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Home My WebLink AboutMCCOYS CREEK SUBDIVISION, SECTION I - DEED OF DEDICATION AND MAINTENANCE AGREEMENT gilii91115191101111 HiroREE 1564 Pg 800 Filed and Recorded: 1/10/2017 1:12:36 PM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 Augusta Richmond County, After recording please return to: Augusta Law Department Attn: Kayla E. Cooper, Esq. 535 Telfair Street,Building 3000 Augusta, GA 30901-2386 STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION MCCOYS CREEK, SECTION 1 (Water Distribution System and Gravity Sanitary Sewer System, Lift Station and 6" Force Main) WHEREAS, WALKER HILL LLC, a Georgia Limited Liability Company, hereinefter known as "DEVELOPER",owns a tract of land in Richmond County, Georgia, known as McCoys Creek, Section 1, and in the building of a housing subdivision on said tract, has la d out a water distribution system and sanitary sewerage system, in said subdivision; and WHEREAS, it is the desire of DEVELOPER,to deed the water distribution system and the sanitary sewer to AUGUSTA, GEORGIA, (hereinafter known as "AUGUSTA,"),a political subdivision acting by and through the Augusta, Georgia Commission for maintenance and control; and WHEREAS, a portion of the 6" force main, of the sanitary sewer system, is located on property belonging to GROVETOWN CENTERS, LLC; and WHEREAS, it is the desire of GROVETOWN CENTERS, LLC, to deed said portion of the 6" force main to AUGUSTA; and WHEREAS, a Plat,of McCoys Creek, Section 1, was prepared by James G. Swift Associates, dated February 7, 2012, said plat being recorded in the Office of the Clerk of tl-e Superior Court of Richmond County, Georgia, in Plat Book 8, Pages 31-36,and as an attac iment to this document,and to which reference is hereby made, for a more complete and accurate description as to the land herein described,and which shows the water distribution and sanitary sewer systems on the property of both the DEVELOPER and GROVETOWN CENTERS, 1.1C; and Page 1 of 4 RECORD BOOK 1564 Ps 801 WHEREAS, AUGUSTA, by and through the Augusta-Richmond County Commision, has consented and agreed to accept and maintain said water distribution system and sanitar y sewerage system; and NOW,THEREFORE, this indenture made this / day of PeC ' , 2016 between DEVELOPER and AUGUSTA, WITNESSETH: That DEVELOPER and GROVETOWN CENTERS, LLC, 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 sanitary sewerage system, by AUGUSTA, have and do 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 sanitary sewerage system, as shown on the aforementioned plat. Exclusive 20-foot easement, in perpetuity over the sanitary sewerage system inside of the detention pond site, where the easement is not shown. Exclusive 35-foot x 35-foot easement, centered over the lift station, inside of the detention pond site, where the easement is not shown. Together with all of the necessary rights of ingress and egress for the purpose of maintaining, expanding, repairing, adding, constructing, installing, extending, operating, replacing,layir.g and relaying pipelines carrying and transporting Augusta's utilities services. All easements are granted unto AUGUSTA with the right to stretch communication lines, )r other lines,within the easements, for the use of AUGUSTA, its assigns,representatives, agents, and designees, upon or under said land, within said easements, with the necessary cables, wires, apparatus, fixtures and appliances; and with the right to assign said easements in whole or in part. DEVELOPER and GROVETOWN CENTERS, LLC, do further agree that when construction or maintenance is necessary,AUGUSTA may dig such trenches in said propetty,as may be necessary for the project; to pile and store thereon the material