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HomeMy WebLinkAboutDEED OF DEDICATION AND MAINTENANCE AGREEMENT FOR BRISTOL-MEYERS WINDSOR SPRINGS, LLC (WALMART NEIGHBORHOOD MARKET) Book 01544:0305 Augusta-Richmond County ) 0 2016034916 08/15/2016 09:21:24.00 $0.00 AGREEMENT 1111111111111311111115111111111111111111111111111 2016034916 Augusta-Richmond County After recording please return to: Augusta Law Department Attn: Wayne Brown,Esq. 535 Telfair Street, Building 3000 Augusta, GA 30901-2386 STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION WALMART NEIGHBORHOOD MARKET Includes Parcel Identification Numbers 141-4-006-00-0, 141-4-007-00-0, 141-4-008-0C-0, 141-4-009-00-0, 141-4-010-00-0,and 141-4-011-00-0, [Water Distribution System and Gravity Sanitary Sewer System- Private Streets] WHEREAS, Bright-Meyers Windsor Springs, LLC, a Tennessee limited li;:bility company,hereinafter known as"DEVELOPER",owns several tracts of land,above referenced, in Augusta-Richmond County, Georgia,and in the building of the Walmart Neighborhood Market,has laid out a water distribution system and gravity sanitary sewerage system, in said development;and WHEREAS,it is the desire of DEVELOPER,to deed the water distributic i 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 plat was prepared by Survey Matters, LLC, for Neighborhood Market#2465-00,dated December 28,2015, entitled "Water Utilities and Sanitary Sewer Easement Plat", said plat being attached hereto as Exhibit"A" and to which reference is he::-eby made for a more complete and accurate description as to the land herein described. Said sy:;tems are further described in Exhibit"B" and Exhibit "C"; 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, lift stations and/or grinder pumps and that said individual force mains, lift stations and/or grinder pumps shall remain private; Page 1 of 4 Book 01544:0306 Augusta-Richmond County 2016034916 08/15/2016 09:21:24.00 NOW,THEREFORE,this indenture made this / F'day of J u,y , 2016 between DEVELOPER and AUGUSTA, l WITNESSETH: That DEVELOPER, for and in consideration of the sum of Ten and iio/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 :urther 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-w::t: Exclusive 20-foot easement(s) in perpetuity over the water distribution system and the gravity sanitary sewerage system, with a 30-foot combined water and sanitary sewer easement running along the northern property boundaries of 141-4-007-00-0, 141-4- 009-00-0 and 141-4-010-00-0, as shown on aforementioned plat and further described in Exhibits "B" and "C". 