HomeMy WebLinkAboutWyatt Development Co
Augusta Richmond GA
DOCUMENT NAME: W ya ++ Deuel{) ptnU11- W.
DOCUMENT TYPE: 'Ue d
BOX NUMBER:
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FILE NUMBER:
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/5
LARRY E. SCONYERS
Chairman
FREDDIE L, HANDY
Vice-Chairman
BOfiRDOf IC'Olo/IlY[[SSIT,ONERS
HENRY H, BRIGHAM
JERRY BRIGHAM
Wm, 'WILLlE' H, MAYS, III
LEE NEEL, III
J, B, POWELL
MOSES TODD
ROOM 605 'CITY"COUNTY MUNICIPAL SLOG, (11)
LINDA W, BEAZLEY
County AdmlnlsUator
,
AUGUSTA, GEORGIA 30911
APPROVED c, ,(706) 821'2488
Fax ~o, (706) 722-5984
,JUN 4
WALTER S, HORNSBY. III
Ass!. County Admlnlstrato,
1996
May 22,
(AUGUSTA.RICHMOND COUNTY
COIrIMISSIONU
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JAMES B, WAU
County Attorney
Reply To:
p, 0, BOX 2125
Auguste. GA 30903
Mr. Charles Dillard
Interim Administrator - Operations
8th Floor, City-County Bldg.
Augusta, GA 30911
RICHMON!) Cr:Gi'H'=' . ,'_, _
'O"I"S,,,.').!r~" li-,."t
BOARD Of L ", .11, ~"'..J:H:,..; ~",'
Dear Charles:
I am enclosing a copy of a letter from John Flynt,
together with the originals of the Deed of Dedication, Maintenance
Agreement, and a Quit-Claim Deed on that portion of the road being
exchanged pursuant to an agreement that was previously approved by
the Board of Commissioners, a copy of which is also enclosed
herewith for reference~
Please have this placed on the Engineering Services
Committee's agenda for their consideration,
Thanking you and with best personal regards, I am
JBwjsjp
truly, i
Enclosures
LESTER. LESTER Be FLYNT
ArroRNOS AND COUNSnJ..ORS AT LAw
1007 BROAD STREET
AUGUSTA, GEORGIA 30901-1 1 19
706f722-0254
FAX No, 706f722,2364
J....ES l- L.EST!:"
JOHN J, F'L YNT, III
WILLIAM M. LE..STER
1919.198:5
May 22, 1996
VIA: HAND DELIVERY
Mr. James B. Wall
Burnside, Wall, Daniel,
Ellison & Revell
Attorneys at Law
454 Greene street
Augusta, Georgia 30901
Dear Jim:
As we have previously discussed, enclosed please find a Deed
of Dedication and two copies of the Road Maintenance Agreement in
connection with the new Wal-Mart Shopping center on Deans Bridge
Road. I would appreciate your having the dedication of this road
placed on the appropriate agenda so that we may have it dedicated
as soon as possible. Also, enclosed is a quit claim deed from
Richmond County to the developer, in connection with the
abandonment of the old road, which is being replaced by the new
road being dedicated.
If you need for me to attend any of the meetings to present
these matters, I would appreciate if you would advise me so that I
may make arrangements to be present.