excavated, and to twirl and store pipe, supplies and equipment connected with the construction and maintenance ttereof, over, along,and across the said property, along with the free right of ingress and egress to ind from said permanent easements for these purposes. Page 2 of 4 • RECORD BOOK 1564 Ps 802 6 • • ° DEVELOPER and GROVETOWN CENTERS, LLC, also grant AUGUSTA the righ:, 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 and GROVETOWN CENTERS, LLC, agree that no trees or other vegetation that may interfere with the constructing, laying,relaying, replacing, installing,aiding, expanding,extending, operating,repairing and maintaining of pipelines transporting and carrying utility services shall be planted on said easement(s)and that no buildings, structur,,s, or other permanent improvements shall be erected, constructed,or maintained thereon; and, i 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 he 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 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 AUGU STA, its successors and assigns forever. AND DEVELOPER and GROVETOWN CENTERS, LLC, their 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 and GROVETOWN CENTERS,LLC, 1:ave hereunto set its hand and affixed its seal the day and year first above written. Signed,sealed and delivered in WALKER HILL LLC the presence of By: f.,_ ,,,,_.... „_... ....5.,,,..... , Witness Lionel Prather R9)&tei,_')/k. As Its: Member Notary Public / 0 . . State of ,„ I d' 4.,0y.c e OFFICIAL SEAL j &..-461\ DOLLY W SWILLEY ' v: • ,..,.. .., 4 .p!..:Itts: 1- Notary Public,Georgia County of (.‘_eiiirral)t : -!Ire RICHMOND COUNTY I 11.4 My Commission Expires , 4 JUNE 23,2020 Commission Expires: 6Ia3 .. c) I Page 3 of 4 - • RECORD BOOK 1 564 Ps 803 . • • - Hatt i ie Hcatews. Sul 1 i van Clerk of Superior Court Augusta Richmond Counts, GROVETOWN CENTERS, LLC By: Witness E. G. Meybohm 1 ° 0) 1/ 4 e '-.)/1• Notary Public 4, State I, .. State of ES eirttce--11 As Its: Managing Member County of 1- C-111)9201-el, My Commission Expires: . . . . . . . . . . . . .. . . . . .. . 1 , OFFICIAL SEAL + DOLLY W SWILLEY Notary Public,Georgia RICHMOND COUNTY 4 770 My Commission Expires k 4 . JUNE 23,2020 ACCEPTED BY: AUGUSTA, GEORGIA .. 411. By: /2 /5-he As its Mayor i woos,....vtli,III% 1 i Attest: ",s-72-din, ,,, ..,f,x,„ e - w to i s:-,, ' ifkifra • i il.:, etilriL4A4 I ; 1 00,,ta r ,ir 1 4/.51V 2,6 4.000,1 • * 1 * i .44- kit 41041% , 0 j 44..0600• 4*- t V SikEtORGI r".40,4* i • i 'Mt velMittAk' ----1---togvt.1710.1.4-,,,4.-4144,4v,-•_* . Page 4 of 4 ` AGREE 1564 Pg 804 Filed and Recorded: �U ��NNNN� mmmmmmmnm|nm 1110m0171:12:36pM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 Augusta Richmond County, After recording please return to: Augusta Law Department Attu: Kayla E. Cooper, Esq. 535 Telfair Street, Building 3000 Augusta, GA 30901_2386 STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT MCCOYS CREEK, SECTION L (Water Distribution System and Gravity Sanitary Sewer System, Lift Station and 6" Force Vain) THIS AGREEMENT, entered into this 1-`1- day of ^ , 2016. by and between WALKER HILL LLC, a Georgia limited liability comp@Oy, hereinafter referred to as the"DEVELOPER", and AU(3USTA. GE(]RG|A,apo[itioo|mubd|viuionofthe8tatmnfGeor0ia. heneinaftarnaferrad(oeathe^'AUGUSTA,`: WITNESSETH WHEREAS, the DEVELOPER has requested that AUGUSTA accept the water distributior and sanitary sewer systems, as shown on a plat of McCoys Creek, Section 1, was prepared by James G. Swift&Associates, dated February 7, 2012. said plat being recorded in the Office of the Clerk of the Superior Cour! of Richmond County, Georgia, in Plat Book 8, Pages 31-36, and as an attachment to this document, and to which reference is hereby made, for a more