HomeMy WebLinkAboutMaintenance Agreement (2)
Augusta Richmond GA
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DOCUMENT'NAME: Mo...l l\te.l'Q..r\ce A5h::eY"Y">c.I'"j 1--
DOCUMENT:TYPE: 'ACj r-c:e. rnen+
YEAR:
'lbo3
BOX NUMBER: 0-D
FILE NUMBER: r~ 08 ~
NUMBER OF PAGES:
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STATE OF GEORGIA
COUNTY OF RICHMOND'
MAINTENANCE AGREEMENT
.. . (Utility Water) . '. ..1
THIS AGREEMENT, entered into this ~day of ~j-- , 200.t, by and between
the Amberlake Estates Development Company, Amberlake Es ates Phase ITl 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 andrecorded in the office of the Clerk of the Superior Court
of Richmond County, Georgia, in RealtyReel Page ; 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, ~hich the CITY accepts
by deed;
NOW, THEREFORE, in considerati'on of the premises, the expense previously incurred by the
DEVELOPER and t1)e. mutual agreement hereinafter set out, IT IS AGREED that:
(1)- The. <:;ITY 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 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 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 ,,:,orkmanship,
the DEVELOPER shall be responsible fot adequate maintenance and repair.
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(4) . In the event of such failure ofthe 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 belluthorized 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 allowthe 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 failure 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:
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Notary Public . .
My Commi s s i o~OE!~~-:l:lCOlumbia Count~. GeorQia
. . "My C5'mrnlsSIUII r:~p"es June l!l:l, 2005
Accepted By:
., AU~(J;eorgia
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James D. o'Neal
Amberlake Estates Development Company
By:
President
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SUBDIVISION: Amberlake Estates.
Phase ill
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Prescott Place is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Richmond County desires to make Prescott Place a part of its County Road
System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission-Council of Richmond County, Georgia, that Prescott Place 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 W oodlake Road
Extending approx. 950' NW. then curving
NE and then NW to and including cul-de-sac
(b) Length of road to nearest 1/l00th mile:
0,18 mile
(c) Width & type of road surface:
31' from back of curb to back of curb;
type E asphalt
(d) Right-of-Way:
60' 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 A day of ~ ' 20l)J .
AUGUSTA-RICHMOND COUNTY
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Lf Mayor
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Book 009Q3:2505 Augusta - Richmond County
2003058013 12/22/2003 15:04:52.02
$0.00 QUITCLAIM DEED
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2003058013 Augusta - Richmond County
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Return to:
County Attorney
454 Greene Street
Auqusta. GA 30901
"~"I STATE OF GEORGIA ) DEED OF DEDICATION (Utility Water)
, ! COUNTY OF RICHMOND) FOR AMBERLAKE ESTATES, PHASE III
~-11 TIDS INDENTURE, made and entered into this Lf[ day of ...5u7~' ;1M_~, between
'. the Amberlake Estates Development Company, Amberlake Estates Phase ill hereinafter
.,'. _.1 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;
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.WITNESSETH:
THA T the said Party of the First Part, for and in consideration of the sum of Ten Dollar
'I and noll 00 ($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
;'1 other good and valuable considerations, has granted, bargained, sold, released, conveyed and
~ I confirmed unto the said Party of the Second Part, its successors and assigns the following
:] described property, to-wit:
::'
AN EASEMENT IN PERPETillTY UNDER, ACROSS AND THROUGH the
, I approximateiy marked strips ofland, together with the pipelines and appurtenances located therein, ..
..J which are delineated on a plat prepared for Arnberlake Estates Development Company.
, . Amber1ake Estates Phase III by George L. Godman & Associates dated August 8. 2001 which
.1 .I plat reference is made for a more complete and accurate description as to the metes, bounds and
'-..J location of said easements, and said plat has been ~ttached hereto and by reference made a part
.' l thereof;
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. I SAID EASEl\1ENT BEING IN THE NATURE of a right-of-way for the purpose oflaying,
J relaying, installing, e~tending, operflt.in~, repairing, and maintaining pipelines transporting and
carrying utility services, the same hereinafter being referred to as the "PROJECT;"
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Book 00903:2506 Augusta - Richmond County
2003058013 12/22/2003 15:04:52.02
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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 $aid 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 win 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 whomsot?ver.
WHENEVER there shall be more than one grantor, the phrase "Party of the First Part" and
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, Book 00903:2507 Augusta - Richmond County
2003058013 12/22/2003 15:04:52,02
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all related pronouns, related pronouns and verbs shall read as if written in the plural forni, 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:
James D. O'Neal
Amberlake Estates Development Co,
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Witness .'
()fldu2 a-/f)~
Notary Public \ Nota~ Public. Columl?ia County. G;orgia
M C .. E M,u .ommission Expires June 28, 2005
Y omm~~~I.~n xpIre
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By:
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es e. O'Neal, President
Accepted by:
AUGUST A, GEORGIA
Attest:
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ST ATE OF GEORGIA
(Roads & Storm Drainage)
COUNTY OF RICHMOND MAINTENANCE AGREEMENT
THIS AGREEMENT, entered into this ~ day Of~O~y and between James
D. O'Neal and Steven G. Smithson d/b/a AmberlakeEstates Development Co., hereinafter
referred to as "Developer", and AUGUST A, GEORGIA, a political subdivision of the State of
Georgia, acting by and through its Commission hereinafter referred to as "Augusta".