Very truly yours,
By:
JJF:III/etp
Enclosures
STATE OF GEORGIA
DEED OF DEDICATION
COUNTY OF RICHMOND
WHEREAS, LCW of Augusta, L.L.C., a South Carolina limited
liability company ("Developer"), having its principal office at
1080 Silver Bluff Road, Aiken, Aiken County, South Carolina 29803,
owns a tract of land in Richmond County, Georgia, described in
Exhibit "A" attached hereto and made a part hereof (the "New Road
Property") upon which Developer has construction a road (the "New
Road")'
WHEREAS, it is the desire of Developer to Deed the New Road
Property and the New Road and related improvements constructed on
the New Road Property (the New Road and such related improvements
being called the "New Road Property Improvements") to Richmond
County, Georgia, a political subdivision acting by and through its
Commission/Council for maintenance and control;
WHEREAS, Richmond County, Georgia has consented and agreed to
control and maintain the New Road Property and the New Road
Property Improvements, subject, however, to the terms of that
certain Agreement to be executed contemporaneously herewith by and
between Developer and The County of Richmond providing for the
maintenance of the New Road Property and the New Road Property
Improvements for a period of twelve (12) months after the date of
said Agreement;
NOW, THEREFORE, this Indenture made this ~ -t- k day of
~I~ L , 1996, between Developer and Richmond County,
Georgi, a political subdivision acting by and through its
Commission/Council, a county of the State of Georgia, organized and
existing under the laws of that State, as aforesaid, hereinafter
referred to as "The County".
W X T B E SSE T H:
That said Developer, for and in consideration of the sum of
One and no/l00ths (1.00) Dollars, to it in hand well and truly paid
by The County, at and before the sealing and deli very of the
presents, the receipt of which is hereby acknowledged, and for the
further consideration of the benefits to its proeprty by the
maintenance of the New Road Property and the New Road Property
Improvements by The County, has and by these presents does grant,
bargain, sell and confirm unto The County, its successors and
assigns, the New Road Property as described in Exhibit "A" attached
hereto and the New Road Property Improvements. The New Road
Property is shown on a plat prepared for Developer by Southern
Partners, Inc. dated August 17, 1995, a copy of said plat being
recorded in the office of the Clerk of Superior Court of Richmond
County, Georgia, in Realty Reel , Page , and
being incorporated herein by reference and made a part of this
description.
TO HAVE AND TO HOLD the New Road Property and the New Road
Property Improvements, together with all and singular the rights,
members, appurtenances thereof to the same being, belonging, or in
any wise appertaining to the only proper use, benefit and behoof of
The County, its successors and assigns, forever in fee simple.
AND the Developer, its successors and assigns, will warrant
and defend the right and title to the above described property to
The County, its successors and assigns, against all claims of all
persons whomsoever. '
IN WITNESS WHEREOF, the Developer has caused these presents to
be executed by its authorized officer who has affixed his hand and
seal the day and year first above written.
LCW of Augusta, L.L.C., a South
Carolina limited liability
company
BY: Wyatt Development Co., Inc.
its manager
:~e:~~tt
Title: President
Signed, sealed and delivered
in he presen e of:
/ I-I ,..t5U)CbJ..
Accepted
by and
ichmond County, Georgia
hits ission/.council
Prepared by:
John J. Flynt, III
Lester, Lester & Flynt
1007 Broad Street
Augusta, Georgia 30901
EXHIBIT "An
ALL that tract or parcel of land, with improvements
thereon, situate, lying and being in the state of
Georgia, County of Richmond, being known and designated
as Tract "B" in the 119th G.M.D. of Richmond County,
Georgia, containing 2.52 acres, as being shown on a plat
prepared for LCW of Augusta, L.L.C. by Souther Partners,
Inc. dated August 17, 1995. Said plat being recorded
simultaneously herewith in Realty Reel , Page
. Reference being made to said plat for a more
complete and accurate description as to the metes, bounds
and location of said property.
l
STATE OF GEORGIA
COUNTY OF RICHMOND
THIS AGREEMENT, entered into this .y .tM..... day of g ,Lt<.-L
1996, by and between LCW of Augusta, L.L.C., a South Carolina
limited liability company, hereinafter referred to as "Developer",
and Richmond County, Georgia, a political subdivision of the State
of Georgia, acting by and through its Commission/Council
hereinafter referred to as "The County";
WHEREAS, Developer requested that the Richmond County
Commission/Council accept certain roads, storm drains, water
distribution system shown as Tract "B", 2.52 acres on a plat
prepared for Developer by Southern Partners, Inc., dated August 17,
1995, and which plat is recorded in the Office of the Clerk of the
Superior Court of Richmond County, Georgia in deed reel
, page
WHEREAS, Richmond County has adopted a policy requiring the
Developer to maintain all installations laid or installed in the
subdivision for a period of twelve months, which the County 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) The County accepts the roads, storm drains, and water
distribution, and appurtenances, respectfully described in the
"Deed of Dedication" contemporaneously tendered herewith to
Richmond County Commission/Council, which deed is recorded in the
office of the 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 twelve months from the months from the date herein.
