HomeMy WebLinkAboutAsbury Hill
Augusta Richmond GA
DOCUMENT NAME: As 'oJ'{ t) ~ \ \
DOCUMENTTYPE:l1eer)
YEAR: qq
BOX NUMBER: ~
FILE NUMBER: \L\4U2 \
NUMBER OF PAGES: \ La
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RETURN TO:
Jim Wall
454 Greene
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.rJiCJ~jJONl) cor}Nrl~ GZOR(JIA
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99 OCT 13 PN 4: 32
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ELAINE C. JOHNSQf'J
SL[HK OF SUPER!()f~ COURT
REEL 662 PAGE 603
STATE OF GEORGIA )
)
COUNTY OF RICHMOND )
DEED OF DEDICATION
(for Streets and Storm Drainage)
WHEREAS, Home Sites, Ltd., a limited partnership, organized and existing under the laws of the State of
Georgia and County of Richmond owns a tract ofland in Richmond County, Georgia known as Asbury Hill,
Section I-B 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, and;
WHEREAS, it is the desire of Home Sites, Ltd., to deed the storm drainage system, water distribution
system, road and street system, 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 Asbury Hill, Section I-B has been prepared by Southern Partners, Inc., dated 12-29-
98, revised 2-3-99, and said plat has been recorded in the Office of the Clerk of the Superior Court of Richmond
County, Georgia in Realty Reel (,1/,., 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 storm drainage system, water distribution system, and road and street system.
NOW THEREFORE, this indenture made this '7~ay of~ ; 1999 between Home Sites, Ltd.
hereinafter referred to as the part of the first part and Augusta, Georgia, a I!olit~cal subdivision, by and through its
Commission, hereinafter referred to as the part of the Second part, OR IloJ I NAL REEL RECORDED
REEL 662 PAGE 603
WI1NESSETH WP IO: 414989
That the party of the first part for and in consideration of the sum of Ten and 00/100 ($10.00) Dollars, to i.t
in hand well and truly paid by the party of the second part 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 storm drainage system, water distribution system, road and street system, by the party of the
second part, has and does by these presents, grant, bargain, sell and confrrm unto the said party of the second part,
its successors and assigns, the following, to wit:
'f
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, as the same are now located and existing in Asbury Hill Subdivision,
Section I-B, as shown on a plat of said subdivision, which plat was prepared by Southern Partners, Inc. and which
plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel ~
Pages J.1E!l
Together with all of the necessary rights of ingress and egress for the purpose of maintaining the described
storm drainage system, water distribution system, road and street system. This deed is subject to any utility
,
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REEL 662 PAGE 604
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 storm
drainage system, the road and street system, herein conveyed for the purpose of the maintenance and installation of
power 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,
together with all and singular, the rights, members, appurtenances thereof to the same being, belonging, or in any
wise appertaining to the only proper successors and assigns forever in fee simple.
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 part of the first party of the first part has caused its general partner to
execute these presence on the day and year first above written.
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As Its General Partner
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ti:l'.< ~ptarY;Pub1ic"~':;':'NOTARY PUBLIC,
~: ~ ;, .' 'is -1) C: "'.>11GHMOND COUNTY GEORGIA
:: O' .( ~ e~ .=7"~ '~('.MY. COMMISSION EXPIRES
c: ..:. -I.r- t' ~ of;h'.:: AUGUST20,2002
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'. .^, PI:ep'ated!By:'
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. ~mjam'R. Coleman, Jr.
