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Home My WebLink AboutSIBLEY DEVELOPMENT FOREST PLACE PHASES 1-A & 1-B MAINTENANCE AGREEMENT DEED OF DEDICATION \ .... .. . Book 01227:2013 Augusta - Richmond Count 2009034045 08/13/2009 12:06:36 00 y $QOOAGREEMENT . 1111111111111111111111111111111111I1111111111111111111111111 2009034045 Augusta - Richmond County After recording, return to Augusta Utilities Department Attn: Land Acquisition 360 Bay Street, Suite 180 Augusta, GA 30901 (706) 312 4143 STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT FOREST PLACE, PHASES I-A & I-B (Utility Water Distribution System and Gravity Sanitary Sewer System) lHlS AGREEMENT, entered into this -Lday of J iJ L- "'"I , 2009, by and between Sibley Development, LLC, a Georgia Limited Liability Company, a Georgia limited Liability Company, hereinafter referred to as the "DEVELOPER", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the "AUGUSTA": WITNESSETH WHEREAS, the DEVELOPER has requested that AUGUSTA accept the water distribution system and the gravity sanitary sewer system for the subdivision known as Forest Place, Phases 1-A & 1-8, as shown by a Deed of Dedication, contemporaneously tendered and recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, with this document; and WHEREAS, AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those installations and systems laid or installed in the subdivision, which AUGUSTA does accept by Deed, for a period of eighteen months; 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) AUGUSTA accepts the gravity sanitary sewer system and water distribution system for the subdivision, respectively described in the Deed contemporaneously tendered herewith to the Augusta-Richmond County Commission. (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 of final inspection and approval, that date being MARCH 17.2009. (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. (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 of the date . . Book 01227:2014 Augusta - Richmond County 2009034045 08/13/2009 12:06:36.00 of said writing, its proposed plan of repair and shall have the repairs completed in a reasonable time, as .determined by AUGUSTA. (5) If, in the event of an emergency, as determined by AUGUSTA, 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 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 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, the DEVELOPER has hereunto set its (his/her) 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. SIBLEY DEVELOPMENT, LLC By: C/lp; , '4t- Witness As its: Member Manager I< . /)/iuvu~1 uLLI~ 4 Notary Public '/ Richmond County, Georgia My Commission Expires: / C) / z /12- ACCEPTED BY: # AUGU;Th ~O By: <--J& Deke C enhaver A~)ts;tvt~)1~S;I'M'If, '%' . '1", Filed in this office: Augusta - Richmond County 08/13/2009 12:06:36.00 ELAINE C. JOHNSON Clerk of Superior Court ~ :~ .. .", :d t~~,~", '. ..iJ::: .~ f:.\ !~;\r.~ ,Ofli " \\ d.., .eO .,'" <?~ q.e@oOM"- 'i" ~;.\', '. f'. ,J:fI'(;' ~""\..... GEORG\_+ "'\1).~",~~ After recording return to: Augusta Utilities Department Land Acquisition 360 Bay Street, Suite 180 Augusta, GA 30901 Book 01227:2015 Augusta - Richmond County 2009034046 08/13/200912:06:36.01 $0.00 QUITCLAIM DEED 11111111111111111111111111111111 1111111111111111111111111111 2009034046 Augusta - Richmond County After recording, return to Augusta Utilities Department Attn: Land Acquisition 360 Bay Street, Suite 180 Augusta, GA 30901 (706) 312 4143 STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION [Utilities only-Private Streets] WHEREAS, Sibley Development, LLC, a Georgia Limited Liability Company (hereinafter known as "DEVELOPER") owns a tract ofland in Richmond County, Georgia, known as Forest Place, Phase I-A & I-B, and in the building of a housing subdivision on said tract, it has laid out a water distribution system and gravity sanitary sewerage system, in said subdivision; and WHEREAS, it is the desire of DEVELOPER, to deed said water distribution system and gravity sanitary sewer system to AUGUSTA, GEORGIA, (hereinafter known as "AUGUSTA"), a political subdivision acting by and through the Augusta-Richmond County Commission, for maintenance and control, reserving unto itself the maintenance and