complete and accurate description as to the land herein described, and as shown bvo Deed ofDedication, conternponynenuolytendered and recorded inthe o��oeofthe Clerk ofthe 3upahCourt of Richmond County, Georgia, with this document; and WHEREAS,AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those ir stallations and systems laid or installed in the DEVELOPMENT,which AUGUSTA does accept by Deed of Dedicatipn,for a period of eighteen months; NOW,THEREFORE,inconsideration ofthe premises,the expense previouohincunK� edbytheE'�ELOPE�� ondthennutum| agveernenthensina�areetout, ITUS��REE��that: ^ (1) AUGUSTA accepts the water distribution,sanitary sewer systems, lift station, and 6' force main for the DEVEL(]P&4ENT, respectively described in the Deed of Dedication from McCoys Cneek, 8ec.jon 1 and the Deed of Dedication from DEVELOPER, contemporaneously tendered herewith to the Augusta-Richmond County Commission. (2) The DEVELOPER agrees to maintain all the installations laid or installed in said DEVELOPMENT as described in said Deed of Dedication for a period of eighteen months from the date of the acceptanc a of said Deed of Dedication by the Augusta, Georgia Commission. Pa]o1o/3 RECORDBOOK1 564 Ps BOn (3) The DEVELOPER agrees that, ifduring said `'� hteen month period � imoof failuret� inata|�Uona |�dorineta|kadineeid []E\/ELDPK8ENTdeacrbedin theDeednfDedication, due bz �Uureorpoor xvorKnnenohip. the 0E%'ELK��E;�oho|| beresponoibkeforodequaternmintenance and repair.� (4) In the event of such failure of the improvementsU��8TAmhaUnotify thaDEVELOPER and set fo�hinvvrihngthe ibannainneed ofrepair.The DEVELOPER AUGUSTA fifteen business days of the date ofsaid vxhbng. its proposed plan mfnapokand ohmUhave the repairs connp/`-'~—dinareasonable timeas determined by AUGUSTA. time, (5) |f, in the event of an ernarQenoy, as determined by AUGUSTAthe DEVELOPER is unable to respond inadnme/yrnonner, ��|�«��l��oheUbeauthorized toerect banicadem |�traffic dinecUondevices and such other temporary measures eaare necessary toremedy the emergency nature of~the -prob/�ma�the�|�VELOPER'S expense and allow the DEVELOPER time to make the needed repairs. (6) |ntheaventtheDEVELOPERhai|mt000nnp|ywiththeternnaofthioagneemnent then��/��USlDAshall proceed tohave the necessary corrective vvorkdone,and the C)E'�EL0p»EK�agnaeatobe `'="pAUGUSTA for payment, in full, of the costs of repairing the improvements due to failure of material oorwm'rknnanmhipao liquidated damages. orp IN WITNESS WHEREOF,the DEVELOPER has hereunto set its hand and seal and AUGUSTA has c aused agents,thaexeouUonnfthiaagnaennentbyendtMroughitadu/yauthnhzedo#ioeraondwithba�ee|"fhxed the day and year�nstabove vvhben. ' Signed, sealed and delivered in WALKER HILL LLC the presence of: Lionel Prather /��/ �� 7tr. �� , � °�� ' ` � ��^��~� ro As Its: Member Notary State of County of 10411.04-ek /' taOPNy{�ommiaoion Expinea� k�/ �� / _ OFFICIAL SEAL ' DOLLY W SWILLEY �1 !�� Notary Public G� � v� RICHMOND COUNTY ` �y�ommin�onExp�vou ^ JUNE 23,2020 Page8of3 F. ., . . RECORD BOOK 1 564 Ps 806 Hatt i e.: Halritias. Bull i van Clerk of Superior Court Aususta Richmond Counts: AUGUSTA, GEORGIA By: WITNES.V- /017 Hardie Davis, Jr. 1lA101111_ di e-L /2//klie A Its: Mayor NOTARY PUBLIC • Eitlinxincl County, Georgia (. i . ../......1. 4 i 1/ ' 14af.* ..Y 4// I My Commission Expires: Att4'st: ) ii Cie"c., yi05 )0Prssiork;ro. f. !! INVOImmieslon Emmy*May 25,2019 I $114/21'• -.4"-f \ I a.: '. tv •,e4 114 t 1 rik.,* , 11.4 ,,,,,,,, ‘,. . , 0 J I -4LA ,t;atp,y`oza : if i 4#10 r".P4146.940, fib -r? e• a„ ,A,„. ts, , I , • v , ,,, ,, , • 1,,, .. „ , , +, ......ms•...„ „ . NgtOR G 1 IS '41' • UNIMIOVI)4111* V 4* I 1034,04,0*(11113 U‘C° 42q 4146 • .:. • • cow,„,._ "4. • • .........0 Page 3 of 3