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Home My WebLink AboutMAINTENANCE AGREEMENT VILLAGE RIVERWATCH, DEED OF DEDICATION, DEED OF DEDICATION, DEED OF DEDICATION, DEED OF DEDICATION COSTCO, MAINTENANCE AGREEMENT, MAINTENANCE AGREEMENT, ROAD RESOLUTION ADDING ALEXANDER DRIVE TO ROAD SYTEMAFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 GREENE STREET AUGUSTA, GA 30901 -4415 WB STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT VILLAGE at RIVERWATCH (Water Distribution System) THIS AGREEMENT, entered into this day of /2 P r . 2012, by and between AUGUSTA VILLAGE AT RIVERWATCH; LLC, a Delaware limited liability company, and THE MGHERRING GROUP, INC., a Delaware corporation, hereinafter referred to as the "DEVELOPER ", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the "AUGUSTA ": WITNESSETH Book 01377:1029 Augusta - Richmond County 2013001637 01/16/2013 15:19:36.00 $0.00 AGREEMENT liliii ii1iiiIiiii iiiiliIIii ilia 11iU iiiii i11i1i 2013001637 Augusta - Richmond County WHEREAS, the DEVELOPER has requested that AUGUSTA accept the water distribution system, as shown on a set of Water As -Built Drawings, prepared by Southern Partners, Inc., dated October 3, 2011, and revised November 10, 2011, and 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, said water distribution system is located in the VILLAGE AT RIVERWATCH, hereinafter referred to as the "DEVELOPMENT ", as shown on a plat of same prepared for The MGHerring Group, by GeoSurvey, Ltd., dated December 10, 2010, revised September 14, 2011, and October 13, 2011; and WHEREAS, AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those installations and systems laid or installed in the DEVELOPMENT, which AUGUSTA does accept by Deed of Dedication, 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 for the DEVELOPMENT, respectively described in the Deed of Dedication contemporaneously tendered herewith to the Augusta- Richmond County Commission and that said water distribution system was duly inspected by the Augusta Utilities Department on November 28, 2011, and said water distribution system did pass such inspection. Page 1 of 3 Book 01377:1030 Augusta - Richmond County ' 2013001637 01/16/2013 15:19:36.00 (2) The DEVELOPER agrees to maintain all the installations laid or installed in said DEVELOPMENT 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 DEVELOPMENT 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: WITNESS N4/'\ By: State of Attest: County of Oc~✓ / By 7!Ill 3 G;t(0, My Commission Expires: t 1 ' 2 Z ✓ .3-° M As Its: 1 mint Yro-mste-e-- "'* ROBIN J. UPCHURCH s. Notary Public, State of Texas My Commission Expires November 22, 2014 AUGUSTA VILLAGE AT RIVERWATCH, LLC THE MG ' RING RO , INC a 1 /! ;e�,rd Davi Sta Vice Chairman As Its: Chef tuisign & Construction Officer (SEAL) Page 2of3 WITNESS t) 1 ) 2e9ta . NOTARY MO 4 i1 • " Y e �p 4' 'q • My Cor pire C1 IweGa.% "41 E8 .• efr �� °•o e meto ° r*� � y C sD�43. Book 01377:1031 Augusta - Richmond County 2013001637 01/16/2013 15:19:36.00 AUGUSTA, GEORGIA By: Deke Copen aver � � Jz x s Its: Mayor Filed in this office: Augusta - Richmond County 01/16/2013 15:19:36.0 Elaine C. Johnson Clerk of Superior Court Page 3 of 3 ~ AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 GREENE STREET AUGUSTA, GA 30901 -4415 WB STATE OF GEORGIA COUNTY OF RICHMOND Book 01377:1021 Augusta - Richmond County 2013001636 01/16/2013 15:19 :03.00 $0.00 WARRANTY DEED 11111111111111011111111101111111 2013001636 Augusta - Richmond County EASEMENT DEED OF DEDICATION Village at Riverwatch [Water Distribution System in Alexander Drive (Public) and Comcast Lane (Private)] WHEREAS, Augusta Village at Riverwatch, LLC, a Delaware Limited Liability Company, and The MGHerring Group, Inc., a Delaware corporation, hereinafter known as "DEVELOPER ", own a tract of land in Richmond County, Georgia, known as the Village at Riverwatch, as shown on a plat of same prepared for The MGHerring Group, by GeoSurvey, Ltd., dated December 10, 2010, revised September 14, 2011, and October 13, 2011, recorded in the Realty Records section of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Book 7, Pages 191 -194, and in the development of said property, has laid out a water distribution system; and WHEREAS, it is the desire of DEVELOPER, to deed the water distribution system to AUGUSTA, GEORGIA, (hereinafter known as "AUGUSTA "), a political subdivision of the state of Georgia, acting by and through the Augusta- Richmond County Commission, for maintenance and control; and WHEREAS, a set of Water As -Built Drawings, of the above stated development, prepared by Southern Partners, Inc., dated October 3, 2011, and revised November 10, 2011, said drawings being recorded as an attachment to this document, and to which reference is hereby made to said drawings 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 NOW, THEREFORE, this indenture made this DEVELOPER and AUGUSTA: day of Dec.ent4er, 2012 between Page 1 of 4 W ITN ESSETH: Book 01377:1022 Augusta - Richmond