HomeMy WebLinkAboutDEED OF DEDICATION, MAINTENACE AGREEMENTS AND RESOLUTION BRECKENRIDGE SUBDIVISON, SECTION FOUR PHASE 2AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 - KSB
WITNESSETH:
Book 01358:0883 Augusta - Richmond County
2012036959 08/31/2012 13:38:28.00
$0.00 QUITCLAIM DEED
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2012036959 Augusta - Richmond County
STATE OF GEORGIA Prepared by and Upon Recording
Return to:
COUNTY OF RICHMOND
DEED OF DEDICATION
(Roads)
THIS INDENTURE, made and entered into this 7 day of s , 2012, between
CROWELL & CO., INC. hereinafter referred to as the Party of the Fi Part, and AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the Party of
the Second Part;
THAT the said Party of the First Part, for and in consideration of the sum of One Dollar ($1.00)
in cash to it in hand paid by the Party of the Second Part, the receipt of which is hereby
acknowledged, at and /or before the sealing and delivery of these presents, and other good and
valuable considerations, has granted, bargained, sold, released, conveyed and confirmed unto the
said Party of the Second Part, its successors and assigns the following described property, to -wit:
All (that) (those) strip(s) or parcel(s) of land in Richmond County, Georgia, consisting of the
street(s) and roadway(s) in that area known as BRECKENRIDGE, SECTION FOUR, PHASE 2
which is delineated on a plat prepared by Southern Partners, Inc. dated November 4, 2010 which
plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in
Realty Reel 7, Page 12, to which plat reference is made for a more complete and accurate
description as to the metes, bounds and location of said property. As evidenced by its acceptance
of this deed, the Grantee agrees to incorporate said street(s) and roadway(s) into its system of
streets in Richmond County.
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.
Book 01358:0884 Augusta - Richmond County
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AND THE SAID PARTY OF THE FIRST PART, his heirs and legal representatives shall and
will forever warrant and defend unto the Party of the Second Part, his successors and assigns, the
rights, ways, and easements, privileges, and appurtenances conveyed herein, against the claim or
claims of any person or person whomsoever.
WHENEVER there shall be more than one grantor, the phrase "Party of the First Part" and all
related pronouns, relative pronouns and verbs shall read as if written in the plural form, and
when appropriate such phrase and related pronouns and relative pronouns 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 CROWELL & CO., IN
in our p sence:
Witness
Accepted by:
Notary Public
My Commission Expires:
[NOTARY SEAL]
AUGUSTA, GEORGIA
As Its Mayor _. __,- .._..______....
KA).
DEVELOPER:
Filed in this office:
Augusta - Richmond County
08/31/2012 13:38:28.00
ELAINE C JOHNSON
Clerk of Superior Court
[CORPORATE SEAL]
AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 - KSB
RESOLUTION ADDING ROAD TO THE
AUGUSTA - RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Harper Franklin Avenue is an existing road in Richmond County, Georgia,
open to public usage; and
WHEREAS, Augusta, Georgia desires to make Harper Franklin Avenue a part of its
County Road System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta,
Georgia, that Harper Franklin Avenue is hereby added to its official County 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 Harper Franklin Ave.
Extending approx. 215' NE
(b) Length of road to nearest 1 /100th mile:
0.04 mile
(c) Width & type of road surface:
31' from back of curb to back of curb;
Type E asphalt
(d) Right -of -Way:
80 foot
The Augusta Commission 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,
Tennill ,. Georgia: 3.:1 8
Adopted this 773 day of i C s T , 20 / 2 .
SUBDIVISION: Breckenridge, Section Four
Phase 2
AUGUSTA, GEORGIA
BY: C9
As Its Mayor
Filed in this office:
Augusta - Richmond County
08/31/2012 13:38:28.01
ELAINE C JOHNSON
Clerk of Superior Court
AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 - KSB
STATE OF GEORGIA )
)
COUNTY OF RICHMOND )
Book 01358:0886 Augusta - Richmond County
2012036961 081311201213:38:28.02
$0.00 AGREEMENT
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201203696 Augusta Richmond County
MAINTENANCE AGREEMENT
(Roads and Storm Drainage)
THIS AGREEMENT, entered into this Alay of �u R 20/11 by and between
(cc 1.11 4Cv hereinafter referred to as "Developer," and AUGUSTA, GEORGIA, a
political subdivision of the State of Georgia, acting by and through its Commission,
hereinafter referred to as "Augusta."
WHEREAS, Developer requested that the Augusta, Georgia, Commission accept
certain roads, storm drains and appurtenances for ° rec to -A/'.44 PL 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 /.56 , paged 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 eighteen months, which
Augusta accepts by deed;
NOW, THEREFORE, in consideration of the premises, the expense previously
incurred by Developer and the mutual agreements hereinafter set out, IT IS AGREED that:
(1) The City accepts the roads and appurtenances, storm drains and
appurtenances, respectfully described in the deed contemporaneously tendered herewith to
the Augusta, Georgia, Commission, recorded in the office of the Clerk of the Superior Court
S' 8rf
of Richmond County, Georgia, in Realty Reel / 3 t ' , 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 eighteen months from the date herein.
