HomeMy WebLinkAboutGA VITRIFIED BRICK CLAY CO (2)
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County Attorney
Suite 104
701 Greene Street
Augusta, Georgia 30901
B k 01049:0644 Augusta - Richmond County
~016801 04113/200614:52:36.00
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2006016801 Augusta - RIchmond Co ty
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STATE OF GEORGIA
)
PARTICIPATION FEE
AGREEMENT
COUNTY OF RICHMOND )
THIS Agreement, made the m day of December, 2005, by and between Georgia
Vitrified Brick & Clay Co., a Georgia limited partnership, as party of the first part, hereinafter
called "GVBC", and Augusta, Georgia, a political subdivision of the State of Georgia, as party of
the second part, hereinafter called "Augusta",
WITNESSETH:
WHEREAS, Augusta has acquired in fee simple from GVBC the property described on
Exhibit "A" (the "Augusta Property") located along Gordon Highway in Richmond County,
Georgia;
WHEREAS, Augusta is in the process of constructing sanitary sewer lines to service the
Butler Creek drainage basin; and
WHEREAS, GVBC owns land adjoining the Augusta Property which it desires to have
sanitary sewer service provided to and which is described on Exhibit B (the "GVBC Property");
and
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Book 01049:0645 Augusta - Richmond County
2006016801 04/13/2006 14:52:36.00 I
WHEREAS, GVBC has agreed to reimburse Augusta a portion of the cost of constructing
said lines.
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS, the
premises and other good and valuable consideration, GVBC and Augusta agree as follows:
(1) Augusta shall construct a sub-surface sewer line in accordance with plans and
specifications prepared by James G. Swift & Associates, copies of which have been provided to
GVBC and have been placed on file in the Augusta Utilities Department. Such plans and
specifications are incorporated herein by reference.
(2) As an inducement to Augusta to install, operate and maintain the sanitary sewer
facilities and services contemplated herein, GVBC has and does hereby agree to pay to the
Augusta Utilities Department the sum of Two Hundred Twenty Seven Thousand One Hundred
Fifty and no/lOOths ($227,150.00) Dollars, at the rate of Two Hundred Fifty and no/l00ths
($250.00) Dollars, per acre for each acre of the GVBC Property it develops and/or sells within
the portion of the Butler Creek drainage basin located north of Gordon Highway. Such fee shall
be paid contemporaneously with the sale and conveyance of lots and/or parcels developed by
GVBC or at the time of sale of undeveloped lots, tracts or parcels of land to third parties in the
Butler Creek drainage basin to be served by the sewer line to be constructed.
(3) The terms "GVBC", "Augusta" and "Augusta Utilities Department" as used herein
shall be deemed to mean their respective heirs, successors and assigns, and this Agreement shall
inure to the benefit of and be binding upon GVBC, Augusta and their respective heirs, successors
and assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and their seals
on the day and year above first written.
Georgia Vitrified Brick & Clay Co.
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By: ~ ~
As its eneral Partn .
