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Home My WebLink AboutBRENT WILLHAVEN LLC DEED OF DEDICATION ,WILHAVEN PHASE 111 SECTION 2, MAINTENANCE AGREEMENT WILLHAVEN , PHASE 111, SECTION 2, MAINTENANCE AGREEMENT, ROAD RESOLUTIONS, � 'f �F`TER R�CO�'tDING PLEAS� ��TllRRI T4: AUgusta Lc�vd Depa�tt�t��t Book 01363:1319 Augusta - Richmond County 2012041985 10109/2012 15:19: 41. 01 520 Gre2ne Stre�t $0.00 QUITCLAIM DEED I!!!!!1 !IlII 1111111!!1 !!1!I 11111 !!!11 lIIII 1111I lIIII 1111 !!11 Augusta, Georgia 3Q�01 KSB !II!!lIIIIIIlIIIlIIIllill!lIIIII!!!IIlIIIIlIIlilllll!!II!! 2012041985 Augusta - Richmond County STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) DEED OF DEDICATION THIS INDENTURE, made and entered into this d�""' day of ��- 2012, by and between BRENT WILLHAVEN, LLC, a Georgia limited liab l�mpany, hereina.fter referred to as the Pariy of the FIRST PART, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta- Richmond Counry Commission, hereinafter referred to as the Party of the SECOND PART. WITNESSETH 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 a.nd delivery of tb.ese presents, and other good and valuable considerations, has granted, bargained, sold, released, conveyed and confirmed and by these presents does grant, bazgain, 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 2 as prepared by John F. Brewer, GA RLS, of Brewer & Dudley, dated 4/1/12, as recorded in the Office of the Clerk of Superior Court of Richmond Conn�', Georgia, in Plat Cabinet �, Slide ��P , Plat�� and in Book �5 , Pages � et seq; 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 a11 of the necessary rights of ingress and egress for the purpose of maintaining the described storm sewerage system. , . Book 01363:1320 Augusta - Richmond County 2012041985 10/09/2012 15:19:41. 01 TOGETHER WITH: All that lot or parcel of land shown and designated as"HUNTCLIFFE DRIVE - 60' RJW"; and "THEODORE STREET — 60' R/W"; and on that certain plat of Willhaven, Phase III , Section 2, as prepared by John F. Brewer, GA RLS , Brewer & Dudley, dated April 1, 2012, revised N/A, as recorded in the Office of the Clerk of Superior Court of Richmond Coun�, Georgia, in Plat Cabinet �_, Slide �� n , PlatC� and in Sook �' , Pages O et seq; 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 a11 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: y BRENT WILLHAVEN, LLC . � � r �. � Witness By: (Sea1) 9�-�-� `t � As its: \ Member ��. Notary Public, Georgia .. ..� �. _, . :,� ACCEPTED BY: '� C�rn�D�n �� .�. , o c -. �� I ' _ . �" �� x� `� � � o � m �� : Bl,,� / �.�,�?► �'�'�.� ; AUCrUSTA, �Et�,GIA � o z `�..° � � `. �1► �ON �� _ � a �€:: �` m o � ,� � O I � 1 �� O i �� ,^ � J �� • �� `' � L N N � � `� � �� Y/ � Y � k � �� 1 ,:' ^� � O � n Q Z 9 �t ��G � p ` ��,�`j�' ; It5; I�I1y �° � . II ;; ±� { O' z � � c�' }�, �+ �� % °�� ..om %��`'j� ;r�v� t .«.:.�; r• ��, ��r ttesf'' ! % �;' � O � a ��i� � C`0�� , Z o C� ��its �Clerk o �� ,� � 'ssion'� � ��iu��` .� � � , ��il,�' ;: � ,s , ��;' �' � _ �.,;� 4: � - ,y, >-: � �;: � ,�..x.�,.,� .