proper use, benefit and behoof of the said party of the
sE!cond part, its successors and assigns forever in fee
simple.
AND the said party of the first part, its successors and
assigns, will warrant and defend the right and title to the
above described property, to the said party of the second
part, its successors and assigns, against all claims of all
persons whosoever.
IN WITNESS WHEREOF, the party of the first part has
hereunto set its hand and affixed its seal the day and year
first above written.
delivered
Pepperidge pointe, Inc.
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Net ary publ J.C
Columbia County, Georgia
My commission expires: 05/07/99
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Accepted by Augusta, Georgia,
by and th ugh its Commission
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PrE!pared by:
James F. Findlay
1557 Gordon Highway Suite D
Au~rus ta, Georgia 30906
TIlIt doc:umtm approved as
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GAl RICHMOND COUNTY CLERK SUPERIOR COURT
FILED FOR RECORD 13 JUL 1998 AT 03:46PM
RECORDED 13 JUL 1998
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STATE OF GEORGIA
C01;~TY OF RICIDI0/\,/)
MAINTENANCE AGREEMENT
TIllS AGREEMENT, entered into this ~ day of ~a:-€ 199~by and between
Pepperidge Pointe Development, Inc. hereinafter referred to as the "DEVELOPER", and the AUGUSTA,
GEORGIA COMl\.1lSSION/COUNCIL, a political subdivision of the State of Georgia, hereinafter referred to as
the "CITY."
WHEREAS, the DEVELOPER requested that the Augusta., Georgia Commission/Council accept certain
streets, storm drainage and sewer lines, water lines and mains or mains, pipes, valves, and connections, and
appurtenances for the subdivision, as shown by deed contemporaneously tendered and recorded in the office of the
Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel Page ; and
WHEREAS, the CITY has adopted a policy requiring the DEVELOPER to maintain all installations laid
or installed in the subdivision for a period of twelve months, which the CITY accepts by deed;
NOW, THEREFORE, in consideration of the premises, the expense previously incurred by the
DEVELOPER and the mutual agreement hereinafter set out, IT IS AGREED that:
(1) The CITY accepts certain streets, storm drainage and sewer lines, water lines and mains or mains,
pipes, valves, and connections, and appurtenances tor the subdivision, respectively described in the deed
contemporaneously tendered herewith to the Augusta-Richmond County Commission, recorded in the office of the
Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel Page
(2) The JDEVELOPER agrees to maintain all the installations laid or installed in said subdivision as
described in said deed for a period of twelve months from the date herein.
(3) The DEVELOPER agrees that, if during said twelve month period there is a failure of the
installations laid or installed in said subdivision described in the deed due to failure or poor workmanship, the
DEVELOPER shall be responsible for adequate maintenance and repair.
(4) In the event of such failure of the improvements, the CITY shall notify the DEVELOPER and set
torth in writing the ttems in need of repair. The DEVELOPER shall present, within fifteen business days, its
proposed plan of repair and shall have the repairs completed in a reasonable time, as determined by the
CITY.
(5) If, in the event of an emergency, as determined by the CITY, the DEVELOPER is unable to
respond in a timely manner, the CITY shall be authorized to erect barricades, traffic direction devices and
such other temporary measures as are necessary to remedy the emergency nature of the problem at the
DEVELOPER'S expense and allow the DEVELOPER time to make the needed repairs.
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(6) In dle event the DEVELOPER fails to comply with the terms of this agreement, then the CITY
shall proceed to have the necessary corrective work done, and the DEVELOPER agrees to be responsible to the
CITY for payment in full of costs. of repairing the improvements due to failure of material or poor workmanship as
liquidated damages,
IN WITNESS WHEREOF, tile DEVELOPER has hereunto set his hand and seal and the CITY has
caused the execution of this agreement by and through its duly authorized otlicers and agents, with its seal affixed,
the day and year fIrst above written.
SIGNED, SEALED, AND DELIVERED DEVELOPER in our presence:
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Pepperidge Pointe Development, Inc.
B~~. (SEAL)
As Its: ~~
Witness
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Attest:
Notary Public
As Its:
My Commission Expires
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AUGUSTA, GEORGIA
COMMISSION/COUNCIL
(SEAL)
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'Illlt cloeument ~rovtd as
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STATE OF GEORGIA
COUNTY OF RICHMOND
THIS AGREEMENT, entered into this L day of J:r/fG'
199?, by and between pepperidge pointe, Inc., hereinafter referred
to as "Developer", and Augusta, Georgia, a political subdivision of
the State of Georgia, acting by and thr0ugh its Commission
hereinafter referred to as "Augusta";
WHEREAS, the Developer requests that the Augusta, Georgia,
Commission accept certain roads, storm drains, sewerage and water
distribution system, sewerage, lift or pump station in Pepperidge
pointe Subdivision Section Two as shown on a plat prepared H.
Lawson Graham and Associates, Inc., dated November 14, 1997 and
which plat is recorded in the Office of the Clerk of the Superior
Court of Richmond County, Georgia in deed reel
, page
WH~REAS, Augusta, Georgia has adopted a policy requiring the
Developer to maintain all installations laid or installed in the
subdivi8ion for a period of twelve months, which Augusta accepts by
deed;
NOlq THEREFORE, in consideration of the premises, the expense
previously incurred by Developer and the mutual agreements
hereinafter set out, IT IS AGREED THAT:
(1: Augus ta accepts the roads, storm drains, sewerage and
water distribution, storm drainage system, lift or pump station and
appurtenances, respectfully described in the "Deed of Dedication"
contemporaneously
tendered
herewith
to
Augusta,
Georgia,
Commission, which deed is recorded in the Office of the Clerk of
the Superior Court of Richmond County, Georgia, in Real ty Reel
, page
..
