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Home My WebLink AboutBRUKER DAVIS LLC DEED OF DEDICATION THE BROWNSTONES AT RAE'S CREEK GRAVITY SANITARY SEWER MAIN ONLY-PRIVATE STREETS-PRIVATE WATER DISTRIBUTION SYSTEM _, , � 4 � • � Book 01304:0831 Augusta - Richmond County 2011024713 O6/08l2011 16:44:17.00 $0.00 WARRANTY DEED i iiiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iini iiii iiii 201 1 02471 3 Augusta - Richmond County AFTER RECORDING, PLEASE RETURN ro: Augusta Law Department 501 Greene Street, Suite 302 Augusta, GA 30901-4415 (706)842-5550 STATE OF GEORGIA C�UN�'�' �JF �IC�-I11��ND DEED OF DEDICATION [Gravity Sanitary Sewer Main only-Private Streets-Private Water Distribution System] THE BROWNSTONES AT RAE'S CREEK Formerly Know As The Cottages at Rae's Creek WHEREAS, Bruker Davis, LLC, a Georgia Limited Liability Company, (hereinafter known as "DEVELOPER") owns a tract of land in Richmond County, Georgia, known as The Brownstones at Rae's Creek, and in the building of a housing subdivision on said tract, it has laid out a water distribution system and gravity sanitary sewerage main, in said subdivision; and WHEREAS, it is the desire of DEVELOPER, to deed said gravity sanitary sewer main to AUGUSTA, GEORGIA, (hereinafter known as "AUGUSTA"), a political subdivision acting by and through the Augusta-Richmond County Commission , for maintenance and control, reserving unto itself the maintenance and control of the storm drainage system and the road and street system; and WHEREAS, it is the further desire of the DEVELOPER that the water distribution system remain private and that the only respc,nsibility of AJ�USTA, in regard to said water distribution system will be the maintenance of the water meters; and WHEREAS, an As-Built sheet, of the above stated subdivision, has been prepared by H. Lawson Graham & Associates, Inc.., dated October 9, 2009, said As-Built sheet being attached hereto and recorded herewith, in the Office of the Clerk of the Superior Court of Richmond County, Georgia, to which reference is hereby made for a more complete and accurate description as to the systems herein described; and WHEREAS, AUGUSTA, by and through the Augusta-Richmond County Commission, has consented and agreed to accept and maintain said and gravity sanitary sewerage main; and Book 01304:0832 Augusta - Richmond County �� '-�' ' 2011024713 06/08/2011 16:44:17.00 , � WHEREAS, DEVELOPER has agreed that neither AUGUSTA, nor any of its departments, shall maintain individual force mains and/or grinder pumps and that said individual force mains and/or grinder pumps shall remain private. NOW, THEREFORE, this indenture made this � day of - 1J , ?.Q��f between DEVELOPER and AUGUSTA, �� WITNESSETH: That DEVELOPER, for and in consideration of the sum of Ten and no/100 ($10.G�Q) Ballars, to it in hand v��ell and truly paid by AiJG�JS�'�, at a.�d before the seal:r.g 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 gravity sanitary sewerage main, by AUGUSTA, has and does by these presents, grant, bargain, sell and confirm unto AUGUSTA, its successors and assigns, the following, to-wit: Exclusive easement(s) in perpetuity over the gravity sanitary sewerage main, as shown on the aforementioned as-built. Together with all of the necessary rights of ingress and egress for the purpose of maintaining the described gravity sanitary sewerage main. DEVELOPER, having elected to maintain the roads and streets as private streets, covenants that its (her/his) heirs, legal representatives, successors and assigns, shall repair, pave, or replace any private parking lot, road or street, or any portion thereof, through which AUGUSTA may excavate or perform other work in connection with repairs, construction, maintenance, or extension of its gravity sanitary sewerage main, and shall grant to the AIIGUSTA the necessary easement(s) in connection with such construction or extension. I�E��.LOFER further covenants that any repair work performed by AUGUSTA, or its agent, to said gravity sanitary sewer main, shall only be subject to the repair of the main and that all restoration shall be the responsibility of the DEVELOPER, its (his/her) heirs, legal representatives, successors and assigns. DEVELOPER also grants AUGUSTA the right, but not the duty, to clear and keep clear, all trees, undergrowth and other obstructions from said permanent easement, along with the right of free ingress and egress to and from said permanent easement for this purpose. DEVELOPER further agrees that no trees or other vegetation that may interfere with the laying, relaying, installing, extending, operating, repairing and maintaining of pipelines transporting and carrying utility services shall be planted on said easement(s) and that no buildings, structures, or other permanent improvements shall be erected, constructed, or maintained thereon. Book 01304:0833 Augusta - Richmond County 1 ` �� 2011024713 06/08/2011 16:44:17.00 TO HAVE AND TO HOLD said gravity sanitary sewerage main, 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 AUGUSTA, its successors and assigns forever in fee simple. AND DEVELOPER, its heirs, legal representatives, successors and assigns, will warrant and defend the right and title to the above described property, to AUGUSTA, its successors and assigns, against all claims of all persons whosoever. IN �I'I'NE�S WHERE(3F, DEV�Ll3�°ER r�as hereuntc set its hand an� affixed its seal the day and year first above written. BRUKER DAVIS, LLC Signed, sealed and delivered in By: `"' � Glynn B er 4 � " � AS 1tS: 'C�.,�� t> WITNESS � r � NOTARY � C �-i� County, Georgia i. ��"i. t;Y,��yc;� My Commission Expires: j- �� -� �Ix� , ,� �, k ACCEPTE;� �Y: �\ _� �1 �� v AUGUSTA GEORGIA ��''��OTq�� 'n � EXP Qi•25•�014 � � B : �,�� c � , �+,�� , �31.1 �Q' , Y � � r � ��I� Deke Cope aver ,/ '�A , ,,..,.,.,. ,.+1, y � . ,� � � As its Mayor . y ,;J�� -�j �� ., "" "' ^,,, r Attest � � "� f r�4� �+. .,', � Qs - �� d' k �� 4� �,.� .d�R 3� � �, . � 9 C c'� � � y� +? � � > r� � �. � �1: ' 1 � ;:. (�EAL) .; � Filed in this office: �.< <:;: �� Augusta - Richmond County `�� , 06 / 0 8/201116:44:17.00 �� ,�� ' Elaine C. Johnson `�.. ��.:�..� .� .�z.:... � Clerk of Superior Court _ _