Book 01358:0887 Augusta - Richmond County
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(3) The Developer agrees that if during said eighteen 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, the City shall notify the
Developer and set forth In writing the items in need of repair. The Developer shall present
within fifteen business days its proposed plan of repair and shall have the repairs completed
at a reasonable time, as determined by Augusta.
(5) In the event of an emergency, as determined by Augusta, 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 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 costs of repairing the improvements due
to failure of material or poor workmanship as liquidated damages.
IN WITNESS WHEREOF, Developer has hereunto set his hand and seal, and Augusta
has caused the execution of this agreement by and through Its duly authorized officers and
agents, with its seal affixed, the day and year first above written.
DEVELOP
B
AUGUSTA, GEORGIA
COMMISSION
AA As Its Mayor
LS.) C /fiw6
(L.S.)
Filed in this office:
Augusta - Richmond County
08/31/2012 13:38:28.02
ELAINE C JOHNSON
Clerk of Superior Court
AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 - KSB
STATE OF GEORGIA
COUNTY OF RICHMOND
DEED OF DEDICATION
AND EASEMENT DEED
Book 01358:0888 Augusta - Richmond County
201 2036962 08/31/2012 13:38:28.03
$0.00 WARRANTY DEED
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2012036962 Augusta - Richmond County
BRECKENRIDGE, SECTION 4, PHASE 2
[Water Distribution System and Gravity Sanitary Sewer System]
WHEREAS, CROWELL & CO., INC., a corporation established under the laws
of the state of Georgia, hereinafter known as "DEVELOPER ", owns a tract of land in
Richmond County, Georgia, known as BRECKENRIDGE, SECTION 4, PHASE 2, and in the
building of a housing subdivision on said tract, has laid out a water distribution system and
gravity sanitary sewerage system, in said subdivision; and
WHEREAS, it is the desire of DEVELOPER, to deed the water distribution
system and the gravity sanitary sewer to AUGUSTA, GEORGIA, (hereinafter known as
"AUGUSTA "), a political subdivision acting by and through the Augusta - Richmond County
Commission for maintenance and control; and
WHEREAS, a Record Plat prepared by Southern Partners, Inc., dated December
2, 2010, and recorded in the office of the Clerk of the Superior Court of Richmond County,
Georgia, in Plat Reel 7, Page 12, to which reference to both is hereby made for a more complete
and accurate description as to the land herein described; and
WHEREAS, AUGUSTA, by and through the Augusta - Richmond County
Commission, has consented and agreed to accept and maintain said water distribution system and
gravity sanitary sewerage system; and
Page 1 of 4
Book 01358:0889 Augusta - Richmond County
2012036962 08/31/2012 13 :38:28.03
WHEREAS, DEVELOPER has agreed that neither AUGUSTA, nor any of its
departments, shall maintain individual force mains and /or grinder pumps and that said individual
force mains and/or grinder pumps shall remain private;
NOW, THEREFORE, this indenture made this 741 day of
2012 between DEVELOPER and AUGUSTA,
WITNESSETH:
That DEVELOPER, for and in consideration of the sum of Ten and no /100
($10.00) Dollars, to it in hand well and truly paid by AUGUSTA, 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 water distribution system
and gravity sanitary sewerage system, by AUGUSTA, has and does by these presents, grant,
bargain, sell and confirm unto AUGUSTA, its successors and assigns, the following, to -wit:
Exclusive 20 foot easement(s) in perpetuity over the water
distribution system and the gravity sanitary sewerage system, as
shown on the aforementioned drawings.
Together with all of the necessary rights of ingress and egress for the
purpose of maintaining, expanding, repairing, adding, constructing,
installing, extending, operating, replacing, laying and relaying pipelines
carrying and transporting Augusta's utilities services; along with the
further right to stretch communication lines, or other lines, for the use of
AUGUSTA, its assigns, representatives, agents, and designees, upon
or under said land, within said easement, with the necessary cables, wires,
apparatus, fixtures and appliances; and with the right to assign this
easement in whole or in part; and
DEVELOPER does further agree that when construction or maintenance is
necessary, AUGUSTA may dig such trenches in said property, as may be necessary for the
project; to pile and store thereon the material excavated, and to haul and store pipe, supplies and
equipment connected with the construction and maintenance thereof, over, along, and across the
said property, along with the free right of ingress and egress to and from said permanent
easements for these purposes.
DEVELOPER also grants AUGUSTA the right, but not the duty, to clear and
keep clear, all trees, undergrowth and other obstructions from said permanent easement, along
with the right of free ingress and egress to and from said permanent easement for this purpose.
