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HomeMy WebLinkAboutMaintainance Agreement for Elderberry Augusta Richmond GA DOCUMENT NAME: (Yl A IN r GOq\I A 1\Jc.l5" R'j ee;G/n EQ'.rr ~o It. e L bEl{ B E-R- R ~ DOCUMENT TYPE: A ~ R G~ l1) E::.N , YEAR: d.-DDS- BOX NUMBER: 0< Y FILE NUMBER: 1'7 5lo;)' NUMBER OF PAGES: d \ '- -;: STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT FOR ELDERBERRY (FORMERLY KNOWN AS ELDERS RIDGE) (Utility Water and Sewer) S' THIS AGREEMENT, entered into this . C; day of ~ ,200..( by and between the C & L Development., Elderberry SID (formerlv known at Elders Ride:e) 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 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 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 workmanship, the DEVELOPER shall be responsible for adequate maintenance and repair. " .. ;- (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 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: Elderberry SiD C & L Development (formerly know as Elders Ridge) ~ G-) By : , ~r1J.-/ --< .:7 Connie Force Witn,e.s~ /Ik~ /~,'-~' - ~Jady,<:;rJJu,hu,u ~i,pubIic",:,..: ,'> ~.;:j/ --- -< ~/' oJ;;" My Commission Expires q/;;.~/or; , I Accepted By: ::;r~ .'Il.".~...._ ___ ..I<,~' '~mi i'~~8~8r '. 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'. ,4' .~..~ . , '~ <0 ( Book 00973:1216 Augusta - Richmond County '. 2005004120 01/31/2005 13:37:56.00 STATE OF GEORGIA ) ) ) DEED OF DEDICATION (Roads and Storm Drainage) RICHMOND COUNTY WHEREAS, C & L Development owns a tract of land in Richmond County, Georgia known as Elderberry (formerly known as Elders Ridge) and in the building of a housing subdivision on said tract, it has laid out a storm drainage system, water distribution system, road and street system, sanitary sewerage system, and retention area; and, WHEREAS, it is the desire of C & L Development to deed the closed (piped) storm water system, water distribution system, road and street system, sanitary sewerage system, and retention area to Augusta, Georgia, a political subdivision of the State of Georgia acting by and through its Commission for maintenance and control; and WHEREAS, a plat of Elderberry (formerly known as Elders Ridge) has been prepared by James G. Swift & Associates, dated November 21,2003 and said plat has been recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Reel , pages ; and to which reference is hereby made 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 closed (piped) storm water system, water distribution system, road and street system, sanitary sewerage system, and retention area. 0kJ:::b NOW, THEREFORE, this indenture made this LI day o~ ,~between C & L Development, hereinafter referred to 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 party, WITNESSETH That the party of the first part for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, to it in hand well and truly paid by the said party the second part at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged and for -1- ,.-- "\ i' .. -. .. . ~ L<' /~ ~ Book 00973:1217 Augusta - Richmond County 200500412001/31/2005 13:37:56.00 ;: the fu rther consideration of the benefits to its property by the maintenance of said closed (piped) storm water system, water distribution system, road and street system, sanitary sewerage system, and retention area, 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, road and street system, sanitary sewerage system, and retention area as the same are now located and existing in Elderberry (formerly known as Elders Ridge), as shown on a plat of said subdivision, which plat was prepared by James G. Swift & Associates and which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Reel_, Pages Together with all of the necessary rights of ingress and egress for the purpose of maintaining the described closed (piped) storm water system, water distribution system, road and street system, sanitary sewerage system, and retention area. 