HomeMy WebLinkAboutBreckenridge Section Phase One
Augusta Richmond GA
DOCUMENT NAME: ~r<.~ c.t.L 8d\1fl, 1 \)~ (;; ) <;S tCn ON S- I '\>\-1 A 51'0 0 (\:> e:
DOCUMENT TYPE: A ,?R.e::e rn E,~
YEAR: dbOY
BOX NUMBER: :;l Y
FILE NUMBER: 11410 ~
NUMBER OF PAGES: 1~
..
Book 00955:1713 Augusta - Rictnllond County
2004046694 10/13/2004 09:50:52.11 .
$0.00 AGREEMENT
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2004046694 Augusta - Richmond County
---_._~-,-~~ ----....
RETURN TO:
Stephen E. Shepard, Esquire
701 Greene Street, Suite 104
Augusta, GA 30901
(706) 724-6597
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
FOR BRECKENRIDGE, SECTION 5, PHASE ONE
(Utility Water and Sewer)
f'_ -i:.- / _ . fill/HI
TillS AGREEMENT, entered into this ..2!!!.- day of /l ~ ,~ by and between
the Nordahl & Co.. Inc.. Breckenrid2e. Section 5. Ph~se One 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 9:<< Page /7 t/? ; 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 9' ~ Page /'7 .tJ19'
(2) The DEVELOPER agrees to maintain all the installations laid or installed in said subdivision
as descnoed 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.
. ..
Book 00955:1714 Augusta - Richmond County
2004046694 10/13/200409:50:52.11
(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 ofan 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 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 ftrst above written.
SIGNED, SEALED, AND DELIVERED DEVELOPER in our presence:
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By:
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Book 00955:1709 Augusta - Richmond County
2.0040466~310/13/2004 09:50:52.10
$0.00 WARRANTY DEED
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2004046693 Augusta - Richmond County
.--._-...... - .....------------..
RETURN TO:
Stephen E. Shepard, Esquire
Shepard, Plunkett, Hamilton, Boudreaux & Tisdale
LLP ,
701 Greene Street, Suite 104
Augusta, GA 30901
STATE OF GEORGIA ) DEED OF DEDICATION (UTILITY)
COUNTY OF RICHMOND ) FOR BRECKENRIDGE, SECTION 5, PHASE ONE
THIS INDENTURE, made and entered into this 1IIY day of ~ ,~~
between the Nordahl & Co., Inc., hereinafter referred to as the' Party of the First P~ and
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to
as the Party of the Second Part;
WITNESSETH:
THAT the said Party of the First Part, for and in consideration of the sum ofTen Dollar
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
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 ofland, together with the pipelines and appurtenances located therein,
which are delineated on a plat prepared for Breckenridge. Section 5. Phase One by Southen
Partners. Inc.. dated September 29. 2003 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 oflaying,
relaying, installing, extending, operating, repairing, and maintaining pipelines transporting and
carrying utility services, the same hereinafter being referred to as the "PROJECT;"
1
Book 00955:1710 Augusta - Richmond County
2004046693 10/13/2004 09:50:52.10
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.
2
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Book 00955:1711 Augusta - Richmond County
2004046693 10/13/2004 09:.50:52.10
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 pronOlIDS 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:
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Nordahl & Co., Inc.
Brecke' , Sec'. n 5, Phase One
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Donna Redd
By:
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Accepted by:
AU UST A, GEORGIA
Attest:
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Book 00955:1785 Augusta - Richmond County
2004046691 10/13/2004 09:50:52.08
$0.00 QUITCLAIM DEED
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2004046691 Augusta - Richmond County
RETURN TO:
Stephen E. Shepard
701 Greene Street, Suite 104
Augusta, Georgia 30901
STATE OF GEORGIA )
)
COUNTY OF RICHMOND )
DEED OF DEDICATION
(Roads, Detention Area, and Storm Drainage)
THIS INDENTURE, made and entered into this ~ day of ~~ , q-OO~y and
between NORDAHL & CO., INC. hereinafter referred to as the Party ofthe FIRST PART, and AUGUSTA,
GEORGIA, a political subdMsion of the State of Georgia, acting by and through its Augusta, Georgia
Commission, as the party of the SECOND PART.