��,.,,� ��,� �.. _�,��__�_ ��:,,�� i ' ` AFTER RE�ORDING PLEASE RETURfV TO: Augusta Law Department ' 520 Greene Street Book 01363:1323 Augusta - Richmond County 2012041988 10(09/2012 15:19:41.04 A�gusta Georgia 30901 K�B $p.00 WARRANTY DEED �� i�m �mi �!m ��i nm �l�n �n�� m� �nn ��n ��n !!!!!I! !IlII lilll !l11111lI I 11111 !l111 !II!! !I I I! IIIII !!II 1111 2012041988 Augusta - Richmond County STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION WILLHAVEN, PHASE III, SECTION 2 [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 2, 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 Final Plat, of the above stated subdivision, which were prepared by Brewer & Dudley, dated April 1. 2012, said plat being recorded in e ealty Records of the Clerk of the Superior Court of Richmond County, Georgia, in b � , Pages g�, -g� 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; NOW, THEREFORE, this indenture made this /�'� day of j�,��f; , 2012 between DEVELOPER and AUGUSTA, AUD 9/20/2011 ' ' . � Book 01363:1324 Augusta - Richmond County ' 2012041988 10/09/2012 15:19:41.04 WITNESSETH: That DEVELOPER, for and in considera.tion 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 maantaining, expanding, repairing, adding, constructing, installing, extending, operating, replacing, laying and relaying pipelines cariying 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 AUD 2010 r J + Book 01363:1325 Augusta - Richmond County 2012041988 10/09/2012 15:19:41. 04 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 a11 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 BRENT WILLHAVEN, LLC the resence of By: Witness Brent Scarb ugh 1� �92-c.t�¢-c�,N�lQ�, As Its Member Notary Public State of �� ! � _ By: f,.��/�—�-�- Robert F. Rolader County of � �- _ � As Its Manager My Commission Expires: 5- Z�' l 3 ��ut�� .�'�� ,pNN,� � �� a'�p'�� '• = �'1 � �° �cs : ., � .� `•� � � � ACCEPTED BY: :�'' :'s-�LIC : . � : � � ,e' y � � ~ ' s "'�"�p4��`� AUGUSTA, GEORGIA �� ,,,,'r �...J�-' � By' ?SJ i �. ,k_.... _,..:..:: .. __.., �� '� As its Mayor �� ,�t c�, -G` ^ a . � '}a �i , ,l � �1 �i,i Filed in this office: Augusta - Richmond County �� A��. � �� 10/09/2012 15:19:41.04 � ELAINE C JOHNSON ` ��' �� ;< ,��s�}� � � � � ;� Clerk of Superior Court p3 a a t`� t4 �c {`ST..t]�� \ ( 1�� d, � ,s5� x',,. r i, . \ � � °�" t �'� A • F 3 `,� `"Y . . � v t . ` � 1 $ 1 ..! /f•; w\ � ' � �P � 1 `' AUD 2010 � � �� ;� / �_ � r • Book 01363:1326 Augusta - Richmond County ' 2012041989 10109/201215:19:41.05 $0.00 AGREEMENT ! 111111 lIIII !1l1111l11 !!1!! !!fl! 111!! !Ifl1 11111111f1 1111 Il11 „�� ,�� ,�� , ��l� �,�� 2012041989 Augusta - Richmond County �lFT'�R REGORDINCa P$.�'�� E�i1��17�. Au��sta Law Department 520 i�reene Street Augusta, Georgia 30901 K5� STATE OF GEORGIA COUNTY O� RtCHMOND MAINTENANCE AGREEMENT WILLHAVEN, PHASE III, SECTION 2 (Utility Water Distribution System and Csravity Sanitary Sewer System) THIS AGREEMENT, entered into this �day of 3 �f'' , 2012, by and between BRENT WILLHAVEN, LLC, hereinafter referred to as the "DEVE OPER", 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 graviry sanitary sewer system for the subdivision known as WILLHAVEN, PHASE I I I, SECTION 2, as showm by a Deed of Dedication, contemporaneausly 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 palicy requiring the DEVELOPER to maintain those installations and systems laid or installed in the subdivisior�, which AUGUSTA daes accept by Oeed, 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 } AU(3USTA accepts the gravity sanitary sewer system and water distribution system for the subdivision, respectively descnbed in the Deed