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HomeMy WebLinkAboutDEED OF DEDICATIONS, MAINTENANCE AGREEMENT, RESOLUTION (STONE CREEK DRIVE)AFTER RECORDING PLEASE RETURN TO: Augusta Law Department 520 Greene Street Augusta, Georgia 30901 -KSB STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION (Roads and Detention Pond) WITNESSETH: Book 01362:0376 Augusta - Richmond County 2012040887 101011201214:38:26.00 $0.00 WARRANTY DEED ! !11!!1 III!! MEM !!1!! 11!11,I!1! 1111! 11!111l111l11!!If! 111111 MUM !I!I! MI IIIII !1111 MI MII Ail! N !III 2012040887 Augusta - Richmond County Prepared by and Upon Recording Return to: THIS INDENTURE, made and entered into this lei day ofe ant. -2012, between CROWELL & CO., INC. hereinafter referred to as the Party of the First Part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, 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 unto the said Party of the Second Part, its successors and assigns the following described property, to -wit: All (that) (those) strip(s) or parcel(s) of land in Richmond County, Georgia, consisting of the street(s) and roadway(s) in that area known as STONE CREEK which is delineated on a plat prepared by Southern Partners, Inc. dated August 10, 2011 which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 7, Page 164, to which plat reference is made for a more complete and accurate description as to the metes, bounds and location of said property. As evidenced by its acceptance of this deed, the Grantee agrees to incorporate said street(s) and roadway(s) into its system of streets in Richmond County. Together with all (that) (those) strip(s) or parcel(s) of land in Richmond County, Georgia, consisting of the Detention Area and surrounding land containing 1.45 acres labeled "Area to be Deeded to Augusta- Richmond County" in that area known as STONE CREEK which is delineated on a plat prepared by Southern Partners, Inc. dated August 10, 2011 which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 7, Page 164, to which plat reference is made for a more complete and accurate description as to the metes, bounds and location of said property, and said plat is attached hereto and by reference made a part hereof TO HAVE AND TO HOLD the aforesaid rights, ways, lands, easements, privileges and appurtenances unto the said Party of the Second Part, its successors and assigns, in perpetuity. AND THE SAID PARTY OF THE FIRST PART, his heirs and legal representatives shall and will forever warrant and defend unto the Party of the Second Part, his successors and assigns, the rights, ways, lands, and easements, privileges, and appurtenances conveyed herein, against the claim or claims of any person or person whomsoever. WHENEVER there shall be more than one grantor, the phrase "Party of the First Part" and all related pronouns, relative pronouns and verbs shall read as if written in the plural form, and when appropriate such phrase and related pronouns and relative pronouns shall be read as if written in the feminine or neuter, and when the grantor is a corporation, the word "successor" shall be substituted for the words "heirs" and "legal representatives" at the appropriate place or places. 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: r , ,Ptb Coanmisson Expires: ' u { N(TARY SVL] Book 01362:0377 Augusta - Richmond County 2012040887 10/01/2012 14:38 :26.00 DEVELOPER: CROWELL & CO., By: It 1 [CORPORATE SEAL] ,��/ �n V ✓w i 7 Accepted by: AUGUSTA, GEORGIA By: /L As Its Mayor 1 /4/ 1 /2 Attest: Clerk [SEAL] Book 01362:0378 Augusta - 2012040887 10/01/20/2 Ric coynt /4 : 38 :26.00 Filed in this office: Augusta - Richmond County 10/01/2012 14:38 :2 Elaine C. Johnson Clerk of Superior Court AFTER RECORDING PLEASE RETURN TO: Augusta Law Department 520 Greene Street Augusta, Georgia 30901 - KSB Book 01362:0379 Augusta - Richmond County 201204088810/01 /2012 14:38:26.01 $0.00 AGREEMENT 1 l 11111 1111111111 !11111111111111111111111 1111l111!lIiilIII 2012040888 Augusta - Richmond County STATE OF GEORGIA ) MAINTENANCE AGREEMENT COUNTY OF RICHMOND ) THIS AGREEMENT, entered into this /'day of 3r r■ , 20j, by and between ■�� -u L C -S.