HomeMy WebLinkAboutLHP LLC THE HAMPTONS PHASE 1 DEED OF DEDICATION
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Book 00998:2141 Augusta - Richmond co-u;y- ~ -
200503275407/01/2005 10:57:28.00
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STATE OF GEORGIA
COUNTY OF RICHMOND
DEED OF DEDICA nON
(Road and Storm Drainage)
WHEREAS, LHP, LLC, owns a tract of land in Richmond County, Georgia known as The
Hamptons, 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 sewer system,_and detention pond,
and;
WHEREAS, it is the desire ofLHP, LLC to deed the storm drainage system, water distribution
system, road and street system, sanitary sewer system and detention pond to Augusta, Georgia, a political
subdivision acting by and through its Commission for maintenance and control; and
WHEREAS, a plat of The Hamptons, prepared by Cranston, Robertson & Whitehurst, P.c.,
dated April 29, 2004 has been recorded in the Office of the Clerk of the Superior Court of Richmond
, f1K
County, Georgia in Deed~l
, page 3.!J!/-; and to which reference is hereby had 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, road and street system,
sanitary sewer system and detention pond.
NOW,THEREFORE,thisindenturemadethisL~aYOf -S ~
s-
, 20~y LHP,
LLC 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 ofthe second part,
WITNESSETH
That the party of the first part for and in consideration of the sum ofTen and no/lOO ($10.00)
Dollars, to it in hand well and truly paid by the said 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, sanitary sewer system and detention pond by the party ofthe 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 ofthe Party of the First Part in and to the storm drainage system,
water distribution system, road and street system, sanitary sewer system and aeientioll pund as the same
.
Book 00998:2142 Augusta - Richmond County
200503275407/01/2005.10:57:28.00
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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, water
distribution system, road and street system, sanitary sewer system and detention pond herein conveyed
for the 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, \vater distribution system, and road
and street system, sanitary sewer system and detentions pond, together with all and singular, the rights,
members, appurtenances thereof to the same being, belonging, or in anywise appertaining to the only
proper use, benefit and behoof ofthe said party ofthe 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 the right
and title to the above described property, to the said party ofthe second part, its successors and assigns,
against all claims of all persons whosoever.
IN WITNESS WHEREOF, the party ofthe first part has hereunto set its hand and affixed its
seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
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~ ~ 4/10/07 :.~ Accepted by Augusta, Georgia, by and
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",,,,,,,,,,,,,,, ~ as T e Mayor- -
Prepared by:
James F. Findlay, Attorney
1557 Gordon Highway Suite D
Augusta, Georgia 30906
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STATE OF GEORGIA
MAINTENANCE AGREEMENT
COUNTY OF RICHMOND (Road and Storm Drainage)
THIS AGREEMENT, entered into this ~ day ~ 20~ by and betweenLHP, LLC,
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 Augusta, Georgia, Commission accept certain
roads, storm drains, water distribution system, sanitary sewer system, detention pond and
appurtenances for The Hamptons as shown by deed contemporaneously tendered and recorded in
the Office of the Clerk of the Superior Court of Richmond County, Georgia in deed reel_, page
, 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 ofthe 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, water distribution, sanitary sewer system, and
detention pond and appurtenances, respectfully described in the "Deed of Dedication"
contemporaneously tendered herewith to Augusta, Georgia, Commission, which deed is recorded
in the Office ofthe Clerk ofthe Superior Court of Richmond County, Georgia, in Realty Reel qq 8,
page~.
(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 ofthe improvements. Augusta shall notify the Developer and
.
~
(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 ofthe problem
at the Developer's expense and to allow the Developer time to make the needed repairs.
(6) In the event the Developer fails to comply with the terms ofthis 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 ofthe 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.
AUGUSTA, GEORGIA COMMISSION
ATTEST:
~ ~ Q/bY:_ <1J, 1'--6 (IS)
10 f5 as Its Mayor
_tJta/1J
I rk of C ission
Prepared by:
James F. Findlay
1557 Gordon Highway Suite D
Augusta, Georgia 30906
I
SUBDIVISION: The Hamptons
RESOLUTION ADDING ROAD TO THE I
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
I
WHEREAS, Hampton Circle is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Richmond County desires to make Hampton Circle a part of its County
Road System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission-Council of Richmond County, Georgia, that Hampton Circle 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 Hampton Drive
Extending approx. 1,097' S & SW to
and including two cul-de-sacs
(b) Length of road to nearest 1/100th mile:
0.21 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 Jl ~
-
,20~.