WHEREAS, the Developer requests that Augusta, Georgia, Commission accept certain
roads, stonn drains, sewerage and water distribution system, detention pond and appurtenances for
Amberlake Estates Phase III as shown by deed contemporaneously tendered and recorded in the
Office of the Clerk of the Superior Court of Richmond County, Georgia in de~d{)~eI7()3, page
2:)'/6
, and; 2.5"11.
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, stonn drains, sewerage and water distribution, detention pond,
and appurtenances, respectfully described in the "Deed of Dedication" contemporaneously tendered
herewith to Augusta, Georgia, Commission, whic~ deed is recorded in the Office of the Clerk of the
IJDlJK. .
Superior Court of Richmond County, Georgia, in Realty Reel 90.3 , page :2.)/6 - J..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 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 should present within fifteen business
days its proposed plan of repair and shall have the repairs completed at a reasonable time, as
determined by Augusta.
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(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
at the Developer's expense 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 the costs of repairing the improvements due to failure of material
or poor workmanship as liquidated damages.
IN WITNESS WHEREOF, Developer has hereunto set its hand and seal and Augusta 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,
James D. O'Neal and Steven G. Smithson
d/b/a Amberlake Estates Development Co.
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Steven G. Smit so
AUGUST A, GEORGIA COMMISSION
ATTEST:
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Prepared by:
James F. Findlay
1557 Gordon Highway Suite D
Augusta, Georgia 30906
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~ . /.,. Return to:
, " . County Attorney
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'~l ! Au~usta. .GA30901
STATE OF GEORGIA
COUNTY OF RICHMOND
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Book 00903:2510 Augusta - Richmond County
2003058014 12f22/2oo3 15:04:52.03
$0.00 QUITCLAIM DEED
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2003058014 Augusta - Richmond County
(Roads I_Storm Drain~ge)
DEED OF DEDICA nON
WHEREAS, James D. O'Neal and Steven G. Smith d/b/a Amberlake Estates Development
Co. owns a tract ofland in Richmond County, Georgia known as Amber'lake Estates Phase III and in
the building of a housing subdivision on said tract, it has laid out a storm drainage system, water
distribution system, sanitary sewerage system, and road and street system, detention pond, and;
WHEREAS, it is the desire of James D. O'Neal and Steven G. Smithson d/b/a Amber'lake
Estates Development Co., to deed the storm drainage system, water distribution system, sanitary
sewerage system, and road and street system, and detention pond to Augusta, Georgia, a political
subdivision acting by and through its Commission for maintenance and control; and
WHEREAS, a plat of Amber'lake Estates Phase III has been prepared by George L. Godman
& Associates, dated August 10, 200 I and said plat has been recorded in the Office of the Clerk of the
Superior Court of Richmond County, Georgia in Deed Reel 750, page/57p2-! ~'?o which reference is.
hereby had to said plat for a more complete and accurate description as to the land herein described; and
WHEREAS, Augusta, Georgia by and through its Commission has consented and agreed to
accept and maintain said storm drainage system, water distribution system, sanitary sewerage system, and
road and street system and detention pond.
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NOW, THEREFORE, this indenture made this /6""'" day of~-'.~ 20M by James D. O'Neal
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and Steven G. Smithson d/b/a Amber'lake Estates Development Co:~ hereinafter r.eferred ~~.as the
party of the first part and Augusta, Georgia"A POLITICAL SUBDIVISION, by and through its
Commission, hereinafter referred to as the party of the second part,
WITNESSETH
That the party of the first part for and in con,sideration of the sum of Ten and no/lOa ($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
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of the benefits to its property by the maintenance of said storm drainage system, water distribution system,
sanitary sewerage system, and road and street system and detention pond 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, sanitary sewerage system, and road and street system and detention pond as
the saine are now located and existing in Amberlake Estates Phase III as shown on a plat of said
subdivision which plat was prepared by George L. Godman & Associates which plat is recorded in the
Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Reel 7 ~~ Pages
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Book 00903:2511 Augusta - Richmond County
2003058014 12/22/2003 15:04:52.03
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Together with all of the necessary ri?hts of ingress and egress for the purpose of maintaining the
described stonn drainage system, water distribution system, sanitary sewerage system, and road and street
system and detention pond. 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 pf electricity which has been
granted in the past and the Grantor herein reserves an easement over the storm drainage system, sanitary
sewerage system, and road and street system and detention pond 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 adjacent thereto,
TO HAVE AND TO HOLD said storm drainage system, water distribution system, sanitary
sewerage system, and road and street system and deten.tion pond, 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 said party of the second part, its successors and assigns forever in
fee simple.
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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"th~ party of the first part has hereunto set their ands and affixed their
seals the day and year first ab?ve written,
Signed, sealed and delivered
in the presence of:
James D. O'Neal and Steven G. Smithson d/b/a
Amberlake Estates Development Co.
Prepared by:
James F. Findlay, Attorney
1557 Gordon Highway Suite D
Augusta, Georgia 30906
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Filed in this office:
Augusta - Richmond County
12/22/2003 15:04:52.03
Elaine C. Johnson
Clerk of Superior Court
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