HomeMy WebLinkAboutDeed of Dedication / The Bruker Company
Augusta Richmond GA
DOCUMENT NAME: 1)E;E<e> "'~ bee i <'.1'117 ON / -rH-G ~RU /( 6R.- CD fYl PA~
DOCUMENT TYPE: 'ACj (l€E ~ ~NT
YEAR: c9DDO
BOX NUMBER: ) <?
FILE NUMBER: ,~ '1 s-3
NUMBER OF PAGES: J ~
Return To: <;:ounty Attorney
: 454 Greene S~reet
'AuguStal, GA 30901
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STATE OF GEORGIA
Book 00841: 1996 Augusta - Richmond County
200300732203/041200,3 15:54:5-7,06
_ $() 00 WARRANTY DEED
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2003007322 Augusta - Richmond County
COUNTY OF RICHMOND
DEED OF DEDICATION
(Roads & Storm Drainage)
WHEREAS, THE BRUKER COMPANY owns a tract of land III Richmond County,
Georgia, known as THE FAIRWAYS AT GOSHEN, PHASE III, and in the building of a housing
subdivision on said tract, it has laid out a storm drainage system, a retention pond, a water
distribution system, sewerage, and road and street system, in said subdivision; and
WHEREAS, it is the desire of The Bruker Company, to deed the storm drainage system,
water distribution system, sewerage, and road and street system, a retention pond to Augusta-
Richmond County, Georgia, a political subdivision acting by and through its Commission/Council
for maintenance and control; and
WHEREAS, a plat of THE FAIRWAYS AT GOSHEN, PHASE III, has been prepared by
James G. Swift and Associates, dated June 6, 2000, and said plat has been recorded in the Office of
the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel ~, Pages~;
and to which reference is hereby made to said plat for a more complete and accurate description as
to the land herein described; and
\VHEREAS, Augusta, Georgia, by and through its Commission/Council, has consented and
agreed to accept and maintain said storm drainage system, retention pond, water distribution
system, sewerage, and road and street system.
NOW, THEREFORE, this indenture made this ?)p day of:t.(1,. ..~ ' 20sti" between
THE BRUKER COMPANY, hereinafter referred to as the party of the first part and Augusta,
Georgia, A Political Subdivision, by and through its Commission/Council, hereinafter referred to as
the party of the second part,
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Book 00841 :1997 Augusta - Richmond County
2003007322 03(.04/2003 15:54:57.06
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WIT N E SSE l' H:
That the party of the fIrst part for and in consideration of the sum of Ten and Noll 00
($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, the receipt of which is hereby acknowledged and for the
further consideration of the benefits to its property by the maintenance of said storm drainage
system, water distribution system, retention pond, sewerage, 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 stonn
drainage system, water distribution system, retention pond, sewerage road and
street system, system, as the same are now located and existing in The Fairways at
Goshen, Phase ill, as shown on a plat of said subdivision, which plat was prepared
by James G. Swift & Associates and which plat is recorded in the Office of the
Clerk of the Superior Court of Richmond County, Georgia, in Deed Reel /65' ,
Pages ;)..3'1 I
ALSO, that certain storm sewer and drainage easement.
Together with all of the necessary rights of ingress and egress for the purpose of
maintaining the described storm drainage system, water distribution system,
retention pond, sewerage 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 have been granted in
the past, and the Grantor herein reserves an easement over the storm drainage
system, water distribution system, road and street system, retention pond and
sanitary sewerage system, as shown on aforementioned plat by James G. Swift &
Associates, herein conveyed for the purpose of the 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 adj acent thereto.
ALSO, all of the right of the party of the first part in and to that certain Grant of
Storm Sewer & Drainage Easement dated June 21, 2000, from Robert R. Collier,
Sr. to The Bruker Company of record in said Clerk's Office.
TO HAVE AND TO HOLD said storm drainage system, water distribution system,
retention pond, sewerage and road and street system, together with all and singular, the
.
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Book 00841 :1998 Augusta - Richmond County
2003007322 03/04/2003 15:54:57.06
rights, members, appurtenances thereof to the same being, belonging, or in anywise
appertaining to the only proper use, benefit and behoof of the said party ofthe second
part, its successors and assigns forever in fee simple.
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 first 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
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THEBRUKERCOMPANY / ~ .~~"(t .....,.. \ . '.
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ACCEPTED BY:
~s GEORGIA
Y. n t ou . Sf ~O~miSSion
BY: ""'-"'l
As the
ATTEST:
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Filed in this office:
Augusta - Richmond County
03/04/2003 15:54.:57.06
Elaine C Johnson
Rerum To:'County Attorney
.' . ';454 Greene Street ..
.r .Augusta, GA 30901
. -
Book 00841:1981 A~gu - 8iqhmond County
200300731703/04(20 15:54:57,01
_ $0 00 VV,ARR,l\N + DEED
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200300731 Augusta - Richmond County
. . .