(3) The Developer agrees that if during said twelve 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
County shall notify the Developer and set forth in writing the
items in need of repair. The Developer should present wi thin
fifteen business days its proposed plan of repair and shall have
the repairs completed at a reasonable time.
(5) In the event of an emergency, as determined by the
county, and the Developer is unable to respond in a timely manner,
the county 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 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 the County shall proceed to have the
necessary correcti ve work done, and the Developer agrees to be
responsible to the County for payment in full of the costs of
repairing the improvements due to failure of material or poor
workmanship as liquidated damages.
, ,
, '
. .'....
: 0~"",
XN WXTNESS WHEREOF, Developer has.hereuntos~t'its'hand and
seal and the County has caused the execution of the agreement by
and through its duly authorized officer and agents, with its seal
affixed, the day and year first above written.
LCW of Augusta, L.L.C., a South
Carolina limited liability
company
BY: Wyatt Development Co., Inc.
its manager
:~e: w~tt44
Title: President
(L. S. )
(L. S. )
county,
Y7~~ U W~
At~~st: C erk of Commission,-Council
DEfJIJTY
,
STATE OF GEORGIA
COUNTY OF RICHMOND
THIS AGREEMENT, entered into this .Llt-k.- day of CU~
1996, by and between LCW of Augusta, L.L.C., a South Carolina
limited liability company, hereinafter referred to as "Developer",
and Richmond County, Georgia, a political subdivision of the State
of Georgia,
acting by and through its Commission/Council
hereinafter referred to as "The County";
WHEREAS, Developer requested that the Richmond County
Commission/Council accept certain roads, storm drains, water
distribution system shown as Tract "B", 2.52 acres on a plat
prepared for Developer by Southern Partners, Inc., dated August 17,
1995, and which plat is recorded in the Office of the Clerk of the
Superior Court of Richmond County, Georgia in deed reel
, page
WHEREAS, Richmond County has adopted a policy requiring the
Developer to maintain all installations laid or installed in the
subdivision for a period of twelve months, which the Countypccepts
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) The County accepts the roads, storm drains, and water
distribution, and appurtenances, respectfully described in the
"Deed of Dedication" contemporaneously tendered herewith to
Richmond County Commission/Council, which deed is recorded in the
office of the 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 twelve months from the months from the date herein.
(3) The Developer agrees that if during said twelve 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
County shall notify the Developer and set forth in writing the
items in need of repair. The Developer should present within
fifteen business days its proposed plan of repair and shall have ,
the repairs completed at a reasonable time.
(5) In the event of an emergency, as determined by the
County, and the Developer is unable to respond in a timely manner,
the County shall be authorized to erect barricades, traffic
direction devices and such other temporary measures ps are
necessary to remedy the emergency nature of the problem 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 the County shall proceed to have the
necessary correcti ve work done, and the Developer agrees to be
responsible to the County for payment in full of the costs of
repairing the improvements due to failure of material or poor
workmanship as liquidated damages.
IN WITNESS WBEREO~, Developer has hereunto set its hand and
seal and the County has caused the execution of the agreement by
and through its duly authorized officer and agents, with its seal
affixed, the day and year first above written.
LCW of Augusta, L.L.C., a South
Carolina limited liability
company
BY: Wyatt Development Co., Inc.
its manager
~~~e:~~
Title: President
(L. S.)
(L.S.)
County,
nQ,..~ ~l 1S?~
Attest: C erk of Commission-Council
f)t!N7'I
STATE OF GEORGIA,
County of RICHMOND
. .