contemporaneously tende�ed herewith to the August�-Richmond County Commission. (2) The DEVELOPER agrees to maintain all the installations laid or instalted in said subdivision as described in �aid Deed for a period of eighteen months from the date of the approval of this documeat by th� Auqusta-Richmond County Commission. (3) The DEVELOPER agrees that, if du�ing said eighteen month period there is a failure of the installations laid or instaHed in said subdivision described in the Deed due to failure or poor wo�lcmanship, the DEVELOPER shall be responsibte 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 ' �' ' �, . . Book 01363:1327 Augusta - Richmond County 2012041989 10/09/2012 15:19:41. 05 of said writing, its propased pkan of repair and shall have the repairs completed in a reasonable time, as dete�rnined by AUGUSTA. (5) If, in the event of an emergency, as determined by AUGUSTA, the DEYELOPER is unable to respand in a timeiy manner, AUGUSTA shall be authorized to erect barricades, tra#Fic direction devices and such other temporary measures as are necessary to rem�dy the emergency nature of the problem at the DEVEL�PER'S expense and allow the DEVELOPER time to make the needed repairs. (6) In the svent 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, af the costs of repairing the improvements due to failure of materiat or poor workmanship as liquidated damages. IN WITNESS WHEREOF, the DEVELOPER has hereunto sest 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 aff'ixed, the day and year first above written. Signed, sealed and detivered, in the presence of: BRENT WILLHAVEN, LLC � ,. �- � laErl B ,f Witness Brent Scarbroug � As Its Member Notary P ' State of � ` � G� By: /.� �'�._ Robert F. Rolader County of �G�-�� -- As Its Manager My Commission Expires: � ,o ��G�� ' � � p �� Q ,•�ciT,q� y� : : � G � p� N : _ � v�'•.�o o R°'4 A •' ' � •�a.ic .� : �+ �,''.�...� . �,��, � 'o ;N,,��. • `• _,,,F . Book 01363:1328 Augusta - Richmond County ' � 201204198910/09/201215:19:41.05 ACCEPTED BY: AUGUSTA, GEORGIA By: �" _ .,� (� _ �1�� David S. Copenhaver � � � As its Mayor....... ri_.�... ...�.-�� -�° x) j -°._ .�. y � � � Attest: � ��" `r� � y �3 'on �' A � V Mct . '�� "-� t c�, ^ (SEA�) � '', � '� , , , : ; �`3 `i � �� . Filed in this office: Augusta - Richmond County 10/09/2012 15:19:41. d5 ELAINE C JOHNSON Clerk of Superior Court AFTER 6�� aC3i� � ��,��C: ` �' f�ETl1Rl� �`P�° Book 01363:1317 Augusta - Richmond County . .' M ��UgUSt� �.c�.d�J �}�i��l�T1E:+R� 201204198410/09/201215:19:41.00 � 520 Gr��r�� a�y�� $O.00AGREEMENT !!!!!!! IIIIIl111! !l1111!!!! lIIII 111lI !I!f!!!II! 1111! 111! IIlI August�, �ec,��om� :3G9�1 KSB !!!!!!lIIIIIIIII!!lIIII!!!!!I►II11111lAA!!II!lIIIlIIIIIIII 2012041984Augusta - Richmond County STATE OF GEORGIA MAINTENANCE AGREEMENT COUNTY OF RICHMOND THIS AGREEMENT, entered into this � day of ti��t . �i1�� 2�,��Z by and between Brent Willhaven, LLC , here�.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 2 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 ��, 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 mon�hs, which Augusta a�cepts 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, �n 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 ! � y'� , . Book 01363:1318 Augusta - Richmond County � " 20120 4198410/09/201215:19:41.00 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 sha11 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. BRENT WILLHAVEN, LLC BY: (L.S.) fLobo,�-t �F u.