HomeMy WebLinkAboutCypress Pointe Phase 2 Improvement
Augusta Richmond GA
DOCUMENT NAME: Clj\)\ e33 \X)\\l\e \)'\ase.- \ \ \ ~?X-()0emen-r
DOCUMENTTYPE:(\eec)
YEAR: C) \
BOX NUMBER: \ \
FILE NUMBER: \"5\\...-\0
NUMBER OF PAGES:
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGF..5
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WU.LlAM B. KUHLKE, JR.
STEPHEN E. SHEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
P.O. Box2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus. (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: JWAlL@co.RJCHMOND.GA.US
WALTER S. HORNSDY, III
Interim Administrator
WM. "WILLIE" H. MAyS, III
Mayor Pro Tern
January 25, 2001
Ms. Lena Bonner
Clerk of Commission
Municipal Building (11)
530 Greene Street
Augusta, GA 30911
Re: Cypress Pointe Phase II Improvement Proiect
Owner: Eagle Building and Development, Inc.
Dear Lena:
I am enclosing herewith two original Deeds of Dedication (a Utility Deed of
Dedication and a Streets and Storm Drainage Deed of Dedication) with regard to
property owned by Eagle Building and Development, Inc. which was deeded to the
City in connection with the Cypress Pointe Phase 1/ project, and which Deeds were
recorded in Book 713 commencing at page 258. Please retain these recorded
Deeds in the City's permanent records.
With kind regards, I am
HDR:gs
enc.
cc: Mr. James Williamson, Public Works (w/enclosure)
s very truly,
. ~; PLEASE RETURN To:
.' Harry'D. Reyell, Esq.
. '+, t ."'~ Box 2,.125 1 .
. \. .' 454 Greene St.
, Augusta, GA 30903
-------.
Or
,
Book 00713:0258 Augusta - Richmond County
2001001295 01/1612001 '15:43:9201
$0.00 DEED OF GIFT _
? 1I11111 11111 11111 1111111I111111I11111 111111I111 111111\11111I
2001001295 Augusta - Richmond County
- --,
STATE OF GEORGIA ) DEED OF DEDICATION (UTILI'ry)
COUNTY OF RICHMOND) FOR CYPRESS POINTE PHASE TWO
TillS INDENTURE, made and entered into this~ay of ~ 2000, between Eagle
Building and Development, Inc., herein au r ferred to as the Party of the First Part, and the
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-wit:
AN EASEMENT IN PERPETillTY 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 Cypress Pointe Phase Two by Georgia -
Carolina Surveying & Engineering Co., dated May 25, 1999, revised August 23, 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 rec~~d in the office of the Clerk of the
Superior Court of Richmond County, Georgia, in Realty l.p ~ I Paget/P7-lph! D; and
1
.' ~ PLEASE RETURN To:
..' Harry 0, Revell, Esq',
. . \ pO Box 2J25 1 .
. t: ' 454 Greene St.
'," , Augusta, GA 30903
-~--
,
Book 00713:0259 Augusta - Richmond county
2001001295 01/16/2001 15:43:52.01
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.
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.
2
./
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,f. Pl.EASE RETURN To: .
~. Harry D. Re~ell, Esq.
. " \ flO Box ~~25 ~.'
. , ' .' 454 Greene St.
, Augusta, GA 30903
~oo~fg~:~~~ ~~~~~~2~iO~1~1-~5~~nty -~
:43:52.01
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 present
Eagle Building and Development, Inc.
Cypress Pointe Phase Two
Ml-d&L
Witness
BY:~JO ~
James D. 0' eal
President
~~~
~ \Nbtary Public NotaIy PWHc, Cl:t1umbirn County, ~O"~:;:l3
:~:'MyCommi,~s~ph ExpireWJY Ccmmlselcn ~!l-'l!r€$ $ep~ "j2, 2n:D3
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Accepted by:
AUGUST A, GEORGIA
cf
.iIl
Attest:
/' "
3 Filed in this office
Augusta - Richmond County
01/16/2001 1543:5201 "-
/' Elaine C. Johnson
1.
.
, .. ,. -
~.~ . ".... ..
PLEASE RETURN To: .
Harry D. Revell, Esq.
PO'Box 2125
~ 454 Greene St.
Augusta, GA 30903
.