County 2013001636 01/16/2013 15:19:03.00 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, by AUGUSTA, has and does by these presents, grant, bargain, sell and confirm unto AUGUSTA, its successors and assigns, the following, to -wit: A water distribution system, as shown on said Water As -Built drawings, including all pipelines, fire hydrants, valves, and other apparatus, fixtures and appliances, which are located in Alexander Drive and Comcast Lane (which is also noted as "New 70' Access and Utility Easement on the Village at Riverwatch plat); and In COMCAST LANE / "New 70' Access and Utility Easement" - a Private Road: Exclusive 20 foot easement(s) in perpetuity centered over the water distribution system, as shown on the aforementioned drawings, 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. ALSO, in ALEXANDER DRIVE - a Public Right -of -Way: Exclusive 20 foot easement(s) in perpetuity centered over the water distribution system, as shown on the aforementioned drawings, 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. DEVELOPER, having elected to maintain Comcast Lane / "New 70' Access and Utility Easement" as a private street, covenants that its heirs, legal representatives, and successors and assigns, shall repair, pave, or replace any private parking lot, road or street, or any portion thereof, through which AUGUSTA may excavate or perform other work in connection with repairs, construction, maintenance, or dxtension of its water distribution system, and shall Page 2 of 4 Book 01377:1023 Augusta - Richmond County 2013001636 01/16/2013 15:19:03.00 grant to the AUGUSTA the necessary easement(s) in connection with such construction or extension. DEVELOPER does agree that when construction or maintenance is necessary, on any part of the water distribution system, 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. 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 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, 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. Page 3 of 4 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 the presence of: WITNESS t NO ARY PUBLI State of JukKo)__ My Commission Expires: County of OC41(2 By: ROBIN J. UPCHURCH Notary Public, State of Texas f «g My Commission Expires November 22, 2014 By: Book 01377:1024 Augusta - Richmond County 2013001636 01/16/2013 15:19:03.00 AUGUSTA VILLAGE AT RIVERWATCH, LLC THE MGHERRING GR • UP, IN Da i'St • tz As Its: Vice Chai Chief Design & Construction Officer Attest: d liecv 1 /U As Its: DeA/C 10rne.r 3 tk AUGUSTA, GEORGIA By: 02 A A g David S. Copenhaver 12� s Its: Mayor N/F COMMONS AT R /VERWATCH, LLC X X N/F AUGUSTA VILLAGE AT RIVERWATCH, LLC X ALEXANDER DRIVE 100 RAY 12' vNAE auE E A1].lsT iW2�tY 1/ / Book 01377:1026 Augusta - Richmond County 2013001636 01/16/2013 15:19:03.00 WATER AS -BUILT FOft 11-1201PCSIED CCSTCC PROPERTY LOCATED DI 111E 0010 RATA. a/ 0010.40, Richmond Canty AUGUSTA, RICHMOND COUNTY, GEORGIA OATS : OCTOBER 3. 2011 SCALE : 1' 4. 10' REV. November 10. 2011 AUGUSTA. RICNIAOND COUNTY 0014■ENTE PREPARED FOR: BRENT SCARBROUGH & CO.. INC ,.S R®749301 AVON. FM abR00 0x14 PREPARED Dy SOUTHERN PARTNERS. INC. 1233 AUGUSTA 01 :A AUGUSTA u •a pmT MS-4W / /3'RL2 GRAPHIC SCALE 1202.0704 WAS u 701710.7S N/F r N/F AUGUSTA VILLAGE AT RIVERWATCH. LLC X 9l#T 2 OF 4 7111327.71 WSW E ( % INTERSTATE 20 % (VARIABLE RIGHT —OF —WAY, EAST BOUND LANES) 11 12012•71.01 VAIN E 7005.1E J ( POSY 11101.7010 VALVE E 70100737 GRAPHIC SCALE non) 1 1DAS AO ft WATER AS -BUILT IPRCpCSFD COSTCC PROPERTY LOCATED IN TE 90TH FWD. 02 Auguste. Richmond Canty AUGUSTA, RICHMOND COUNTY, GEORGIA DATE : OCTOBER 3, 2011 SCALE 1• - AV REV. November 10. 2011 AUGUSTA NO MONO CWNTY COMMENTS PREPARED FOR : BRENT SCARBROUGH 6 CO.. INC 155 ROMER AYR. ,ANETTEN E. GEORGIA BOMA PREPARED BY SOUTHERN PARTNERS. INC. IBM AUGUSTA VEGT PAPAW., AO)00* OA 30000 (700) .00 -0000 SHEET J OF 4 Book 01377:1027 Augusta - Richmond County 2013001636 01/16/2013 15:19:03.00 r ��ALEXANDER DRIVE 100' R/W X N/F AUGUSTA VILLAGE AT RNERWATCH, LLC X X JONES COMMUNICATIONS OF GEORGIA X RIVER SHOALS PKWY 100' R/W ;Cain pulp N Isamu, r NYSE WATER AS —BUILT IPROpOSFD COSICO PROPERTY LOCATED N DE 110111 MILD. nl Auputo. RWunen0 Canty AUGUSTA. RICHMOND COUNTY. GEORGIA DATE : OCTOBER 0. 2011 SLUE : 1' N 40' REV. November 10, 2011 AUGUSTA, POCIW0N0 COUNTY COMMENTS BREPARED BRENT SCARBROUGH & CO.. INC 155 RAN AVEME EATETR.INE GEORGIA 30714 PREPARED BY ; SOUTHERN PARTNERS. INC. 12.53 MAZY BEST BZWAY HAMA oA MeO Oul 856—Moo GRAPHIC SCALE 1 m� SHEET 4 OF 4 Filed in this office: Augusta - Richmond County Book 01377:1028 Augusta - Richmond County 2013001636 01/16/2013 15:19:03.00 Elaine C. Johnson Clerk of Superior Court AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 GREENE STREET AUGUSTA, GA 30901 -4415 WB STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION (Roads and Storm Drainage) Book 01377:1018 Augusta - Richmond County 2013001634 01/16/2013 15:16:34.00 $0.00 WARRANTY DEED 2013001634 Augusta - Richmond County THIS INDENTURE, made and entered into this he of t� 012,, between The MGHerring Group , 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: 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 Countyl, Georgia, consisting of the street(s) and roadway(s) in that area know as Alexander Drive and Storm Drainage System , which is delineated on a plat prepared by GeoSurvey, Ltd. dated 12/10/2010 , which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in R.ealty Reel 8 , Page 168 , 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: 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. 