QUIT-CLAIM
THIS
INDENTURE,
made
this
~tk..-
day
of
~ LA.---L
Hundred and Ninety
in the Year of our Lord One Thousand Nine
six, between Richmond County, Georgia, a
political subdivision of the state of Georgia, acting by and
through its commission/council, of the fi,rst part, and LCW of
Augusta, L.L.C., a South Carolina limited liability company of the
State of South Carolina and County of Aiken, of the second part,
WITNESSETH: That the said party of the first part, for and in
consideration of the sum of Ten and no/100ths ($10.00) DOLLARS in
hand paid, the receipt whereof is acknowledged, has bargained,
sold, and by these presents does remise, convey and forever QUIT-
CLAIM to said party of the second part, its successor and assigns,
to following, to-wit:
ALL that tract or parcel of land, with improvements
thereon, situate, lying and being in the State of
Georgia, County of Richmond, being known and designated
as Tract "A" in the 119th G.M.D. of Richmond County,
Georgia, containing 0.81 acres, as being shown on a plat
prepared for LCW of Augusta, L.L.C. by Souther Partners,
Inc. dated August 17, 1995. Said plat being recorded
simultaneously herewith in Realty Reel , Page
Reference being made to said plat for a more
complete and accurate description as to the metes, bounds
and location of said property.
TO HAVE AND TO HOLD the said described premises to the said
party of the second part, so that neither the said party of the
first part nor its successors or assigns, nor an other person or
persons Claiming under it shall at any time, by any means or ways,
have claim or demand any right or title to the aforesaid described
premises or appurtenances, or any rights thereof.
IN WITNESS WHEREOF, said party of the first part has caused
these presents to be executed by its off icer (s) and its seal
hereunto affixed, the day and year first above written.
(SEAL)
Yl~ LJ
AtJ;~st: Cl rk of
lJE.PlJTY
SIGNED, SEALED AND DELIVERED
in the presence of:
Yn~ (SEAL)
Co~mission-Council
Notary PUblic, Richmond County, Georgia
My commission expires:
ROAD CONSTRUCTION, RELOCATION, AND DEDICATION AGREEMENT
J
This Road Construction, Relocation, and Dedication Agreement (this "Agreement") is
mHdi: ann entered into this /;( iN day of Jti~~",,,,:,/, , 1995, by and betwC:t:::n T ,CW of
Aug'Uii~ L.L.C., Ii South Carolina limited liability company ("Developer"), and Richmond
County, Georgia ("Richmond County").
RECITALS
A. Developer is the assignee under various contracts to purchase certain tracts of
land located in Richmond County, Georgia approximating 33.27 acres (the "Property"), on a
portion of which Developer will construct a shopping center (the "Shopping Center").
B. A portion of the public road known as Glennwood Drive (such portion being
herein called the "Old Road") is located on the land described in Exhibit A attached hereto and
made a part hereof (the "Old Road Property"), which land is part of the property on which
Developer desires to construct the Shopping Center, Developer desires to relocate this portion
of Glennwood Drive to the perimeter of the proposed Shopping Center by constructing a new
road (the "New Road") over and across the property described in Exhibit B attached hereto
and made a part hereof for all purposes (the "New Road Property"), which is part of the
Property, in accordance with the plans and specifications therefore that are attached hereto
as Exhibit C or such subsequent version thereof that may be approved by Developer and
Richmond County (the "Plans"), and dedicating the New Road Property and the New Road to
Richmond County, In consideration of such construction and dedication, Richmond County
desires to convey to Developer, upon completion of construction of the New Road and the
dedication of the New Road Property to Richmond County, the Old Road Property.
AGREEMENTS
Now therefore, for and in consideration of the mutual promises, undertakings and
agreements set forth herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by each of the parties hereto, Developer and
Richmond County agree as follows:
1. Undertaldnl!s bv Developer.
A. Upon the latter to occur of (i) execution of this Agreement and (ii)
the acquisition of the Property by Developer, Developer shall cause the New
Road to be constructed in accordance with the Plans.