Book 00713:q261 Aug.usta ... Richmond County
200100129601/1612001 15:43:53.00
$0.00 DEED OF GIFT
11~~lm Il~" ~rm ~~Wlllml ~~II ~~WIII~I~ II~m WIW ~1I11~~
2001001296 Augusta - Richmond County
STATE OF GEORGIA )
)
COUNTY OF RICHMOND)
STREETS AND STORM
DRAINAGE
DEED OF DEDICATION FOR
CYPRESS POINTE SUBDIVSION - PHASE TWO
THIS INDENTURE made and entered into this the -2/aday of f(l'Ieh/I.J~~
between Eagle Building and Development, Inc. as party of the First Part; and Augusta, Georgia,
a political subdivision of the State of Georgia, as party of the Second Part;
WITNESSETH:
That the party of the First Part for and in consideration of the sum of TEN AND NO/lOO
($10.00) DOLLARS, the receipt and sufficiency of which are hereby acknowledged, and other
valuable consideration to hereinafter described, has granted, bargained, sold, conveyed, released
and confirmed and by these presents do hereby grant, bargain, sell, release, convey and confirm,
to the party of the Second Part, its successors and assigns, the following described property to-
wit:
All those strips or parcels of land, situate, lying and being in Richmond County,
Georgia, in CYPRESS POINTE SUBDIYISION, being known as Tamarind Way,
Kohosh Court and Lobelia Lane, as more particularly shown and described on a
plat of CYPRESS POINTE SUBDIYISION, Phase Two, prepared by Georgia-
Carolina Surveying & Engineering Company under date of May 25, 1999; said
plat has been recorded in the Office of the Clerk of Superior Court of Richmond
County, Georgia in Realty Reell3l< to { I , at Pages fa /0 7 ~!oI.o~[J
ALSO, both those storm water drainage areas containing .509 and 1.398 acres as
shown on the above mentioned plat.
ALSO, the rights to use in common with the grantors all drainage and utility
easements as shown on the aforesaid recorded plat.
The party of the Second Part, as part of the consideration for this conveyance, accepts this
conveyance of said roadways, easements and storm water drainage areas and agrees to maintain
the same as a part of its road and storm water systems and the acceptance of the delivery of these
presents shall be conclusive evidence of such agreement.
IN WITNESS WHEREOF, the said party of the First Part, Eagle Building and
Development, Inc. has caused this Deed of Dedication to be executed, the day and year first
above written.
.........
~ . .
. ., ~.J .,: '. )'. .
, . '. PLEASe-RETURN4fO:
:; . Har~ D. Revell, Esq.
PO Box 2125
454 Greene St.
Augusta, GA 30903
Book 00713:0262 Augusta - Richmond Coun -
2001001296 01/16/2001 15:43:5\.00
EAGLE BUILDING AND DEYELOPME~T, ~C.
By:
. '
By:
~~-'
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Filed in this office: t
t Richmond Coun Y
Augus a - .
01/16/200115~43~5;3 .00_ .
Elaine C. Johnson
<:-
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l " ~C.CASE REio.JRN To:
~. \ . '
",," . Harry.D. Revell, Esq.
\ '- PO Box 2125
454 Greene St.
Augusta, GA 30903
Book 00713:0255 Augusta - Richmond County
2001001294 01/16f2001 15:43:52.00
$0.00 AGREEMENT
. 1IIIIIIIIIIIIIIilUIIlllllllllllllllllllllllmillllllllllll
2001001294 Augusta - Richmond County
STATE OF GEORGIA) MAINTENANCE AGREEMENT
COUNTY OF RICHMOND) FOR CYPRESS POINTE PHASE TWO
(UTILITY)
THIS AGREEMENT, entered into thiS~y of 1J.Ri._, 2000, by and between ~
Building and Development, Inc., Cypress Pointe Phase Two hereinafter referred to as the
"DEVELOPER", and the AUGUST A, GEORGIA COMII'ilSSIONICO~L, a political subdivision
of the State of Georgia, hereinafter referred to as the "CITY." ~
WHEREAS, the DEVELOPER requested that the Augusta, Georgia Commisso CORBeil
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 ofthe Clerk
ofthe Superior Court of Richmond County, Georgia, in Realty Reel 1 L6 Page ~5&,.. J.bo ; 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 1/3 Page ~S!,.. ~YJ
(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 ~ate 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,
4 t'LEASE tCETURN 10:
.' Harry D. Revell, Esq.
~ ~.. 110 Box 2125 .
C . . , · 4S4'Greene St.
\ Augusta, GA 30903
Book 00713:0256 Augusta - Richmond County
2001001294 01/16/2001 15:43:52.00
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 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:
/af~~
Witness
Eagle Builders and Development, Inc.
Cypress pointe Phase Two
By:
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. Hamy D. Revell, Esq.
PO Box 25
454 Gre e St.
Augusta GA 30903
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SUBDIVISION: Cypress Pointe
Phase II
RESOLUTION ADDING ROAD TO THE
AUGUSTA, GEORGIA ROAD SYSTEM
WHEREAS,
Kohosh Court is an existing road in Richmond
County, Georgia, open to public usagei and
WHEREAS, Augusta, Georgia, desires to make Kohosh Court
a part of its County Road System.
NOW, THEREFORE, BE IT RESOLVED by the Commission of
Augusta, Georgia, that, Kohosh 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 Tamarind Way
Extending approx. 175' NE to and
Including cul-de-sac
(b) Length of road to nearest 1/100th mile:
0.03 mile
(c) Width & type of road surface:
31' from back of curb to back of curbi
asphaltic concrete surface
(d) Right-of-Way:
50 foot
The Augusta, Georgia, Commission 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.
Adopted this ~day of ffOfe=mAEL..
, 20iiJ .