WITNESSETH:
THAT the said Party of the FIRST PART, for and in consideration of the sum of One Dollar ($1.00)
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 and by these presents does grant,
bargain, sell, release, convey and confirm unto the said Party of the SECOND PART, its successors and
assigns, the following described property, to-wit:
ALL PORTlON OF PROPERTY SHOWN ON THE PLAT HEREIN REFERRED TO AS ALL
THOSE STREETS, STORM DRAINAGE, WATER LINES OR MAINS, DETENTION AREA,
PIPES, VALVES, CONNECTIONS, AND SEWER LINES, located in Breckenridge
SubdMsion Section 5 Phase 1 according to the plat prepared by Southern Partners, Inc.,
dated August 21 , 2003, revised September 4, 2003, being shown as the following streets:
Crested Butte Road and Loveland Drive and as more particularly shown and designated
on said plat as recor<t{lg in ..th~_Office of the Clerk of Superior Court, AU9usta-RiC. hmond
County, Georgia, in ~ ~, pages..l2!i- to which plat reference is made for a
complete and accurate description as to the metes, bounds and location of said
easements.
\/
TOGETHER with an easement to enter upon all areas shown as detention area, water system
easements, and drain~ge and utility easements shown on said plat.
TO HAVE AND TO HOLD SAID PROPERTY and all singular the members and appurtenances
therein belonging as aforesaid, and every part thereof, unto the said party of the SECOND PART, its
successors and assigns, forever in FEE SIMPLE.
,
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"
Book 00955:1706 Augusta ~ Richmpnd County
2004046691 10/13/.200409:50:52.08
- ...
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.
By:
As Is
(SEAL)
SIGNED, SEALED AND DELIVERED
In our presence:
~~ J. (,)1l M.,) 0 hlldD )
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Accepted by Augusta, Georgia, by
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Filed in this office:
Augusta - Richmond County
10/131200409:50:52.08_
Elaine C. Johnson
Clerk of Superior Court
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Book 00955:1707 Augusta - Richmond County
200404669210/13/2004 09:50:52.09 .
$0.00 AGREEMENT
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2004046692 Augusta - Richmond County
"
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RETURN TO~-- -- '-
Stephen E. Shepard, Esquire
Shepard, Plunkett, Hamilton, Boudreaux & Tisdale
LLP ,
701 Greene Street, Suite 104
Au!:!:usta. GA 30901
STATE OF GEORGIA
)
)
COUNTY OF RICHMOND )
. fn_..J:-L 2-D 0'1
THIS AGREEMENT, entered into this 1I!iday o~btv, 299a, by and between NORDAHL &
CO., INC.., hereinafter referred to as "Developer", and AUGUSTA, GEORGIA a political subdivision of the
MAINTENANCE AGREEMENT
(Roads, storm Drainage and Detention Area)
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 and appurtenances for Breckenridge Subdivision Section 5 Phase 1, 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 q 5"~ page.L7f?L 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 Augusta accepts by deed;
NOW, THEREFORE, in consideration of the premises, the expense previously incurred by
Developer and the mutual agreements hereinafter set cut, IT IS AGREED that:
(1) The City accepts the roads and appurtenances, storm drains and appurtenances, and
detention area respectfully described in the deed contemporaneously tendered herewith to Augusta,
Georgia 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.
.-' '...)
.
... .
Book 00955:1708 Augusta - Richmond County
2004046692 10/13/200409:50:52.09
(3)
The Developer agrees that if during said eighteen month period there is a failure of the
installations laid or installed in said subdMsion 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, 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 at a reasonable time, as determined by
Augusta.
(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 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
NORDAHL & CO., INC.
(L.S.)
By:
As Its
, ,
AUGUST A, GEORGIA
o COMMISSION
pfksl~MaY~\ ~ ?S
(L.S.)
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Filed in this office:
Augusta - Richmond County
1 0/13/2004 09:50:52.Q9
Elaine C. Johnson
Clerk of Superior Court
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SUBDMSION: Breckenridge; Section Five,
Phase One .
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Crested Butte Road is an existing road in Richmond County, Georgia, open
to public usage; and
WHEREAS, Richmond County desires to make Crested Butte Road a part of its County
Road System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission-Council of Richmond County, Georgia, that Crested Butte Road 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 100' E of Loveland Drive.
Extending approx. 1,050' W & then SW
to & including cul-de-sac
(b) Length of road to nearest 1/l00th mile:
0.20 mile
(c) Width & type of road surface:
31' from back of curb to back of curb;
Type E asphalt surface
(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 111v daYOf~b/A-/ ,20.P!L.
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AUGUST A-RICHMOND COUNTY
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SUBDMSION: Breckenridg~, Section Five,
Phase One
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Loveland Drive is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Richmond County desires to make Loveland Drive a part of its County
Road System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission-Council of Richmond County, Georgia, that Loveland Drive 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 Crested Butte Road
Extending approx. 144' S to existing Loveland Drive
(b) Length of road to nearest 1/100th mile:
0.03 mile
( c) Width & type of road surface:
31' from back of curb to back of curb:
Type E asphalt surface
(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 7#V dayof ~ ,20il!l
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AdGUSTA-RICHM~ND COUNTY
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