P.O. Box 679
Evans, Georgia 30809
RICHMOND COUNTYJGA SUPERIOR COURT
FILED 13 OCT 1999 AT 04:32PM
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RETURN TO:
.JIM WALL
454 Greene St.
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REEL 662 PAGE 605
990C1 \ 3 P\'\ 4~ 32
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STATE OF GEORGIA )
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COUNTY OF RICHMOND )
ORIGINAL REEL RECORDED
REEL 662 PAGE 605
MAINTENANCi!PA~~ENT
(for Streets and Storm Drainage)
THIS AGREEMENT, entered into this ,]" '-day of 'Sep't: :'_., 1999, by and between the HOME
SITES, L TD.~ hereinafter referred to as the "Developer", and AUGUST A, GEORGIA, a political
subdivision of the State of Georgia, acting by and through its Commission, hereinafter referred to as the
" Augusta, Georgia. "
WHEREAS, the Developer requested that the Augusta, Georgia Commission accept certain
roads, storm drains and appurtenances for Asbury Hill subdivision, Section 1-B,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 . 1/ G;:? Page &IJ.:J - ~t7 j/; and
WHEREAS, the Augusta, Georgia has adopted a policy requiring the Developer to maintain all
installations laid or installed in the subdivision for a period of twelve months, which Augusta 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) Augusta, Georgia accepts the roads, storm drains, and appurtenances respectively described
in the deed contemporaneously tendered herewith to the Augusta, Georgia Commission, recorded in the
offi,~e of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel ~ti.::? Page
W3- kIJY.
(2) The Developer agrees to maintain all the installations laid or installed in said subdivision as
described in said deed for a period of twelve months from the date herein.
(3) The Developer agrees that, if during said twelve 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 Augusta, Georgia 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
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REEL 66'- I'N
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determined by Augusta, Georgia.
(5) If, in the event of an emergency, as determined by Augusta, Georgia the Developer is
unable to respond in a timely manner, Augusta, Georgia 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 Augusta,
Georgia shall proceed to have the necessary corrective work done, and the Developer agrees to be
responsible to Augusta, Georgia 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
Augusta-Richmond County 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.
HO~~/
By. ~AU L. S.
Otis e owell
As Its General Partner
Expires
NOTARY PUBLIC,
RICHMOND COUNTY GEORGIA
MY COMMISSION EXPIRES
AU~Ue'f 20, 2002
Accepted
Augusta,
L. S.
~~BY:
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APPROVED FINAL pur
(Not Valid until signed)
Augusto-Richmond County, Georgia
Commission - Council
REEL 662 PAGE GO?
AiIIBIUl?~ ItillLIL
SECTION 1-8
ILCCA TIClN MAP
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GENERAL NOTES:
,. 14 REBARS SET AT AlL PROPERTY CCRIIERS UNLESS
OTIIERVtfSE SHOHN.
2. AlL LOTS SERICO Br INOlllOUAJ. SEPne TANK.
J. A 5' EASEI/ENT ALONG SIDE LOT liNES AND AID'
EASEl/ENT ALONG ALL REAR LOT liNES IS RESERVW
FOIl DRAINAGE AND UTIliTIES, UNLESS OTIIERVtfSE SHOII/I.
" 4. A 20' EASEI/ENT IS RESERVED Om? EACH STOIII/
\,'..., DRAINAGE LINE (10' EACH SIDE fF TIlE CENTrRUNE
AS BUlL T)
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According to the notIonal
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APPROVED I'lNAL pur
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Augusto-Richmond County Planning Commission
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lINEAR ClOSURE: ~
ANGULAR CLOSURE: ~
AD.AJSTMENT: COMPASS RUt r
PLAT ClOSURE: ~:
EQUIPMENT: TOPCON GTS l-R
GRAPHIC SCALE
PROJECT
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Dole Approved: _______________
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TOTAl ACRES
TOTAl NO. Of LOTS
AVG. LOT SIZE
ZONING
100 0 50 100
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200
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RECORD
PLA T PREPARED FOR:
DESCRIPTION:
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R-1B
HOME SITES. L TO. (DEVELOPER)
(706)855-1099 610 INoUSlRlAL PARK BLVD. AUGUSTA. GEORGIA 30609
PROPERTY LOCATED WEST OF AUGUSTA
AUGUSTA - RICHMOND, COUNTY GEORGIA
Southern Partners, Inc.