[signatures continued on following page]
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Book 01049:0646 Augusta - Richmond County
2006016801 04/13/2006 14:52:36.00
Signed, sealed and delivered Augusta, Georgia
in the presence of:
~J1:f._ Id 17; ,~ By: (j~, 0----
Witness'1' ~ ~s its Mayor ~
/)0/,,:% tfJ 'z726J?~ Attest: if)r;. ~
Notaryr..P blic As its Ie k V
Commission ,Expiration Date:
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Notary Public, Columbia County, Georgia
My Commission Expires Aug. 1, 2006
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Book 01049:0647 Augusta - Richmond County
2006016801 04/13/2006 14:52:36.00
Exhibit A
All that certain tract or parcel of land, situate, lying and being in Augusta, Richmond
County, Georgia, containing 97.9 acres (included in such 97.9 acres is that area
designated as "4.16 Acre Envelope For Future Road Crossing" as shown on the plat
identified below), more or less, and described as follows: Starting the Point of
Beginning at the intersection of Butler Creek and the Northerly right of way of Old
U.S. Highway 78 (N 1,252,498.09 E 667, 729.26) and running S77041 '25"W for a
distance of 60.26 feet to a point; thence along the curve of the right of way a length
of 312.31 feet (R=989.71) and chord of 316.93 feet (S68031 '25"W) to a point; then
N71048'03"W for a distance of 188.89 feet to a point; then N08000'41"E for a
distance of 120.87 feet to a point; then N79027'07"E for a distance of 97.88 feet to a
point; then NlO032'53"W for a distance of 38:67 feet to a point; then NOl 044' 3 O"E
for a distance of 71.88 feet to a point; then N28000'33"W for a distance of 88.43 feet
to a point; then N45001 '47"W for a distance of 98.23 feet to an iron pipe set; then
N41013'29"W for a distance of 144.42 feet to a point; then N80010'14"W for a
distance of 79.34 feet to a point; then N73014'52"W for a distance of 114.36 feet to a
point; then N31 051 ' 40"W for a distance of 246.27 feet to an iron pipe set; then
N58030'26W for a distance of 291.20 feet to a point; then N81029'22"W for a
distance of 394.89 feet to an iron pin set; then N87028'34"W for a distance of
369.25 feet to an iron pipe set; then N76006'15"W for a distance of 189.34 feet to a
point; then S73050'54"W for a distance of 96.25 feet to a point; then S89008'50"W
for a distance of 124.90 feet to an iron pipe set; then N22059'42"W for a distance of
234.23 feet to a point; then N57039'22"W for a distance of 149.79 feet to a point;
then NI8036'41"W for a distance of 65.88 feet to a point; then S83011'31W for a
distance of 119.59 feet to a point; then S74017'41 "W for a distance of 140.61 feet to
an iron pipe set; then N76012' 15"W for a distance of 139.32 feet to a point; then
N80032'36"W for a distance of 228.22 feet to a point; then N54057'42"W for a
distance of 167.16 feet to an iron pipe set; then N75035'25"W for a distance of
135.36 feet to a point; then S61 010'51"W for a distance of 99.25 feetto a point; then
N69027'20"W for a distance of 117.16 feet to a point; then N55029'19"W for a
distance of 115.30 feet to a point; then N23041;12"W for a distance of 43.93 feet to
an iron pipe set; then S85014'43"W for a distance of 179.92 feet to a point; then
N48029'40"W for a distance of 138.93 feet to an iron pipe set; then N84016'16"W
for a distance of68.82 feet to a point; then S71 013'31"W for a distance of99.91 feet
to a point; then N64009'39"W for a distance 163.50 feet to a point: then
N43050'09"W for a distance of 90.09 feet to a point; then N60002'58"W for a
distance of 109.05 feet to an iron pipe set; then N83016'27"W for a distance of70.91
feet to a point; then N58028'55"W for a distance of 132.59 feet to a point; then
S79059'31"W for a distance of 231.44 feet to a point; then S70017'36"W for a
distance of 169.24 feet to an iron pipe set; then S81052'01"W for a distance of
134.88 feet to a point; then N70008'33"W for a distance of 50.30 feet to a point; then
S77057'12"W for a distance of 321.37 feet to a point; then S45025'05"W for a