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. 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: Notary Public My Commission Expires 1► 2 - 1 � Book 01377:1018. 2 Augusta - Richmond County 2013001634 01/16/2013 15:16:34.00 y, ROBIN J. UPCHURCH Notary Public, State of Texas ,. . • My Commission Expires � 114; ∎ t}`, . Navgmber 22 2014 All that tract or parcel of land lying and being in the City of Augusta, Georgia, in the 90 G.M.D. of Richmond County and being more particularly described as follows: To find the True Point of Beginning commence at the east side of the mitered intersection of the westerly right of way of River Shoals Parkway having a 100' right of way and the northern right of way of River Watch Parkway (aka Georgia State Route 104) having a variable right of way and thence run along said miter South 80 degrees 23 minutes 26 seconds West a distance of 162.78 feet to said northerly right of way; Thence run along said northerly right of way North 73 degrees 37 minutes 18 seconds West a distance of 197.63 feet to a 5/8 "rebar set; Thence along the arc of a curve to the left having a radius of 2,604.32 feet a distance of 869.03 feet to a 5/8 "rebar set with said curve being subtended by a chord bearing of North 84 degrees 59 minutes 44 seconds West and a chord distance of 865.01 feet; Thence South 85 degrees 24 minutes 04 seconds West a distance of 412.75 feet to a 5/8 "rebar set at the True Point of Beginning. Thence from said True Point of Beginning thus established and continuing along said southeasterly right of way the following three courses; South 85 degrees 24 minutes 04 seconds West a distance of 35.88 feet to a 5/8 "rebar set; Thence South 79 degrees 13 minutes 10 seconds West a distance of 99.76 feet to a 5/8" rebar set; Thence run South 79 degrees 16 minutes 13 seconds West a distance of 51.21 feet to a 5/8" rebar set; Thence leaving said right of way and run North 29 degrees 51 minutes 28 seconds East a distance of 65.07 feet to a 5/8" rebar set; Thence run North 05 degrees 02 minutes 09 seconds West a distance of 28.94 feet to a 5/8" rebar set; Thence along the arc of a curve to the right having a radius of 350.00 feet a distance of 658.48 feet to a 5/8 "rebar set with said curve being subtended by a chord bearing of North 48 degrees 51 minutes 42 seconds East and a chord distance of 565.58 feet; Thence run South 77 degrees 14 minutes 27 seconds East a distance of 239.47 feet to a 5/8 "rebar set; Thence along the arc of a curve to the left having a radius of 595.00 feet a distance of 210.33 feet to a 5/8 "rebar set with said curve being subtended by a chord bearing of South 87 degrees 22 minutes 03 seconds East and a chord distance of 209.24 feet; Thence along the arc of a curve to the left having a radius of 595.00 feet a distance of 282.71 feet to a 5/8 "rebar set with said curve being subtended by a chord bearing of North 68 degrees 53 minutes 37 seconds East and a chord distance of 280.06 feet; Thence run North 55 degrees 16 minutes 49 seconds East a distance of 811.12 feet to a rebar set; Thence run South 34 degrees 43 minutes 06 seconds East a distance of 100.00 feet to a 5/8" rebar set; Thence run South 55 degrees 16 minutes 49 seconds West a distance of 811.12 feet to a 5/8" rebar set; Thence run along the arc of a curve to the right having a radius of 695.00 feet a distance of 575.90 feet to 5/8" rebar set with said curve being subtended by a cord bearing of South 79 degrees 01 minutes 14 seconds West and a chord distance of 559.57 feet; Thence run North 77 degrees 14 minutes 27 seconds West a distance of 239.47 feet to a 5/8" rebar set; Thence run along the arc of a curve to the left having a radius of 250.00 feet a distance of 470.34 feet to 5/8" rebar set with said curve being subtended by a cord bearing of South 48 degrees 51 minutes 42 seconds West and a chord distance of 403.98 feet; Thence run South 05 degrees 02 minutes 09 seconds East a distance of 18.69 feet to a 5/8 "rebar set; Thence run South 50 degrees 03 minutes 51 seconds East a distance of 69.08 feet to a 5/8" rebar set and the True Point of Beginning. Said tract or parcel to contain 5.152 Acres. Legal Description Lot Three 04/25/2011 Book 01377:1018. 3 Augusta - Richmond County 2013001634 01/16/2013 15:16:34.00 (SEAL Accepted bY. NA.3GUST GEOR-GlA f APPROV D FINAL PLA ' 2 �!,ffitd 0,047 gjna,4 T iara A P!r" baa..,,..� , I #- ,.�.....»,.,.. 