HomeMy WebLinkAboutDEEDS OF DEDICATION, MAINTENANCE AGREEMENT AND ROAD RESOLUTIONS FOR WILHAVEN SUBDIVISION, PHASE III SECTIONAFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 - KSB
STATE OF GEORGIA
COUNTY OF RICHMOND
WITNESSETH:
Book 01358:0894 Augusta - Richmond County
2012036964 08/31/2012 13:52:55.00
$0.00 QUITCLAIM DEED
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2012036964 Augusta - Richmond County
DEED OF DEDICATION
THIS INDENTURE, made and entered into this Yth day of 2012,
by and between BR ENT WILLHAVEN, LLC, a Georgia limited halm ' company,
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hereinafter referred to as the Party of the FIRST PART, and AUGUSTA, GEORGIA, a
political subdivision of the State of Georgia, acting by and through the Augusta
Commission, hereinafter referred to as the Party of the SECOND PART.
THAT the said Party of the FIRST PART, for and in consideration of the sum of
One Dollar ($1.00) in cash to it in hand paid by the Party of the SECOND PART, the
receipt of which is hereby acknowledged, at and/or before the sealing and delivery of
these presents, and other good and valuable considerations, has granted, bargained, sold,
released, conveyed and confirmed and by these presents does grant, bargain, sell,
release, convey and confirm unto the said Party of the SECOND PART, its successors
and assigns, the following described property, to -wit:
All right, title and interest of the parties of the FIRST PART in and to the
storm sewerage system as the same are now located and existing as shown
and delineated on a plat of Willhaven, Phase III, Section 1, as prepared by
John F. Brewer, GA RLS, of John Brewer & Associates, dated April 27,
2011, revised September 9, 2011, as recorded in the Office of the Clerk of
Superior Court of Richmond County, Georgia, in Plat Cabinet , Slide
, Plat _ and in Book I ? , Pages /fin, ; reference being hereby
made to said plat for a more complete and accurate description as to the
metes, courses, bounds, dimensions and location of said property.
TOGETHER with all of the necessary rights of ingress and egress for the
purpose of maintaining the described storm sewerage system.
TOGETHER WITH:
All that lot or parcel of land shown and designated as "HUNTCLIFFE DRIVE - 60'
R/W; and WAVERLY LANE — 60' R/W; and THEODORE STREET -60' R/W on
that certain plat of Willhaven, Phase III, Section 1, as prepared by John F. Brewer,
GA RLS , John Brewer & Associates, dated April 27, 2011, revised September 9,
2011, as recorded in the Office of the Clerk of Superior Court of Richmond County,
Georgia, in Plat Cabinet _, Slide , Plat _ and in Book , Pages
reference being hereby made to said plat for a more complete and accurate
description as to the metes, courses, bounds, dimensions and location of said
property.
TOGETHER with an easement to enter upon all areas shown as water system
easements, drainage and utility easements shown on said plat.
TO HAVE AND TO HOLD SAID roads, easements and storm sewerage
system, together with all and singular, the rights, members and appurtenances
thereof to the same being, belonging or in anywise appertaining to the only proper
use, benefit and behoof of the said party of the SECOND PART, its successors and
assigns, forever in FEE SIMPLE.
IN WITNESS WHEREOF, the said Party of the FIRST PART has caused
these presents to be executed the day and year first above written as the date of these
presents.
SIGNED, SEALED AND DELIVERED
in our presence:
Witnes Li
Ca p
Notary Public, Georgia
Filed in this office:
Augusta - Richmond County
08/31/2012 13:52:55.00
ELAINE C JOHNSON
Clerk of Superior Court
Book 01358:0894. 2 Augusta - Richmond County
2012036964 08/31/2012 13:52:55.00
BRENT WILLHAVEN, LLC
As its: Member
ACCEPTED BY:
AUGUSTA, GEORGIA
(Seal)
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AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 - KSB
RESOLUTION ADDING ROAD TO THE
AUGUSTA - RICHMOND COUNTY ROAD SYSTEM
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M F NOW, THEREFORE, BE IT R ESOLVED by the Augusta Commission of Augusta,
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cm, == N Georgia, that Huntcliffe Drive , is hereby added to its official County Road System of Record, being
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described as follows and as shown on the attached sketch map or plat showing the approximate alignment
and location of said Road.
