HomeMy WebLinkAboutADAMS BROTHERS DEED OF DEDICATION (UTILITIES ONLY-PRIVATE STRESTS) HOPETOWN VILLAS PHASE 11 A r re
A rust Util' ordi ies ret p to' ent
d qui tion Book 01276:1855 Augusta Richmond County
3 0 B y Str et, S ite 80 2010042361 10/05/2010 14:35:17.02
ugu ta, GA 30 1 $0.00 WARRANTY
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2010042361 Augusta - Richmond County
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AUGUSTA LAW DEPARTMENT
501 GREENE STREET, SUITE 302
AUGUSTA, GA 30901 -4415
STATE OF GEORGIA
COUNTY OF RICHMOND
DEED OF DEDICATION
[Utilities only- Private Streets]
HOPETOWN VILLAS, PHASE II
WHEREAS, Adams Brothers Properties, LLC, a South Carolina Limited
Liability Company, and Joseph F. Adams, Jr., individually, _(hereinafter known as
"DEVELOPER ") owns a tract of land in Richmond County, Georgia, known as Hopetown
Villas, Phase II, 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 H.
Lawson Graham and Assoc., Inc., dated January 21, 2010_ said plat being recorded in the Office
of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Book 6, Page 69, and
an Easement Deed executed from Bertram Village Association, Inc. to Joseph F. Addams, Jr.,
dated January 21, 2009, recorded in said Clerk's Office in Realty Reel 1205, Pages 151 -152,
with the referenced plat recorded in said Clerk's Office in Plat Book 5, Page 15, 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.
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Book 01276:1856 Augusta - Richmond County
2010042361 10/05/2010 14:35:17.02
NOW, THEREFORE, this indenture made this (9 day of +` ,
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.