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; along with the further right to stretch communication lines,or other lines, for the use of AUGUSTA, its assigns,representatives,agents,and designees, upon or under said land,within said easement,with the necessary cables,wires, apparatus, fixtures and appliances; and with the right to assign this easement in whole or in part; and DEVELOPER does further agree that when construction or maintenaice 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 pensanent easements for these purposes. DEVELOPER also grants AUGUSTA the right, but not the duty, to cic it 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 servicers shall be planted on said easement(s) and that no buildings, structures, or other permanent Page 2 of 4 Book 01544:0307 Augusta-Richmond County • 2016034916 08/15/2016 09:21:24.00 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 responsibi.ity, 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 thereo: 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. Signed, sealed and delivered in BRIGHT-MEYE S WINDSOR SP'i GS,L LC the presence of a Te -: •_ 'ability company 40111110-/Aid • WITNESS atthew P. Sasser \ * • ;' 0• As Its: Chief Manager and Member NOTARY PUBLI State ofpDt_,,ryg County of W (sy}1-, My Commission Expires: 3 2O(S r $11 IS CA,. 49101001° ak:.": S144 *bust 416e:. (NOTARY SEAL) �i,�i�tlCOMA `O% Page 3 of 4 Book 01544:0308 Augusta- Richmond County 2016034916 08/15/2016 09:21:24.00 ACCEPTED BY: AUGUSTA, GEORGIA 77 WITNES ACJ Hardie Davis, Jr. /22e Vi /0 As its Mayor NOTARY PUBLIC r State of 1 Af est: /_ .At1,,,,,' %,,: .L l' ' _tw �' 1 County of 1 `C�(�mo,noll 0`':� ek�..a „ ..4;?, 1 t 0 1 „ s i • My Commission Expires: F` n 14.x= ,..- ; r Aly Commission Expires May 25.2019 # N4 i � ®L. S s t it 1...":” SZ (NOTARY SEAL) 9 PU8 4%. Page 4 of 4 Exhibit A 1•3 CO i pF Will gL '211! � .-170, Pfd "� $' 11 ii 9g1 4 cy) 8 $ O IL , ; F $>Fl '� CO o mt� Pi w 4 Xxi IN 1 1 ,� xis �I ' ^1fl ,o'A li i i #9g I # 8 pfl{ a € " 1 N O C " � ,a D a44 k CO 11 Ico II /'�i R,(Y"Bt fl4 1F � a R 4 > (� f N 0 Xi ' _ © { TALBOT DR 7E''' ''''' xx -. _. (Nc.HE six rl , 1 �; 6, fly 8 oGG ; Ier aa.sr 't 1 - N 4. 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R' � s= @ € � >a a{{.g� aF iaaaaaaaaaaeaeaaaaaaaa .:14 64c $ 5; a 'k S P.3i0gg15"R 1 a ig to l 2>>, ,^ '» R 11 '`°h 'iiigifii9pip¢i¢iri -i xi$tiiiit itttigt$ik$ !!A ; ppFL 86661� FA6 $ 4sp p�Qqq4 33 gq 3Q. fp.fp p� a4 43 `1 f $ $$F `,��11 i 1 illZ— IIgj ID RRggRR Rqa R RFFR"�NA R RHF P F �' s"Ill e 7 -... .'-' AA g4ILIA 10190E:gsa$.q' R s•By yp�q ;tl' 3�y$L § qR q I!:. 77 1 f 5� aRaI 7g '14111114110: .Ya8 a,BBrar E.'8j ii y y;a fl4y yy X15 x{ "+,y 3 F 3 8 I. 4 ' $ w PF�E 9 1777111411 q 9 lla } 18t8i4-5i5513,73�47 $ R m jd i� a� 14 aaaaaaaaaaai. 1iiiiiiiii11iiiiiiiiii1!A" L 11- ;IP' ttgtt&t4At /110111"1/1/1""421130 8 i5'LZ y€ ! l fifilifi ga $ 'iR�"(3ilt;RRRaa RCR Rq �a 84 8 R > � � 64tl�:k BSLS Vigt885Y SSE08>i .< ?7 I Fe e r 1 g g F z WATER UTILITIES AND SANITARY SEWER CASEMENT PLAT REVISIONS 15, q q COMMENTS-2/l7/2016 IPO o ¢� �u — -- PREPARED FOR:NEIGHBORHOOD MARKET'24400 SURVEY MATTERS,LL . _ ser+v��""" tr A "4.l — — _. 