(a) Points of beginning and ending:
Beginning at existing Huntcliffe Drive
Extending approx. 550' NW
Length of road to nearest 1 /100th mile:
0.10 mile
WHEREAS, Huntcliffe Drive is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Augusta, Georgia desires to make Huntcliffe Drive a part of its County Road
(b)
(c) Width & type of road surface:
31' from back of curb to back of curb;
Type E asphalt
(d) Right -of -Way:
60' foot
SUBDIVISION: WILLHAVEN, PHASE III
SECTION I
The Augusta Commission is hereby directed to forward a certified copy of this resolution
to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8,
Tennille, Georgia 31089.
Adopted this l of 4 . 6 , 4 51- 44 , 20
AUGUSTA, GEORGIA
BY:
/on As Its Mayor
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AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 - KSB
WHEREAS, Waverly Lane is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Augusta, Georgia desires to make Waverly Lane a part of its County Road
System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta,
Georgia, that Waverly Lane , is hereby added to its official County Road System of Record, being
described as follows and as shown on the attached sketch map or plat showing the approximate alignment
and location of said Road.
(a) Points of beginning and ending:
Beginning at R/W of Huntcliffe Drive
Extending approx.. 95' NE and approx.. 250' SW
(For a total of approximately 345 `)
(b) Length of road to nearest 1 /100th mile:
(c)
RESOLUTION ADDING ROAD TO THE
AUGUSTA - RICHMOND COUNTY ROAD SYSTEM
0.07 mile
Width & type of road surface:
31' from back of curb to back of curb;
Type E asphalt
(d) Right -of -Way:
60' foot
SUBDIVISION: WILLHAVEN, PHASE III
SECTION I
The Augusta Commission is hereby directed to forward a certified copy of this resolution
to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8,
Tennille, Georgia 31089.
Adopted this 7 day of 6� _,�-r , 20 ; U
AUGUSTA, GEORGIA
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BY: ` !/
/ tem As Its Mayor
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Filed in this office:
Augusta - Richmond County
08/31/2012 13:52:55.02
ELAINE C JOHNSON
Clerk of Superior Court
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AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 - KSB
System.
RESOLUTION ADDING ROAD TO THE
AUGUSTA - RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Theodore Street is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Augusta, Georgia desires to make Theodore Street a part of its County Road
NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta,
Georgia, that Theodore Street , is hereby added to its official County Road System of Record, being
described as follows and as shown on the attached sketch map or plat showing the approximate alignment
and location of said Road.
(a) Points of beginning and ending:
Beginning at R/W of Huntcliffe Drive
Extending approx.. 100' SW
(b) Length of road to nearest 1 /100th mile:
0.02 mile
(c) Width & type of road surface:
31' from back of curb to back of curb;
Type E asphalt
(d) Right -of -Way:
60' foot
The Augusta Commission is hereby directed to forward a certified copy of this resolution
to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8,
Tennille, Georgia 31089.
dop'ted this'` el . day of i4, = r , 20 / Z✓
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Attest; ji'' �., •, /r //
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SUBDIVISION: WILLHAVEN, PHASE III
SECTION I
AUGUSTA, GE ORGIA
BY: �JV
A As Its Mayor
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Filed in this office:
Augusta - Richmond County
08/31/2012 13:52:55.03
ELAINE C JOHNSON
Clerk of Superior Court
AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 - KSB
STATE OF GEORGIA
COUNTY OF RICHMOND
Book 01358:0898 Augusta - Richmond County
2012036968 08/31/2012 13:52:55.04
$0.00 AGREEMENT
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2012036968 Augusta - Richmond County
MAINTENANCE AGREEMENT
THIS AGREEMENT, entered into this V day of
20 /T, by and between Brent Willhaven, LLC ,
her nafter referred to as "Developer," and AUGUSTA, GEORGIA, a
political subdivision of the State of Georgia, acting by and
through its Commission, hereinafter referred to as "Augusta."
