HomeMy WebLinkAboutDYESS PARKWAY LLC UTILITIES DEED OF DEDICATION WATER DISTRIBUTION SYSTEM AND GRAVITY SANITARY SEWER MAIN ELDERBERRY SECTION 4 r ��, �� � Book 01322:1594 Augusta - Richmond County
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` $0.00 WARRANTY DEED
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2011045013 Augusta - Richmond County
AFTER RECORDING, PLEASE
RETURN TO:
AUGUSTA LAW DEPARTMENT
520 Greene Street
AUGUSTA, GA 30901-4415-�s�--���
STATE OF GEORGIA
COUNTY OF RICHMOND
UTILITIES DEED OF DEDICATION
Water Distribution System and Gravity Sanitary Sewer Main
ELDERBERRY, SECTION 4
WHEREAS, Dyess Parkway, LLC, a Georgia Limited Liability Company,
(hereinafter known as "DEVELOPER") owns a tract of land in Richmond County, Georgia,
known as ELDERBERRY, SECTION 4, and in the building of a housing subdivision on said
tract, it has laid out a water distribution system and a gravity sanitary sewerage main, in said
subdivision; and
WHEREAS, it is the desire of DEVELOPER, to deed said water distribution
system and 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; and
WHEREAS, a plat, of the above stated subdivision, has been prepared by James
G. Swift & Associates., dated �� p� �G 7 , 2011, said plat being recorded in the Office of the
Clerk of the Superior Court of Richmond County, Georgia, in Realty Book _�, Pages
`35 - i� i , ar.d ±o which refPrence is herPby made for a more comnlete 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 water distribution system and
gravity sanitary sewerage main; and
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WHEREAS, DEVELOPER has agreed that neither AUGUSTA, nor any of its
departments, shall maintain individual force mains and/or grinder pumps and/or lift stations and
that said individual force mains and/or grinder pumps andlor lift stations shall remain private.
NOW, THEREFORE, this indenture made this � of � 2�,
2011 between DEVELOPER and AUGUSTA,
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 ackn.owledged and for the further
consideration of the benefits to its property by the maintenance of said water distribution system
and 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 water distribution
system and gravity sanitary sewerage main, as shown on the
aforementioned plat.
Together with all of the necessary rights of ingress and egress for
the purpose of maintaining the described water distribution system
and gravity sanitary sewerage main.
DEVELOPER further covenants that any repair work performed by AUGUSTA,
or its agent, to said water distribution system and gravity sanitary sewer main, shall only be
subject to the repair of the mains and that all restoration shall be the responsibility of the
DEVELOPER, its (his/her) heirs, legal representatives, successors and assigns.
Ii�VELt;PER also grants AUGUSTA th� rig:�t, but no± the duty, to �lear ar.d
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 serviees shall be planted on said easement(s) and that no
buildings, structures, or other permanent improvements shall be erected, constructed, or
maintained thereon.
TO HAVE AND TO HOLD said water distribution system and 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.
a �• .
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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 hereunto set its hand and affixed
its seal the day and year first above written.
' ,, DYESS PARKWAY, LLC
. f f _ ^
- — --
Signed, sealed and delivered in By: �
erry reenwa
-° � / As its: Member
ITNESS �
C'
N TARY I
� County, Georgia
�„O �t,�rr"�bild
My Commission Expires: �
ACCEPTED BY:
'f�•K Gi' F�,� j
#,�,�+ ��'p AUGUSTA, GEORGIA
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� `� # Ex� o9•2s-ao�a � � By: l��". ._
�;*,� �'E�3`,.1'� �'�'� � Deke C�p nhaver
�G;��,�,,,„„„„.,�� ' ��� As its Mayor
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Filed in this office: °�"°"��`'
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Augusta - Richmond County
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Elaine C. Johnson
Clerk of Superior Court