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Home My WebLink AboutHERITAGE PARK MAINTENANCE AGREEMENT WATER DISTRIBUTION AND GRAVITY SEWER SYSTEMS (FORMERLY KNOWN AS POINTEWEST PHASE 11 EASEMENT DEED OF DEDICATION WATER DISTRIBUTION AND GRAVITY SEWER SYSTEMSAFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 Greene Street AUGUSTA, GA 30901-4415 KEC STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT Water Distribution and Gravity Sanitary Sewer Systems Streets to remain Privat Streets HERITAGE PARK (Formerly Known As Pointewest Phase II) Book 01371:1886 Augusta - Richmond County 2012050773 12/11/2012 08:20:31.00 $0.00 AGREEMENT 1311113M1111131NIIIM MIN OHM 11111M i an Mil hill Eill MI 2012050773 Augusta - Richmond County THIS , 2012. by and between HERITAGE SUITES, LLC ` acompany established under the laws of 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 sewerage ayntern, for the subdivision known as HERITAGE PARK, as shown by a Deed of Dedication, contemporaneously tendered and recorded in the office of the Clerk of the Superior CourtofFliuhmond 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; N{}VV. THEREFC)F<E, in consideration of the pnamimem, the expense previously incurred by the DEVELOPER and the mutual agreement hereinafter set out, IT IS AGREED that: ( AUGUSTA accepts the water distribution system and gravity sanitary sewerage system for the subdivision, res 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. ( 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 th*d, if during said eighteen month period there is a failure of the installations laid or installed in said subdivision described in the Deed of Dedication 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 AUGUSTA 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: State of (SEAL) , County of CO 'Urn My Commission Expires: F 4 f. 1 AAOTAR * I Pun�W KIMBERLY LEVER Notary Public, Georgia Columbia County My Commission Expires August 01, 2016 Book 01371:1887 Augusta - Richmond County 2012050773 12/11/2012 08:20:31.00 DEVELOPER: HERITAGE SUITES As Its: fti,( t • .*! Wittiest va„ Notary 143fic State of Georgia, County of 4 ,41057r .. 7114%in Expires: 0 • ierf rf, '7 fty tt 2 ; SP gt 0 filA0 VC,/ 00%.+ 44 •4 ( 0, _ 4 4/i y As„. 1 •tkfr,Y4 CO:if -imemasol• AUD 2008 iiJ Book 01371:1888 Augusta - Richmond County 2012050773 12/11/2012 08:20:31.00 AUGUSTA, GEORGIA By: -AO David •openhaver 12/z/0 As Its' ayor Attest: 4 0. 4/41It ena Bonne As Its Clerk of Commisgicin SEAL) Filed in this office: Augusta - Richmond County 12/11/2012 08:20:31.00 Elaine C. Johnson Clerk of Superior Court v 44 AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 Greene Street AUGUSTA, GA 30901-4415 KEC STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT Water Distribution and Gravity Sanitary Sewer Systems Streets to remain Privat Streets 8GBITAGE PARK (Formerly Known As Pointewest Phase II) WITNESSETH Book 01371:1886 Augusta - Richmond County 2012050773 12/11/2012 08:20:31.00 $0.00 AGREEMENT nil iiiii iiiii Ili' 2012050773 Augusta - Richmond County THIS AGF(EEMENT, entered into this day of V . 2012. by and between HERITAGE SUITES, LLC, a company established nodertbelap/aoftbe8tateof Georgia, hereinafter referred to as the "DEVELOPER", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the "AUGUSTA": WHEREAS, the DEVELOPER has requested that AUGUSTA accept the water distribution system and the gravity sanitary sewerage syatomn, for the subdivision known as HERITAGE PARK, as shown by a Deed of Dedication, contemporaneously tendered and recorded in the office of the Clerk of the Superior CourtofF{ichmond 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; NCW. THEREF[)RE, in consideration of the pnamimem, the expense previously incurred by the DEVELOPER and the mutual agreement hereinafter set out, IT IS AGREED that: ( AUGUSTA accepts the water distribution system and gravity sanitary sewerage system 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. ( 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 y by the Augusta-Richmond County Commission. (3) The DEVELOPER agrees 0hed, if during said eighteen month period there is a failure of the J , installations laid or installed in said subdivision described in the Deed of Dedication 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 AUGUSTA 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: N tary Pu State of , County of CO U.r My Commission Expires: (SEAL) KIMBERLY LEVER Notary Public, Georgia Columbia County My Commission Expires August 01, 2016 