1032 The AIGHerring Group . APPROVED FINAL PLAT 0,493( 4.490.049 ele: 2) .070 '4 - 9991 e»8 G+.wv'e4 • «AW` ...... ...... ,CaBl... 3 333. 3� A� G'�a„Tny :• :: X 4 J 333 "" ,. _ __. 33__33... ...._.._ ............. R7ACVa'AY GFi3 =.Cfi?i T 4F Alexander Drive 1032 The AIGHerring Group . "' ' 0440: I "= 1 St,adv 3:: JA fY- ; A- A : RC ............ .. Fii{: fl'f04t3't x, Al �cr 3333._ 3.333... ......._. � 3333. 3f 930 PJli'4BEE 0930 961780 off' 09 er, s Agreanen 047 44 044470 49 cwm gets dz. r^ 200x' R t04 Nw0' 499 T .X' WAY A$ .9.4X)(930 {Ay *RATA 199. PA WA. 4N: ds.11 40 4 790 •: 4 0 4 4R. A 499 t 9a tAtsras Cam EX WATT , `A,4` 0494 9809 PR7 x' p .C, ma?, ex F f019c04 A e 9490004 Ire eD peCn 90 0 +a'OY Gccair of rely.wy 0G. 0993, ,ec trrAPASS 1 9 ,49 L' 4 rStd'rSAY mac .4 0, .Ssz'93 1F VAP,C0A, SA 4'220 AR001AM 'PAA A ...A tS AT€QNS STANDAR 000.x! 342: 94 494/401 400, .488.9:/ 5'MZStP:'LL, GA .:9393123- 49:)3' 7304:009 779- 9999 - :924 FAX 9 OY'R:90? 0 h 400 0 +./51493 CMP S'A / 0:' AA2 LAX" PY, 0004/9 04. 4/0 89 ( -9.0t ekitiP. 03 3/9'04'/) C• ' 4/ A 94/024 Rk "?£9380 *CAW 90 /eA/22A. ,s. 990/ P'ev`T00 204) 82■- 24180. A, (AO+ GPoT 4/0/9 fs.P • FAe. '/:,4 ,a3, SA 1 CLOSURE STATEMENT A /SASSO.' P4F°E4/410 f4" 40/7 a27,AV MOWN IF YOU OW Know what's below. CaII before you dig. Dial 811 Or Cal 800- 282 -7411 0/99 1440/4/03 5.392 't'iAL 422,44&24 44' LOTS 9 ?094 Imar i6' WAY) 4. 224E2 "t7 6.., "24' AK, " ?7A9A3 1 9499 , AND 422 1940 ,■X93.918'0/ YAW SE 9!444 ARSE: e'7l0/4T - L' AS7 eom 4192014 999904T ds :d_0 49 k04AALMA LOY .44 NOT 07A74LI .90 99044.832 342202 9444 YA'•t4Y3 4,^+ft „,( "84,`.70.`: 90470)0 42 1:'.A''10R02 / 8X'3 99344£ 90 PL09844' AMC 79.8499 PM* ;a 0;0893(0 PR 00094 4 WMON 80"49 ^e S'. 184 494229 914+ TAX PA 14:£2 99979944 Tgei` Al ^944/193,44 41 AS A 1344' 7I'9 .049987 $' WAY <A` x!040 4 (48147 : :,YxrAlsf$2 StS H9/04//) 170 ACarrta badl9`3tr r3: Ur':V4: M04040ta C 90.04 0000 70) 4 0 �7 ) 0) 795 Book 01377:1018. 6 Augusta - Richmond County 2013001634 01/16/2013 15:16:34.00 VICINITY MAP 531E E£> - GENERAL NOTES 1 4/7. /399 w'.4 4803:8 0.' 0400 A OS A AS ,48/9 t €3EF rH2 or !d:•F, "F'rP'.1E .9"4•:.^93. >§TJA' :+3393.. ty s 1 /' t rw V :As AFASSt AsstsfrWFAS StrAN S;R ASANA ..(t( r4 :0/4,,4 /423 3.'299 2 44,4 0 ,X 1, ACS .e•:; H. 7 (, +� ? "' 93 '0' SURVEY REF"EREM0E6 9/8/ 9424.0/ 8,S. WAAPAPTO MP ,4 /40 WAWA (4)087 „2 N:A'4RA0M. TA47'Y Y2'PARErs (OF 40244 1T ,&2'L 84466.94/70 U,S :0A'm /9493 3G 2/14 .439& 98442404 A 34£±1904/ .„.� 0 "04644194 94 KLA* _% 93!0(244 49 9090/949P'"•r; SSA Xt> 00 .7 : 24402 494 >~Y073 4 4 8 :494` 4'492040009 9403. 47 A a44 LA?4 949 S 47 3'£82 /200/4.934,"(8( 0990.95 08.40 A 9.AAFF A "1/4 A40 : 90 . 815/0 704449 2i 934`971. 4417 Y' M 20019 Iry .3/197408440 44 93x494, 983: s' ° 2 0''.tiw.@N'9985 8I Wm`T'AF1P ,z 40849934044 8403 93 fS 7 /' 944 /89KX 3. 24/9 - 439'O 84/ 94/074 9/ 4 9434 r49 9 09,4 9399. SCHEDULE G FORM OF ROADWAY WARRANTY G -1 Book 01377:1018. 5 Augusta - Richmond County 2013001634 01/16/2013 15:16:34.00 ATLANTA:5277880.7 RO?DWAY E 1 EN PLAT OF Ale xander Drive " FOR The MGlienwing Group GS ,ha ta 2004018 gAVAC $C /"6 tory gul906 D4,7r, 12.-to-201* imtlil Fp_A IF.P.A, ./0 ‘ ML CPA% AUGUSTA STATE 0000A m Lot c,A4 C0. 4140N0 -4---- i .0000/0 JAC TAID: 90Ih ,.: NO ng, 70iO40 ''''■ e. ff.5 atOMAIrkft A.S.21f .0a7 rta KAT elbditab80., AM.?. .., go l000goog S'e Mit% Mr..fieNi. .$ OEM 8 (.2414 SWF raa 10 40 AUGUSTA VILLAGE AT RIVERWARN, ILC .,..,, 'k, : ', ',.r. ' .........,,N.3,.. e„Y0, L GRAPHIC SCALE 9 so 099 990 Filed in this office: Augusta - Richmond County keT /40//// 46 AUGUSTA VILLAGE AT RIVERVVAIrli, CLC /049 999v ; 94 •9,3" A0/90o lodustg Drive MtriettglIg 0e0o9ia 30090 Phont: (77(/ 795-- Fax,. Cg 8880 we,v.,;,:veYee Vey ..e.Vee' RIGHT OF WAY 4. 5. 4 24 A -V.aCke, /6... fte 40/219 64.6 f.e.. 05057 Book 01377:1018. 7 Augusta - Richmond County 2013001634 01/16/2013 15:16:34.00 110 ,P BIVb ST'■1;111,_ o tZ,1 , Elaine C. Johnson Clerk of Superior Court rno /0//304) .14iltr (01 LT LANE AtIGUSTA ACiE AT RIVE:RV/Alt/I LLC COSWO WHOLESALE CORPORATION 8g:90 goxo, 4.03 oAgrE A s AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 GREENE STREET AUGUSTA, GA 30901 -4415 WB STATE OF GEORGIA COUNTY OF RICHMOND Book 01377:1032 Augusta - Richmond County 2013001638 01/16/2013 15:20:38.00 $0.00 WARRANTY DEED 111 11 Hill iiiii Illlii1111111ifi11 11 1111 III 2013001638 Augusta - Richmond County EASEMENT DEED OF DEDICATION Village at Riverwatch [Sanitary Sewer System: Gravity, Lift Station and Force Main] WHEREAS, Augusta Village at Riverwatch, LLC, a Delaware Limited Liability Company, and The MGHerring Group, Inc., a Delaware corporation, hereinafter known as "DEVELOPER ", own a tract of land in Richmond County, Georgia, known as the Village at Riverwatch, as shown on a plat of same prepared for The MGHerring Group, by GeoSurvey, Ltd., dated December 10, 2010, revised September 14,2011, and October 13, 2011, recorded in the Realty Records section of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Book 7, Pages 191 -194, and in the development of said