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 \
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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.
"
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(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)
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By : , ~r1J.-/ --< .:7
Connie Force
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Accepted By:
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(
Book 00973:1216 Augusta - Richmond County '.
2005004120 01/31/2005 13:37:56.00
STATE OF GEORGIA
)
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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
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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.
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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:
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l-r::jX!J~ ,,'COUi'l/, Georgia
CommissiorJ{,expi~es::,::~~>' df ;;;..::rj 0&
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Filed in this office:
Augusta - Richmond County
01/31/200513:37:56.00
Elaine C. Johnson
Clerk of Superior Court
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STATE OF GEORGIA
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(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.
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(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
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as the Mayor
(L.S)
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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:
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AUGUST A-RICHMOND COUNTY
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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
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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
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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~
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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&
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Book 00973:1213 Augusta - Richmond County
200500411901/31/2005 13:37:55,06
$0,00 QUITCLAIM DEED
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2005004119 Augusta - Richmond County
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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.
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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
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Nota"-~Rublic --::.; G'- ""...tjft 0 I
My cori?tWssion.l;xp[r~,"~' 6l,~.?. 0 ~
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By:
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Attest:
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Filed in this office:
Augusta - Richmond County
01/31/2005 13:37:55.06
"..---Elaine C-:-Jolinson -.
Clerk of Superior Court
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