- 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, Developer requested that the Augusta, Georgia, Commission accept certain roads, storm drains and appurtenances for Ch , 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 Ig6' , page 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, storm drains 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 /3�, � page _.F20 . (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. (Roads and Storm Drainage) (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, the Developer is unable to respond in a 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. (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. DEVELOP.,ft BY ,/ (L.S.) ASI Book 01362:0380 Augusta - Richmond County 2012040888 10/01/2012 AUGUSTA, GEORGIA COMMISSION 4 As Its Mayor (L.S.) Filed in this office: Augusta - Richmond County 10/01/2012 14:38:26.01 Elaine C. Johnson Clerk of Superior Court 0 U v AFTER RECORDING PLEASE RETURN TO: Augusta Law Department 520 Greene Street Augusta, Georgia 30901 -KSB SUBDIVISION: STONE CREEK RESOLUTION ADDING ROAD TO THE AUGUSTA - RICHMOND COUNTY ROAD SYSTEM WHEREAS, Stone Creek Drive is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Stone Creek Drive a part of its County 0 ✓ _ U N O N w� C � MCn alma E • D == Road System. Q N ww ▪ � Q_==__ J � • o W es = (0 • 0) = rn M W _ co _ w= OD • C) O NO = w ▪ N O 8 — .a m N 44 - N NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Stone Creek 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 Dennis Road to: Tennille, Georgia 31089. Extending approx. 555' SE to and including cul -de -sac; (b) Length of road to nearest 1 /100th mile: 0.11 mile (c) Width & type of road surface: (d) 26 ft. from back of curb to back of curb; Type E asphalt Right -of -Way: 40 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, day of 6- 1 01-, 6,., , 20 /Z . AUGUSTA, GEORGIA BY: ( 4 i t# As Its Mayor Filed in this office: Augusta - Richmond County 10/01/2012 14:38:26.02 Elaine C. Johnson Clerk of Superior Court AFTER RECORDING PLEASE RETURN TO: Augusta Law Department 520 Greene Street Augusta, Georgia 30901 -KSB STATE OF GEORGIA COUNTY OF RICHMOND Book 01362:0382 Augusta - Richmond County 2012040890 10101 /2012 14:38:26. $0.00 WARRANTY DEED 111!!1 MINI 11111111111111 Inn 11111 IIIII MI IIIlI I MOM IN MI IN !1111 IIIII IIIII 1111 110 2012040890 Augusta - Richmond County DEED OF DEDICATION STONE CREEK [Water Distribution System and Gravity Sanitary Sewer System] WHEREAS, CROWELL & CO., INC., a corporation established under the laws of the state of Georgia, hereinafter known as "DEVELOPER ", owns a tract of land in Richmond County, Georgia, known as STONE CREEK, and located off Dennis Road, 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 Record Plat prepared by Southern Partners, Inc., dated August 10, 2011, and recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Reel 7, Pages 164, to which reference to both 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; Page 1 of 4 NOW, THEREFORE, this indenture made this 2012 between DEVELOPER and AUGUSTA, WITNESSETH: Book 01362:0383 Augusta - Richmond County 2012040890 10/01/2012 14:38:26.03 day of 5,0» , 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; 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, 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 Page 2 of 4 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 CROWELL & CO., IN the presence of n As Its: My Commission Expires: ‘' G )\ Filed in this office: Augusta - Richmond County 10/01/2012 14:38:26.03 Book 01362:0384 Augusta - Richmond County 2012040890 10/01/2012 14:38:26.03 By: hn Crowell As Its: President Attest: Page 3 of 4 Elaine C. Johnson Clerk of Superior Court Filed in this office: Augusta - Richmond County 10/01/2012 14:38:26.04 Elaine C. Johnson Clerk of Superior Court Book 01362:0387 Augusta - Richmond County 2012040891 10/01/2012 14:38:26.04 ACCEPTED BY: AUGUSTA, GEORGIA B A David S. Copenhaver 6 1/24/ (71, 42 its Mayor Attest: Page 4 of 4 p AFTER RECORDING PLEASE RETURN TO: Augusta Law Department 520 Greene Street Augusta, Georgia 30901 -KSB STATE OF GEORGIA COUNTY OF RICHMOND Book 01362:0385 Augusta - Richmond County 2012040891 10/01/2012 14:38:26.04 $0.00 AGREEMENT 11111111111111111 1111111iu 1111111111 E 11 11 111111 i iil 2012040891 Augusta - Richmond County MAINTENANCE AGREEMENT STONE CREEK (Water Distribution System and Gravity Sanity Sewer Main) THIS AGREEMENT, entered into this f i AI day of 3 .t /- , 2012, by and between CROWELL & CO., INC., a corporation established under the laws 6f the state of Georgia, hereinafter referred to as the "DEVELOPER", 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 main, for the subdivision known as STONE CREEK, 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 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 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 CROWELL & CO. the presence of rtv Cc rninission Expires: W� B u,,134? -U lip As Its: Book 01362:0386 Augusta - Richmond County 2012040891 10/01/2012 14:38:26.04 By: John Cro e As Its: President Attest ACCEPTED BY: AUGUSTA, ,('IEORGIA 4 of David S. Copenhaver 9/ „„ /I A Z 's its 1vlayor 1 di Attest: ,, V I /mission ,.