101E Butler Road,Sui0I c Y 4 PROPERTY OF:BRIGHT-MEVERS WINDSOR SPRINGS LLC Mauldin.South Carolxa 29662 ,�. ? 3663 3617 3693 3695 3697a am WINDSOR SPRING ROAD (864)451-01'16 $ 4 a MILITIA DISTRICT 86.CITY OF AUGUSTA,RICHMOND COUNTY.GEORGIA rycl,(aputvey-oOIen.com GA:LSF-1129 ' Book 01544:0310 Augusta- Richmond County • 2016034916 08/15/2016 09:21:24.00 EXHIBIT B WATER UTILITY EASEMENT AREA& COMBINED WATER/SEWER EASEMENT: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN MILITIA DISTRICT 86, CITY OF AUGUSTA, RICHMOND COUNTY, GEORGIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN ON THE MITER FORMING THE INTERSECTION OF THE NORTHERLY MARGIN OF THE RIGHT-OF-WAY OF TOBACCO ROAD (130 FOOT WIDTH PUBLIC RIGHT-OF-WAY) AND THE WESTERLY MARGIN OF THE RIGHT-OF- WAY OF TALBOT DRIVE (40 FOOT PRIVATE RIGHT-OF-WAY AT THIS POINT), THENCE ALONG SAID RIGHT-OF-WAY N09°14'54"E A DISTANCE OF 230.30 FEET TO A NAIL, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N80°31'54"W A DISTANCE OF 10.00 FEET TO AN IRON PIN (50 FOOT PRIVATE RIGHT-OF-WAY AT THIS POINT), THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N09°14'55"E A DISTANCE OF 8.71 FEET TO A POINT AND BEING THE POINT OF BEGINNING (POB 1); THENCE N09°14'55"E A DISTANCE OF 20.00 FEET TO A POINT, THENCE S81°02'53"E A DISTANCE OF 276.97 FEET TO A POINT, THENCE N08°57'07"E A DISTANCE OF 21.83 FEET TO A POINT, THENCE S81°02'53"E A DISTANCE OF 20.00 FEET TO A POINT, THENCE S08°57'07"W A DISTANCE OF 21.83 FEET TO A POINT, THENCE S81°02'53"E A DISTANCE OF 60.76 FEET TO A POINT, THENCE N59°41'31"E A DISTANCE OF 270.40 FEET TO A POINT, THENCE N14°41'31"E A DISTANCE OF 51.20 FEET TO A POINT, THENCE N07°48'29"W A DISTANCE OF 62.81 FEET TO A POINT, THENCE N27°50'42"E A DISTANCE OF 238.80 FEET TO A POINT, THENCE N63°21'13"W A DISTANCE OF 23.39 FEET TO A POINT, THENCE N26°38'47"E A DISTANCE OF 20.00 FEET TO A POINT, THENCE S63°21'13"E A DISTANCE OF 23.46 FEET TO A POINT, THENCE N24°30'22"E A DISTANCE OF 101.29 FEET TO A POINT, THENCE N65°55'51"W A DISTANCE OF 20.09 FEET TO A POINT, THENCE N24°32'26"E A DISTANCE OF 20.00 FEET TO A POINT, THENCE S65°55'58"E A DISTANCE OF 20.07 FEET TO A POINT, THENCE N24°32'26"E A DISTANCE OF 9.77 FEET TO A POINT, THENCE N64°21'27"E A DISTANCE OF 9.89 FEET TO A POINT, THENCE N75°53'32"W A DISTANCE OF 378.52 FEET TO A POINT, THENCE N59°41'22"E A DISTANCE OF 42.86 FEET TO A POINT, THENCE S75°53'32"E A DISTANCE OF 404.42 FEET TO A POINT, THENCE N08°03'06"E A DISTANCE OF 7.44 FEET TO A POINT, THENCE S75°07'47"E A DISTANCE OF 20.14 FEET TO A POINT, THENCE S08°03'06"W A DISTANCE OF 7.17 FEET TO A POINT, THENCE S75°53'32"E A DISTANCE OF 184.81 FEET TO A POINT, THENCE S24°21'26"W A DISTANCE OF 30.49 FEET TO A POINT, THENCE N75°53'32"W A