B, Upon the completion of the construction of the New Road,
Developer shall (i) dedicate the New Road Property and the New Road to
Richmond County by deed substantially in the form attached hereto as
65670-00-002/ROAD AGMT/GAM V2
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Exhibit D and (ii) enter into a maintenance agreement with Richmond County,
in substantially the form attached hereto and made a part hereof as Exhibit E,
whereby Developer agrees to maintain the New Road for a period of twelve (12)
months commencing from the date oC dedication thereof to Richmond County.
I'
.r
"
~
2. Undertakinl!8 bv Richmond County. Concurrently with the dedication ofthe
New Road Property and the New Road to Richmond County, Richmond County shall convey
the Old Road Property and the Old Road to Developer by deed substantially in the form
attached hereto as Exhibit F.
3, IDl!hwav Encroachment Bonds. At any time or from time to time, Developer
shall post or cause to be posted any highway encroachment bonds required by any applicable
governmental agency (local, county, state or federal) related to the undertakings of Developer
under this Agreement.
4. Notices. Whenever any notice, request, demand or similar communication (a
-Notice") is required or permitted to be made or given under this Agreement, then the Notice
shall be given in writing and shall be deemed to have been served and given if (i) delivered in
person to the address set forth below for the party to whom the notice is given; (ii) placed in
the United States mail, postage prepaid, certified mail, return receipt requested and addressed
to such party at the address hereinafter specified (and Notice in such fashion shall be effective
on the third (3rd) business day after same has been mailed as described herein); or (iii) sent
by Federal Express or similar overnight courier service, prepaid and addressed to such party
at the address hereinafter specified for next business day delivery {and such Notice shall be
deemed given when delivered to the appropriate address}:
LCW of Augusta, L.L.C.
1080 Silver Bluff Road
Aiken, South Carolina 29803
Attn: Mr. Stephen Rainer
Copy to:
Kepes & Associates
1080 Silver Bluff Road
Aiken, South Carolina 29803
Attn: Arthur J. Kepes, Esq,
Richmond County
c/o Linda W. Beazley
County Administrator
601 City County Building
Augusta, Georgia 30901
Copy to:
Burnside, Wall, Daniel, Ellison & Revell
454 Greene Street t
Augusta, Georgia 30901
Attention: James Wall, Esq.
5. General Provisions.
A. This Agreement shall be governed by and construf:d in accordance
with the laws of the State of Georgiu. DevrJopp.r Ilgl t't~3 L1wl tH1Y legal
proceedings concerning or arising in connection with this Agreement shall be
hrought in the applicable state or federal courts in the Slate of Geurgiu, l:ind
Developer \'\'aives the right to sue or be sued elsewhere.
65670-00-002jROAD AGMTjGAM V2
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B. The captions in this Agreement are for convenience only, shall in
no way define or limit the scope or content of this Agreement, and shall not be
considered in any construction or interpretation of this Agreement or any part
hereof.
C. This Agreement shall inure to the benefit of and be binding upon
Developer and Richmond County and their respective successors, assigns, and
legal representatives.
D. This Agreement, including the Exhibits attached hereto,
constitutes the entire agreement and understanding of the parties relating to
the subject matter hereof. The Exhibits attached hereto are fully incorporated
herein by reference and made a part hereof for all purposes.
In witness whereof, Developer and Richmond County have executed this Agreement by
and through their authorized representatives effective as of the day and year first above
written.
A TrEST:
DBVBT ,OPER
LCW of Augusta, L.L,C., 11 South Carolina limited liability
compony
By: Wyatt Development Co. Inc.,
its mprla~e;L ~,;'l'"
By: /./{ . {. ~ : /1:. i "
Name: Weldon :-1:: Wya!t
Title: President
BOARD OF COMMISSIONERS OF
:~o~
N.ame: r:t _ Sc nyers '
Title: Chairman
~
Linda W. Beazley
County Administrator
65670-00-002/ROAD AGMT/GAM V2
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