property, has laid out a sanitary sewer system; and WHEREAS, it is the desire of DEVELOPER, to deed the sanitary sewer system to AUGUSTA, GEORGIA, (hereinafter known as "AUGUSTA "), a political subdivision of the state of Georgia, acting by and through the Augusta- Richmond County Commission, for maintenance and control; and WHEREAS, a set of Sanitary Sewer As -Built Drawings, of the above stated development, prepared by Southern Partners, Inc., dated October 3, 2011, and revised November 10, 2011, said drawings being recorded as an attachment to this document, and to which reference is hereby made to said drawings 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 sanitary sewer system; and NOW, THEREFORE, this indenture made this /S 'Mday of )perntber, 2012 between DEVELOPER and AUGUSTA: Page 1 of 4 W1TNESSETH: Book 01377:1033 Augusta - Richmond County 2013001638 01/16/2013 15:20:38.00 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 sanitary sewer system, by AUGUSTA, has and does by these presents, grant, bargain, sell and confirm unto AUGUSTA, its successors and assigns, the following, to -wit: A sanitary sewer system, as shown on said Sanitary Sewer As -Built drawings, including all pipelines, the lift station, an existing 6" force main, and any other apparatus, fixtures and appliances needed to operate the system; and Exclusive easements in perpetuity centered over the sanitary sewer system, as shown on the Village at Riverwatch plat as "Easement A ", "Easement B ", "Easement C ", "Easement D ", "Easement E ", "Easement F ", "Easement G ", and "Easement H ", to which reference is hereby made for more accurate descriptions; and An exclusive 20 -foot easement in perpetuity, centered over the gravity sanitary sewer pipeline, located near the conjunction of Alexander Drive (Public) and Comcast Lane (Private) as shown on page 2 of the Sanitary Sewer As- Builts, but is not shown on the Village at Riverwatch plat; and An exclusive 20 -foot easement in perpetuity, centered over the gravity sanitary sewer pipeline, where it crosses Comcast Lane (Private); and Exclusive 20 -foot easements over the "Existing 6" PVC Sanitary Sewer Force Main ", as shown in the Sanitary Sewer As -Built drawings; 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. DEVELOPER, having elected to maintain Comcast Lane / "New 70' Access and Utility Easement" as a private street, covenants that its heirs, legal representatives, and successors Page 2 of 4 Book 01377:1034 Augusta - Richmond County 2013001638 01/16/2013 15:20:38.00 and assigns, shall repair, pave, or replace any private parking lot, road or street, or any portion thereof, through which AUGUSTA may excavate or perform other work in connection with repairs, construction, maintenance, or extension of its sanitary sewer system, and shall grant to the AUGUSTA the necessary easement(s) in connection with such construction or extension. DEVELOPER does agree that when construction or maintenance is necessary, on any part of the sanitary sewer system, 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. 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 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 sanitary sewer 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. Page 3 of 4 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 the presence of: c- - WITNESS NOTARY P State of County of 7) n itC1N,VIC UBLI My Commission Expires: I )- V? ROBIN J. UPCHURCH - ;'• �` '= Notary Public, State of Texas 2 ;•• �, My Commission Expires . F4i N Z,Q�4 ‘/- 4,1t NOT • IC 0 , qq0 A Bt,® /ma�c? M Ct1 k ` ' '..: / J62cbuda,' Book 01377:1035 Augusta - Richmond County 2013001638 01/16/2013 15:20:38.00 AUGUSTA VILLAGE AT RIVERWATCH, LLC THE MG. ERRING GROUP, By: IPA Attest: By: As Its: David Sta . tz Vice Chairman Chief Design & Construction Officer As Its: i:ern..Lot (SEAL) AUGUSTA, GEORGIA By: (.12„;e4 �-- t V/�� S. Copenhaver As Its: Mayor Attest: 144e.,S 1110 A Book 01377:1036 Augusta - Richmond County 2013001638 01/16/2013 15:20:38.00 20 rAliT SEFER EASEMENT Z GEORGIA POWER COMPANY X " ----- - -- - ---- EVC ----- -,... - 1 P11„..„ "'"Pip , ----,, --, -■ -,-... ` '',' -8 "-9)- % GEORGIA POWER COMPANY Z LEE H. B RANDENBURG A' 32-551.111 XII r OttP.207.23 E A 193.48 E 195.3 n SANITARY SEWER AS—BUILT FOR IVRC COS PROPERLY LOCATED IN TIE 90114 GILD. of Aare., Richmond County AUGUSTA, RICHMOND COUNTY, GEORGIA BATE OCTOBER 3, 2011 SCA. 1 = 40' REV. November 10. 2011 AUGUSTA, RICHMOND COUNTY COMMENTS ppEpotEo Eof BRENT SCARBROUGH Er CO.. INC 155 ROBINSON AVENUE EAYETYPALLE, GEORGIA. 