HomeMy WebLinkAboutWALTON ACRES SUB SECTION IV
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County Attorney's Office
701 Greene St. I Suite 104
Augusta, GA 30901
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Book 01074:2460 Augusta - Richmond County
200604071408/30/2006 15:51 :56.06
$0.00 WARRANTY DEED
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2006040714 Augusta _ Richmond County
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STATE OF GEORGIA ) DEED OF DEDICATION
COUNTY OF RICHMOND ) 'FOR Walton Acres, Section IV ~
(Utility Water) ^ J ~bG.
THIS INDENTURE, made and entered into this i~ day of rrc/'ivu"'- .~ between
the Southern Speciality Development Co., 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:
THA T the said Party of the First Part, for and in consideration of the sum of Ten Dollar
and no/1 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 _Southern Speciality Development Co._by)ames G.
Swift & Associates dated June 14, 2002 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 01074:2461 Augusta - Richmond County
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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 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.
2
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Book 01074:2462 Augusta - Richmond County I
200604071408/30/2006 15:51:56.06
WHENEVER there shall be more than one grantor, the phrase "Party of the First Part" and
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:
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Itness
evelopment Co.
Acres, Section IV
'1ltn. t.fL,I. ') JJI1J ri ClAt
Notary Public '.'
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Accepted by:
AUGUST A, GEORGIA
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Return to: '
County Attorney's Office
701 Greene St., Suite 104
AUQusta, GA 30901
ST A 1'E OF GEORGIA
COUNTY OF RICHMOND
Book 01074:2452 Augusta - Richmond County
200604070808/30/2006 15:51 :56.00
$0.00 WARRANTY DEED
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200~4O708 Augu~a :. ~ic~mond Co~nty _ _
DEED OF DEDICA TldN
(Road and Storm Drainage)
WHEREAS, Southern Specialty Development Company, Inc. owns a tract of land in
Richmond County, Georgia known as Walton Acres Subdivision Section IV, 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 2.50 acre drainage and utility right of way, and;
WHEREAS, it is the desire of Southern Specialty Development Company, Inc. to deed the
storm drainage system, water distribution system, road and street system, and 2.50 acres drainage and
utility right of way to Augusta, Georgia, a political subdivision acting by and through its Commission
for maintenance and control; and
WHEREAS, a plat of Walton Acres Subdivision Section IV, prepared by James G. Swift &
Associates, dated June 14, 2002 has been recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia in.J~~ /)o8;:l} page ;)../ l./5'; 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
2.50 acre drainage and utility right of way.
NOW. THEREFORE, this indenture made this e day of 11-(/1-<.f I- ,~~y
Southern Speciality Development Company, Inc. 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 no/lOO ($10.00)
Dollars, to it in hand well and truly paid by the said party ofthe 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 and 2.50 acre drainage and utility right of way 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:
,
Book 01074:2453 Augusta - Ric~mo~d-County
2006040708 08/30/2006 15:51 :56.00
..:
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 and 2.50 acre
drainage and utility right of way. This deed is subject to any utility 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,
road and street system and 2.50 acres drainage and utility right of way 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 2.50 acres drainage and utility right of way, 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 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 of the first part has hereunto set their ands and affixed
their
seals the day and year first above written.
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Signed, sealed and delivered
in the presence of:
Prepared by:
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Richmond County
464 Augusta -
Book 01074:2 200615:51:56.07
Q06040715 08/301
2 0 AGREEMENT 11\11\1111\
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Return to:
County Attorney's Office
701 Greene St., Suite 104
Augusta, GA 30901
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
(Utility Water)
THIS AGREEMENT, entered into this )(.3- day of Av1<AS r , <?P~ by and between
the Southern Speciality Development Co., Walton Acres SID, Section IV hereinafter referred to 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 10 ') tf Page ~ t.e () _; 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 Commission, recorded in the office.ofthe Clerk ofthe Superior Court of
Richmond County, Georgia, in Realty Reel 10 '7 { Page _ d t./ 4? () .
(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. .
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Book 01074:2465 Augusta - RiCh~o;~~ounty --
2006040715 08/30/2006 15:51 :56.07
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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 ofthis 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:
'ty Development Co.
tion IV
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Accepted by:
AU~U~TA, GEORGIA
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Attest: . ~
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Filed in this office:
Augusta - Richmond County
08/30/2006 15:51 :56.07
Elaine C. Johnson
Clerk of Superior Court
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Retum,to:,::-" "
eounty Attorney's Office
701 Greene St., Suite 104
Augusta, GA 309nl
STATE OF GEORGIA
~
Book 01074:2454 Augusta - Richmond County
2006040709 08/30/2006 15:51 :56.01
$0.00 AGREEMENT
111111111111111111111111111111111111111111111111111111111111
_2006040709 Augusta - Richmond County .J
-- - MAINTENANCE'AGREEMENT'
COUNTY OF RICHMOND (Road and Storm Drainage)
IJ
THIS AGREEMENT, entered into this I~ day of ~ 200il; by and between
Southern Specialty Development Company, Inc., hereinafter referred to as "Developer", and
AUGUST A, 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, and 2.50 acre drainage and utility right of way and
appurtenances for Walton Acres Subdivision Section IV 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 1014, page r:2 'f,j-J... , 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, 2.50 acre drainage and utility
right of way 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 101-4,
page 0<.1./5 JJ..