Attest~~
AUGUSTA-RICHMOND COUNTY
COM~
gtYY: Mayor ~ ($
SUBDIVISION: The Hamptons
RESOLUTION ADDING ROAD TO THE
AUGUST A-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Hampton Court is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Richmond County desires to make Hampton Court a part of its County
Road System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission-Council of Richmond County, Georgia, that Hampton 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 Hampton Drive
Extending approx. 125' SW
(b) Length of road to nearest 1/1 OOth mile:
0.02 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 day of , 20_
Attes~~
AUGUST A-RICHMOND COUNTY
COM~ION
Q~BY: ~~t~ ~
/0 Mayor 1
SUBDIVISION: The Hamptons
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Hampton Drive is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Richmond County desires to make Hampton Drive a part of its County Road
System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission-Council of Richmond County, Georgia, that Hampton Drive 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 Georgetown Drive
Extending approx. 2,006' NW
(b) Length of road to nearest 1/100th mile:
0.38 mile
(c) Width & type of road surface:
31 foot from back of curb to
back of curb; type E asphalt
(d) Right-of-Way:
Varies 60/80 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 day of , 20_
Attest~~
AUGUSTA-RICHMOND COUNTY
COMM~
(lL..~ _BY \ ~C
t) /f5 Mayor
"
I
Book 00998:2143 Augusta - Richmond County
2005032755 07/01/2005 11 :01 :28.00
$0.00 WARRANTY DEED
111111111111 1111I1111111111 11/111111111111 111I111111111I1111
2005032755 Augusta - Richmond County
RETURN TO:
Stephen E. Shepard
701 Greene Street, Suite 104
Augusta, Georgia 30901
STATE OF GEORGIA ) DEED OF DEDICATION (UTILITY)
COUNTY OF RICHMOND ) FOR THE HAMPTONS, PHASE I f
TIllS INDENTURE, made and entered into this 1 ttv day of ~ I !nl1 , 20a.f:;.
between the LHP, LLC. hereinafter referred to as the Party of the -irst 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 Ten Dollar
and nollOO ($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 The Hamptons. Phase I by Cranston. Robertson &
Whitehurst. P.C.. dated May 28. 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 oflaying,
relaying, installing, extending, operating, repairing, and maintaining pipelines transporting and
carrying utility services, the same hereinafter being referred to as the "PROJECT;"
1
Book 00998:2144 Augusta - Richmond County .
200503275507/01/2005 11 :01 :28.00
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
2
Book 00998:2145 Augusta - Richmond County
2005032755 07/01/2005 11 :01 :28.00
all related pronouns, related pronouns and verbs shall read as ifwritten 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:
By:
i ,
~~0;d'l
Witness
C R _rY-\~ lo\,-\)()u
Notary PublIc NOValy Public CoI b'
M f'_=-':'h urn 18 County, Georgia
y ......IIIII~ Expires Sept. 10, 2007
My Commission Expires
Accepted by:
AUGUSTA, GEORGIA
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By: ~
As Its Mayor
Attest~
1lllstrator
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Filed in this office:
Augusta - Richmond County
07/01/2005 11 :01 :28.00
Elaine C. Johnson
Clerk of Superior Court
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STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
FOR THE HAMPTONS, PHASE I
(Utility Water)
~ ~
THIS AGREEMENT, entered into this Ldayof ~ , 20~y and between
the LHP,LLC, The Hamptons, Phase I hereinafterreferred as the "DEVELOPER", and AUGUSTA,
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 tendered and recorded in the office ofthe Clerk ofthe Superior Court of
Richmond County, Georgia, in Realty Reel Page ; 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 Commissio~ recorded in the office ofthe Clerk ofthe
Superior Court of Richmond County, Georgia, in Realty Reel '-1 q?J Page d.. It../: 3 .
(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 ofthe
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) In the event of such failure ofthe 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:
~ 6/'I/or
Witness .
,.
Notary Public n ((. ~&...D _ t.l\..t \<:)-1
.. ~ Notavy Pubic, Columbia County, Georgia
My Commlsslon Explres Mv Commi!':!':inn r=vpires Sept. 10,2007
Accepted By:
tI/o B:~~l~ ~
Attest,jk~
Ct c.k Jrlminil3tr3.t~r