ENGINEERS - SURVEYORS - PLANNERS
1233 AUGUSTA WEST PARKWAY AUGUSTA, GEORGIA 30909 (706) 855-6000
SCALE: 1. = 100'
DATE: 12-29-96
REV. D.~TE: 2-3-99
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SP No 20.1.14
RECPlA T ,/ 20JJ4RP.Oi\C
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RETURN TO:
Jim Wall
454 Greene
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99 OCT 13 Pr'l 4: 33
REEL 662 PAGE 608
EL!\INL C. .JCiH~'iSON
;~LEi(K rF ;:,Ui''EfWJf\ COUI\[
ORIGINAL REEL RECORDED
REEL 662 PAGE 608
l.JIP 10: 414991
STATE OF GEORGIA ) DEED OF DEDICATION
COUNTY OF RICHMOND) FOR ASBURY HILL SECTION I-B (For Utility- Water)
THIS INDENTURE, made and entered into this 7 day of Sept ember 1999.,
between the Home Sites, Ltd. 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:
THA T 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 unto
the said Party of the Second Part, its successors and assigns the following described property,
to- wi t:
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 a plat prepared for Home Sites Ltd.~ Asbury Hill Section I-B by
Southern Partners~ Inc. dated December 29~ 1998 revised February 3, 1999 to 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;"
1
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REEL 662 PAGE 609
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 pem1anent 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.
WHENEVER there shall be more than one grantor, the phrase "Party of the First Partn and
2
-4' . '-- .....
REEL 662.PAGE 610
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 present
Otiscrowe~
Asbury Hill Sect' - -
By:~
Otis Crowell
~~
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gfl~.'%iyrC0riuhfs~i'on Expires NOTARY PUBLIC,
.' ...~. .~~. ~. ::::: : RICHMOND COUNTY GEORGIA
~ ~~ '. ,~iI";''';'':i "'t~'; .' MY COMMISSION EXPIRES
:1 :,;;, .....;.:.:" ' ...... .... AUGUST 20,2002
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Attest:
As Its:
Accepted by:
AUGUSTA, GEORG
COMMISSION/CO
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REEL 662 PAGE 611
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AillBllJlQ~ ItilllllL
SECTION 1-8
FD<r CUItOro:w H/Qf"",,-
LOCA TIClINI MAP
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GENERAL NOlES:
I. J4 REBMS SET AT All PROPERTY CORNERS UNLESS
OTJ/ERIHSE SHOHT-!,
2. AlL lOTS SERICD BY INOII1OUAL SEpnC TANK.
J. A 5' EASEI/ENT ALONG SI[)( LOT UNES AND Ala'
EASEMENT AlONG AlL NEAR LOT LINES IS NESERVfD
FOIl ORAINAGE ANa ununfS, UNLESS OTJ/ERlI1SE SHOKN.
'. 4. A 20' EASEI/ENT IS RESER\CO OIU! EACH STOIII/
'\:', ORAlNAGE LINE (10' EACH SlOE IF /liE CENTERliNE
AS BUILT)
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According to the notlOl\oI
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(Not Yalid until signed)
Augusto-Richmond County, Georgia
CommiS3ion - Council
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ADJlJSTl.CENT: COMPASS RUI F
PLAT CLOSURE: "/80-4664 SB'
EQUIPMENT: IOPCON r:rc;. '-A
Dole Approved:_______
Choirperson MOjOr
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PROJECT DATA
GRAPHIC SCALE TOTAL ACRES 4.71 AC
200
-j TOTAl NO. OF LOTS 11
A VG. lOT SIZE 90 X 180
A.ugusto-Richmond County Planning Commission
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Dote Appro\led: __________________
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RECORD
PLA T PREPARED FOR:
DESCRIPTION:
HOME SITES. L TO. (DEVELOPER)
(706)855-1099 610 INDUSTRIAL PARK BLVD. AUGUSTA. GEORGIA 30809
PROPERTY LOCATED WEST OF AUGUSTA
AUGUSTA - RICHMOND, COUNTY GEORGIA
SOU ern Partners, Inc.
