HomeMy WebLinkAboutDeed of Dedication-Wheeler Road Joint Venture
Augusta Richmond GA
DOCUMENT NAME: \) 6~ 1:> {} t \)12 t> I c A ,,1).-.)- 101-1 "-E.LE <<:. l( Ofl'~ -;)/);'" T 1/ ~,"llJre
DOCUMENT TYPE: 1) €. e \)
YEAR: ~H)D Y
BOX NUMBER: ~ 4
FILE NUMBER: 11 L/ it? c;
NUMBER OF PAGES: ~
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Book 00955:1738 Augusta - Richmond County
200404670310/13/200409:50:53,07
$0.00 WARRANTY DE!ED .
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2004046703 Augusta - Richmond County
RETURN TO:
Stephen E. Shepard
701 Greene Street, Suite 104
Augusta, Georgia 30901
DEED OF DEDICATION (UTILITY)
FOR WHEELER ROAD JOINT VENTURE
(formerly known as Highpointe Joint Venture)
THIS INDENTURE, made and entered into this 2!!!..... day of ~lo,/ , 2004,
between the WHEELER ROAD JOINT VENTURE, hereinafter r ferred 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;
STATE OF GEORGIA )
COUNTY OF RICHMOND )
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 survey of water and sanitary sewer system extension for Wheeler Road Joint
Venture (formerly known as Hiqhpointe Joint Venture) by James G. Swift & Associates. dated August 2~
2004 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;"
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Book 00955:1739 Augusta - Richmond County
2004046703 10/1~/2004 09:50:53.07
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,
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,
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Book 00955:1740 Augusta - Richmond County
2004046703.10/13/.200409:50:53.07
IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to be
exe"cuted the day and year first above written as the date of these presents.
SIGNED, SEALED, AND DELIVERED in our presence:
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By:
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Accepted by:
AUGUSTA~O'7)GIA
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As Its M
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Attest:
Filed in this office:
Augusta - Richmond County
10/13/2004 09:50:53.07
-- ~- ~
Elaine C. Johnson
Clerk of Superior Court
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Book 00955:1741 A.ugusta - Richmond County
2004046704 10/13/2004 09:50:53.08
$0.00 AGREEMENT
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2004046704 Augusta - Richmond County
-- --_.- --~ -~ - ------
-------.---.......
RETURN TO:
Stephen E. Shepard, Esquire
701 Greene Street, Suite 104
Augusta, GA 30901
(706) 724-6597
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
FOR WHEELER ROAD JOINT VENTURE
(FORMERLY KNOWN AS HIGHPOINTE JOINT VENTURE)
(Utility Water and Sewer)
THIS AGREEMENT, entered into this ;;1fJ day of ~~ , 2004, by and between
the wWheeler Road Joint Venture (formerlv known as Hiehpointe Joint Veuture) 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, 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 ~~~ Page /7 '3JJ ; and
WHEREAS, the CITY has adopted a policy requiring the DEVELOPER to maintain all
installations laid or installed 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, 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 9~~ Page /7,38'
(2) The DEVELOPER agrees to maintain all the installations laid or installed 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 described in the deed due to failure or poor workmanship, the
DEVELOPER shall be responsible for adequate maintenance and repair.
Book 00955:1742 Augusta - Richmond County
2004046704 1Q/13/2004 09:50:53.08
(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 ofrepair. 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:
formerly know
Wheeler Road Joint Venture
a:yHi9p4;B~~
A-~ Its MlLtt.t?j~ +no--
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Notary Public
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Accepted By:
A~ Georgia
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