HomeMy WebLinkAboutDEED OF DEDICATION BELFAIR LAKES, SEC 2, (MAINTENANCE AGREEMENT, DEED OF DEDICATION RESOLUTIONS, ADDING ROAD TO ARC SYSTEMAFTER RECORDING PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, Georgia 30901 -KSB
STATE OF GEORGIA ) DEED OF DEDICATION (UTILITY)
COUNTY OF RICHMOND ) FOR Belfair Lakes, Section 2
1 01 (.5e,aaite vubQ-r ,,,of 2-
THIS INDENTURE, made and entered into this 4-I- day of 4.7 , -2008,
between Southeastern Family Homes, 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;
WITNESSETH:
1
Book 01362:0365 Augusta - Richmond County
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$0.00 QUITCLAIM DEED
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201204087 Augusta - Richmond County
THAT the said Party of the First Part, for and in consideration of the sum of Ten
Dollar and no /100 ($10.00) 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:
AN EASEMENT IN PERPETUITY UNDER, ACROSS AND THROUGH the
approximately marked strips of land, together with the pipelines and appurtenances
located therein, which are delineated on an as -built prepared for Southeastern Family
Homes, Inc. by James G. Swift & Associates dated July 22, 2008 which plat reference is
made for a more complete and accurate description as to the metes, bounds and location
of said easements, and said plat has been attached hereto and by reference made a part
thereof;
SAID EASEMENT BEING IN THE NATURE of a right -of -way for the purpose of
laying, relaying, installing, extending, operating, repairing, and maintaining pipelines
transporting and carrying utility services, the same hereinafter being referred to as the
"PROJECT;"
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TOGETHER WITH THE RIGHT, when construction or maintenance is necessary, to
dig such trenches in said property, as described by the deed, as may be necessary for the
project; to pile thereon the material excavated, and to haul pipe, supplies and equipment
connected with the construction and maintenance thereof, over, along, and across the said
property.
THE PARTY OF THE FIRST PART, his heirs, legal representatives, and assigns,
after the completion of the PROJECT, shall have the right to use said parcel in any
manner not inconsistent or interfering with the rights herein granted, EXCLUDING the right
to erect, construct, or maintain thereon any buildings or permanent improvements.
AS A PART of the consideration for said conveyance, the Party of the Second Part
covenants as follows:
(a) To cause the top of the pipelines to be laid a sufficient depth below the surface of
the ground so as to permit the use of the surface thereof by the Party of the First Part for
normal agricultural purposes; however in the case of ravines, streams or low places on the
property, the Party of the Second Part may install the pipelines above the ground, provided
that the pipelines shall be laid and maintained so as not to interfere with the natural flow of
the surface water or any streams thereon;
(b) To refill the trenches it shall dig in connection with repairs, construction,
maintenance, or extension, so as to leave the land available and ready for ordinary
purposes of agriculture;
(c) To exercise the right of extending, making repairs to and maintain said property
in a careful and skillful manner, avoiding unnecessary damage to any crop, plants, shrubs
or trees growing upon said parcel of land, and in case of any such unnecessary damage,
to compensate the Party of the First Part for such damage; and
(d) To give reasonable notice to the Party of the First Part of its intention to enter the
said property in the exercise of the rights herein conferred except in cases of emergency.
TO HAVE AND TO HOLD the aforesaid rights, ways, 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, and easements, privileges, and appurtenances conveyed
herein, against the claim or claims of any person or person whomsoever.
2
WHENEVER there shall be more than one grantor, the phrase "Party of the First
Part" and all related pronouns, related 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:
Notary Public
My Commission Expire A H
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Book 01362:0367 Augusta - Richmond County
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Southeas
Easeme
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Date:
Vi « o" ills, President
Accepted by:
AUGUSTA, GEORGIA
By: (5
4 As Its Mayor
G 1/2U/ i aZ
y Homes, Inc.
r Lakes, Section 2
no
Filed in this office:
Augusta - Richmond County
10/01/2012 14:15:22.04
Elaine C. Johnson
Clerk of Superior Court
AFTER RECORDING PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, Georgia 30901 -KSB
Book 01362:0368 Augusta - Richmond County
2012040878 10/01/2012 14:15:23.00
$0.00 AGREEMENT
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2012040878 Augusta - Richmond County
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
(Utility Water)
�.0
THIS AGREEMENT, entered into this /0 day of h , 2698, by
and between the Southeastern Family Homes, Inc., Belfair Lakes SID, Section 2, hereinafter
referred to as the "DEVELOPER ", and AUGUSTA, GEORGIA, a political subdivision of the State
of Georgia, hereinafter referred to as the "CITY."
WHEREAS, the DEVELOPER requested that the Augusta, Georgia accept certain sewer
lines, water lines and mains or mains, pipes, valves, and connections, and appurtenances for the
subdivision, 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 /-?ba
Page; 9 ; 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 the CITY
accepts by deed;
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) The CITY accepts certain sewer lines, water lines and mains or mains, pipes, valves,
and connections, and appurtenances for the subdivision, respectively described in the deed
contemporaneously tendered herewith to the Augusta Commission, recorded in the office of the
Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel Page
3�q .
(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 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 in a reasonable time, as
determined by the CITY.
(5) If, in the event of an emergency, as determined by the CITY, 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 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 the CITY for payment in full of costs of repairing the improvements due to failure of
material or poor workmanship as liquidated damages.
IN WITNESS WHEREOF, the DEVELOPER has hereunto set his hand and seal and
the CITY 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 DEVELOPER in our presence:
Notary Public
Commission Expir oiuul,
Bv:
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South =a ter F ily Homes, Inc.