ENGINEERS - SURVEYORS - PLANNERS
123' AUGUSTA WEST PARKWAY AUGUSTA, GEORGIA .lO909 (106) 855-6000
SP 110. 20334
RECPlA.l / 20JJ4RP.OY<<;
SCALE: l' = 100'
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DA TE: 12- 29- 98
REV. fl.~ TE: 2- 3- 99
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RETURN TO:
Jim Wall
454 Greene
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REEL 662 PAGE 614
990C1 \ 3 Pti 4: 33
~,,- (' lOHNSON
~LA\; ~~'.c/I;'[\'\OR COUH1
;,LEH\'\ Or J\. \ .\
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
ORIGINAL REEL RECORDED
REEL 662 PAGE 614
ASBU~PH~L~l~~TION I-B
(Utility Water)
THIS AGREEMENT, entered into this 7 day of -.September , 1991, by and
between the Home Sites, Ltd. (Otis Crowell) hereinafter referred to as the "DEVILLOPER", and
A UGUST A, GEORGIA, a politic,lI subdivision of the State of Georgia, hereinafter referred to as the
"CITY. "
'YHEREAS, 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 t?U;? Page~{9!' r; / / ; 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 twelve months, which the CITY accepts by
deed;
NO'Y, THEREFORE, in consideration of the premises, the expense previously incurred by the
DEVELOPER and the mutual agreement hereinafter set out, IT IS AGREED that:
(I) 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 f/ f/ ~ Page U&t? - ~ / / .
(2) The DEVELOPER agrees to maintain all the installations laid or installed 111 said
subdivision as described in said deed for a period of twelve 1110nths from the date herein.
(3) The DEVELOPER agrees that, if during said twelve 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,
JO.
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REEL 662 PAGE 615
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 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 of this agreement by and through its duly authorized officers
and agents, with its seal affixed, the day and year first above written.
.. ~FND DELIVERED DEVELO:ER in onr pre
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NOTARY PUBLIC,
RIC~MONn ~nlIIllTY GEORGIA
MY COMMISSION EXPIRES
AUGUST 20, 2002
Accepted BY:~
City of Au a 0
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. ~~EEL 662 PAGE 616
GENERAL NOlES:
t. /4 REBARS SET AT AlL PROPERTY CORNERS UNLESS
OTHERIlfSE SHOKN.
2. AlL LOTS SERICO BY INOlllDUAL SEPnC TANK.
J. A 5' EASEMENT ALONG SlOE LOT LINES ANa A 10'
EASEl/ENT ALONG AlL REAR LOT LINES IS RESERICO
FOR DRAINAGE ANa unLlnE!>, UNLESS OTHERIlfSf SHOKII,
A 20' EASEMENT IS RESERICO OleR EACH STORM
DRAINAGE LINE (10' EACH SlOE OF THE CENTERLINE
. AS BUILT)
A'IIBIUIQ~ 1IlIILIL
SECTION 1-8
LOCATION MAP
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NOTE:
According to the notional
Rood InsuranclI program
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located in (I desiqnotod
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APPROVED FINAL PLAr
Augusto-Richmond County, Georgia
Commission - Council
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ChaIrperson Mayor
Dole Approvcd:_______
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Clerk-Commission - Council
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ADJUST\!ENT: COMPASS RUl F
PLAT ClOSURE: 1"60466488'
EQUIPlr.lEN1: TOPCON r:IS 1-A
(Not Volid until 3rgned)
APPROVED FINAL PLAr
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Augusto-Richmond County Plonnlng Commrssion
GRAPHIC SCALE
PROJECT
TOTAl ACRES
TOTAl NO. OF LOTS
Ave. LOT SlZ~
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Dote Approved: _________________.
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Secretory
RECORD
PLA T PREPARED FOR:
DESCRIPTION:
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( IN FEET )
inch = 100 fL
ZONING
HOME SITES. L TO. (DEVELOPER)
(706)855-1099 610 INDUSTRIAL PARK BLVD. AUGUSTA. GEORGIA 30809
OAT A
4.71 AC
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90 X 180
R-1B
SCALE: I" = 1 DO'
DATE: 12-29-98
REV. ~~TE: 2-'&.-99
SP No. 20JJ4
RECPLA. T I 20JJ4RP.Dv.c
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