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:
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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.
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(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.
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or .
(L.S. )
Department Head 4-b
Attorney ~..
Administrator
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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
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REEL 576 PAGE 7S~
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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
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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,
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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
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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
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. . ;;1P-l/Lr""1:~97 08: 14 FRQM ARC UTIL~TI~S
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WKS TO
97337556 P.02
COUNTY OP'RICHMOND
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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
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FROM ARC UTIL~TIES
WKS
TO
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97337556
P.133
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. .(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;
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"~(' 'Y./?L44~
W 'tness . . i . ,
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DEVELOPER
Notary Public
My Commission
(SEAL) .
AUGUSTA-RICHMOND COUNTY
COMMISSI
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