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 of electricity which has been granted in the past and the Grantor herein reserves an easement over the closed (piped) storm water system, water distribution system, road and street system, sanitary sewerage system, and retention area, as shown on aforementioned plat by James G. Swift & Associates, 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, road and street system, sanitary sewerage system, and retention area together with all and singular, the rights, members, appurtenances thereto 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. -2- " "\ .. ,.r " . 1 , . . ~. Book 00973: 1218 Augusta - Richmond County 200500412001/31/2005 13:37:56.00 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, the party of the first part has hereunto sets its hand and affixed its seal the day and year first above written. Signed, sealed and delivered in the presence of: C & L Development .0 . I C-;-; by: ~ ~ 0 Connie Force as its: ,,\\" ~,' III ~~t,'....iJJt "'~' . : '. ", ~"! ,_ _ J..... ." ...~ .;,V . . ". ~ " '~>. c, . :.:to ..;i ... ./' '" t ....... -. ~..I. -".~..- c' -:. ..~-.',.,\ - 3!\~'. ....". 'liL,d " -11: ' 1"':, ' ~.:::~ ,.' " Gt..U ....... .. - ,. 1).. . -.' ~ ." '.' ~ No~Riiftt!bkCf&.'(-:' /,:;/~' l-r::jX!J~ ,,'COUi'l/, Georgia CommissiorJ{,expi~es::,::~~>' df ;;;..::rj 0& "'.','1J~;i,\\'''.~\\'\' . , ." '\ Filed in this office: Augusta - Richmond County 01/31/200513:37:56.00 Elaine C. Johnson Clerk of Superior Court ~-------..." r -3- ~ ,,;. ~ , , . -. -:. ~ '[ , ' ...../; , ....- :. J, J ~'. , - '\ ..r..... ..... '....-_.. -;......... /' " -- ~, '~:, ;.. ... ';.?... -- .....,,~ ::"..; '-~ ..% ~I.-- " STATE OF GEORGIA ) ) ) (Roads & Storm Drainage) MAINTENANCE AGREEMENT RICHMOND COUNTY s-- THIS AGREEMENT, entered into this 4f day of ~ , '"WQ3 by and between C & L Development, hereinafter referred to as "Deve1'6per", and Augusta, 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 the Augusta, Georgia Commission accept certain roads, storm drains, retention area, and appurtenances in Elderberry (formerly known as Elders Ridge), as shown on a plat prepared by James G. Swift & Associates, dated November 21,2003 and which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Reel , Page 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, storm drains, retention area, and appurtenances, respectfully described in the "Deed of Dedication" contemporaneously tendered herewith to Augusta, Georgia Commission, which deed is recorded in the Office of the Clerk of 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, 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. -1- ,... ~, '?~, ""-r :,,i (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 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. C & L Development ~~ by: . ~ (L.S.) as its: Augusta, Georgia Commission j6~: ~~ as the Mayor (L.S) > .... ~ . ... .'.. .i): -._:t:.:,<:~ -2- SUBDIVISION: ELDERBERRY (f/k/a Elders Ridge) RESOLUTION ADDING ROAD TO THE AUGUST A-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Wirt Court is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Richmond County desires to make Wirt Court a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission-Council of Richmond County, Georgia, that Wirt Court 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 Regans Lane Extending approx. 400' NW to & including cul-de-sac (b) Length of road to nearest 11100th mile: 0.08 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. A~o~:edJhis!l!'i1-daYOf ~'20 ~5. Attest: : rot ;;:;""G-;. '.:. ~ ~ ~ ~~OO ~/ .,,"'_d ,-,~;~.!:;.~:::::'::;:;:j::::;:'~<c..;:: ~ ~~ /""; ---. ~ ~ ~ ~....~~~ . ~ .~~-~~: ~~:~. ..,..... . . -- ...- - ~'<o - . h -- ~ AUGUST A-RICHMOND COUNTY -:- ~ CO~ k--BY 1~ Mayor 'E: SUBDIVISION: ELDERBERRY (flk/a Elders Ridge) RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Logan's Way is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Richmond County desires to make Logan's Way a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission-Council of Richmond County, Georgia, that Logan's Way 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 Wirt Court Extending approx. 