AUGUST
COMMI S
Jlril)y,
Attest,~~lf Mayor
., c
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. P~EASE RETURN To:
H~vY"D. evell, Esq.
PO Box 25
454 Gre e St.
August GA 30903
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SUBDIVISION:
Cypress Pointe
Phase II
RESOLUTION ADDING ROAD TO THE
AUGUSTA, GEORGIA ROAD SYSTEM
WHEREAS,
Tamarind Way is an existing road in Richmond
County, Georgia, open to public usage; and
WHEREAS, Augusta, Georgia, desires to make Tamarind Way
a part of its County Road System.
NOW, THEREFORE, BE IT RESOLVED by the Commission of
Augusta,
Georgia, that Tamarind 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 150'NW of Old Waynesboro Rd.
Extending Approx. 1,650' NW to deadend
(b) Length of road to nearest 1/100th mile:
0.31 mile
(c) Width & type of road surface:
31' from back of curb to back of curb;
asphaltic concrete surface
(d) Right-of-Way:
50 foot
The Augusta, Georgia, Commission 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.
Adopted this ~/s.t- day of [f(rlem~
, 20~
~ BY: \
~. cr Mayor
Attest'~~dA)
Filed in this office:
Augusta - Richmond County
01/16/200t~5A3...:..53... 02
Elaine C. Johnson - ---
ed~cTVRN To:
Harry D. kevell, Esq.
PO' Box 25
. . 454 Gre e St.
August A 30903
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SUBDIVISION:
Cypress pointe
Phase II
RESOLUTION ADDING ROAD TO THE
AUGUSTA, GEORGIA ROAD SYSTEM
WHEREAS,
Lobelia Lane is an existing road in Richmond
County, Georgia, open to public usage; and
WHEREAS, Augusta, Georgia, desires to make Lobelia Lane
a part of its County Road System.
NOW, THEREFORE, BE IT RESOLVED by the Commission of
Augusta,
Georgia, that Lobelia 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 Tamarind Way
Extending approx. 450' E & SE to and
including cul-de-sac
(b) Length of road to nearest 1/100th mile:
0.085 mile
(c) Width & type of road surface:
31' from back of curb to back of curb;
asphaltic concrete surface
(d) Right-of-Way:
50 foot
The Augusta, Georgia, Commission 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.
Adopted this ~/si- day of mY~m~t:~_
, 20~."
AUGUST
COMMIS
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Attest, a1f;d)I~
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'. PLEA~eRETt.fRN-TO.,
_ . ,,' MarlFJ D. Revell, Esq.
. <P, PO Box 2125
454 Greene St.
Augusta, GA 30903
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STATE OF GEORGIA
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Book 007B0263 Augusta - Richmond County
200100129701/161200115:43:53.01
$0.00 AGREEMENT
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2001001297 Augusta - Richmond County
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COUNTY OF RICHMOND )
THIS AGREEMENT, entered into this 02/~ay of MEll/Ml.2l1YJ,by and
between Eagle Building and Development, Inc., hereinafter referred to as "Developer",
(STREETS AND STORM DRAINAGE)
MAINTENANCE AGREEMENT
and AUGUSTA, GEORGIA a political subdivision of the State of Georgia, acting by and
through its Commission, hereinafter referred to as "Augusta."
WHEREAS, Developer have requested that the Augusta, Georgia Commission
accept certain road, storm drains and appurtenances for CYPRESS POINTE
SUBDIVISION, Phase Two, 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 11.3 , Page ~(PI-*",)"; and
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 the Developer and the mutual agreements hereinafter set out, IT IS AGREED
that;
(1)
Augusta accepts the roads, storm drains and appurtenances, respectfully described
in the deed contemporaneously, tendered herewith to Augusta, Georgia Commission,
recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia,
in Realty Reel 7/1' , Page;?~1 ;?~~.
(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 months 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 shall
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Pi.EA~RET(}~fYTO: . -
j'ii;!rrtj D. Revell, Esq.
.; PO Box 2125
454 Greeno St.
Augusta, GA 30903
Book 00713:0264 Augusta - Richmond County
2001001297 01/16/2001 15:43:53.01
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 and the Developer is
unable to respond in a timely manner, Augusta shall be authorized to erect barricades,
traffic direction devises and such other temporary measures as are necessary to remedy
the emergency nature of the problem at the Developers' expense and to allow the
Developer, time to made 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 or repairing the
improvements due to failure of material or poor workmanship as liquidated damages.
IN WITNESS WHEREOF, the Developer and Augusta have caused the execution
of this agreement by and through its respective duly authorized officers and agents, with
its seal affixed, the day and year first above written.
EAGLE BUILDING AND DEVELOPMENT, INe.
By: ~ J-f-{)I<v/
As Its: Pre.sitJ~T
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BY:~- /' 2~
. As Its: Sa-c$ry
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~BY
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As Its Mayor
Filed in this office:
Augusta - Richmond County
01/16/2001 1~A3.:..5:l'pj----
Elaine C. Johnson
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