Book 01371:1887 Augusta - Richmond County 2012050773 12/11/2012 08:20:31.00 DEVELOPER: HERITAGE SUITES, As Its: fte / 12 7- 4 " Witne V 4). Notary Pic State of Georgia, County of xgei) AUD 2008 Book 01371:1888 Augusta - Richmond County 2012050773 12/11/2012 08:20:31.00 AUGUSTA, GEORGIA By: z itillf David Copenhaver 12/21 As Its ayor A/2 Attes ena Bonne As Its Clerk of CornmisAdn Filed in this office: Augusta - Richmond County 12/11/2012 08:20:31.00 Elaine C. Johnson Clerk of Superior Court AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 Greene Street AUGUSTA, GA 30901-4415 KEC STATE OF GEORGIA COUNTY OF RICHMOND EASEMENT DEED OF DEDICATION Water Distribution and Gravity Sanitary Sewer Systems Streets to remain Private Streets HERITAGE PARK (Formerly Known As Pointewest Phase II) WHEREAS, HERITAGE SUITES, LLC, a company established under the laws of the State of Georgia, (hereinafter known as "DEVELOPER") owns a tract of land in Richmond County, Georgia, on Pointewest Drive, known Heritage Park Subdivision, and in the building of a housing subdivision on said tract, it 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 system, 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, it is the desire of DEVELOPER to reserve unto itself the maintenance and control of the storm drainage system and the road and street system; and WHEREAS, a plat of the above stated subdivision has been prepared by H & C Surveying, Inc., dated June 25, 2012, revised September 15, 2012, said plat being filed in the Realty Records section of the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel ( "eNag Page(s) o/Cp 3 , 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 AUD 2008 Book 01371:1860 Augusta - Richmond County 2012050771 12/11/2012 08:19:26.00 $0.00 EASEMENT HIE Ell MIN MI ORM nig 11111 UW 1111 hUh III int 2012050771 Augusta - Richmond County Book 01371:1861 Augusta - Richmond County 2012050771 12/11/2012 08:19:26.00 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, 20 between DEVELOPER and AUGUSTA, WITNESSETH: 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' easement(s), in perpetuity, centered over the water distribution system and the gravity sanitary sewerage system, as shown on the aforementioned plat. All easements are granted together with all of the necessary rights of ingress and egress for the purpose of maintaining the described water distribution system and gravity sanitary sewerage system. ALL EASEMENTS are granted unto AUGUSTA with the right to stretch communication lines, or other lines, within the easements, for the use of AUGUSTA, its assigns, representatives, agents, and designees, upon or under said land, within said easements, with the necessary cables, wires, apparatus, fixtures and appliances; and with the right to assign said easements in whole or in part. DEVELOPER, having elected to maintain the roads and streets as private streets, covenants that its heirs, legal representatives, successors and assigns, shall repair, pave, or replace any private parking lot, road or street, or any portion thereof, or any landscaping, through which AUGUSTA may excavate or perform other work in connection with repairs, construction, maintenance, or extension of its water distribution system and sanitary sewerage system, and shall grant to the AUGUSTA the necessary easement(s) in connection with such construction or extension. 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 laying, relaying, installing, extending, operating, repairing and maintaining of pipelines AUD 2008 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. 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. Witness tary of , County of CO Iu m6-I a i1Vy Commission Expires: (SEAL) s KIMBERLY LEVER f*: Notary Public, Georgia Columbia County PUBt‘C. My Commission Expires August 01, 2016 A111111111■ AUD 2008 I Book 01371:1862 Augusta - Richmond County 2012050771 12/11/2012 08:19:26.00 DEVELOPER: HERITAGE SUITES, LLC iJcieph odd As Its: It4 !)a V ............Ii . . _....4.10.0411044tvion Expires: % liA-A° .1:" 4 .•••••••• . 0 ee NIIA e_ ,r ir v ., or , e• 1944 0 ' ;' s 0 0 ,. I 4 O c,0 1 a LI 13%.‘_e ei Sedi .A4 4 !A CO %1—, 110mx■■ ■•-- Notary Eublic State of Georgia, County of AUD 2008 Book 01371:1863 Augusta - Richmond County 2012050771 12/11/2012 08:19:26.00 By: 40 David Copenhaver As It Ma or / A t tteSt: A / / f idi 14. 111'46 ° As Ite . Aitz 4. 43 r % •,--.; v '4 '4 tk * AUGUSTA, GEORGIA Filed in this office: Augusta - Richmond County 12/11/2012 08:19:26.00 Elaine C. Johnson Clerk of Superior Court