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HomeMy WebLinkAboutBrooklyn Coorporation Augusta Richmond GA DOCUMENT NAME: ~'(CD~\tj\) ~CD'( ~o:;l:::l.o:"l DOCUMENT TYPE: ~(~ YEAR: C\l BOX NUMBER: () ~ FILE NUMBER: \ ~ ~D NUMBER OF PAGES: 9 ;; p.a2 /) . . ~ '.r '. . '", 11.' ." ST~TE .OF GEORGIA MADn'ENANCE AGRE~ COUNTY OF R.J:CHMOND j) . .' TH:I:S AGREEMENT, entered. j.nto th.i.s /~'fr da.y of , . ptJermAe-e..- , ~9~, by and. between The Brooklyn Corporation , hereiria:fter referred.' to as t1Deve1oper, II and R.J:CBMOND C~UNTY, GEORGIA, a po1itical. subdivision of the state of Georgia, acting by and through. its Commission-Council., hereinaj~ter referred to as "the county." WHEREAS, Developer requested that tk~e Augusta-Richinond County commi.ss.ion-Counci.l. .accept certain roads;, storm dra;lns and appurtenances for Spencer Place SuJbdi.vision, ~ ~, as shown by deed contemporaneousl.y :tendeJ:ed and recorded.. in the off ice. of the Clerk of the Superior Court c)f R.i.chmQnd County,. Georgia; in Rea-l. ty Reel. , page .I and WHEREAS, Richmond County has adopted a pol.icyrequiring the Developer to mai.ntain al.l. installations 1a,id or instal.l.ed in. the subdivision for a period of twel.ve months, which the County accepts by deed; NOW, THEREFORE, in consideration of the premises, the expense. previousl.y incurred by Devel.oper and th.9 mutual. agreements hereinafter set. out, .~T'~S AGREED that: ( :t) The County accepts the roads , st.orm drains and appurtenances, . respectful.l.y descr ibed in the.: deed . contemporaneousl.y .tendered .herewi th to Augus'~a-Richmond County Commission-Council, recorded in the office 01~ the C~erk of the Superior court. of Richmond County, Georgia, in Real.ty Reel. , page (2) The Dava10per agrees to 1Ilaintainal.l . the instal.l.ations l.aid or instal.l.ed in said sU]:)div.i.sion as described i.n said deed for a period of twe1ve months frc.m the date. herein. (3) The Devel:oper agrees that ir <luring said twel:ve month period there is a fai.lure of. the i.nst;all.atio~s laid or insta11ed in said subdivision described in the d.eed due to fai~ure . . of material or poor workmanship, the Deve~oper shall be respons.ib~e for adequate maintenance and repa.i.r. (4) In the .event of such failure of the improvements, the County sha~l. notifY the Devel.oper and set forth in writillg the items in need of repair. The Deve~oper sha11 present within fifteen business days its proposed pl.an of repair and shall have the repairs completed at a reasonab~e time, as determined by the County. (5) In the event of an emerqency, as deter1llined by the County, and the Devel.oper is unable to respond in a timely manner, the County shal~ be authorized to erect barricades, traffic direction devices and such other temporary measures as are necessary to remedy the emergency .nature of the probl.eIZl at the Devel.oper'& axpen&a and to al.low the Developer time to make the needed repairs. "} I) .:, , . (6) :11. the event the Deve~oper.l.