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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 2012040877 10/01/2012 14:15:22.04 $0.00 QUITCLAIM DEED i 11111111111111111111111111111111 111 1 1111111111 1 11111 1111111 1111111111111111111111 IIIII IIIII 111 1111 IIIII 1111111 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;" Book 01362:0366 Augusta - Richmond County 2012040877 10/01/2012 14:15:22.04 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 414 Attest t ko>� .r, tj. e,r \SSlory , +..t : 01'40 V. _ o. . � � r •. m gt . \ C \ ** Book 01362:0367 Augusta - Richmond County 2012040877 10/01/2012 14:15:22.04 3 Southeas Easeme B 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 I I iii1 i1I1t IIO II IIu 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: Book 01362:0369 Augusta - Richmond County 2012040878 10/01/2012 14:15:23.00 South =a ter F ily Homes, Inc. : �f: .11 I r J.� ills President Accepted by: AUGUSTA, GEORGIA By: LP je <�--- Attest: As Its Mayor Administrator nv � we cro'^p1i tl1 .,3 � STATE OF GEORGIA RICHMOND COUNTY Book 01362:0359 Augusta - Richmond County 2012040875 10/01 /2012 14:15:22.02 $0.00 WARRANTY DEED !! 1111 1 1! 11111111111111111111 11111111111111!! 11111 1111 ION I I I I 1 I I 1 1 11111 I I I I 1 11111111 1 1111111111111111111111111 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— Book 01362:0360 Augusta - Richmond County 2012040875 10/01/2012 14:15:22.02 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 • Book 01 362:0361 August - Richmond County 2012040875 10/01/2012 14:15:22.02 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__. Book 01362:0362 Augusta - Richmond County 201204087610/01 /201214:15:22.03 $0.00 MISCELLANEOUS Him 111!! 111111111 1111111111 1111111111 III!! !11!11!!!!11! 111111 111 1111 HMI 1111 Mil 1111 NM 11111 1111 1111 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