HomeMy WebLinkAboutDEED OF DEDICATION WILLIAVEN, PHASE 11, SECTION 1 (WATER DISTRIBUTION SYSTEM AND GRAVITY SANITARY SEWER SYSTEM <� '� . * f i . . � . � .
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� � j Book 01305:1668 Augusta - Richmond County
2011026754 06/21 /2011 14:54:59.00
$0.00 WARRANTY DEED
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2011026754 Augusta - Richmond County
AFTER RECORDING, PLEASE RETURN
To: Augusta Law Department
501 Greene Street, Suite 302
Augusta, GA 30901-4415
(706)842-5550 K5t3
STATE OF GEORGIA
COUNTY OF RICHMOND
DEED OF DEDICATION
WILLHAVEN, PHASE II, SECTION 1
[Water Distribution System and Gravity Sanitary Sewer System]
WHEREAS, BRENT WILLHAVEN, LLC, a Georgia Limited Liability
Company, hereinafter known as "DEVELOPER", owns a tract of land in Richmond County,
Georgia, known as Willhaven, Phase II, Section 1, in the building of a housing subdivision on
said tract, has laid out a water distribution system and gravity sanitary sewerage system, in said
subdivision; and
WHEREAS, it is the desire of DEVELOPER, to deed the water distribution
system and the gravity sanitary sewer to AUGUSTA, GEORGIA, (hereinafter known as
"AUGUSTA"), a political subdivision acting by and through the Augusta-Richmond County
Commission for maintenance and control; and
WHEREA5, a Utility As-Built Plat of the above stated subdivision was prepared
by John Brewer & Associates, on June 17, 2010, said plat being recorded as an attachment to this
document, and to which reference is hereby made to said plat for a more complete and accurate
description as to the land herein described; and
WHEREAS, AUGUSTA, by and through the Augusta-Richmond County
Commission, has consented and agreed to accept and maintain said water distribution system and
gravity sanitary sewerage system; and
WHEREAS, DEVELOPER has agreed that neither AUGUSTA, nor any of its
departments, shall maintain individual �orce mains and/or grinder pumps and that said individual
force mains and/or grinder pumps shall remain private;
�� NOW, THEREFORE, this indenture made this / 7�day of �Q l' ,
� between DEVELOPER and AUGUSTA,
AUD 2010 �
"�'� '` Book 01305:1669 Augusta - Richmond County
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the same being, belonging, or in anywise appertaining to the only proper use, benefit and behoof
of AUGUSTA, its successors and assigns farever.
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 WITNESS WHEREOF, DEVELOPER has hereunta set its hand and affixed
its seal the day and year first above written.
Signed, sealed and delivered in BRENT WILLHAVEN, LLC
the presence of
�_r�..c�q�t� �-ES'��A,�.-S By: ,
Witness Bren carbrough
���� 1���-� As Its Member
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Notary Public
State of �-�-'�' i �- By: �=�-'"`
�� Robert F. Rolader . � �
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County of �- �C-�-�- t � � i
As Its Manager � � �_; �� ��,� _
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My Commission Expires 5' 2l ' I�j � �
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���'�IIII�IIN�� ` By �
David S. Cope aver
� �S'� As its Mayor
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' Book 01305:1670 Augusta - Richmond County
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WITNESSETH:
That DEVELOPER, for and in consideration of the sum of Ten and no/100
($10.00) Dollars, to it in hand well and truly paid by AUGUSTA, at and before the sealing and
delivery of these presents, the receipt of which is hereby acknowledged and for the further
consideration af the benefits to its property by the maintenance of said water distribution system
and gravity sanitary sewerage system, by AUGUSTA, has and does by these presents, grant,
bargain, sell and confirm unto AUGUSTA, its successors and assigns, the following, to-wit:
Exclusive 20 foot easement(s) in perpetuity aver the water
distribution system and the gravity sanitary sewerage system, as
shown on the aforementioned plat.
Together with all of the necessary rights of ingress and egress for
the purpose of maintaining, expanding, repairing, adding,
constructing, installing, extending, operating, replacing, laying and
relaying pipelines carrying and transporting Augusta's utilities
services.
DEVELOPER does further agrees that when construction or maintenance is
necessary, AUGUSTA may dig such trenches in said property, as may be necessary for the
project; to pile and store thereon the material excavated, and to haul and store pipe, supplies and
equipment connected with the construction and maintenance thereof, over, along, and across the
said property, along with the free right of ingress and egress to and from said permanent
easements for these purposes.
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 vegetatian that may interfere
with the constructing, laying, relaying, replacing, installing, adding, expanding, 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; and, if such prohibited trees,
vegetation, buildings structures, ar other permanent structures (hereinafter referred to as
"obstructions") are placed, built, planted within said permanent easements, such action will be
considered a violation of this agreement and Augusta shall have the absolute right ta
immediately remove, or have removed, such obstructions and shall bear no responsibility, or
liability, for said obstruction's value.
TO HAVE AND TO HOLD said water distribution system and gravity sanitary
sewerage system, together with all and singular, the rights, members, appurtenances thereof to
AUD 2010