30214 / 10 101 00) PREPARED BY: SOUTHERN PARTNERS. INC. 1233 AYOUTPA PARAWAE new:41 ess-soco % NA COMMONS AT RIVERWATCH, LLC % GRAPHIC SCALE 7 7 ( tuRf ) 1 loch 40 ft. SHEET 1 OF 4 A Book 01377:1037 Augusta - Richmond County 2013001638 01/16/2013 15:20:38.00 Z N/F AUGUSTA VILLAGE AT RIIVERWATCH, LLC % F420I1OSED OOSTOO PROPERTY LOCA1 D IN 1HE BOTH GAM. of Augusta, Richmond Carney AUGUSTA, RICHMOND COUNTY, GEORGIA DAIS : OCTOBER 3, 2011 SCALE : 1 re 40' REV. November 10, 2011 AUGUSTA, RICHMOND COUNTY COMMENTS PREPARED NR : BRENT SCARBROUGH S CO., INC 155 PCONSON AVENUE PARETIE„ME «a1aA 30314 SOUTHERN PARTNERS, INC. MI ADZ& NaT ;Army ADasTA oA. Ra OO) ess -rape X N/F AUGUSTA COLLAGE AT RIVERWATCH, LLC % ,T; INTERSTATE 20 7; (VAR/ABLE RIGHT—OF—WAY, EAST BOUND LANES) Book 01377:1038 Augusta - Richmond County 2013001638 01/16/2013 15:20:38.00 GRAPHIC SCALE 15111 SANITARY SEWER AS—BUILT rat 141201)49SED CCSICt PROPERTY LOCATED IN 1HE 907H GAD. 01 Auguste. Motxnand County AUGUSTA, RICHMOND COUNTY, GEORDIA DATE OCTOBER 3, 2011 SCALE 1 = 40' REV. November 10, 2011 AUGUSTA. RICHMOND COUNTY COMMENTS PREPARED FCR: BRENT SCARBROUGH & CO.. INC 155 1.41SON AlEXUE METTEVILLE, GEOPCIA 302. PREPARED : SOUTHERN PARTNERS. INC. 72515022977 VIT P220 ' 2ZI OUITAIncioriloin onn SHEET 3 OF 4 t isn6 y 6£p 9 t�� OZ y 1 ONO9N o dbe ' 337 /N L _ �MJ1d S N 7VaciS 61 -74 /8 /v . V 7dp3O >O SNOOVj /NnrvO / / � � --> f� -.- i N 11 u AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 GREENE STREET AUGUSTA, GA 30901 -4415 WB STATE OF GEORGIA COUNTY OF RICHMOND EASEMENT DEED OF DEDICATION COSTCO [Gravity Sanitary Sewer] Book 01377:1063 Augusta - Richmond County 2013001642 01/16/2013 15:23:23.00 $0.00 QUITCLAIM DEED - i 111MIIYi i111i i i iiiiiiii Iii i111111 ii1111111III iI - 2013001642 Augusta - Richmond County WHEREAS, Costco Wholesale Corporation, a Washington corporation, hereinafter known as "COSTCO ", owns a tract of and in Richmond County, Georgia, which is shown as "Lot One" on a plat of Village at Riverwatch, prepared for The MGHerring Group, by GeoSurvey, Ltd., dated December 10, 2010, revised September 14, 2011, and October 13, 2011, recorded in the Realty Records section of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Book 7, Pages 191 -194; and WHEREAS, in the development of the Village at Riverwatch and the COSTCO property, a sanitary sewer system was constructed, a portion of which is located on the COSTCO property; and WHEREAS, it is the desire of COSTCO, to deed that portion of the gravity sanitary sewer to AUGUSTA, GEORGIA, hereinafter known as "AUGUSTA ", a political subdivision of the state of Georgia, acting by and through the Augusta- Richmond County Commission, for maintenance and control; and WHEREAS, AUGUSTA, by and through the Augusta- Richmond County Commission, has consented and agreed to accept and maintain said gravity sanitary sewer; and Page 1 of 4 WITNESSETH: Book 01377:1064 Augusta - Richmond County 2013001642 01/16/2013 15:23:23.00 NOW, THEREFORE, this indenture made this `g of lexelid2fL, 2012 between COSTCO and AUGUSTA: COSTCO, 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 gravity sanitary sewer, by AUGUSTA, has and does by these presents, grant, bargain, sell and confirm unto AUGUSTA, its successors and assigns, the following, to -wit: That portion of a gravity sanitary sewer, as shown on a set of Sanitary Sewer As -Built drawings, prepared by Southern Partners, Inc., dated October 3, 2011, and revised November 10, 2011, and located on the property of COSTCO. Also, a 30 foot wide perpetual nonexclusive easement centered over the gravity sanitary sewer pipeline, and which is shown as "Easement A" on the aforementioned plat for the Village at Riverwatch, 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 sanitary sewer services. The easement area is also depicted on the drawing attached hereto as Exhibit A. As shown on Exhibit A, the surface of the easement area is intended to be improved, by COSTCO, with paved parking areas, drives and related curbing, along with landscaping islands. Also, any signage and Tight structures, as depicted on Exhibit A, so long as they are a minimum of 5 feet from both sides of the centerline of the sanitary sewer pipeline. Collectively, the "Permitted Improvements ", EXCEPT, therefore, the two (2) Tight structures that are within the required 5 feet distance from the pipeline, as shown on Exhibit A, which are not included in the Permitted Improvements and are considered "Encroachments ". COSTCO does hereby agree to indemnify and save harmless Augusta, its agents, officers, servants and employees from any and all lawsuits, actions and /or claims of any character brought because of any damages to, or destruction of, these two Encroachments, due to Augusta exercising any of its rights granted herein. Page 2 of 4 Book 01377:1065 Augusta - Richmond County 2013001642 01/16/2013 15:23:23.00 COSTCO does agree that when construction or maintenance is necessary, on any part of the gravity sanitary sewer pipeline, 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. AUGUSTA does agree that it will 1) give reasonable notice to COSTCO of its intention to enter the said property in the exercise of the rights herein conferred, except in the case of emergency; 2) limit, as much as is possible during the exercise of maintaining, repairing, or constructing the pipeline, the closing or blocking of any roads or drive aisles; and 3) restore disturbed areas, including paved