HomeMy WebLinkAboutDeed of Dedication for Walton Hills
Augusta Richmond GA
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YEAR: L-Cn ~
BOX NUMBER: W
FILE NUMBER: \ -, 0-1'1
NUMBER OF PAGES:
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Book 00904:0030 Augusta - ~ichmond County
2003058047 12/22/2003 152417,03
$000 QUITCLAIM DEED
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2003058047 Augusta - Richmond County
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Return to:
County Attorney
454 Greene Street
Auausta, GA 30901
DEED OF DEDICATION (!
FOR Walton Hills, Section IV
(UTILITIES)
THIS INDENTURE, made and entered into this '/ day of 61-J . 2003, between
the Southern Speciality Development Co., hereinafter referred to as t~e 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;
STATE OF GEORGIA )
COUNTY OF RICHMOND )
WITNESSETH:
THAT the said Party of the First Part, for and in consideration of the sum ofTen Dollar
and nolI 00 ($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 ofland, together with the pipelines and appurtenances located therein,
which are delineated on a plat prepared for _Southern Speciality Development Co._by)ames G.
Swift & Associates dated February 6, 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 oflaying,
relaying, installing, extending, operating, repairing, and maintaining pipelines transporting and
carrying utility services, the same hereinafter being referred to as the "PROJECT;"
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Book 00904:0031 Augusta - Richmond County
200305804712/22/200315:24:17.03
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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, EXCLlUDING the right to erect, construct, or maintain
thereon any buildings or permanent improvements.
AS APART 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 FI~ST 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.
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Book 00904:0032 Augusta - Richmond County
2003058047 12/22/2003 15:24:17.03
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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: .Il""";"
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Southern Speci~}i'~~~~fe1o.pITf~&~f~
Easement for WatfQit:}:hUs,;: Se6non,JY
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By: 5 ... - l:Ii Z,iI//;,." ;}
James Kile'." " \>'...........:\).~ .,l
As its' Treasu~{5T, .7l,~'t:J') rr,..'~\,,<.k
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Accepted by:
AUGUSTA, GEORGIA
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STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
(Utility Water)
THIS AGREEMENT, entered into this !:J--day of ecr , 2003, by and between
the Southern Speciality Development Co., Walton Hills SID, Section IV, hereinafter referred to as the
"DEVELOPER", and AUGUST A, GEORGIA, a political subdivision ofthe 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 ten~~ and recorded in the office of the Clerk of the Superior Court of
Richmond County, Georgia, in Realty 00 ~ 9 or; Page ()O 30 ; 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 CoIlll1'}J~~1.on, recorded in the office ofthe Clerk of the Superior Court of
Richmond County, Georgia, in Rea1ty~ 9 (1-/ Page Db 30 .
(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 mont~ 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.
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. (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 ofan 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 ofthis 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:
Southern Speciality Development Co.
Walton Hills, Sectio.n 'N ~.
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W~ . ~ss_ : ' _.
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N6ft(t-y Pub1'it <_' ~. ..
My'Coinmission Expires 4/ M/ o~
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By: ~~ ",>>'p'~.:Cc ~;;;;
A~~:: ~~:asurer- .. . - ~>~-.:~i
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ryJBY:
Accepted by:
A~ GEO:IA
SUBDIVISION: Walton Hills, Section IV
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Deer Chase Lane is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Richmond County desires to make Deer Chase 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 Deer Chase 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 Existing Deer Chase Ln.
Extending approx. 1,005 ft. NW to
deadend
(b) Length of road to nearest 1I100th mile:
0.19 mile
(c) Width & type of road surface:
31 foot 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.
Adopted this 7 day of oc::t
,20_.
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_-~~CHMOND '\1ll~
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AUGUSTA-RICHMOND COUNTY
COM~O~
N";)BY ~t ~
err Mayor
SUBDIVISION: Walton Hills, Section IV
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Brookstone Road is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Richmond County desires to make Brookstone Road a part of its County
Road System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission-Council of Richmond County, Georgia, that Brookstone Road 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 Existing Brookstone Rd.
Extending approx. 1.418 ft. SW
(b) Length of road to nearest 1/l00th mile:
0.27 mile
(c) Width & type of road surface:
31 foot 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.
Adopted this '7 day of (}cI-
,2003.
Attest.
