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HomeMy WebLinkAboutSOUTHERN SPECIALTY DEVELOPMENT CO WALTON HILLS, PHASE 2 SECTION 8 (WATER DISTRIBUTION SYSTEM AND GRAVITY SANITARY SEWER SYSTEM) ., ` �'� ,�, � � , Book 01322:2014 Augusta - Richmond County '" � �;� '2�11 U9:29: �1.00 � LVIIV . ' � $0.00 WARRANTY DEED i iiiiii iiiii iiiii iiiii iiiii ii�i iiiii i� i�ii iiiifii�illi 2011045188 Augusta - Richmond County AFTER RECORDING, PLEASE RETURN TO: AUGUSTALAW DEPARTMENT 520 Greene Street AUGUSTA, GA 30901-4415 ksb STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION WALTON HILLS, PHASE 2, SECTION 8 [Water Distribution System and Gravity Sanitary Sewer System] WHEREAS, SOUTHERN SPECIALTY DEVELOPMENT COMPANY, INC., a company established under the laws of the State of Georgia, hereinafter known as "DEVELOPER", owns a tract of land in Richmond County, Georgia, known as WALTON HILLS, Phase 2, Section 8, and 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 WHEREAS, a Plat of the above stated subdivision was prepared by James G. Swift & Associates, on �c�,�, �..5 , 201 J�, said plat being recorded in Office of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Book � S(►�e13�Page(s���`� �, �+ C- and to which reference is hereby made 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 force mains and/or grinder pumps and that said individual force mains and/or grinder pumps shalLremain private; NOW, THEREFORE, this indenture made this � day of Q , 2011 between DEVELOPER and AUGUSTA, AUD 2011 �t ' � ° Book 01322:2015 Augusta - Richmond County � ' 201104518811I22/20 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 of 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 over 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 agree 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 vegetation that may interfere with the constructing, laying, relaying, replacing, installing, adding, expanding, extending, operating, repairing and maintaining o� 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, or 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 to 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 2011 R ♦ Y� � �� � Book 01322:2016 Augusta - Richmond County !� , , , �' �, 2011045188 11 /22/2011 09:29:11. 00 the same being, belonging, or in anywise appertaining to the only proper use, benefit and behoof of AUGUSTA, its successors and assigns forever. 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 WHER�:OF, DEVELOPER has hereunto set its hand and affixed its seal the day and year first above written. Signed, sealed and delivered in SOUTHERN SPECIALTY DEVELOPMENT COMPANY,INC. t� resence of ` __. � �,�---"---_..__ /,t � � R �� i � . 3 I,./t`:. 1J W tness �_� :x �' ,. �"� � � � ° As Its: - �` �`• `. �..�-��c .� ;, n ' Notary Public �y� �` �� �^��;� 4 ,�� ' � State of Georgia �: x" �:r `���-�'� Attest: �-c�--� G� � - ; � � �� . � > � , � � County of ' . _ �, , �; � �'` , ,.ti As Its: SECRETARY My Commission Expires: �c� �z frz' ACCEPTED BY: AUGUSTA GEORGIA B �� . Y• . ��� David S. Cop nhaver ��� As its Mayor Attest: lerk of Co ission - (SEAL) AUD 2011 Elaine C. Johnson Filed in this office: Augusta - Richmond County Clerk of Superior Court 11 /22/2011 09:29:11.00