areas and other Permitted Improvements, in a timely manner. COSTCO grants AUGUSTA the right, but not the duty, to clear and keep clear, all trees, undergrowth and other obstructions, other than the Permitted Improvements, from the easement area, along with the right of free ingress and egress to and from the easement area for this purpose. COSTCO further agrees that, except for the Permitted Improvements and Encroachments, from time to time, maintained on the easement area, 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 the easement area and that no buildings, structures, or other permanent improvements shall be erected, constructed, or maintained thereon, except for the Permitted Improvements; and, if such prohibited trees, vegetation, buildings structures, or other permanent structures (hereinafter referred to as "obstructions ") are placed, built, planted within the easement area, 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. AUGUSTA hereby grants COSTCO, its successors, assigns and designees, the right to relocate the easement, herein granted, and the gravity sanitary sewer, at the sole cost and expense of COSTCO, upon obtaining written approval from AUGUSTA, such approval not to be unreasonably withheld, conditioned, or delayed. Upon the completion of the relocation, COSTCO agrees to dedicate the new easement and pipelines to AUGUSTA, and AUGUSTA agrees to abandon to COSTCO any portion of the easement herein granted from which the pipeline has been relocated. TO HAVE AND TO HOLD said 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. Page 3 of 4 IN WITNESS WHEREOF, COSTCO has hereunto set its hand and affixed its seal the day and year first above written. Signed, sealed and delivered in e presence of: WITNESS c/3 Y PUB C State of County of My Commission Expires: WITNES NOTAly( re A ilk LQ't� M Co ;f9i p r �;�,� 1s'- / * t��M I n � ` o , r te COSTCO WHOLESALE CORPORATION By: Attest: By: Book 01377:1066 Augusta - Richmond County 2013001642 01/16/2013 15:23:23.00 As Its: Margaret C. McCuIIa MARGARET C. MCCULLA ASSISTANT SECRETARY As Its: ge hr". , V►Lt. ;•ibic(— p e � I� .'oSPSY p L •, ' MY • • C)o COMM , 0 SION A UGUSTA, GEORGIA ° NUMBER 4 / 5 :60 0 2 , � By: David S. Copenhaver As Its: Mayor Page 4 of 4 Book 01377:1067 Augusta - Richmond County 2013001642 01/16/2013 15:23:23.00 _ 1 ! 7CY SANIT SA141ARY SERER NOM * 1. ITt SUREACE DE 714 SAME ARY SE1P:R EASE I,E •7 AREA IS INTENDED ID RE 61PROYED BY 000100 MM. PAVED PARLING. AREAS, DRAT ISLES, RELATED CONCRETE CIALBINC, SITE UCIO940, LANDSCAPE ISLANDS, AND OT RELATED TMPROVEYENTS (011EC1NELY, DE 'PERE6TIED MPROKYENTS 2. REM TO RECORDED PLAT * FINAL RAT a RVf.RWATCN FOR THE NGFfARNG GROIN' RECORDED N BOOK 00007:0191 AUGUSTA- RLCHNON) COUNTY (RED. N PLAT CARPET D SIDE 146 PLAT E) NI Augusta, GA RNERVVATCN PAM A INTERSTATE 11 COSTCC NMOLESAI CORPORAT 999 LAKE DRIVE SSAOUAN, VW ESC T. 4219130100 ___ hrm as*. ROAN— 99. -C.. Rm,wP • Govt.. M (773641.1991. ww•rII.111 ENGINEERS SEA _. _.. ._ Callb 0721, nI Dare. loEscffirmow AK AA Is•DicOe WOWED BY. parr,,.. SHEET NUME Exhibit I, John Minola, VP /Assistant Secretary of Costco Wholesale Corporation, a Washington corporation (the "Corporation "), hereby certify that the following resolution was adopted by the Board of Directors of the Corporation on January 27, 2011: hereof. RESOLVED, that any one of the Chairman, the Chief Executive Officer, the President, the Chief Financial Officer, any Executive or Senior Vice President, the Secretary, the Treasurer, or any Assistant Secretary of the Corporation is hereby authorized to execute any and all documents regarding the acquisition, leasing, sale or development of real property, including, without limitation, the execution of purchase agreements, deeds, escrow instructions, leases, closing statements, easements, deeds of dedication, restrictive covenants and construction agreements. I further certify that said Resolution remain in full force and effect as of the date [SEA!_] VP /ASSISTANT SECRETARY'S CERTIFICATE Dated this o7.5 day of cw , 2012. Book 01377:1068 Augusta - Richmond County 2013001642 01/16/2013 15:23 :23.00 COSTCO WHOLESALE CORPORATION Jo inola V ssistant Secretary Filed in this office: Augusta - Richmond County 01/16/2013 15:23:23_ .00 Elaine C. Johnson Clerk of Superior Court ; AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 GREENE STREET AUGUSTA, GA 30901 -4415 WB STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT VILLAGE at RIVERWATCH and COSTCO (Sanitary Sewer System: Gravity, Lift Station and Force Main) THIS AGREEMENT, entered into this / elday of 7)p , 2012, by and between AUGUSTA VILLAGE AT RIVERWATCH; LLC, a Delaware limited liability company, and THE MGHERRING GROUP, INC., a Delaware corporation, hereinafter referred to as the "DEVELOPER ", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the "AUGUSTA ": WITNESSETH Book 01377 :1069 Augusta - Richmond County 2013001643 01/16/2013 15:24:27.00 $0.00 AGREEMENT 2013001643 Augusta - Richmond County WHEREAS, the DEVELOPER