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HomeMy WebLinkAboutCMS Group, Inc. Augusta Richmond GA DOCUMENT NAME: CJ<Y\ S G'<lLt...p I \n e. DOCUMENTTYPE:~(~~ YEAR: Q.\ BOX NUMBER: a~ F~ENUMBER: \~\~~ NUMBER OF PAGES: B -.-.. .,.. "7, " STATE OF GEORGIA COUNTY OF RICHMOND THIS AGREEMENT, entered into this -12- day of May, 199 , by and between CMS Group, Inc., hereinafter referred to as "Developer", and Richmond County, Georgia, a political subdivision of the State of Georgia, acting by and through its Commission/Council hereinafter referred to as "The County"; WHEREAS, the Developer requests that the Richmond County Commission/Council accept certain roads, storm drains, and water distribution system, in Lewis Acres Subdivision Phase II as shown on a plat prepared by Southern Partners, Inc., dated and which plat is recorded in the Off ice of the Clerk of the Superior Court of Richmond County, Georgia in deed reel ___, page WHEREAS, Richmond County 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 County 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 County accepts the roads, storm drains, and water distribution, and appurtenances, respectfully described in the "Deed of Dedication" contemporaneously tendered herewith to Richmond County Commission/Council, which deed is 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 sa:d 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, the County shall notify the Developer and set forth in writing the items in need of repair. The Developer should present wi thin fifteen business days its proposed plan of repalr and shall have the repairs completed at a reasonable time. (5) In the event of an emergency, as determined by the County, and the Developer is unable to respond in a timely manner, the County 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 the County shall proceed to have the necessary corrective work done, and the Developer agrees to be responsible to the County for payment in full of the costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. \r;:. - ~ . '.~ .~ IN WITNESS WHEREOF, Developer has hereunto set -its hand and seal and the County 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. CMS by: . S . ) RICHMOND COUNTY, GEORGIA Comrn' ion/Council Y' , ~ (L.S.) 'C by: A~~~~&J Prepared by: James F. Findlay 1557 Gordon Highway Suite D Augusta, Georgia 30906 ,..... --- .,,' -~>-. . ~ ... ~ ~ '-.. -'" j\: STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION WHEREAS, CMS Group, Inc., owns a tract of land in Richmond County, Georgia known as Lewis Acres Subdivision Phase II and in the building of a housing subdivision on said tract, it has laid out a storm drainage system, water distribution system, and road and. street system, . in . said subdivision; and WHEREAS, it is the desire of CMS Group, Inc., to deed the storm drainage system, water distribution system, and the road and street system, to Richmond County, Georgia, a pOlitical subdivision acting by and through .itsCommission/Council for maintenance and control; and WHEREAS, a plat of Lewis Acres Subdivision Phase II has been prepared by Southern Partners, Inc., dated and said plat has been recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Reel ~, pagesLS-t, ?-/!?lnd to which reference is hereby had to said plat for a more complete and accurate description as to the land herein .described; and WHEREAS, Richmond County, Georgia, by and through its Commission/Council, has consented and agreed to accept and maintain said storm drainage system, water distribution system, and road and street system. NOW, THEREFORE, this indenture made this ~day of 'lfl, , 199~ betwe.E!n CMS Group, Inc., hereinafter referred to as the parties of the first part and RICHMOND COuNTY, A POLITICAL SUBDIVISION, by and. through its Commission/Council, hereinafter referred to as the party.of the second part, ..:' .... ...~. W I TN 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 second part at. and before the sealing and delivery of these presents, ~he receipt of which is hereby aCknowledged and for the further consideration of the benefits to its property by the maintenance of said st~rm drainage system, water distribution system, and road and street system, 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 successors 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 ',distribution system, and the road and street system, as the same are now located and existing in Lewis Acres Subdivision Phase II, on a plat of said subdivision dated , 1996, which plat was prepared by CMS Group, Inc. and which plat ~s recorded in the Office of the Cletk of the Superior Cour.t of f)R~chmond County, Georgia in Deed Reel~, Pages lSOI, "1- J~ 1..(. . Together with all of the necessary rights of ingress and egress for the purpose of maintaining the described storm .drainagesystem, . water distribution system, and road and street system. This 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 been granted in the past and the Grantor herein 'reserves an easement over the storm drainage system, and the .road and street system, herein conveyed for the purpose of th~ 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, and road and street 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 the sai? party of the second part, its successors and .assigns forever in fee simple. \.1' :c:..., '" ~..-: ~ 6, 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 firs t ,part has hereunto set its hand'and affixed its seal the day and year first above written. Signed, sealed and. delivered in the presence of: . eOk ~ Not{a,ry Public CQlumbia County, eorgia .My commission expires: 05/07/99 CMS Accepted by Richmond County, Georgia by and t ugh its Commission/Council County, Prepared by: James F. Findlay 1557 Gordon Highway Suite D Augusta, Georgia 30906 ," ~~..: ,>:~ :\ SUBDIVISION: Lewis Acres, Phase Two RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Alden Drive. is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Richmond County desires to make Alden Drive a part of its county Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission-Council of Richmond County, Georgia, that . Alden Drive 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 Existinq Alden Drive Extending aDDrox. 2.418' E & then N to & includinq cul-de-sac (b) Length of road to nearest 1/100th mile: 0.46 mile (c) width & type of road surface: 31' from raised edqe to raised"edqe: plant mix asphalt surface (d) Right-of-way: 50 foot The Augusta-Richmond County Commission-Council 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, Adopted this / " day Qf Tennill~, '111~ Georgia 31089. , 19..1L. Attest: i .- ...";,. SUBDIVISION: Lewis Acres, Phase Two RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Alden Court. is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Richmond County desires to make Alden Court a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission~Council of Richmond County, Georgia, that Alden Court 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 Alden Drive Ending at aPDrox 550' SE to & includinq cul-de~sac (b) Length of road to nearest 1/100th mile: 0.10 mile (c) width & type of road surface: 31' from raised edqe to raised edqe: plant mix asphalt surface (d) Right-of-Way: .50 foot The Augusta-Richmond County Commission-Council 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 ';f day of 1J!4y. .' 19ft. Attest: tl1ffl~/J - le-rk:.-of- CollllfiIssion,~.._~0-L ..... - -- . - - -