Book 00845:2348 Augusta - Richmond County
200301006603(25(2003 15:38:02,01
$000 WARRANTY DEED
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2003010066 Augusta - Richmond County
STATE OF GEORGIA ) DEED OF DEDICATION (Utility Water)
COUNTY OF RICHMOND) FOR FAIRWAYS AT GOSHEN, PHASE III
TillS INDENTURE, made and entered into this 6<<.2 day of j-~ ,2003, between the
Bruker Company Homes hereinafter referred to as the Party 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;
WIl'NESSETH:
THAT the said Party of the First Part, for and in consideration of the sum ofTen Dollar
and no/lOO ($10.00) 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 Glynn Broker, Fairways At Goshen Phase
III by James G. Swift & Associates dated June 26, 2000 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 has been attached hereto and by reference made a part thereof;
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 utility services, the same hereinafter being referred to as the "PROJECT;"
1
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. Book 00845:2349 A~gusta - .Richmond County .
~. ....:. 2003010066 03/25/2003 15:38:02.01
Book 008411982 Au ta - Richmond County
2003007317' . /04/2003 15:54:57.01
. .
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
pile 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, shall have the right to use 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 with repairs, construction, maintenance,
or extension, so as to leave the land available and ready for ordinary purposes of agriculture;
(c) To exercise the right of extending, making repairs to and maintain said property in a
careful and skillful manner, avoiding unnecessary damage 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, its 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. I
2
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. Book 00845:2350 ~ugusta ~ Richmond County
.~ 20~301 0066 03/25/2003 15:38:02.01
Book 00841 :1983 A usta - Richmond County
200300731 ,3/0412003 15:54:57.01
WHENEVER there shall be more than one grantor, the phrase "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" 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 in our presence:
~oIL
Bruker Company Homes
Fairways At Goshen, Phase III
By: ~
no Bru er
Witness
As Its: President
i2rLJ A'~' ~aJV-'
Notary Public Notary Publrc, ColumbIa ComRy G
My Commission ExpMt;fomm,s9'cm EX~;1Gll \;(;01. t:i, ~:rifa
Attest:
As Its:
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Accepted by:
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Augusta - ichmond County
03/04/200315:545701
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STATE OF GEORGIA
COUNTY OF RICHMOND
(Roads & Storm Drainage)
MAINTENANCE AGREEMENT
THIS AGREEMENT, entered into this Jd-dayof :J~
, 200.5, by and
between THE BRUKER COMPANY, 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, retention areas and appurtenances for THE FAIRWAYS AT
GOSHEN, PHASE III, as shown on a plat prepared by James G. Swift & Associates, dated
June 6, 2000 and which plat is recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia, in Realty Reel 7 n ~ ,page .,23 <II
WHEREAS, Augusta, Georgia 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) Augusta accepts the roads, storm drains, retention area, and appurtenances,
respectfully described in the "Deed of Dedication" contemporaneously tendered herewith
to Augusta, Georgia Commission, which deed is recorded in the Office of the Clerk of the
8U.\
Superior Court of Richmond County, Georgia, in Realty Reel ~ ,pages
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(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.
(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, Augusta 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.
(5) In the event of an emergency, as determined by Augusta, and 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 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,
DEVELOPER
THEBRUKERCOMPANY
By ~F- -
As Its resident
~~s Its Mayor
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AdlllilliMfatol-f1t1I(
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STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
(Utility Water)
THIS AGREEMENT, entered into this3dday of -.:J~. _, 2003, by and between the Bruker
Company Homes, Fairways At Goshen, Phase III hereinafter referred to as the "DEVELOPER", and
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the
"CITY. "
WHEREAS, the DEVELOPER requested that the Augusta, Georgia accept certain 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 84~ PageJ3~8.e.-\--s~. ; 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 the 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 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 R~ Page.J3\{~ld- s, .
(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.
(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.
,~
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(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 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.
(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 the CITY for payment in full of costs of repairing the improvements due to fai lure of material
or poor workmanship as liquidated damages.
IN WITNESS WHEREOF, the DEVELOPER has hereunto set his hand and seal
and the CITY 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, SEALED, AND DELIVERED DEVELOPER in our presence:
/J~~L
Witness
Bruker Company Homes
jairWays At Goshen, Phas~
crBY' ~
III
As Its: President
Attest:
Notary Public n~~b!le, CuQum~!~ eC-U:'!iS'!, G~or~!a
My Commission ~mls>il!O:\'l r:~:nil!'f-';',f."",,,c:', "!!;), r-ifl1\'\Ol Its:
~.~
Accepted By:
By:
Attest:
. .
SUBDMSION: The FairWays At Goshen, Phase ill
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Ossabaw Court is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Richmond County desires to make Ossabaw 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 Ossabaw 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 existing Ossabaw Court
Extending approx. 410' SW to &
including cul-de-sac
(b) Length of road to nearest 1/100th mile:
0.08 mile
(c) Width & type of road surface:
30' from back of raised edge to back
of raised edge; type E asphalt
(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, Termille, Georgia 31089.
Adopted this..3~ day of J.dv
,20~.
"""'--
BY:
Mayor
Attest.