has requested that AUGUSTA accept the sanitary sewer system, as shown on a set of Sanitary Sewer As -Built Drawings, prepared by Southern Partners, Inc., dated October 3, 2011, and revised November 10, 2011, and as shown by Deeds 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, said sanitary sewer system is located in the VILLAGE AT RIVERWATCH, on property of both Augusta Village at Riverwatch, LLC and Costco Wholesale Corporation, and is hereinafter referred to as the "DEVELOPMENT ", as shown on a plat of same prepared for The MGHerring Group, by GeoSurvey, Ltd., dated December 10, 2010, revised September 14, 2011, and October 13, 2011, recorded in the Realty Records of the Office of the Clerk of Superior Court of Richmond County, Georgia, in Plat Book 7, Pages 191 -194; and WHEREAS, AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those installations and systems laid or installed in the DEVELOPMENT, which AUGUSTA does accept by Deed of Dedication, 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 sanitary sewer system for the DEVELOPMENT, respectively described in the Deed of Dedication from Costco Wholesale Corporation and the Deed of Dedication from DEVELOPER, contemporaneously tendered herewith to the Augusta- Richmond County Commission, and that said sanitary sewer system was duly inspected by the Augusta Utilities Department on November 28, 2011, and said sanitary sewer system did pass such inspection. Page 1 of 3 (2) The DEVELOPER agrees to maintain all the installations laid or installed in said DEVELOPMENT as described in said Deeds of Dedication 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 DEVELOPMENT described in the Deeds 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: WITNESS OT RY PUBLI State of County of My Commission Expires: )1 - , 2 'mil ROBIN J. UPCHURCH Notary Public, State of Texas t 4 My Commission Expires °'; November 22, 2014 AUGUSTA VILLAGE AT RIVERWATCH, LLC THE MGHERRING RO P, INC. By: Book 01377:1070 Augusta - Richmond County 2013001643 01/16/2013 15:24:27.00 David Sta , tz l' As Its: Vice Chairman er Attest: B ZillY‘ /4° , �T f As Its: (SEAL) Page 2 of 3 • Book 01377:1071 Augusta - Richmond County 2013001643 01/16/2013 15:24:27.00 =Oa t My Commi p lant ig iNtAt f "6 A 40 e • dui 16.1 44 e ‘ 41' CO AUGUSTA, GEORGIA By: i fth, Deke Copenhaver 127 /is Mayor Attest: cf2 Filed in this office: Augusta - Richmond County 01/16/2013 15:24:27.00 Elaine C. Johnson Clerk of Superior Court Page 3 of 3 A 24 P4,:54 AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 GREENE STREET AUGUSTA, GA 30901 -4415 WB STATE OF GEORGIA MAINTENANCE AGREEMENT COUNTY OF RICHMOND Book 01377:1019 Augusta - Richmond County 2013001635 01/16/2013 15:17:26.00 $0.00 AGREEMENT 11 111111111111111111111111111311111 ilI1113I1iii1 2013001635 Augusta - Richmond County THIS AGREEMENT, entered into this f a chy of Zgx,ged2, 20/ 2 , by and The MGHerring between Group , 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, the Developer requested that the Augusta, Georgia, Commission accept certain roads, storm drains and appurtenances for Alexander Drive , 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 months, which Augusta accepts by deed; NOW, THEREFORE, an 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, in Realty • Reel p age (2) The Developer agrees to maintain all the installations laid or installed in said subdivision as • lescribed 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 repair and shall have the repairs completed at a reasonable time, as determined by Augusta. Book 01377:1020 Augusta - Richmond County 2013001635 01/16/2013 15:17 :26.00 (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 fast above written. Filed in this office: Augusta - Richmond County 01/16/2013 15:17:26.00 Elaine C. Johnson Clerk of Superior Court AUGUSTA, GEORGIA COMMISSION AM As :Rs Mayor l2 1.2 / David Stautz Vce Chairma Chief Design & Construction Officer 24 p#4:53 AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 GREENE STREET AUGUSTA, GA 30901 -4415 WB RESOLUTION ADDING ROAD TO THE AUGUSTA - RICHMOND COUNTY ROAD SYSTEM Extending approx.. 2,235' feet N then curving E and NE to deadend (b) Length of road to nearest 1 /100th mile: 0.42 mile (c) Width & type of road surface: 73 foot from back of curb to back of curb; Type E asphalt (d) Right -of -Way: 100 foot Adopted this / S day of Veceei er , 20 AUGUSTA, GEORGIA BY: 12(2512 As Its Mayor Book 01377:1072 Augusta - Richmond County 2013001644 01/16/2013 15:26:05.00 $0.00 MISCELLANEOUS • 1111111111111111111111 2013001644 Augusta - Richmond County WHEREAS, Alexander Drive is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Alexander Drive a part of its County NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Alexander 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 Riverwatch Parkway 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. Filed in this office: Augusta - Richmond County 01/16/2013 15:26:05.00 Elaine C. Johnson Clerk of Superior Court wof3 jt:IN 74 pi44:53