HomeMy WebLinkAboutSANDERLING PHASE TWO DEED OF DEDCIATIONS MAIN RESOLUTION
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Book 01074:2435 Augusta - Ri~hmondCounty -~
200604070208/30/200615:18:23.04
$0.00 WARRANTY DEED
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Return to.. "" 2006040702 A
ugusta - Richmond County
County Attorney's Office
701 Greene St., Suite 104
Augusta, GA 30901
STATE OF GEORGIA ) DEED OF DEDICATION (UTILITY)
COUNTY OF RICHMOND ) FOR SANDERLING SID, SECTION TWO
THIS INDENTURE, made and entered into this 1J1- day of f1-c/f ~ +- , 206
between the Preston Price, Sanderling SID, Section Two hereinafter referred to as the Party of
the First Part, and AUGUST A,. 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 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 Sanderling SID, Section Two by Southern Partners
Inc., dated September 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;"
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Book 01074:2436 Augusta - RiChmo~d-~;U~;-- ~
2006040702 08/30/2006 15:18:23.04 I
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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 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 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 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 ofthe First Part" and
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Book 01074:2437 Augusta - Richmond County
200604070208/30/2006 15:18:23.04
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:
By:
Preston Price
s~n~
Preston Price / _ ~ (t - 0 y
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Notary PUbfic, Columbia County, Georgia
.. . My Commission ExpIres Sept 10.2007
My ComnnsslOn ?xplres
Accepted by:
AUGUSTA, GEORGIA
Attest:
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'. County Attorney's Office
701 Greene St., Suite 104
Augusta, GA 30901
.- STATE OF GEORGIA
COUNTY OF RICHMOND
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- Bo~k01074:2429 Augusta - Richmond County
2006040698 08/30/200615:18:23.00
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~2006040698 ~g~ta - Richmon~ County _ _ ~ ~~~
DEED OF DEDICATION
(Road and Storm Drainage)
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WHEREAS, Preston Price, owns a tract of land in Richmond County, Georgia known' as
Sanderling Phase Two 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 sanitary sewer system, and;
WHEREAS, it is the desire of Preston Price to deed the storm drainage system, water
distribution system, road and street system, and sanitary sewer system to Augusta, Georgia, a political
subdivision acting by and through its Commission for maintenance and control; and
WHEREAS, a plat of Sanderling Phase Two, prepared by Southern Partners, Inc., dated
September 2, 2004 has been recorded in the Office of the Clerk of the Superior Court of Richmond
County, Georgia in Deed ~ I , page ~; 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, and
sanitary sewer system. ,s--r
NOW, THEREFORE, this indenture made this t- day of
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Preston Price 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 part,
WITNESSETH
That the party of the first part for and in consideration of the sum ofTen and nolI 00 ($10.00)
Dollars, to it in hand well and truly p~id by the said party ofthe second part at and before the sealing and
delivery ofthese 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, and sanitary sewer system by the party of the second part, has and does
by these presents, grant, bargain, sell and confirm unto the said party ofthe second part, its successors
and assigns, the following, to-wit:
All the right, title and interest of the Party ofthe First Part in and to the storm drainage system,
water distribution system, road and street system, and sanitary sewer system as the same are now located
,
Book 01074:2430 Augusta - Richmond County '1
2006040698 08/30/2006 15: 18:23.00
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. 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, and sanitary sewer system 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, water distribution system, and road
and street system, and sanitary sewer system, 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 of the said party of the second part, its successors and assigns forever in fee simple.
AND the said party ofthe 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 of the 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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by:
reston Price
Accepted by Augusta, Georgia, by and
thro h its Commission
Prepared by:
James F. Findlay, Attorney
1557 Gordon Highway Suite D
Augusta, Georgia 30906
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Book 01074:2439 Augusta - Richmond County
200604070308/30/200615:18:23.05
$0 00 AGREEMENT
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2006040703 Augusta _ Richmond County
Return to:
County AttomeyJs Office
701 Greene St., Suite 104
Augusta, GA 30901
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
FOR SANDERLING SID, SECTION TWO
(Utility Water)
. TillS AGREEMENT, entered into this JSf day of B. v~,s' /- , ~ and between
the Preston Price hereinafter referred to as the "DEVELOPER', and AUGUST A, 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 rec~ded in the office ofthe Clerk ofthe Superior Court of
Richmond County, Georgia, in Realty Reel ~ 07 Page ~tf ~~ ; 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 Commission, recorded in the office ofthe Clerk ofthe
Superior Court of Richmond County, Georgia, in Realty Reel I mtl Paged,435 .
(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.