505' NE & E to eastern property line of Lot 4, Blk C (b) Length of road to nearest 1/100th mile: 0.1 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. ,Adopt;? this ~ day of ~ ,20 ()5 _;0~~~ " ~~' ," "'~ --''''''':''''-'',,> {?~!~ ", . - ~~~:it~:7 Mayor SUBDIVISION: ELDERBERRY (flk/a Elders Ridge) RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Regans Lane is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Richmond County desires to make Regans Lane a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission-Council of Richmond County, Georgia, that Regans Lane 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 Elders Drive Extending 510' NE to E property line of Lot 41, Blk C (b) Length of road to nearest 1/100th mile: 0.1 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, Termille, Georgia 31089. .. ..~dO~~~ti~ i:Y!2 day of ~ 20~ -; --v~ ~ O"O'=';3 ;~....~~oo ,,.;.~b~,=.. ~ ,~/~~ -, "'~ i? ?;Ydf~..- _.. t'1. 'll~ i-' ;;-~ . < ,.,.-;~.. ..,-~., AUGUSTA-RICHMOND COUNTY 4 f?~~. Mayor SUBDNISION: ELDERBERRY (1lkIa Elders Ridge) RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Elders Drive is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Richmond County desires to make Elders 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 Elders 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 Harper Franklin Lane Extending approx. 1,250' SE to 133' SE ofRegans Lane (b) Length of road to nearest 1I100th mile: 0.24 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 fuventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. ,~dO~~dothlS ~ day Of~, 20 D& j~:;' ~ "C:>'~.~"~, o / c(<..... <3 "" c " .' "~~~~~""'t>.o"'",,,,,,,~, ' AUGUSTA-RICHMOND COUNTY -:"' ~,$---', ... '- " ",'~,; '':''J<,-~1~; ~,~ '. ",,..>. ;:$ ,ir' ~ ...~. ~F> _~ J :~.~":. I:" :i-!::. ,~ h"-3 .;.:;.." "~I'" "'n --"'I, ~ "..c:;.' , . ..::::" ~ \ ~:~/.=:. f: ' c..:.. ~ ? ~ CO~O~~ Q~y: ~ P Mayor ~ '1 '-' ~ (' '\ Book 00973:1213 Augusta - Richmond County 200500411901/31/2005 13:37:55,06 $0,00 QUITCLAIM DEED '>-niiflirIUiimii'l~ ifliiiiiiiiiID1IUIliUliiiiiillillli - > 2005004119 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 ELERBERRY (formerly known as Elders Ridge) THIS INDENTURE, made and entered into this .lJibday o~ ~ ~between C & L Development, 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 of Ten Dollar and no/100 ($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 of land, together with the pipelines and appurtenances located therein, which are delineated on an as- built plat prepared for Elderberry (formerly known as Elders Ridqe) by James G. Swift & Associates. dated December 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 of laying, relaying, installing, extending, operating, repairing, and maintaining pipelines transporting and carrying utility services, the same hereinafter being referred to as the "PROJECT;" 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. ,r---' --., ',4 .' ~. ~.. Book 00973:1214 Augusta - Richmond County , 200500411901/31/2005 13:37:55.06 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. 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 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: C & L Development Elderberry ID (Formerly know as Elders Ridge) ~ Connie Force . . ~...... '""., ~ . -,"" \..-,' ~ ,.' ". "~;.- <c:. ' .. ('; ,- :1A"', . . .. ~ r~ 't - . ~ -- '. , . In' $S;'",' '1\ '/ ), j-., ",'::/', .: f \"J\..-'"' w""'"1ryr~'''' I: ~,.~ ~ rtea1-W~F , _," ,'" ' Nota"-~Rublic --::.; G'- ""...tjft 0 I My cori?tWssion.l;xp[r~,"~' 6l,~.?. 0 ~ ., /'1 [i" .. ........ t . / { I" '- By: ~'2kay Attest: r '\ I 2 Filed in this office: Augusta - Richmond County 01/31/2005 13:37:55.06 "..---Elaine C-:-Jolinson -. Clerk of Superior Court -"', ~ ....; - -" .::._~ ,.,..... " ....- ..., ... ~~ "-o.t.. ..;....... -, _.'1.:- _' ~c;. . ..".-;0. '. .. . ~ ;- , , ~ ;..~. ".. ...... .. -~...- " r ,,__0,. -~ 4. ~, "