HomeMy WebLinkAboutDEED OF DEDICATIONS, MAINTENANCE AGREEMENT ROAD RESOLUTIONS MANCHESTER SUBDIVISION SECTION SIXij
A RECORDING, PLEASE
TURN TO:
, A gusta Law Department
520 Greene Street
Augusta, GA 30901 KSB
STATE OF GEORGIA
COUNTY OF RICHMOND
DEED OF DEDICATION
(Roads and Storm Drainage)
Manchester Subdivision-Section Six
TFIIS INDENTURE, made and entered into this e 4 41 day of Ati CiSr , 2012
by and between Coel Development Co., Inc & Stephen Beazley Builder , Inc., 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 its Augusta, Georgia Commission, as the party of the Second
Part.
WITNESSETH:
Book 01359:1018 Augusta - Richmond County
2012038037 09/10/2012 16:36:16.00
•
$0.00 QUITCLAIM DEED
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11111 111!! 1111! I!III 11111 11111 111111111I 11111 11111 111
2012038037 Augusta - Richmond County
THAT the said Patty 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 PORTION OF PROPERTY SHOWN ON THE PLAT HEREIN
REFERRED TO AS ALL THOSE STREETS AND STORM DRAINAGE
SYSTEMS located in Manchester Subdivision, Section Six, according to a plat
prepared by Southern Partners dated January 9, 2012, and last revised April 25,
2012, being shown as the following street: "T J Kelly Drive" as more particularly
shown and designated on said plat as recorded in the Office of the Clerk of
Superior Court, Augusta-Richmond County, Georgia in Plat Book 8, Page 70, to
which plat reference is made for a mare complete and accurate description as to
the metes, bounds, and location.
And also ALL PORTION OF PROPERTY SHOWN ON THE PLAT HEREIN
REFERRED TO AS ALL THOSE STREETS AND STORM DRAINAGE
SYSTEMS located in Manchester Subdivision, Section Six, according to a plat
prepared by Southern Partners dated January 9, 2012, and last revised April 25,
2012 being shown as the following street: "Ken Miles Drive" as more particularly
shown and designated on said plat as recorded in the Office of the Clerk of
Superior Court, Augusta-Richmond County, Georgia in Plat Book 8, Page 70, to
which plat reference is made for a more complete and accurate description as to
the metes, bounds, and location.
TOGETHER with an easement to enter upon all areas shown as drainage and utility
easements on said plat.
TO HAVE AND TO HOLD SAID PROPERTY and all singular the members and
appurtenances therein belonging as aforesaid, and every plat thereof, unto 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 the presence of:
itness
ail
Notary Public
(A) j 0, County, Georgia By:
Commission expires (( -L2 - 2,0 I7 As its: President
Filed in this office:
Augusta - Richmond County
09/10/2012 16:36:16.00
Elaine C. Johnson
Clerk of Superior Court
Book 01359:1019 Augusta - Richmond County
2012038037 09/10/2012 16:36:16.00
COEL Development Co. Inc.
By:
As its: President
Stephen Beazley Builders, Inc.
Accepted by Augusta, Georgia
By and through its Commission
Seal)
(Seal)
AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 KSB
STATE OF GEORGIA
COUNTY OF RICHMOND
Book 01359:1024 Augusta - Richmond County
2012038041 09/10/2012 16:36:16.04
$0.00 WARRANTY DEED
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2012038041 Augusta - Richmond County
DEED OF DEDICATION
MANCHESTER, SECTION 6
[Water Distribution System and Gravity Sanitary Sewer System]
WHEREAS, COEL DEVELOPMENT CO., hereinafter known as
"DEVELOPER ", owns a tract of land in Augusta - Richmond County, Georgia, off of Diamond
Lakes Way, and in the building of the Manchester, Section 6, 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 Record Plat prepared by Southern Partners, Inc., dated January 9,
2012, was recorded in the office of the Clerk of the Superior Court of Richmond County,
Georgia, in Plat Reel 8, Pages 47 and 48, 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 shall remain private;
NOW, THEREFORE, this indenture made this .1/' of 4 dust ,
2012 between DEVELOPER and AUGUSTA, v
Page 1 of 3
WITNESSETH:
Book 01359:1025 Augusta - Richmond County
2012038041 09/10/2012 16:36:16.04
That DEVELOPER, for and in consideration of the sum of Ten and no /1 00
($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 transportingAugusta's utilities services; along with the
further right to stretch communication lines, or other lines, for the use of
AUGUSTA, its assigns, representatives, agents, and designees, upon
or under said land, within said easement, with the necessary cables, wires,
apparatus, fixtures and appliances; and with the right to assign this
easement in whole or in part; and
DEVELOPER does further agree that when construction or maintenance is
necessary, AU( ;t sTA 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.
Page 2 of 3
.
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 COEL DEVELOPMENT CO., INC.
the prese ce of
Notary Public
State of
County of
My Commission Expires: II `2-7 Zo (3.