DEVELOPER further agrees that no trees or other vegetation that may interfere
with the constructing, laying, relaying, replacing, installing, adding, expanding, extending,
operating, repairing and maintaining of pipelines transporting and carrying utility services shall
Page 2 of 4
be planted on said easement(s) and that no buildings, structures, or other permanent
improvements shall be erected, constructed, or maintained thereon; and, if such prohibited trees,
vegetation, buildings structures, or other permanent structures (hereinafter referred to as
"obstructions ") are placed, built, planted within said permanent easements, such action will be
considered a violation of this agreement and Augusta shall have the absolute right to
immediately remove, or have removed, such obstructions and shall bear no responsibility, or
liability, for said obstruction's value.
TO HAVE AND TO HOLD said water distribution system and gravity sanitary
sewerage system, together with all and singular, the rights, members, appurtenances thereof to
the same being, belonging, or in anywise appertaining to the only proper use, benefit and behoof
of AUGUSTA, its successors and assigns forever.
AND DEVELOPER, its heirs, legal representatives, successors and assigns, will
warrant and defend the right and title to the above described property, to AUGUSTA, its
successors and assigns, against all claims of all persons whosoever.
IN WITNESS WHEREOF, DEVELOPER has hereunto set its hand and affixed
its seal the day and year first above written.
Signed, se ed and • - livered in
the pres- Ice of
A! D
'My Commission Expires: e 1 2. 0(4(
Book 01358:0890 Augusta - Richmond County
2012036962 0631/2012 1 3:38:28.0
Crowell
1
As Its: President
Attest
As Its:
Page 3 of 4
Filed in this office:
Augusta - Richmond County
08/31/2012 13:38:28.03
ELAINE C JOHNSON
Clerk of Superior Court
Book 01358:0891 Augusta - Richmond County
2012036962 08/31/2012 13:38:28.03
ACCEPTED BY:
AUGUSTA GEORGIA
B
Aith David S. Copenhaver
As its Mayor
Page 4 of 4
AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 - KSB
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
BRECKENRIDGE, SECTION 4, PHASE 2
(Water Distribution System and Gravity Sanity Sewer Main)
THIS AGREEMENT, entered into this ? day of �(,15f 2012, by and between
CROWELL & CO., INC., a corporation established under the laws`df the state of Georgia, hereinafter referred to
as the "DEVELOPER ", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter
referred to as the "AUGUSTA ":
WITNESSETH
Book 01358:0892 Augusta - Richmond County
2012036963 08/31/2012 13:38:28.04
$0.00 AGREEMENT
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2012036963 Augusta - Richmond County
WHEREAS, the DEVELOPER has requested that AUGUSTA accept the water distribution system and the
gravity sanitary sewer main, for the subdivision known as BRECKENRIDGE, SECTION 4, PHASE 2, as shown by a
Deed of Dedication, contemporaneously tendered and recorded in the office of the Clerk of the Superior Court of
Richmond County, Georgia, with this document; and
WHEREAS, AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those installations and
systems laid or installed in the subdivision, which AUGUSTA does accept by Deed, for a period of eighteen months;
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) AUGUSTA accepts the water distribution system and gravity sanitary sewer main for the subdivision,
respectively described in the Deed contemporaneously tendered herewith to the Augusta- Richmond County
Commission and that said water distribution system and gravity sanitary sewer main were duly inspected by the
Augusta Utilities and said systems did pass said inspection.
(2) The DEVELOPER agrees to maintain all the installations laid or installed in said subdivision as
described in said Deed for a period of eighteen months from the date of the acceptance of said Deed of Dedication
by the Augusta- Richmond County Commission.
(3) The DEVELOPER agrees that, if during said eighteen 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, AUGUSTA shall notify the DEVELOPER and set
forth in writing the items in need of repair. The DEVELOPER shall present, within fifteen business days of the date
of said writing, its proposed plan of repair and shall have the repairs completed in a reasonable time, as determined
by AUGUSTA.
(5) If, in the event of an emergency, as determined by AUGUSTA, 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 at the DEVELOPER'S
expense and 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 the CITY 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.
IN WITNESS WHEREOF, the DEVELOPER has hereunto set its hand and seal and AUGUSTA has caused
the execution of this agreement by and through its duly authorized officers and agents, with its seal affixed,
the day and year first above written.
Signed, se • d and de vered in
the pres- •e of
My Commission Expires:
Filed in this office:
Augusta - Richmond County
08/31/2012 13:38 :28.04
ELAINE C JOHNSON
Clerk of Superior Court
Book 01358 :0893 Augusta - Richmond County
2012036963 08/3112012 13:38:28.04
CROWELL & CO., INC.
John Crowd
As Its: Preside i t
Attest
As Its:
By:
ACCEPTED BY:
AUGUSTA, GEORGIA
xdo David S. Copenhaver
As its Mayor
Attest / 1
mission