_"""'IlIt..'Il!l.~'\\.'1\,\\
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AUGUSTA-RICHMOND COUNTY
CO~IOH
fJ1jlY:~ l<-L.<s
Lffv, Mayor
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Return to:
County Attorney
454 Greene Street
Augusta, GA 30901
STATE OF GEORGIA )
)
RICHMOND COUNTY )
Book 009040035. August~ - Richmond County
2003058048 12/22/2003 15:24: 1704
, $0.00 QUITCLAIM DEED
I 111111 Itlll 1111I 1I11I_1!I1111111 1111',1111I1111I1'111 Ilnl!ll
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2003058048 Augusta - Richmond County
DEED OF DEDICATION
(Roads and Storm Drainage)
WHEREAS, Southern Specialty Development Co. owns a tract of land in Richmond
County, Georgia known as Walton Hills, Section IV 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 "C"; and,
WHEREAS, it is the desire of Southern Speciality Development Co. to deed the closed
(piped) storm water system, water distribution system, road and street system, sanitary
sewerage system, and retention area "C" to Augusta, Georgia, a political subdivision oqhe State
of Georgia acting by and through its Commission for maintenance and control; and
WHEREAS, a plat of Walton Hills, Section IV has been prepared by James G. Swift &
Associates, dated February 6, 2003 and said plat has been recorded in the Office of the Clerk
of the Superior Court of Richmond County, Georgia in Deed~~1 ~V7 , pages :J.. 9~
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 "C".
NOW, THEREFORE, this indenture made this ~ day of, ~JeA ,2003 between
Southern Speciality Development Co., 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 00904:0036 Augusta ~ Richmond County
2003058048 12/22/2003 15:24:17.04
the further 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 "C", 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 "C" as the same are now located and existing in Walton Hills, Section IV, as
shown on a plat of said subdivision, which plat was prepared by James G. Swift & Associates
and which plat is rEfWrded in the Office of the Clerk of the Superior Court of Richmond County,
Georgia in Deed~I.2!:fL, Pages !J.7(P .
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 "C". This deed is subject to
any utility easements which have been granted in the past and all telephone lines, gas lines, or
power lines forthe 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 "C", as shown
on aforementioned plat by James G. Swift & Associates, herein conveyed forthe 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 "C" 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.
AND the said party of the first part, its successors and assigns, will warrant and defend
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Book 00904:0031 Augusta - Richmond County
2003058048 12/22/2003 15:24: 17.04
.
th~ 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 presenc of:
~\;,. 5:.t l ~r.; I'; i i,:;~,
~,\\ cd'\..1?"'...~ 1~,,5.
...\.\ '\'\ :J r.o '. .J;~:'J~ ~;
\.\.., ":' Ii<"~')""~", ,:11' '1'.;
Southern Speciality De~~~lj~'6i~!!!, c'Cl.:\f;:%.
. . f j:i {{~':t'^ ::J;. ~!.~ ~
by: ~~ 1", -'+- c: R :::
ames Kile .~~... d t'~"'C;; ~).1 c, g
as its: Treasurer \"~~:':~:~:~~":'i~~;'~~~:-':>~
....
Accepted by Augusta, Georgia
by and ~hrou h its Commission
~y:
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Filed in this office:
Augusta - Richmond County
12/22/200315:24:17.04
Efaine C :-Johnson --
Clerk of Superior Court
'\
" .
J. 0'
STATE OF GEORGIA
RICHMOND COUNTY
)
)
)
(Roads & Storm Drainage)
MAINTENANCE AGREEMENT
THIS AGREEMENT, entered into this -2-- day of 1J-Lt ' 2003 by and
between Southern Speciality Development Co., hereinafter referred to as "Developer", 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, and appurtenances in Walton Hills, Section IV, as shown on a plat prepared
by James G. Swift & Associates, dated February 6, 2003 and which plat is r?C~ded i.n the Office
, l5()o a J./sJ
of the Clerk of the Superior Court of Richmond County, Georgia in DeedRee .ll!iRi-' Page
6J:.~6
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, 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 ~..2.1J!L, Page Db 3S.
(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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1'\
"
)
(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. ' " - '-,_ 'r_A
-"""~' --.,
Southern Speciality Developfu~~C~':~;? ~
f -,-: <' ~t'::: ~
by: -~ ~ ~~\~-::-~~ ~:1[~~{~
Qimes Kile - , -..' ---- '.' """
as its: Treasurer "
Augusta, Georgia Commission
cfbY: a~r '\ V- ~ (LS)
:~
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