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HomeMy WebLinkAboutSIBLEY DEVELOPMENT LLC DEED OF DEDICATION FOREST PLACE PHASES 2-1 AND 2-B (UTILITIES ONLY-PRIVATE STREETS) 1 i After recording return to: Augta Util' es art le6d Ac siti 360 St Sui Book 01276:1893 Augusta - Richmond County A us A 30 1 2010042372 10/05/2010 15:27:28.00 ksb $0.00 WARRANTY DEED 1 1111 111111 1 111 III 1111 I I IIIII I I I AUGUSTA LAW DEPARTMENT Il1IIII IIIIII1I1III11i1111llil111111111111111111 1111111 I 501 GREENE STREET, SUITE 302 2010042372 Augusta Richmond County AUGUSTA, GA 30901 -4415 STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION [Utilities only- Private Streets] FOREST PLACE, PHASES 2 -A AND 2 -B WHEREAS, Sibley Development, LLC, a Georgia Limited Liability Company, (hereinafter known as "DEVELOPER ") owns a tract of land in Richmond County, Georgia, known as Forest Place, Phases 2 -A and 2 -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 of the above stated subdivision has been prepared by Southern Land Surveyors, Inc., dated September 17, 2009_ said plat being recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Book 5, Page 192, 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. Book 01276:1894 Augusta - Richmond County 2010042372 10/05/2010 15:27:28.00 NOW, THEREFORE, this indenture made this c27/ day of i 2010 between DEVELOPER and AUGUSTA, WITNESSETH: 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. ' ... Book 01276:1895 Augusta - Richmond County 2010042372 10/05/2010 15:27:28.00 AND DEVELOPER, its 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. IN WITNESS WHEREOF, DEVELOPER has hereunto set its hand and affixed its seal the day and year first above written. SIBLE DEV O , NT, LLC Signed, sealed and delivered in By: William I T. Mooney As its: Member Manager ITNESS 7 P' 1 f ) r y k i 1 / ( 17 ' ' It / NOTARY PUBLIC ' -; Richmond County, Georgia My Commission Expires: , /,- /z' 4 (4 b . 41_ , U I ACCEPTED BY: \I SII:.10,:i. WS, a AUGUSTA, GEORGIA By: (..—(2(./C/ ,46"10Deke Co. I aver 4 /27/kAs its Mayor l I9 f Adjalet �� ° °••••• . • r } i Filed in this office: 01 s `^ �' • O Augusta - Richmond County I " ' ` A ®� 10/05/2010 15:27:28.00 ®/ ®� A - ,.. �,� AO � ELAINE C. JOHNSON � '� v a(- ` , c, A w ` Clerk of Superior Court t '-- ''°'`"