distance of 35.31 feet to a point; then N88037'24"W for a distance of 46.66 feet to a
point; then S32014'27"W for a distance of 43.56 feet to an iron pipe set; then
Book 01049:0648 Augusta - Richmond County
2006016801 04/13/2006 14:52:36.00
S85020'47"W for a distance of 196.93 feet to a point; then S39048'45"W for a
distance of 104.18 feet to a point; then N77037'45"W for a distance of 121.62 feet to
a point; then N40019'51"W for a distance of 50.37 feet to an iron pipe set; then
N81006'16"W for a distance of 33.95 feet to a point; then N87059'51"W for a
distance of 185.42 feet to a point; then S76046'13"W for a distance of 93.25 to a
point; then S60014'06"W for a distance of 204.15 feet to an iron pipe set; then
N82037'44"W for a distance of 52.27 feet to a point; then S59040'57"W for a
distance of 80.48 feet to a point; then S34038'25"W for a distance of 74.00 feet to a
point; then S83012'46"W for a distance of 174.45 feet to a point; then N67012' 13"W
for a distance of 322.96 feet to a point; then N40 041 '52"W for a distance of 63.25
feet to a point; then N72 024'06"W for a distance of 190.69 feet to a point; then N49
002'04"W for a distance of 353.90 feet to an iron pipe set; then S74 022'57"W for a
distance of299.05 feet to a point; then N85 o08'59"W for a distance of 151.73 feet to
a point; then N49 033'30"W for a distance of 130.97 feet to an iron pipe set; then
S83 031 '37"W for a distance of 236.58 feet to a point; then S57 004'59"W for a
distance of 389.55 feet to an iron pipe set; then S30 000'37"W for a distance of
314.44 feet to an iron pipe set; then N78 020'03"W for a distance 0825.74 feet to a
point; then N75 009' 13"W for a distance 0832.99 feet to an iron pipe set; then N65
017'02"W for a distance of 399.05 feet to a point; then N80 031' 10"W for a distance
of 320.81 feet to an iron pipe set; then S63 004' 45"W for a distance of 3 78.65 feet to
a point; then S84 025'28"W for a distance of 183.71 feet to an iron pipe set; then S26
o12'02"W for a distance of 105.03 feet to a point; then S45 012'02"W for a distance
of 104.53 feet to a point; then S83 045'08"W for a distance of 112.98 feet to a point;
then N82 024'04"W for a distance of 254.01 feet to an iron pipe set; then N63
006'53"W for a distance of218.51 feet to a point; then N52 043'06"W for a distance
of 194.58 feet to a point; then N65 002'26"W for a distance of 181.92 feet to an iron
pipe set; then S86 014' 01 "W for a distance of 113.71 feet to a point; then S51
006'45"W for a distance of 137.41 feet to a point; then S76 047'50"W for a distance
of 246.04 feet to a point; then S86 056'45"W for a distance of 164.87 feet to a point;
then N51 009'24"W for a distance of 41.58 feet to a point; then N29 056'14E for a
distance of 283.30 feet to a point; then S86 024' 14"E for a distance of 142.24 feet to
a point; then N08 054'26"W for a distance of 202.06 feet to an iron pipe set; then
S87 035' 53"E for a distance of 735.39 feet to an iron pipe set; then S76 043' lO"E for
a distance of 468.78 feet to an iron pipe set; then S07 009' 55"E for a distance of
233.85 feet to a point; then along the center line of Butler Creek for a distance of
4,711.67 feet, more or less, to an OTF; then N27 059'55"W for a distance of 110.94
feet to an iron pipe set; then N87 040' 44"E for a distance of 136.06 feet to a point;
then S88 056'40"E for a distance of 202.69 feet to an iron pipe set; then N61
033 '24"E for a distance of 354.76 feet to a point; then N54 020'35"E for a distance of
68.94 feet to an iron pipe set; then N71 022'25"E for a distance of 220.15 feet to a
point; then N81 042' 11 "E for a distance of 349.67 feet to an iron pipe set; then S75
037'09"E for a distance of 152.93 feet to a point; then N89 037'47"E for a distance of
114.04 feet to a point; then S75 021 'OO"E for a distance of 116.87 feet to a point;
then N81 037'40"E for a distance of 169.63 feet to a point; then S87 050'24"E for a
distance of 179.80 feet to a point; then S84 042' lO"E for a distance of 195.00 feet to
a point; then S71 028'42"E for a distance of 166.14 feet to an iron pipe set; then S15
-.