(2) The Developer agrees to maintain all the installations
laid or installed in said subdivision as described in said deed for
a period of twelve months from the date herein.
(3) The Developer agrees that if during said twelve month
period there is a failure of the installations laid or installed in
said subdivision described in the deed due to failure of material
or poor workmanship, the Developer shall be responsible for
adequate maintenance and repair.
(4) In the event of such failure of the improvements, Augusta
shall notify the Developer and set forth in writing the items in
need of repair. The Developer should present within fifteen
business days its proposed plan of repair and shall have the
repairs completed at a reasonable time.
(5] In the event of an emergency, as determined by Augusta,
and the Developer is unable to respond in a timely manner, Augusta
shall be authorized to erect barricades, traffic direction devices
and such other temporary measures as are necessary to remedy the
emergency nature of the problem and to allow the Developer time to
make thE! needed repairs.
(6) In the event the Developer fails to comply with the terms
of this agreement, then Augusta shall proceed to have the necessary
corrective work done, and the Developer agrees to be
responsible to Augusta for payment in full of the costs of
repairing the improvements due to failure of material or poor
workmanship as liquidated damages.
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IN WITNESS WHEREOF, Developer has hereunto set its hand and
seal and Augusta has caused the execution of the agreement by
and through its duly authorized officers and agents, with its seal
affixed, the day and year first above written.
Pepperidge pointe, Inc.
b~$
Larry D. iller, President
(L. S. )
AUGUSTA, GEORGIA
COMMISSION
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(L.S.)
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This ;.cumtn! approved as
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Prepared by:
James F. Findlay
1557 Gordon Highway Suite D
Augusta, Georgia 30906
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SUBDIVISION: Pepperidge pointe,
section Two
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Pepper idqe Dr i ve
is an existing road in
Richmond County, Georgia, open to public usage; and
WHEREAS, Augusta, Georgia desires to make Pepperidqe
Drive
a part of its Road System.
NOW, THEREFORE, BE IT RESOLVED by the Commission of
Augusta, Georgia, that Pepperidqe Drive
is hereby added to
i1:s official Road System of Record, being described as follows
and as shown on the attached sketch map or plat showing the
approximate alignment and location of said road.
(a) Points of beginning and ending:
Beginning at existing Pepperidqe Dr.
(just NW of Ramblewood)
Extending approx. 375' N & NE
(b) Length of road to nearest 1/100th mile:
0.07 mile
(c) width & type of road surface:
31 ft. from back of curb to back of
curb; asphaltic concrete surface ,course
(d) Right-of-Way:
50 foot
The Augusta, Georgia, Public Works/Engineering
Department is hereby directed to forward a certified copy of
this resolution to:
Georgia Department of Transportation,
Road Inventory section District 2, Post Office Box 8,
Tennille, Georgia 31089.
Adopted this
c2
day of ;;;;; /f r
19.!f.L .
Att.est:
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SUBDIVISION: Pepperidge pointe,
Section Two
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Smoketree Road
is an existing road in
Richmond County, Georgia, open to public usage; and
WHEREAS, Augusta, Georgia desires to make Smoketree
Road
a part of its Road System.
NOW, THEREFORE, BE IT RESOLVED by the Commission of
Augusta, Georgia, that Smoketree Road
is hereby added to
it:s official Road System of Record, being described as follows
and as shown on the attached sketch map or plat showing the
approximate alignment and location of said road.
(a) Points of beginning and ending:
Beginning at existinq Smoketree Rd.
Extending approx. 1.340' NE & E to
Pepperidge Drive
(b) Length of road to nearest 1/100th mile:
0.25 mile
(c) Width & type of road surface:
31 ft. from back of curb to back of
curb; asphaltic concrete surface course
(d) Right-of-way:
50 foot
The Augusta I Georgia, Public Works/Engineering
Department is hereby directed to forward a certified copy of
this resolution to:
Georgia Department of Transportation,
Road Inventory section District 2, Post Office Box 8,
Tennille, Georgia 31089.
Adopted this
:2
day of .;;r;;~
19.~.
Attest: r!MIf}I~/
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AUGUSTA-RICHMOND COUNTY COMMISSION
LARRY E. SCONYERS
Mayor
ROOM 801 MUNICIPAL BLDG. (11)
AUGUSTA, GEORGIA 30911
Bus. (706) 821-2488
Fax No. (706) 722-5984
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
FREDDIE 1.. HANDY
WILLIAM B. KUlll.KE, JR.
WM. "WILllE" H. MAYS, ill
1. B. POWELL
STEPHEN E, SHEPARD
MOSES TODD
LEE BEARD
Mayor Pro Te:m
July 24, 1998
CHARLES R OUVER, P E, CPA
Administrator
JAMES B. WAll
Attorney
Ms. Lenc:1 Bonner
Clerk of Commission
Municipal Building (11)
Augusta, Georgia 30911
Reply 10:
P.O. BOX 2125
Augusta, GA. 30903
Re: Pepperidge Pointe Subdivision
Dear Lena:
I am enclosing herewith two deeds of dedication from Pepperidge Pointe,
Inc. to Augusta, Georgia, in connection with the above subdivision, both dated June 2,
1998, which have been recorded in the office of the Clerk of the Superior Court of
Richmond County, Georgia, in Realty Reel 603, on the indicated pages:
(1) Deed of Dedication, conveying easement in perpetuity, together with
pipelines and appurtenances, recorded on pages 392-394; and
(2) Deed of Dedication, conveying the storm drainage system, et al.
water distribution system, road and street system, et aI., recorded on pages 395-397.
With kind regards, I am
HDRhbs
Enclosures
CC: Mr. .Jim Brown
Mr. Patrick Dillard