� tac�(.Q� AS ITS:Managing Member AUGUSTA, GEORGIA CX �1.� L . S . � � � A � As Its Mayor �/a�/�� No ary: ¢� � `` ��l�1��/�� `� O OI�1Nq �! ��< ...... i � � .��oM�+lss�oti.��. My Commission Expires = � '.� �ypT �: n : 5- Zt-13 = �� "�. �c e � � � �� ',.� c ��: % r0 �+.�; zo�3,.•'' (��`�. i ......•• ♦ ♦ �i O � i��G�`�� , . AFTER R�CORD9NC �LEA�€ RETUt��I TO. . • Augusta Law Department 520 Greene Street SUBDIVISION: WILLHAVEN, PHASE III Augusta, Georgia 30901 KSB SECTION II RESOLUTION ADDING ROAD TO THE � AUGUSTA-RICHMOND COUNTY ROAD SYSTEM � 0 U o WHEREAS, Theodore Street is an existing road in Richmond County, Georgia, open to E � � N _ o public usage; and �� =-V o^ == o WHEREAS, Augusta, Georgia desires to make Theodare Street a part of its County Road y �_ � �� _� � N o __ � System. � N Z � � M o g= = NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, � "' � �_= a that Theodore Street is hereby added to its official County Road System of Record, being described as °��_-� ' � °' � �� °' ° o o =_ p � follows and as shown on the attached sketch map or plat showing the approximate aligmment and location O N � � N m N°" � of said Road. (a) Points of beginning and ending: Beginning at existin� Theodore Street Extending a�prox. 565' W to Huntcliffe Drive (b) Length of road to nearest 1/100th mile: 0.11 mile (c) Width & type of road surface: 31' from back of curb to back of curb• Type E asphalt (dj Ri�ht-of-�JVay: . 60' foot The Augusta Comm� csion is hereby directed to forward a certified copy of this resolution to: Georgia Deparhnent of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. ..;: __. Adopted this �� day of S�'�,l'f '�i�1�►�/ , 20 I1— . AUGUSTA, GEORGIA t ; BY: � � ! . �G� As Its Mayor A�t�st .' , � ` �� ,� ��U�� Filed in this office: � fi °"�� Augusta - Richmond County , w r<W , ` y � �' � � �` � 10/09/201215:19:41.02 � � : � �" �- _ _ _ _ �� `` �'" �`�`�� ELAINE C JOHNSON � " �" Clerk of Superior Court A�T'ER RECORDING P'L��S� RE�'UFtN T0: . Augusta Law Deparfim��t = 520 Greene Street SUBDIVI5ION: WILLHAVEN, PHASE III � Augusta, Georgia 30901 KSB SECTION II � � RESOLUTION ADDING ROAD TO THE � � L AUGUSTA-RICHMOND COUNTY ROAD SYSTEM v o �= U � - ' d; __ � m � �w o '� �`� -- � WHEREAS, Huntcliffe Drive is an existing road in Richmond County, Geargia, open to public ��=-=—L �'N�==� N N z__ � usage; and N p�g==; M O J == �, �EREAS, Augusta, Georgia desires to make Huntcliffe Drive a part of �its County Road �� -__ w -_ Q c cn � � °—° � o � � ww � System. Y �O��O , ° o 0 0==o NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, m NEn��N . � . that Huntcliffe 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 aligmment and location of said Road. (a) Points of beginning and ending: Beginning at existing Huntcliffe Drive Extending a�prox. 525' N (b) Length of road to nearest 1/100th mile: 0.10 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 copv of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. . � Adoptecl this ��" day of ,�il�'e ✓A,�j �- � 20 / 2 . � AUGUSTA, GEORGIA BY: C� `� l,o''�/ .- . ��'� As Its Mayor Att�s� � � �� . � Filed in this offi�e: � Augusta - Richmond County ' " ° � 10 /09/201215:19:41.03 . ELAINE C JOHNSON . . . Clerk of Superior Court