HomeMy WebLinkAboutKuhlke Construction & Associates
Augusta Richmond GA
DOCUMENT NAME: )..( U ~L.\<.l;" C, Ol\)SrR..Uc..TI ON ~. A s So oc. ; A" e: s
DOCUMENT TYPE: A') (tEE.M ~T
YEAR: ;;200Y
BOX NUMBER: ~ S-
FILE NUMBER: llJ lo;;2 S-
NUMBER OF PAGES:
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STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
FOR 20 WEST COMMERCE PARK, PHASE 1
(Utility Water)
THIS AGREEMENT, entered into this ~day of , 2004, by and between
the Kuhlke Construction & Associates, Inc. hereinafter referred to as the "DEVELOPER", and
AUGUST A, 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 ofthe Superior Court of
Richmond County, Georgia, in Realty Reel 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, 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 ofthe Clerk ofthe
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 ofthe
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.
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(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 ofthis 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:
4'cIL- ~-
Witnes -
Kuhke Construction
20 West Comme c
Inc.
Notary Public
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My Co County, Georgia
ExpIres Sept 10, 2007
My Commission Expires
Accepted By:
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STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
'-
THIS AGREEMENT, entered into this day of
by and between D.R.D. Development
hereinafter referred to as "Developer," and AUGUSTA, GEORGIA, a
poli tical subdivision of the State of Georgia, acting by and
through its Commission, hereinafter referred to as "Augusta."
WHEREAS, the Developer requested that the Augusta,
Georgia, Commission accept certain roads, storm drains and
appurtenances for 20 West Commerce Park , 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 , 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, 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) The City accepts the roads and appurtenances,
respectfully described in the deed contemporaneously tendered
herewith to the 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.
(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,
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, 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
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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.
BY: ~1f*S.J
AS ITS: David R. Darby
Owner
AUGUSTA, GEORGIA
COMMISSION
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(L.S.)
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Book 00977: 1546 August~ - Richmond County
200500776202128/2005 15:51 :46.01
$0.00 WARRANTY DEED
IIIIIIIII~IIIIIIIII~ IIIIIIIIIII~II ~IIIIIIIIIIIIIIIIIIIII
2005007762 Augusta - Richmond County
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RETURN TO:
Stephen E. Shepard
701 Greene Street, Suite 104
Augusta, Georgia 30901
WARRANTY DEED OF DEDICATION
{)/A ~ ~r
TIDS INDENTURE, made and entered into thi~ day of. ,200 , between
Patricia F. Wilmot, RC Rentals, LLC and DRD Development, LLC, COl~elY cal ed parties of
the first part, which expression shall include the plural as well as the singular, and heirs, legal
representatives, successors and assigns, where the context so requires or admits and Richmond
County, Georgia, a political subdivision of the State of Georgia, called party of the second part,
which expression shall include the plural as well as the singular, and heirs, legal representatives,
successors and assigns, where the context so requires or admits.
WITNESSETH:
That the said party of the first part for and in consideration of the sum of Ten & 00/100 Dollars
($10.00) and other good and valuable consideration, in hand well and truly paid by the said party of
the second part, the receipt and adequacy of which are hereby acknowledged, has bargained, granted,
sold, aliened, conveyed, and confirmed, and by these presents does bargain, grant sell, alien, convey
and confirm unto the said party of the second part, the property hereinafter described, to-wit:
AU those tracts or parcels ofland situate, lying and being in Richmond County,
Georgia on the west side of Flowing Wells Road shown and designated as
"Benchmark Drive 60' R/W on a plat of 20 West Commerce Park, prepared by
W.R. Toole Engineers, Inc., on March 28, 2003, last revised on December 11,
2003, which is recorded in the office of the Clerk of the Superior Court of
Richmond County, Georgia in Realty Reel 902, Page 975, (the "Plat").
ALSO, a permanent non-exclusive easement for the installation, maintenance, repair and operation of
facilities, machinery and equipment to provide utility services including, but not limited to, water,
sanitary sewer and storm water drainage over land 20 feet in width being located 10 feet on either side
of all utility lines, pipes or swales as shown on the Plat or as they actually are constructed on the
ground for the purpose of providing such utility services.
ALSO, a permanent non-exclusive easement for the installation, maintenance, repair and operation of
facilities, machinery and equipment to provide utility services including, but not limited to, water,
sanitary sewer and storm water drainage over land 5 feet in width located along and inside of each side
property line and 1 0 feet in width located along and inside each rear property line oflots 5, 6 & 7 as
shown on the Plat; for lot 1 there shall be a 5 foot easement across back; for lots 2, 3 & 4 there shall be
a 30 foot drainage easement across back and lot 5 shall have a 35 foot drainage and utility easement
along the west side; unless an easement of different dimensions is shown on the plat in which case the
dimensions shown on the Plat shall control.
ALSO, a permanent non-exclusive easement for stormwater detention over Detention Pond.
