HomeMy WebLinkAboutHome Sites, Ltd.
Augusta Richmond GA
. DOCUMENT NAME: \-t~ S\\eS, L-\d.
DOCUMENT TYPE: c1em
YEAR: Cf\
BOX NUMBER: <t:;
FILE NUMBER: \l\{..\19l\
NUMBER OF PAGES:
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REEL 662 PAGE 612
,~ETURN TO:
James B. Wall
454 Greene
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'l'JICRY.fOND (,..lJUNTY, GEORGIA
F..<'~ ~ Tfw.i~sfC;- ita
99 OCT 13 Pr1 4: 33
1~"',JJ.~ D
.- - ELAINE: C. JOHNSON
.Dzw. /0 - (3 -<j c; CLEHK. OF SUPERIOi~ COURT
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Clerk ef S!qJu'~r CDIu1
STATE OF GEORGIA
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COUNTY OF RICHMOND )
ORIGINAL REEL RECORDED
REEL 662 PAGE 612
l.JIP IO: 414992
DEED OF DEDICATION
(Roads and Storm Drainage)
WHEREAS, Home Sites, Ltd., a lilllited partnership, organized and existing under the laws of the State of
Georgia and County of Richmond OwllS a tract ofland in Richmond County, Georgia known as Asbury Hill,
Section 3-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 3-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 a, Pages 1i51; 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 1 ~ay of.~ 1999 between Home Sites, Ltd.
hereinafter referred to as the part of the fIrst part and Augusta, Georgia, a political subdivision, by and through its
Commission, hereinafter referred to as the part of the Second part,
WITNESSETH
That the party of the fIrst part for and in consideration of the sum of Ten and 00/100 ($10.00) Dollars, to it
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 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, as the same are now located and existing in Asbury Hill Subdivision,
Section 3-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!i5l
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 613
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.
Signed, sealed and delivered
In the presen e of:
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Hom~
BY:
Otis L. Cro ell
As Its General Partner
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~,~ ~';;, ~. ':;. ':i"-. ,':: ;;;~;~ ~ '," -:;OMMISSION EXPIRES
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"~/' .,,';,Prepareo'By:
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William R. Coleman, Jr. A :.n
P.O. Box 679 v.r-
Evans, Georgia 30809
RICHMOND COUNTY/GA SUPERIOR COURT
FILED 13 OCT 1999 AT 34:33PM
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RETURN TO:
Jim Wall
454 Greene St.
t l! ,-'i' iH TfilS OFTlCE
, ~;~:-:;-~l-'/:'l.'~ :~nUNTY
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990Cl \3 PH 4:34
EL;\\NE c; },m,~sml
"I ,-pI\. OF SUi)'.3.IGr( CounT
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STATE OF GEORGIA )
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COUNTY OF RICHMOND )
ORIGINAL REEL RECORDED
REEL 662 PAGE 617
MAINTENAN(!l[ lCC~iMENT
(Roads and Storm Drainage)
THIS AGREEMENT, entered into this 7 day of Sept. , 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 3-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 /i;fi;;? Page &/~ -~/p; 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
office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel {/ ~ .:< Page
u/~-{//~ .
(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 6~_~....? P'H~'E -1
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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.
HOME s~~ ~_
By: L-<,~ T,-S~
otis Crowell
As Its General Partner
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NOTARY PUBLIC.
RICHMOND COUNTY GEORGIA
Exp i re s MY OOMMISSION eXPIRES
AUGUST 20, 2002
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RICHMOND CgUNII:~H~TLH4;34PM
FILED 13 ocT 1993 H -
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REEL 662 PAGE 619 RETURN TO:
Jim Wall
454 Greene St.
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h:!CH.'"l\_I.h{:_: COLiN: Y
RK'.Hl~O"Vf) aH/NTJr', GEORGIA
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99 OCT 13 Pti 4: 35
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,. ~e .,ofd G I HAL REEL RECORDED
t .t~EEL 662 PAGE 619
..."".HIP.ID: 414995
l'aJJ ,~ D
ELtdN[ C, JOHNSON
~:L[RK Or: SUP[J\iDi~ COU;H
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Bt.Ji1Ul C. Jo
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STATE OF GEORGIA ) DEED OF DEDICATION
COUNTY OF RICHMOND) FOR ASBURY HILL SECTION 3-B (For Utility-Water)
THIS INDENTURE, made and entered into this 7 day of September 199':;,
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:
THAT 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
aclmow1edged, 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 a plat prepared for Home Sites Ltd,: Asbury Hill Section 3-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;"
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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, EXCLUDING the right to erect,
construct, or maintain thereon any buildings or pem1anent 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 mmecessary 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
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'REEL 662 PAGE 621
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
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By:
Otis L. Crowell
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Accepted by:
AUGUSTA, GEO
COMMISSION/C
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Attest:
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RICHMOND COUNTYIGA SUPERIOR COURT
FILED 13 OCT 1999 AT 04:35PM
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REEL 662 PAGE 623
RETURN TO:
Jim Wall
454 Greene St.
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F iLET i.'~ HilS or Flce
E1C,~?-.~;;..'t1L; COUN f Y
99 OCT 13 pr~ 4: 35
ELAINE C, JOHNSON
CLERH OF :jUPEI110f\ courn
ORIGINAL REEL RECORDED
REEL 662 PAGE 623
~HP ID: 414996
STATl~ OF GEonGIA ASBURY HILL, SECTION 3-B
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
(Utility Wntcr)
THIS AGREEMENT, entered into this 7 day of September , 199:\, by and
between the Home Sites. Ltd. (Otis Crowell) hereinaOer refcrred to as the "DI~VI~LOPI~R", and
AUGUSTA, GEORGIA, a political subdivision of thc State of Georgia, hercinaner refcrretl to as the
"CITY."
\VHEREAS, the DEVELOPER requested that the Allgnstn, Georgia accept certain sewcr lincs,
water lincs a11llmains or mains, pipes, valves, and conncctions, and appurtenances 1'01' the subdivision, as
shown by deed contemporaneollsly tcndered and recorded in the 0 [fice of the Clerk of the Superior Court
of Richmond County, Georgia, in Realty Reel tufo2. Page ~ 19 ,. (/:2.:< ; and
\VHEREAS, the CITY has adopted a policy requiring the DEVELOPER to maintain all
installations laid or installed in the subdivision for a period oftwclve months, which the CITY accepts by
deed;
NO\V, THEREFORE, in consideration of thc premises, the cxpcnse previollsly incurred by the
DEVELOPER and the mutual agreement hcreinaner set Ollt, IT IS ^GREI~D 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 herewilh to the Augusta-Richmond County COlllmission, recorded in the office of the Clerk ofthe
Superior Court of Richmond County, Georgia, in Really Reel f.p(Pt.- Page ~Iq -u,:(;{ .
(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 frol11 the date hercin.
(3) The DEVELOPER agrecs that, ifdlll'ing said twelve month pcriod there is a failure of the
installations laid or installcd in said subdivision described in the deed due to failure or poor workmanship,
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F.:EEL 662 PAGE 624 -- ,-,.. ..}:
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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.
SIGNED, SEALED, AND DELIVERED DEVELOPER in our presenc.e:
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Wltness . ,.,
By:
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at; s L. Crowe 11
.Home
Attest:
Accepted By:
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r:'Ii'Htlot.m cou~nY.. GA SUPERIOR ..COURT
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FILED 13 (lCI 199~ HI 1::",: .~._I I
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