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HomeMy WebLinkAboutScott Higgins and Robert L. Meybohm DOCUMENT NAME: S c.o+r DOCUMENT TYPE:'~ YEAR: ~DO BOX NUMBER:O) FILE NUMBER: \ L-fi7J NUMBER OF PAGES: \~ Augusta Richmond GA H-i33in'S OJ'oI 12obCV-\- 1..-. 1'1 e~ 100 h l'YI '.... ~ ~ ,.'-<' " .<::.. .', 'i.: ,..g . .0jL ~ \ r Book 00680:0566 Clerk of Superior Court, Rich~ond C~~ . 200000755303/171200016211400 : 'rD"iiii\iimM~\"WflmU\ini"fiMiii\ii i\\\\iii . d C ty ! 2000007553 Clerk of Supenor Court, Rlchmon oun STATE OF GEORGIA I .. ~; kETURN TO: Harry D. Revell 454. Greene St. . , COUNTY OF RICHMOND DEED OF DEDICATION WHEREAS, Scott Higgins and Robert L. Meybohm, individuals residing in the State of Georgia own a tract of land in Richmond County, Georgia.known as South Park Commons and in the building of a. housing subdivision on said tract, it has laid out a 50 foot public right-of-way known as South Park Drive, and road and street system, and; WHEREAS, it is the desire of Scott Higgins and Robert L. Meybohm, to deed the 50 foot public right-of-way, known as South Park Drive, and road and street system, to Augusta, Georgia, a political subdivision acting by and through its Commission for maintenance and control; and WHEREAS, a plat of South Park Commons has been prepared by Cranston, Robertson & Whitehurst for Bobby Meybohm and Scott Higgins dated August 29, 1988, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Reel 296, page 1775; 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 50 foot public right-of-way known as South Park Drive and road and street system. NOW, THEREFORE, this indenture made '1'~ this : ,..' day of ~ 2000 by Scott Higgins and Bobby L. Meybohm, hereinafter referred to a,s. 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 par t , _ _____ '.. _.____,_ _.~C""". _---:-- ~~ . , W'I'T N E SSE T H That the party of the first part for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, to it in hand well and truly paid by the said party of the second part at and before the'sealin~ ~nd delivery of ,these presents, the .. "\ (' ,i , Book 00680:0567 Augusta-Richmond County ; 200000755303/17/2000 16:21 :14.00 \ ;' ..-, ~.~. .~;. . ...:;,..... .. t- j- P.- receipt of which is hereby acknowledged and for the further '. consideration of the benefits to its property by the maintenance of said 50 foot public right-of-way known as South Park Drive, and 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 5Q: foot public right-ot-way known as South Park Drive, and road and street system as the same are now located and existing in South Park Corrunons as shown on a plat of said subdivision which plat was prepared by Cranston, Robertson & Whitehurst for Bobby Meybohm and Scott Higgins, dated August 29, 1988, which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Reel 296, Pages 1775-1780. Together with all of the necessary rights of ingress and egress for the purpose of maintaining the described 50 foot public right-of-way known as South Park Drive, and road and " .. \~~ ~ street system. This deed ~~s subject to any utility easements r-.{ ...,,, 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 50 foot public right-of-way known as South Park Drive and road and street system herein conveyed for the purpose of the maintenance and installation , of power lines for the transmission of electricity, telephone lines, and gas lines '~::~u ..:} for the purpose of serving said subdivision and the property adjacent thereto. TO HAVE AND TO HOLD said 50 foot public right-of-way known as South Park Drive and road and street system together wi th 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 4~. ~, said party of the second;), part, its successors and assigns forever in fee simple,. .o;..~ -~ -- . 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 ~t.. i>"Jo. ;,;;-, ""41' . , . .- ~ .":.' ( ,\ ;. .f"~:~~' p"'" l '\ Book 00680:0568 Augusta-Richmond County I 2000007553 03/17/2000 16:21 :14.00 I l;-=-r ,; persons whosoever. :~~~= IN WITNESS WHEREOF, the party of the first part has \.. affixed their 'seals the day and bove written. . and delivered 07/23/00 and deliv.ered , ;:'/" llM/M~ ~ -c; to, - .~. \ ~~) Augusta, Georgia, its corrunission by: Prepared by: James F. Findlay 1557 Gordon Hig~way Suite D Augusta, Georgia 30906 t. Filed in this office: Augusta-Richmond County 03/17/200016:21'1400 Elaine C. Johnson \ , 6b ( , - Book 00680:0569 Clerk of Superior Court, Richmond Cou, . 200000755403/171200016:2114,01 I $0.00 AGREEMENT iiiilliililli iiiii iilii iilli iiiii iilii liiii iilii ilill iiilliil ') I 2000007554 Clerk of Superior Court, Richmond County I RETURN TO: Harry D. Revell 454 Greene St. :'", ,-p 1 STATE OF GEORGIA '. COUNTY OF RICHMOND MAINTENANCE AGREEMENT THIS AGREEMENT, entered into this1if- -day of : (!Ihcfr:i', 2000, by and between Scott Higgins and Robert L. Meybohm, hereinafter referred to as "Developer", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through its commi s s ion hereinaf ter ref erred to as "Augus ta ". ' WHEREAS, the Developer requests that Augusta, Georgia, Commission accept certain roads, and a 50 foot public right-of-way known as South Park Drive, for South Park Commons 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 ~4 pageS,"~ -S'=- Y , 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, and 50 foot public right-of-way known as South Park ,Drive, and appurtenances, respectfully described in the "Deed 'of Dedication" contemporaneously tendered herewith to Augusta, Georgia, Commission, which deed is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Real ty Reel '?O ,"page 5b" -54=>Y (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 Dev~loper shall be responsible for adequate maintenance and repair. "\, .. , '!"... (' ; Book 00680:0570 Augusta-Richmond County , I 200000755403/17/2000 16:21 :14.01 \ '. ' ~r- ,~ (4) In the event of such failure of the improvements, Augusta l- shall notify the Developer and set forth in writing the items in need of repair. The Developer should prese.nt 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 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. ~~~ ~ ' /7 ~,~vq~ Scott Higgins (L. S. ) (L. S. ) :Qy: ~~ as l1~ GEORGIA COMMISSION Ai;~t!$ ~) 4i erk of 0 iSS~ (L.S.) ~. Prepared by: James F. Findlay 1557 Gordon HighwaySuiten- Augusta, Georgia 30906 f "1 Filed in this office Augusta-Richmond County 03/17/2000 1621: 14 01 Elaine C. Johnson I 1 I ( I