No use shall be made of the land covered by the easements granted herein which would unreasonably
restrict Richmond County's rights to use these easements and any damages or additional costs resulting
to Richmond County as a result of alternative uses of such land shall be the responsibility of and paid
for by the owner of the fee simple title to the land covered by such easements. Under each of these
easements, Richmond County shall have the right to trim or remove trees, shrubs, bushes and other
vegetation or ground cover as necessary to install, maintain, repair and operate the utility facilities
located therein.
In accepting the easements granted hereby, Richmond County shall not be deemed to be and shall not
be obligated to maintain swales, natural streambeds or creeks-through which storm water drains, the
maintenance of which shall be the responsibility ofthe owner offee simple title to the land covered by
such easement.
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Book 00977:1547 Augusta - Richmond County
2005007762 02/28/2005 15:51 :46.01
The Plat is incorporated herein by reference for a more complete description of the metes, bounds,
courses, distances and location of all land and easements over land described herein.
The property conveyed hereby includes all pipes, lines, manholes, pumps, lift stations and any other
machinery, equipment or apparatus located in or on the land conveyed or the land subject to the
easements granted which are used in providing water, sanitary sewer or storm water drainage.
Together with all and singular the rights, ways, easements, members, privileges and appurtenances to
the said property, being, belonging, or in anyway appertaining, and the rents, reversions, issues and
profits thereof and of every part thereof.
To Have and To Hold said property, and all and singular said rights and privileges, unto the said party
of the second part, in fee simple or easement as set forth above forever.
And the said party of the first part shall and will warrant and forever defend by virtue of these
presents, the said bargained premises unto the said party of the second part against said party of the
first part, and all and every other person or persons.
IN WITNESS WHEREOF, the said party of the first part has executed this warranty deed
under seal the day and year first above written.
SWORN TO AND SUBSCRIBED before me this"",p day orJ~
, 2004.
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Patricia F. Wilmot (Seal)
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RC Rentals, LLC
By:
Its Manager
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DRD Development, LLC
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Book 00977: 1548 Augusta - Richmond County
2005007762 02/28/2005 15:51 :46.01
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Acceptance Bv Richmond Countvtr~
~; L~ - Richmond County, Georgia, hereby accepts the foregoing deed of rights-of-way and utility
ff'-l. easements and incorporates said rights-of-way and the roads constructed thereon into the
public road system of Richmond County, Georgia and said utility easements into the public
water, sanitary sewer or stormwater drainage systems of Richmond County, Georgia as the
case may be.
IrrM ~ ,1R~5
Dated this ~ day of
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Richmond County, Georgia
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SUBDIVISION: 20 West Commercial Park
RESOLUTION ADDING ROAD TO THE
AUGUST A-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Benchmark Drive is an existing road in Richmond County, Georgia, open
to public usage; and
WHEREAS, Richmond County desires to make Benchmark 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 Benchmark Dlive 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 Flowing Wells Road
Extending approx. 1,020' W & NW
to and including cul-de-sac
Length of road to nearest 11100th mile:
....,-,'
(b)
0.19 mile
(c) Width & type of road surface:
Type E asphalt
(d) Right-of-Way:
60 foot
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Attest~~ '
CLERK OF COMMISSION
The Augusta-Richmond County Commission-Council is hereby directed to forward a
certified copy of this resolution to: Georgia Department of TranspOliation, Road Inventory Section
District 2, Post Office Box 8, Tennille, Georgia 31089.
Adopted this -/if!!- day of ~JJ1f ,20 tJS
AU:GqSt-A-RlC~OND COUNTY
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Book 00977:1542 Augusta - Rich~ond County
2005007761 02128/2005 15:51 :4600
$0.00 WARRANTY DEED .
1llIlllllllllIllllIlllllllllm~ om III~ 111111111111111111
2005007761 Augusta - Richmond County
RETURN TO:
Stephen E. Shepard
701 Greene Street, Suite 104
Augusta, Georgia 30901
STATE OF GEORGIA ) DEED OF DEDICATION (UTILITY)
COUNTY OF RICHMOND ) FOR 20 WEST COMMER~ PARK, PHASE 1 ~
TmS INDENTURE, made and entered into this fJu day of , ZOO;?
between the Kuhlke Construction and Associates, 20 West Commerce Park, Phase 1
hereinafter 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;
WITNESSETH:
THAT the said Party of the First Part, for and in consideration of the sum ofTen Dollar
and no/l 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 PERPETIDTY 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 20 West Commerce Park, Phase 1 by W. R. Toole
Engineers, Inc., dated Rev. January 18,2004 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;"
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Book 00977: 1543 Augusta - Richmond County
2005007761 02/28/2005 15:51.:46.00
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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 said property.
THE PARTY OF THE FIRST PART, his heirs, legal representatives, and assigns, after the
completion ofthe 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 ofthe 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.
WHENEVER there shall be more than one grantor, the phrase "Party of the First Part" and
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Book 00977: 1544 Augusta - Richmond County ~,
2005007761 02/28/2005 15:51 :46.00
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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 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:
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By:
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