Book 01074:2440 Augusta - Richmond County
200604070308/30/2006 15:18:23.05
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(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 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 presence:
/2~
Wltness
Prest n Price
Sandrli SD, Section
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Notary Public Q () _ ~
.. . Notarf Pub.Hc, Columbia County, Georgia
My c:om~l s s lon Exp He s My Commission Expires Sept 10, 2007
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Accepted By:
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AUgust~,_ Ge~a
~!Z- BY:~ ~. -A---'
~ ~ ~s Its Mayor ~
Attest'~
p- C1"\. ~ \. -S\S"" t CI\,...o-
-A6.lll.i..U.i.~ L.L y,tor
FilM in this office:
Augusta - Richmond County
08/30~~~61~~8-=?~.!>~ _
----Elaine C. Johnson
Clerk of Superior Court
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Book 01074:2431 A~gusta - Rich~o;j CountY - --
2006040699 08/30/200615:18:23.01
$0.00 AGREEMENT
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__ 2E06040~~ A~g_u~a~ Richmond County_
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MAINTENANCE AGREEMENT
Return to:
CO\J~y Attbrney's Office
. 701 Greene St., Suite 104
Augusta, GA 30901
~TATE'OF GEORGIA
COUNTY OF RICHMOND (Road and Storm Drainage)
THIS AGREEMENT, entered into this (;:y( day o~ ~~ and between
Preston Price hereinafter referred to as "Developer", and AUGUSTA, GEORGIA, a political
subdivision ofthe 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, and appurtenances for
Sanderling Phase Two as shown by deed contemporaneously tendered and recorded in the Office
ofthe Clerk ofthe Superior Court of Richmond County, Georgia in deed reellPJipage <l 'I :L 9 ,
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 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, water distribution, sanitary sewer system, 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- /614, page 4'-/2-9
(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 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
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Book 01074:2432 Augusta - Richmond County
200604069908/30/2006 15:18:23.01
(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 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.
AUGUSTA, GEORGIA COMMISSION
~'ii~
Qt. by:.rJ:..e",.~(L.S.)
<J0 as Its ayor
ATTEST:
Prepared by:
James F. Findlay
1557 Gordon Highway Suite D
Augusta, Georgia 30906
RICHMOND COUNTY ATTORNEY
701 GREENE ST
SUITE 104
AUGUSTA, GA 30901
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SUBDIVISION: SANDERLING, PHASE TWO
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Sanderling Drive is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Richmond County desires to make Sanderling 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 Sanderling 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 Sanderling Drive
(b)
Extending approx. 725' W & NW to and
Including cul-de-sac
Length of road to nearest 1/1 OOth mile:
0.14 mile
(c)
Width & type of road surface:
(d)
31 ft. from back of curb to back of curb;
type E asphalt
Right-of-Way:
60 foot
The Augusta-Richmond County Commission-Council is hereby directed to forward a
-11- ~ertified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section
I District 2, Post Office Box 8, Tennil1e, GeOrg1J;089.
Adopted this E day of. 1- c/(f I- , 206 Ce .
AUGUSTA-RICHMOND COUNTY
COMMIS~I~Nd ~
BY:. ( )Lv(~. ~
Il ~ t1J~ Mayor -~ -
Attest: ~ 011/J/JI/ . Filed in this office:
I - r ~ t_ dP CP~" r.J. ~ Augusta - Richmond County
I ~/"1 .. j>8/30/200615:18:23.02
" Elaine C. Johnson
Clerk of Superior Court
RICHMOND COUNTY ATTORNEY
701 GREENE ST
SUITE 104
AUGUSTA, GA 30901
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SUBDIVISION: SANDERLING, PHASE TWO
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Grebe Court is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Richmond County desires to make Grebe Court a part of its County Road
System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Ric1unond County
Commission-Council of Richmond County, Georgia, that Grebe 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 Sanderling Drive
(b)
Extending approx. 180' NW to and
including cul-de-sac
Length of road to nearest 1/100th mile:
0.03 mile
(c)
Width & type of road surface:
(d)
31 f1. from back of curb to back of curb;
type E asphalt
Right-of-Way:
60 foot
The Augusta-Richmond County Commission-Council is hereby directed to fOlWard a
cel1i fled copy of this resolution to: Georgia Department of Transportation, Road Inventory Section
District 2, Post om ce Box 8, T ~i11 e, Georgia tI 089.
Adopted this ~ day of fj!i, vtl-
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AttesJJ;IIJIc~/
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AUGUSTA-RICHMOND COUNTY
COM~I71ION .
BY lX'lk(.~
~ Mayor
Filed in this office:
Augusta - Richmond County
08/30/2006 15:18:23.03
----
Elaine C. Johnson
Clerk of Superior Court
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