(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
ooor workmanshio. the Develooer shall be resoonsible for adeauate maintenance and reoair.
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Book 01074:2455 ~ugusta - Richmond County l'
2006040709 08/30/2006 15:51 :56.01
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(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.
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Southern Specialty Developm~~~mpah~; \1:;\6.,
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AUGUSTA, GEORGIA cOMrvnsSIo'N
ATTEST:
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;OVID ~s Its Mayor
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ler of C ission
Prepared by:
James F. Findlay
1557 Gordon Highway Suite D
Augusta, Georgia 30906
RICHMOND COUNTY ATTORNEY
701 GREENE ST
SUITE 104
AUGUSTA, GA 30901
SUBDIVISION: Walton Acres, Section IV
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Kim Court is an existing road in Richmond County, Georgia, open to public
usage; and
WHEREAS, Richmond County desires to make Kim 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 Kim 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 Rilev Court
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Extending approx. 280' E to and
including cul-de-sac
(b) Length of road to nearest l/lOOth mile:
(c) Width & type of road surface:
31' from back of curb to back of curb;
Type E asphalt surface
(d) Right-of-Way:
60 foot
The Augusta-Richmond County Commission-Council is hereby directed to fOlWard a
certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section
District 2, Post Office Box 8, Tennille, Georgia ~89.
Adopted this ~ day of tJ-V'1 cA1 f
,200' .
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AUGUSTA-RICHMOND COUNTY
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Mayor - - - - - - - - - - -
Filed in this office:
Augusta - Richmond County
08/3012006 ..15:51 :56.02
Elaine C, Johnson
Clerk of Superior Court
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RICHMOND COUNTY ATTORNEY
701 GREENE ST
SUITE 104
AUGUSTA, GA 30901
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SUBDIVISION: Walton Acres, Section IV
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Lisa Lane is an existing road in Richmond County, Georgia, open to public
usage; and
WHEREAS, Richmond County desires to make Lisa Lane a part of its County Road
System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission-Council of Richmond County, Georgia, that Lisa Lane 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 Cul-de-sac approx. 200'
W of Mitchell Place
Extending AlJProX. 1.127' NE and E to and
including cul-de-sac at opposite
end of Lisa Lane
Length of road to nearest 1/100th mile:
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(b)
0.21 mile
(c)
Width & type of road surface:
(d)
31' from back of curb to back of curb;
Type E asphalt surface
Right-of-Way:
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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, TWUe, Georgia ~ 1 089.
Adopted this L day of fiv'ft/llt-
,200fR .
AUGUSTA-RICHMOND COUNTY
COMMIS~ION
:~ {}APY: CAJ::{4. ~
, (l'(/ (J Mayor t
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I RICHMOND COUNTY ATTORNEY
701 GREENE ST
SUITE 104
AUGUSTA, GA 30901
SUBDIVISION: Walton Acres, Section IV
RESOLUTION ADDING ROAD TO THE
AUGUSTA-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Mitchell Place is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Richmond County desires to make Mitchell Place a part of its County Road
System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission-Council of Richmond County, Georgia, that Mitchell Place 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 Mitchell Place
(approx. 250' N of Spirit Creek Rd.)
Extending aoprox. 1,110' NW to deadend
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(b)
Length of road to nearest 1/1 OOth mile:
0.21 mile
(c)
Width & type of road surface:
31' from back of curb to back of curb:
Type E asphalt surface
Right-of-Way:
(d)
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 L day of frv1.,J-
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AUGUSTA-RICHMOND COUNTY
COMM1S~O~ III
BY: ( x.~
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Filed in this office:
Augusta - Richmond County
08/30/2006 15:51 :56.0~ _~_
Elaine C. Johnson
Clerk of Superior ~o~rt
RICHMOND COUNTY ATTORNEY
701 GREENE ST
SUITE 104
AUGUSTA, GA 30901
SUBDIVISION: Walton Acres, Section IV
RESOLUTION ADDING ROAD TO THE
AUGUST A-RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Riley Court is an existing road in Richmond County, Georgia, open to public
usage; and
WHEREAS, Richmond County desires to make Riley 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 Riley 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 Lisa Lane
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Extending approx. 720' NW to and
including cul-de-sac
Length of road to nearest 1/100th mile:
(b)
0.14 mile
(c)
Width & type of road surface:
31' from back of curb to back of curb;
Type E asphalt surface
Right-of-Way:
(d)
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, po.. st. Office Box 8, T~lle, Georgia j\089.
" ,', ,,',,' " :,Adopted this L day of t11-vv-r
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AUGUSTA-RICHMOND COUNTY
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BY, U Y;'4~
yJ ~Mayor _
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Attest:
Filed in this office:
Augusta - Richmond County
08/30/2006 15:51 :56.05
--Elaine C. Johnso~-
Clerk of Superior Court
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