~s tCl)comp1y with the terms of thi.s aqreement. then the County sha~1 proceed t9 ha.ve the necessary corrective work done, and the,Deve1oper agrees to be rasponsib1e to the County for payment in fu11 of co~ts' of repairing the l.mprovements du'e to fai1ure of m~ter.ia1 or poor workmanship as 1iquidated damages. ZN W~TNESS WHEREOF, Deve10perhas, hereunto set his hand and sea~ and the County has caused the executi'on of thi.s agreement by and throuqh its du1y authorizedorfi.cers andaqents, with its sea1 affixed, the day and year fi.rst above Written~ (L. s. ) IDENT CHMOND COUNTY, G~O~GIA. -~ or . (L.S. ) Department Head 4-b Attorney ~.. Administrator \ '" 1 Ct.L. f) . ql.'otlt, .f J . ,,.... ...) SUBDIVISION: Spencer Place RESOLUTION ADDING ROAD TO THE AUGUSTA ROAD SYSTEM WHEREAS, Bromley Court. is an existing. road in Richmond county,Geo~gia, open to public usage; and WHEREAS, Augusta desires to make Bromlev Court a part of its Road System. NOW, THEREFORE, BE IT RESOLVED by the Commission- council of A~gusta, Georgia, that Bromlev Court is hereby" added to its official Augusta Road System of R'ecord, 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 Bertram Rd. Extending SE then NE approx. 530 ft. to and including cul-de-sac (b), Length of road to nearest 1/100th mile: 0.10 mile (c) width & type of road surface: 30 ft. from back of curb to back of curb; type E asphalt surface (d) Right-of-Way: 50 foot The Augusta Commission-Council is hereby directed to 'forward a <;:ertiiiedcopy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post ,Office Box 8, Terinille, Georgia 31089. Adopted this J(P~ day Of~t!='/1J ~&--e. , .19-iL. Attest:.~ . ' erk of o' .ssion XC~ Planning and Zoning Roads and Bridges . Department Head c;4-b Attorney l?~ Administrator Q../.l(\ ::--: . '. ..... l' p..... 7 ..~ " .. '~,:.'L ::.;:,.t:1: ;;~.~:r-":":!'.~"~ ....,:::.'.-~ i . ' .': ::. . ',. :\: . - __ _ ~_' F L~ C:,'; f:: lj REEL 576 PAGE 7S~ . , 97 MOV 12 Arl 10:14 September, 1997, between The Brooklyn Corporation, hereinafter referred to as the Pirty of the First Part, and Augusta, Georgia, a political subdivision of the State of Georgia, hereinafter referred to as the Party of the Second Part; DEED OF DEDICATtfR~GINAL REEL RECORDED REEL 576 PAGE 784 WIP 10: 332813 _ THIS INDENTURE, made and entered into this -f11lt.. day of ,... ji)U,:C()~~ I:""Lt. !>.F i'. .-,Ui ;;,\-" . ctERK'O('S~IJ[!\IOR COURT WIT N E SSE T H : T hat .~}: e s aid Par t y 0 f the Firs t P a l' t, for and i n 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: 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 SPENCER PLACE SUBDIVISION, by~. Lawson Graham & Assoc., dated August 15,1997, to which plat reference is made for a more complete and accurate description as to the metes, bounds and location of said easements, and said plat is attached hereto and by reference.made a part hereof; 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 uti 1 i t Y s e r v ice s, the sam e her e in aft e r be i n g ref err e d to as the "PROJECT;" . TOGETHER "wITH THE RIGHT, when construction or maintenance is necessary, to dig such trenches in said property, as described by the deed, as may be necessary' for the project; to pi Ie 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 assigns, after the completion of the PROJECT, ;, . .. ....-; 1 -;.. REa 576 PAGE 785 shall have the right to Llse 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 on 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 water or any streams thereon. (b) To refill the trenches it shall dig in connection repaIrs, construction, maintenance, or extension, so as to the land available and ready for ordinary purposes of wi th leave agriculture; (c) To exercise the right of extending, making repairs to and maintain said property in a careful and skillful manner, avoiding unnecessary Jamage to any crop, plants, shrubs or trees growing upon said parcel of land, and In case of any such unnecessary 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, it successors and assigns, in perpetuity. 