WHEREAS, the Developer requested that the Augusta,
Georgia, Commission accept certain roads, storm drains and
appurtenances for Willhaven Subdivision, Phase III, Section I
, as shown by deed contemporaneously tendered and recorded in
the office of the Clerk of the Superior Court of Richmond
County, Georgia, in Realty Reel /, ;-k , page gf?f/ , and
WHEREAS, the City has adopted a policy requiring the
Developer to maintain all installations laid or installed in
the subdivision for a period of eighteen months, which Augusta
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 City accepts the roads and appurtenances,
respectfully described in the deed contemporaneously tendered
herewith to the Augusta, Georgia, Commission, 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 eighteen months from the
date herein.
(3) The Developer agrees that if during said
eighteen 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 City shall notify the Developer and set forth
in writing the items in need of repair. The Developer shall
present within fifteen business days its proposed plan of
necessary to remedy the emergency nature of the problem at the
Developer's expense 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 Augusta shall proceed to have
the necessary corrective work done, and the Developer agrees to
be responsible to Augusta for payment in full of costs of
repairing the improvements due to failure of material or poor
workmanship as liquidated damages.
IN WITNESS WHEREOF, Developer has hereunto set his
hand and seal, and Augusta has caused the execution of this
agreement by and through its duly authorized officers and
agents, with its seal affixed, the day and year first above
written.
Book 01358:0899 Augusta - Richmond County
201 2036968 08/31/2012 13:52:55.04
BRENT WILLHAVEN, LLC
BY: '� (L . S . )
AS ITS: 1-
AUGUSTA, GEORGIA
COMMISSION
Agfi As Its Mayor
(L.S.)
AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 - KSB
STATE OF GEORGIA
COUNTY OF RICHMOND
Book 01358:0900 Augusta - Richmond County
2012036969 08/31/2012 13:52:55.05
$0.00 WARRANTY DEED
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2012036969 Augusta - Richmond County
DEED OF DEDICATION
WILLHAVEN, PHASE III, 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 III, 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
WHEREAS, a Water As -Built Drawing and a Sanitary Sewer As -Built Drawing,
of the above stated subdivision, which were prepared by Brewer & Dudley, on May 3, 2011, said
plats 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 force mains and /or grinder pumps and that said individual
force mains and/or grinder pumps shall remain private;
12, NOW, THEREFORE, this indenture made this i t " lit day of 4 ust
2014. between DEVELOPER and AUGUSTA,
AUD 9/20/2011
AUD 9/20/2011
Book 01358:0901 Augusta - Richmond County
2012036969 08/31/2012 13:52:55.05
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 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 vegetation 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, 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
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 WHEREOF, DEVELOPER has hereunto set its hand and affixed
its seal the day and year first above written.
Signed, sealed and delivered in
the presence of
Witness
- (13 1 ■10—t --
Notary Public
State of tO 3 a_
County of
My Commission Expires: 'S '21"
AUD 9/20/2011
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Book 01358:0902 Augusta - Richmond County
201 2036969 08131/2012 1 3:52:55.05
BRENT WILLHAVEN, LLC
Bv:
As Its Member
rent Scarbrou
By: �/
Robert F. Rolader
As Its Manager
ACCEPTED BY:
AUGUSTA, GEORGIA
By:
David S Copenhaver
nerl As its Mayor, -�. -,
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AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 - KSB
STATE OF GEORGIA
COUNTY OF RICHMOND
Book 01358:0905 Augusta - Richmond County
2012036970 08/31 /2012 13:52:55.06
$0.00 AGREEMENT
11!!!! 1111!!!!!! !!!!! !I!!! 1!!!! !!!! !!I!1 1 .11!! !!!!! !!! !!!!