Filed in this office:
Augusta - Richmond County
09/10/2012 16:36:16.04
Elaine C. Johnson
Clerk of Superior Court
Book 01359:1026 Augusta - Richmond County
2012038041 09/10/2012 16:36:16.04
By:
Attest:
By:
As Its: s/--Q
As Its: J /L)
ACCEPTED BY:
AUGUSTA, GEORGIA
David S. Copenhaver
As its Mayor
Attest:
P Clerk of Co
is
3 of 3
AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 KSB
STATE OF GEORGIA
COUNTY OF RICHMOND
Book 01359:1027 Augusta - Richmond County
2012038042 09/10 /2012 16:36:16.05
$0.00 AGREEMENT
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1111111111111111 11111 11111 11111 11111 11111 11111 11111 1111 1111
2012038042 Augusta - Richmond County
MAINTENANCE AGREEMENT
MANCHESTER, SECTION 6
(Water Distribution System and Gravity Sanity Sewer Main)
THIS AGREEMENT, entered into this 27/ day of Awe/At- 2012, by and between COEL
DEVELOPMENT CO., INC., a Georgia company, hereinafter'rrferred to as the "DEVELOPER ", and AUGUSTA,
GEORGIA, a political subdivision of the State d 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 main, for the subdivision known as MANCHESTER, SECTION 6, 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 water distribution system and gravity sanitary sewer main for the subdivision,
respectively described in the Deed contemporaneously tendered herewith to the Augusta - Richmond County
Commission and that said water distribution system and gravity sanitary sewer main were duly inspected by the
Augusta Utilities Department on January 24, 2012, and said systems did pass said inspection.
(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 acceptance of said Deed of Dedication
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
1
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 the CITY 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 its 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
Notary Public
State of
County of
My Commission Expires:
Filed in this office:
Augusta - Richmond County
09/10/2012 16:36:16.05
Elaine C. Johnson
Clerk of Superior Court
Book 01359:1028 Augusta - Richmond County
2012038042 09/10/2012 16:36:16.05
COEL DEVELOPMENT CO., INC.
By:
Attest:
ACCEPTED BY:
AUGUSTA, GEORGIA
As Its: �)!
As Its:
•
•
••
ACTER RECORDING, PLEASE
RETURN TO:
Au3ta Law Department
•520 Greene Street
Augusta, GA 30901 KSB
STATE OF GEORGIA
COUNTY OF RICHMOND
Book 01359:1022 Augusta - Richmond County
2012038040 09/10/2012 16:36:16.03
$0.00 AGREEMENT
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2012038040 Augusta - Richmond County
MAINTENANCE AGREEMENT
(Roads and Storm Drainage)
THIS AGREEMENT, entered into this Lday of S , 2012, and between
COEL DEVELOPMENT CO., INC & STEPHEN BEAZLE BUILDERS, INC.,
hereinafter 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 Manchester, Section Six, 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 / X59, page /p /c , 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) Augusta, Georgia accepts the roads, storm drainage 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 /5 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 repair and shall
have the repairs completed at a reasonable time, as determined by Augusta.
(5) In the event of an emergency, as determined by Augusta, and the Developer is
unable to respond in timely manner, the City 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 to allow the Developer time to make the needed repairs.
J
•
Book 01359:1023 Augusta - Richmond County
2012038040 09/10/2012 16:36:16.03
(6) In the event the Developer fails to comply with the terms of this agreeme t,
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.
ATTEST:
_ .— �.E N. 0N to
io : ss 1
• o t Q eir
'� cou
J. IA ia_
ublic Notary
ATTEST:
Clerk of mmission As Its Mayor
A6m
00Z
Coel Developm
By:
As Its: President
Stephen azley Bu) Iers, I
By:
As Its: President
AUGUSTA, GEORGIA
Filed in this office:
Augusta - Richmond County
09/10/2012 16:36:16.03
Elaine C. Johnson
Clerk of Superior Court
(L.S.)
(L.S.)
4 1
AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 KSB
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WHEREAS, T. J. Kelly Drive is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Augusta, Georgia desires to make T. J. Kelly Drive a part of its County
Road System.
RESOLUTION ADDING ROAD TO THE
AUGUSTA - RICHMOND COUNTY ROAD SYSTEM
NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta,
Georgia, that T. J. Kelly Drive 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 existing T. J. Kelly Dr., (W of Dave MacDonald Dr.)
Attest:
(b)
Ending at approx. 2100 ft. NW, then curving N & NE
Length of road to nearest 1 /100th mile:
0.40 mile
(c) Width & type of road surface:
31 ft. from back of curb to back
of curb; Type E asphalt
(d) Right -of -Way:
60 foot
SUBDIVISION: Manchester, Section Six
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.
-- 205 ted his a./ 61- day of , 20/2- .
AUGUSTA, GEORGIA
BY:
As Its Mayor
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AFTER RECORDING, PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, GA 30901 KSB
System.
(b)
' nnille,,.Q9org a'31089: ..
Attest:
(c) Width & type of road surface:
•
SUBDIVISION: Manchester, Section Six
RESOLUTION ADDING ROAD TO THE
AUGUSTA - RICHMOND COUNTY ROAD SYSTEM
WHEREAS, Ken Miles is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Augusta, Georgia desires to make Ken Miles a part of its County Road
NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta,
Georgia, that Ken Miles 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 T. J. Kelly Drive
Extending approx. 212 ` W
Length of road to nearest 1 /100th mile:
0.04 mile
31 ft. from back of curb to back of curb;
Type E asphalt
(d) Right -of -Way:
60 foot, but varies at intersection with T.J. Kelly Dr.
(does not include entrance island)
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,
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AUGUSTA, GEORGIA
BY:
. 40 / / As Its Mayor