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 1. _...~ , ~ ;J '... REEL 576 PAGE 786 "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 pronouns shall be read as if written in the feminine or neuter~ and when the grantor IS a corporation, the word "successor" sh.all 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 there presents to be executed the day and year first above written as the date of these presents. SIGNED, SEALED AND DELIVERED in the presenc~' Of~ c\7) -~ Witness Attest: COMMISSION BY: Q)Iv\) Attest: Tllis docUIll.nl Ippl'OYsd II . ~nc,~1'~M7 iY Oalt '7 T GAl RICHMOND COUNnl CLERK SUPERIOR COURT . FILED FOR RECORD 12 NOV 1997 AT 10:14AM RECORDED 12 NOV 1997 )-/V ~ fL 'r .~~ If ::-, . . I ~.~.. : I ?3(.';U :', \>:?1, f'J :i..:i L' ::--=I~' '. ~'.i.: ?~~~"i a~~? J33~ > -:. ~.:7- .' / " --- . r. !'IT ~.iuOJ :J. iOr~~i::; I ~i1 '. n~\ .; : IJ~~~~rJ31-~ ~Lf 1 iJ3J I ~ ~'2~~ t ~JG~1 l~ 1 c]:jCj:;:~:r=13t~ t..~:"~~ : ..< ''':. " '. ..t ~ ... .\ .~ <7.... \' . . ;;1P-l/Lr""1:~97 08: 14 FRQM ARC UTIL~TI~S -;--,;4 " ..~ . ...- '(~tt'l~ OF dGEORGli . ~~ ~." WKS TO 97337556 P.02 COUNTY OP'RICHMOND !. AGREEMENT TIUS AGREEMENT',L' entered into this 17th day 'of September , ~992.., by and between The.:BrooklY!J. Corpo~ation~' , . ,. hereinafter referred to as' the IIDEVELOPERn~::, and-AUGUSTA, -GEORGIA, a.political subdivision of the State of Georgia, hereinafter'referred to as the II CITY'. " . ,WHEREAS, the' DEVELOPER requested that the Augusta-Richmond County Commission. 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 WH.EREAS, the CITY has adopted a policy requiring the DEVELOPER to maintain all installations laid or installed in the subdivision f'or a period of twelvemonths, which ~he 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 for 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 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 or poor workmanship, the DEVELOPER shall be responsible for adequate maintenance and repair. " . . (4) In the event of such .fa,ilure o.f the improvements, the CITY shall notify the. DEVELOPER and set forth in writing the items in ueed of repair. The DEVELOPER shall pr~sent, 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. page 1 , .' S~P-17-:;1997 138: 14 -...~..; \.<~'"-(.: FROM ARC UTIL~TIES WKS TO , 97337556 P.133 ,. . , ~. .. ~. J' . . " . .(6) In the event 't~e DEVELOPER' fails to comply with the terms of this agreement", then the .CITY' shall proceed to' have "the necessary~corrective work done~'andl the. DEVELOPER 'agrees t-o be responsible':to the CITY .for payment in full' ot c;osts of 'repai.ring the "improvements due' to failure of material or poor'workmanship as liquidated damages. IN WITNESS WHEREOF, the DEVELOPER has hereunto set his hand and seal and 'th~ CITY "has cau"se~ ~the . execution .of this' agreement;" by and through its duly authorized offiger:?'.'arid agent~', with its seal affixed, 'the day and year first : above written . ,~l' , .. ' SIGNED, SEALED, AND-DELIVERED i~ ?'7esence; I . ~~ "~(' 'Y./?L44~ W 'tness . . i . , , . , DEVELOPER Notary Public My Commission (SEAL) . AUGUSTA-RICHMOND COUNTY COMMISSI ~ : ;~ . . .~1. 1. r l" ! . . , . ~ , j:: j. jl. " . "i ~ ,,. r... . . ! ~ ~t '. .' , . . {. l; ~ ~= :t . I i '~"~J: ~ ( t.! l ~; ; . j . . '. , .' , , , ~ .-: J : ,. 0 . : : ; \i I :f i~ ! J: It J ',,"!' ,j , . ~ .. :1 page 2~ '. i . '. 1!. ' TOTRL P.03 ~.