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HomeMy WebLinkAboutPINEHURST SECTION FIVE PHASE ONE NORDAHL & CO INC DEED OF DEDICATION '" . ... ~ ""i '\. ' . ,r Book 00998:2154 Augusta - Richmond County 200503275807/01/2005 11 :05:33,00 $0,00 QUITCLAIM DEED 1111111111111111111111111111111111I11111111111111111111111II 2005032758 Augusta - Richmond County RETURN TO: Stephen E. Shepard 701 Greene Street, Suite 104 Augusta, Georgia 30901 STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) DEED OF DEDICATION (Roads and Storm Drainage) s" THIS INDENTURE, made and entered into this L day of ~ ,20~by and between NORDAHL & CO., INC. hereinafter referred to as the Party of FIRST PART, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through its Augusta, Georgia Commission, as the party ofthe 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 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 and by these presents does grant, bargain, sell, release, convey and confirm unto the said Party of the SECOND PART, its successors and assigns, the following described property, to-wit: ALL PORTION OF PROPERTY SHOWN ON THE PLAT HEREIN REFERRED TO AS ALL THOSE STREETS AND STORM DRAINAGE SYSTEMS, located in PINEHURST SECTION 5 PHASE I according to the plat prepared by Southern Partners, Inc., dated June 23, 2004 and revised June 28, 2004 being shown as the following street: Jasmine Way and Laural Oak Drive particularly shown and designated on said plat as recorded in the Office of the Clerk of Superior Court, Augusta-Richmond County, Georgia, in Reel f3J< I ,pages~ to which plat reference is made for a complete and accurate description as to the metes, bounds and location of said easements. TOGETHER with an easement to enter upon all areas shown as drainage and utility easements shown on said plat. TO HAVE AND TO HOLD SAID PROPERTY and all singular the members and appurtenances therein belonging as aforesaid, and every part thereof, unto the said party of the SECOND PART, its successors and assigns, forever in FEE SIMPLE. ..--t! . /a " Book 00998:2155 Augusta - Richmond County 200503275807/01/2005 11 :05:33.00 , ' 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. By: As Is (SEAL) SIGNED, SEALED AND DELIVERED I~ /~~~~~%~,~:,";,;,:~~% 6. ~oou ~ :?: ':J?t~rY ~~~Ti.iRYCPUBUC COLUMBIA COUNT'(. ,':, no. ~) ~ '';t',,i!.~Y~OMMISSION EXPIRES tJ/,-freS- :~-,'(Y'" >"::H'~;:~~:' ~,iif ,,' Accepted by Augusta, Georgia, by and through its Commission $41 By' ~ d~C: ~~/ Att t: Clerk mission Filed in this office: Augusta - Richmond County 07/01/2005 11 :05:33.00 ---- Elaine-C:-Johns~ Clerk of Superior Court STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) THIS AGREEMENT, entered into this1tl--day o~ ,20~ by and between NORDAHL & CO., INC., hereinafter referred to as "Developer", and AUGUSTA, GEORGIA a political subdivision ofthe MAINTENANCE AGREEMENT (Roads and Storm Drainage) State of Georgia, acting by and through its Commission, hereinafter referred to as "Augusta". WHEREAS, Developer requested that the Augusta, Georgia Commission accept certain roads, storm drains and appurtenances for Pinehurst Section 5 Phase I, 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_; 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 Augusta accepts by deed; NOW, THEREFORE, in consideration of the premises, the expense previously incurred by Developer and the mutual agreements hereinafter set cut, IT IS AGREED that: (1) The City accepts the roads and appurtenances, storm drains and appurtenances, respectfully described in the deed contemporaneously tendered herewith to Augusta, Georgia Commission, recorded in the office ofthe Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel ~, 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 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 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 devices and such other temporary measures as are necessary to remedy the emergency nature of the 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 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 of repairing the improvements due to failure of material or poor workmanship as liquidated damages. IN WITNESS WHEREOF, Developer has hereunto set his hand and seal and Augusta 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. DEVELOPER NORDAHL & CO., INC. (L.S.) By: As Its AUGUSTA, GEORGIA COMMISSION ~OAs",Ma~ 1~ (L.S.) A~:~ C r lffi1:n;; W/J1/A) SUBDNISION: PINEHURST, SECTION FNE, PHASE ONE RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Laurel Oak Drive is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Richmond County desires to make Laurel Oak 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 Laurel Oak 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 existing Laural Oak Drive Extending approx. 245' NW Gust past Jamine Way) (b) Length of road to nearest 1/100th mile: 0.05 mile ( c) Width & type of road surface: 31' 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 1 day of -q ~ , 20o.s:.. AUGUSTA-RICHMOND COUNTY Attest: dM~~ l COMM~CW /J)f) BY: tx.. t-~ Mayor SUBDIVISION: PINEHURST, SECTION FIVE, PHASE ONE RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Jasmine Way is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Richmond County desires to make Jasmine W ay a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission-Council of Richmond County, Georgia, that Jasmine 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 Laura1 Oak Drive Extending approx. 875' NE & then NW (b) Length of road to nearest 1/1 OOth mile: 0.11 mile (c) Width & type of road surface: 31' 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 1 day of --9 .u.-r ..... ,200 ~ AUGUSTA-RICHMOND COUNTY Attest. ~~~~: Mayor , . Book 00998:2156 Augusta - Richmond County 200503275907/01/2005 11 :06:39,00 $0,00 WARRANTY DEED 111111111111111111111111111111111111111111 11111111I111111111 2005032759 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 PINEHURST, SECTION FIVE, PHASE ONE THIS INDENTURE, made and entered into this '7 day of n ~ , 2005 between the Nordahl & Company,Inc., Pinehurst, Section F~Phase One 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 Ten Dollar and noll 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 Pinehurst Section Five, Phase One by Southern Partners. Inc. dated October 14. 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 00998:2157 Augusta - Richmond County ~ 2005032759 07/01/2005 11 :06:39.00 ; 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 ofthe 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 ofthe 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 00998:2158 Augusta - Richmond County 2005032759 07/01/2005 11 :06:39.00 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: ;{2 L ~-Z-d5 By: Witness Qorr. ~ Notary Public NOtary I-'UOlic, Columbia Cou'^"'IJ .~ u.. t'~_l_'__ '''.1' ...tI\J'l:I'" -, -'UllRRNW Expires Sepl10, 2007 My Commission Expires '~ Accepted by: AUGUSTA, GEORGIA ~BY: ~~ Attest:pf}~._:n:':~.e?l./ ~\'( 1 ' '. .~~.. 'I i;" ~l~ - "'~n" 1( ~.::~~} !,~~I '1", " ~JJ.' 3 STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT FOR PINEHURST, SECTION FIVE, PHASE ONE (Utility Water) THIS AGREEMENT, entered into this '7 day of ---D- ~ ' 2005, by and between the 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 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 commiss~ recorded in the office ofthe Clerk ofthe Superior Court of Richmond County, Georgia, in Realty Reel q R Page 0( I,C)(o . (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 l,1ereunto 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: Nordahl & ~ Pinehurst, Section ~ {~ :?2 ...,. As it's A.V.P. Wit:ess - , Notary Public (J.v-; P. fl.-..--- Notary PUbftc, Columbia County, Geary!", My Commission Expires MrCommi&sloo Expires Sepl 10, 2007 Accepted By: One d-IJ /tb 1fl. . By' Aug~c;:;; .AS Itsfa.z.. _ A. / Attest'~d!f~ftU/ .--At ~ -1\J:llllal"Lxat8"r