: �f:
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I
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President
Accepted by:
AUGUSTA, GEORGIA
By: LP je <�---
Attest:
As Its Mayor
Administrator
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STATE OF GEORGIA
RICHMOND COUNTY
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$0.00 WARRANTY DEED
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2012040875 Augusta - Richmond County
DEED OF DEDICATION
(Roads and Storm Drainage)
WHEREAS, it is the desire of Southeastern Family Homes, Inc., to deed the closed (piped) storm
water system, water distribution system, road and street system, and sanitary sewerage system to
Augusta, Georgia, a political subdivision of the State of Georgia acting by and through its Commission for
maintenance and control; and
WHEREAS, a plat of Belfair Lakes, Section 2, has been prepared by James G. Swift &
Associates, dated July 22, 2008, and said plat has been recorded in the Office of the Clerk of the
Superior Court of Richmond County, Georgia in Plat Cabinet D, Slide 89, Plats B and C; 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, Georgia, by and through its Commission has consented and agreed to
accept and maintain said closed (piped) storm water system, water distribution system, road and street
system, and sanitary sewerage system.
NOW, THEREFORE, this indenture made this / f day of 0t , 2012 betvveen
Southeastern Family Homes, Inc., hereinafter referred to as the party of the first part and Augusta,
Georgia, A POLITICAL SUBDIVISION, by and through its Commission, hereinafter referred to as the party
of the second party,
AFTER RECORDING PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, Georgia 30901 - KSB
WHEREAS, Southeastern Family Homes, Inc., owns a tract of land in Augusta, Georgia known
as Belfair Lakes, Section 2, and in the building of a housing subdivision on said tract, it has laid out a
storm drainage system, water distribution system, road and street system, and sanitary sewerage system;
and,
WITNESSETH
That the party of the first part for and in consideration of the sum of Ten and no /100 ($10.00)
Dollars, to it in hand well and truly paid by the said party the second part 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 closed (piped) storm water system, water
—1—
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distribution system, road and street system, and sanitary sewerage system, by the party of the second
part, has and does by these presents, grant, bargain, sell and confirm unto the said party of the second
part, its successors and assigns, the following, to wit:
All the right, title and interest of the Party of the First Part in and to the storm drainage system,
water distribution system, road and street system, and sanitary sewerage system as the same are now
located and existing in Belfair Lakes, Section 2, shown on a plat of said subdivision, which plat was
prepared by James G. Swift & Associates and which plat is recorded in the Office of the Clerk of the
Superior Court of Richmond County, Georgia in Plat Cabinet D, Slide 89, Plats B and C.
Together with all of the necessary rights of ingress and egress for the purpose of maintaining the
described closed (piped) storm water system, water distribution system, road and street system, and
sanitary sewerage system. This deed is subject to any utility easements which have been granted in the
past and all telephone lines, gas lines, or power lines for the transmission of electricity which has been
granted in the past and the Grantor herein reserves an easement over the closed (piped) storm water
system, water distribution system, road and street system, and sanitary sewerage system, as shown on
aforementioned plat by James G. Swift & Associates, herein conveyed for the purpose of the maintenance
and installation of power lines for the transmission of electricity, telephone lines, and gas lines for the
purpose of serving said subdivision and the property adjacent thereto.
TO HAVE AND TO HOLD said storm drainage system, water distribution system, road and street
system, and sanitary sewerage system together with all and singular, the rights, members, appurtenances
thereto 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.
AND the said party of the first part, its successors and assigns, will warrant and defend the right
and title to the above described property, to the said party of the second part. its successors and assigns,
against all claims of all persons whosoever.
IN WITNESS WHEREOF, the party of the first part has hereunto sets its hand and affixed its seal
the day and year first above written.
Signed, sealed and delivered
in the presence of:
Unofficial itness
-e C2C lU u
Notary Public
4 .trnuc,_ - Ric-FmlefteF County, Georgia
Commission expires: L k - LI 4 -1(o
•
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Southe evelopment Co.
b
Victo J
As Its: P esident
Date: v ,ow l
Accepted by Augusta, Georgia
by and thr ugh its Commission
by:-i-
as the Mayor
—3—
Filed in this office:
Augusta - Richmond County
10/01/2012 14:15:22.02
Elaine C. Johnson
Clerk of Superior Court
AFTER RECORDING PLEASE
RETURN TO:
Augusta Law Department
520 Greene Street
Augusta, Georgia 30901 - KSB
WHEREAS, Belfair Lakes is an existing road in Richmond County, Georgia, open to
public usage; and
WHEREAS, Augusta, Georgia desires to make Belfair Lakes a part of its County Road
System.
NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta,
Georgia, that Belfair Lakes 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 Belfair Lakes at Blk B, Lot 8
(b)
RESOLUTION ADDING ROAD TO THE
AUGUSTA - RICHMOND COUNTY ROAD SYSTEM
Extending approx. 290' NE to deadend
Length of road to nearest 1/100th mile:
0.05 mile
(c) Width & type of road surface:
31 foot from back of raised edge asphalt to
back of raised edge asphalt; 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.
*dopterd'tl is . te day of c lent h e , 20 /1__.
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$0.00 MISCELLANEOUS
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2012040876 Augusta - Richmond County
SUBDIVISION: Belfair Lakes, Section Two
AUGUSTA, GEORGIA
BY:
46M As Its Mayor
Filed in this office:
Augusta - Richmond County
10/01/2012 14:15:22.03
Elaine C. Johnson
Clerk of Superior Court