control of the storm drainage system and the road and street system; and WHEREAS, a plat/as-built of the above stated subdivision has been prepared by Southern Land Surveyors, Inc., dated February 27,2009_ said plat/as-built is being recorded as an attachment to this document and to which reference is hereby made for a more complete and accurate description as to the systems herein described; and WHEREAS, AUGUSTA, by and through the Augusta-Richmond County Commission, has consented and agreed to accept and maintain said water distribution system and gravity sanitary sewerage system; and WHEREAS, DEVELOPER has agreed that neither AUGUSTA, nor any of its departments, shall maintain individual force mains and/or grinder pumps and that said individual force mains and/or grinder pumps shall remain private. NOW, THEREFORE, this indenture made this -L day of ,-1 UG I 20 ~ between DEVELOPER and AUGUST A, , . Book 01227:2016 Augusta - Richmond County 2009034046 08/13/2009 12:06:36.01 WIT N E SSE T H: That DEVELOPER, for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, to it in hand well and truly paid by AUGUSTA, 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 water distribution system and gravity sanitary sewerage system, by AUGUSTA, has and does by these presents, grant, bargain, sell and confirm unto AUGUSTA, its successors and assigns, the following, to-wit: Exclusive easement(s) in perpetuity over the water distribution system and the gravity sanitary sewerage system, as shown on the aforementioned plat/as-built. Together with all of the necessary rights of ingress and egress for the purpose of maintaining the described water distribution system and gravity sanitary sewerage system. DEVELOPER, having elected to maintain the roads and streets as private streets, covenants that its (her/his) heirs, legal representatives, successors and assigns, shall repair, pave, or replace any private parking lot, road or street, or any portion thereof, through which AUGUSTA may excavate or perform other work in connection with repairs, construction, maintenance, or extension of its water distribution system and gravity sanitary sewerage system, and shall grant to the AUGUSTA the necessary easement(s) in connection with such construction or extension. DEVELOPER also grants AUGUSTA the right, but not the duty, to clear and keep clear, all trees, undergrowth and other obstructions from said permanent easement, along with the right of free ingress and egress to and from said permanent easement for this purpose. DEVELOPER further agrees that no trees or other vegetation that may interfere with the laying, relaying, installing, extending, operating, repairing and maintaining of pipelines transporting and carrying utility services shall be planted on said easement(s) and that no buildings, structures, or other permanent improvements shall be erected, constructed, or maintained thereon. TO HAVE AND TO HOLD said water distribution system and gravity sanitary sewerage 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 AUGUSTA, its successors and assigns forever in fee simple. AND DEVELOPER, its (her/his) heirs, legal representatives, successors and assigns, will warrant and defend the right and title to the above described property, to AUGUSTA, its successors and assigns, against all claims of all persons whosoever. , . Book 01227:2017 Augusta - Richmond County 2009034046 08/13/2009 12:06:36.01 IN WITNESS WHEREOF, DEVELOPER has hereunto set its (her/his) hand and affixed its seal the day and year first above written. Signed, sealed and delivered in SIBL~E~~ENT, LLC By: . ^-J/~ William -. Mooney As its: Member Manager Witness Cj;.fZ...~ -,.L 0- d If. ~A/U// L,/dzL :i' Notary Public l' Richmond County, Georgia /0/2-1/2 ACCEPTED BY: sB :~GU~R~ . Deke Cop4aver As its Mayor /i f t Attest: I i ifl" ,;t '.,' ~ j;!I ,; ><' /1 ~r.,..... ~ .:;; -.,. ~ . iii' ~'~~AL) \:. \. "-~h .' ,~ .':. ~ ;~~:.. ~ :; : 'I'f' , "" N ',"iV' ,,'St" -.;j!;j,;,~~ ....~. Book 01227:2018 Augusta - Richmond County 2009034046 08/13/2009 12:06:36.01 > c c:> "tl c Ul ~ >! ~ ~ t.=:I ; ~ "'c I :! . l:t 0 en >~ " . 53 llI'~ , ! ill (") E;j ~ < ill g -< i ili Z -< :;! i " . ,.. " I ~ c:> ~ !i2 > o ~ '" ~ --, Ii' ii If 'l I I I -I ~I I'il \1 ji~, ~- " ... it : , (j) . U> - \