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Book 01049:0649 Augusta - RiCh~o~~-Count~
2006016801 04/13/2006 14:52:36.00
030'38"W for a distance of 363.9 feet to a No.4 RBF; then along the center line of
Butler Creek for a distance of 2,486.53 feet, more or less, to a point; then N22
011 '08"E for a distance of 97.00 feet to a RBF; then N22 011 '08E for a distance of
26.46 feet to an iron pipe set; then N60 033'45"E for a distance of 106.14 feet to a
point; then S61 044'05"E for a distance of 145.27 feet to a point; then N69 030'20"E
for a distance of 53.39 feet to a point; then N46 009'57"E for a distance of96.84 feet
to an iron pipe set; then N80 035'30"E for a distance of 187.93 feet to a point; then
N18 034' 15"E for a distance of291.39 feet to an iron pipe set; then S73 022'34"E for
a distance of 149.73 feet to an iron pipe set; then S12 024'38"E for a distance of
59.84 feet to a point; then S33 025' 11 "E for a distance of 105.40 feet to a point; then
S67 014'14"E for a distance of 75.00 feet to a point; then S52 032'28"E for a
distance of 89.08 feet to a point; then S36 01O'36"E for a distance of 108.71 feet to a
point; then N86 030'34"E fur a distance of 104.73 feet to a point; then S73 026'47"E
for a distance of 77.13 feet to a point of a nail set at the base of a tree; then S08
024'21"W for a distance of 88.89 feet to a point; then S16 028'38"W for a distance
of 62.92 feet to a point; then S45 027'58"W for a distance of 54.50 feet to a point;
then S10 050'56"E for a distance of 127.54 feet to a point; then S75 040'50"E for a
distance of 45.02 feet to a point; then S62 038'46"E for a distance of 97.02 feet to a
1.5" OTF; then S33 048'54"E for a distance of 237.71 feet to a 1.5" OTF; then S32
012'43"W for a distance of 378.02 feet to a 1.25" OFT; then S32 012'43"W for a
distance of 23.00 feet to a point; then along the center line of Butler Creek for a
distance of 1,018.96 feet, more or less, back to the Point of Beginning. Said tract, or
parcel of land being more fully described on a plat prepared for the Augusta Board of
Commissioners by James G. Swift & Associates, dated February 4, 2005, revised
April 18, 2005 and November 1,2005, consisting of seven sheets and being recorded
in the Office of the Clerk of the Superior Court of Richmond County, Georgia in
/).. , page ;) ;)..[, ; to which reference is made for a more
complete and accurate description of said property, its exact location, dimensions,
metes and bounds.
The above described property shall be used and maintained in a manner consistent
with and subject to rules and regulations, now in effect or adopted in the future,
applicable to greenspace, conservation and wetland mitigation property to preserve,
to the extent reasonably possible, its natural and wild state and restricted from any
development other than for public recreation, subject to the continued use by Grantee
of the property for the installation and future expansion, development and
maintenance of public utilities constructed thereon.
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Book 01049:0650 Augusta - Rj~hm~~d c~~~~;--
2006016801 04/13/2006 14:52:36.00 ;
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Exhibit B
All those tracts or parcels of land owned by Georgia Vitrified Brick & Clay
Co. situate, lying and being in Augusta, Richmond County, north of Gordon
Highway in the drainage basin of Butler Creek. Said properties are
contiguous to a tract of land containing 97.9 acres conveyed by Georgia
Vitrified Brick & Clay Co. to Augusta, Georgia contemporaneously
herewith and consist of all of the property owned by Georgia Vitrified Brick
& Clay Co. between the boundaries of said 97.9 acre tract and the limits of
said drainage basin.
Filed in this office:
Augusta - Richmond County
04/13/2006 14:52:36.00
Elaine C~ Johns~
Clerk of Superior Court