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2012036970 Augusta - Richmond County
MAINTENANCE AGREEMENT
WILLHAVEN, PHASE III, SECTION 1
(Utility Water Distribution System and Gravity Sanitary Sewer System)
2.
THIS AGREEMENT, entered into this day of 4U�gSt , 203, by and between BRENT
WILLHAVEN, LLC, hereinafter referred to as the "DEVE PER ", and AUGUSTA, GEORGIA, a political
subdivision of the State of Georgia, hereinafter referred to as the "AUGUSTA ":
WITNESSETH
WHEREAS, the DEVELOPER has requested that AUGUSTA accept the water distribution system and the
gravity sanitary sewer system for the subdivision known as WILLHAVEN, PHASE III, SECTION I , as shown by
a Deed of Dedication, contemporaneously tendered and recorded in the office of the Clerk of the Superior Court of
Richmond County, Georgia, with this document; and
WHEREAS, AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those installations and
systems laid or installed in the subdivision, which AUGUSTA does accept by Deed, for a period of eighteen months;
NOW, THEREFORE, in consideration of the premises, the expense previously incurred by the DEVELOPER
and the mutual agreement hereinafter set out, IT IS AGREED that:
(1) AUGUSTA accepts the gravity sanitary sewer system and water distribution system for the
subdivision, respectively described in the Deed contemporaneously tendered herewith to the Augusta - Richmond
County Commission.
(2) The DEVELOPER agrees to maintain all the installations laid or installed in said subdivision as
described in said Deed for a period of eighteen months from the date of the approval of this document
by the Augusta Richmond County Commission.
(3) The DEVELOPER agrees that, if during said eighteen month period there is a failure of the
installations laid or installed in said subdivision described in the Deed due to failure or poor workmanship, the
DEVELOPER shall be responsible for adequate maintenance and repair.
(4) In the event of such failure of the improvements, AUGUSTA shall notify the DEVELOPER and set
forth in writing the items in need of repair. The DEVELOPER shall present, within fifteen business days of the date
of said writing, its proposed plan of repair and shall have the repairs completed in a reasonable time, as determined
by AUGUSTA.
(5) If, in the event of an emergency, as determined by AUGUSTA, the DEVELOPER is unable to
respond in a timely manner, AUGUSTA 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 at the DEVELOPER'S
expense and 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 AUGUSTA shall
proceed to have the necessary corrective work done, and the DEVELOPER agrees to be responsible to AUGUSTA
for payment, in full, of the costs of repairing the improvements due to failure of material or poor workmanship as
liquidated damages.
IN WITNESS WHEREOF, the DEVELOPER has hereunto set her hand and seal and AUGUSTA has caused
the execution of this agreement by and through its duly authorized officers and agents, with its seal affixed,
the day and year first above written.
Signed, sealed and delivered, in the presence of
Witness ,)
Notary Public
State ofd
County of
My Commission Expires: \-
Filed in this office:
Augusta - Richmond County
08/31/2012 13:52:55.06
ELAINE C JOHNSON
Clerk of Superior Court
By:
Book 01358:0906 Augusta - Richmond County
2012036970 08/31/2012 13:52 :55.06
BRENT WILLHAVEN, LLC
rent Scarbrough
As Its Member
By:
Robert F. Rolader
As Its Manager
ACCEPTED BY:
AUGUSTA, GEORGIA
By:
David Copenhaver
QQ" As its Mayor
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Book 01358:0904 Augusta - Richmond County
2012036969 08/31/2012 13:52:55.05
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Augusta - Richmond County
08/31/2012 13:52:55.05
ELAINE C JOHNSON
Clerk of Superior Court
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