DISTANCE OF 224.73 FEET TO A POINT, THENCE S64°21'27"W A DISTANCE OF 26.68 FEET TO A POINT, THENCE S24°30'22"W A DISTANCE OF 130.30 FEET TO A POINT, THENCE S27°50'42"W A DISTANCE OF 22.28 FEET TO A POINT, THENCE S63°21'13"E A DISTANCE OF 42.95 FEET TO A POINT, THENCE S26°38'47"W A DISTANCE OF 31.62 FEET TO A POINT, THENCE N63°21'13"W A DISTANCE OF 26.12 FEET TO A POINT, THENCE S27°52'09"W A DISTANCE OF 90.38 FEET TO A POINT, THENCE S58°05'04"W A DISTANCE OF 34.66 FEET TO A POINT, THENCE S27°50'42"W A DISTANCE OF 73.19 FEET TO A POINT, THENCE S07°48'29"E A DISTANCE OF 44.61 FEET TO A POINT, Book 01544:0311 Augusta- Richmond County 2016034916 08/15/2016 09:21:24.00 THENCE N82°11'31"E A DISTANCE OF 35.63 FEET TO A POINT, THENCE S07°48'29"E A DISTANCE OF 20.00 FEET TO A POINT, THENCE S82°11'31"W A DISTANCE OF 37.39 FEET TO A POINT, THENCE S 14°41'31"W A DISTANCE OF 58.85 FEET TO A POINT, THENCE S59°41'31"W A DISTANCE OF 285.81 FEET TO A POINT, THENCE N81°02'53"W A DISTANCE OF 364.97 FEET TO THE POINT OF BEGINNING AND CONTAINING 47,245 S.F. OR 1.085 ACRES MORE OR LESS. Book 01544:0312 Augusta- Richmond County 2016034916 08/15/2016 09:21:24.00 EXHIBIT C SANITARY SEWER EASEMENT AREA: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN MILITIA DISTRICT 86, CITY OF AUGUSTA, RICHMOND COUNTY, GEORGIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN ON THE MITER FORMING THE INTERSECTION OF THE NORTHERLY MARGIN OF THE RIGHT-OF-WAY OF TOBACCO ROAD (130 FOOT WIDTH PUBLIC RIGHT-OF-WAY) AND THE WESTERLY MARGIN OF THE RIGHT-OF- WAY OF TALBOT DRIVE (40 FOOT PRIVATE RIGHT-OF-WAY AT THIS POINT), THENCE ALONG A TIE LINE N16°06'52"W FOR 298.30 FEET TO A POINT AND BEING THE POINT OF BEGINNING (POB 2); THENCE N07°50'46"E A DISTANCE OF 20.00 FEET TO A POINT, THENCE S82°09'14"E A DISTANCE OF 232.94 FEET TO A POINT, THENCE S80°14'55"E A DISTANCE OF 207.98 FEET TO A POINT, THENCE N59°27'57"E A DISTANCE OF 390.41 FEET TO A POINT, THENCE N31°55'45"W A DISTANCE OF 81.83 FEET TO A POINT, THENCE N31°54'45"W A DISTANCE OF 230.46 FEET TO A POINT, THENCE N31°53'29"W A DISTANCE OF 88.54 FEET TO A POINT, THENCE N31°55'01"W A DISTANCE OF 121.04 FEET TO A POINT, THENCE N59°41'22"E A DISTANCE OF 19.99 FEET TO A POINT, THENCE S31°54'25"E A DISTANCE OF 42.38 FEET TO A POINT, THENCE N59°43'40"E A DISTANCE OF 103.18 FEET TO A POINT, THENCE S75°53'32"E A DISTANCE OF 28.60 FEET TO A POINT, THENCE S59°43'40"W A DISTANCE OF 123.02 FEET TO A POINT, THENCE S31°55'01"E A DISTANCE OF 58.09 FEET TO A POINT, THENCE S31°53'29"E A DISTANCE OF 81.42 FEET TO A POINT, THENCE N59°41'31"E A DISTANCE OF 53.46 FEET TO A POINT, THENCE S30°18'29"E A DISTANCE OF 20.00 FEET TO A POINT, THENCE S59°41'31"W A DISTANCE OF 52.90 FEET TO A POINT, THENCE S31°54'45"E A DISTANCE OF 217.58 FEET TO A POINT, THENCE S31°55'46"E A DISTANCE OF 102.32 FEET TO A POINT, THENCE S59°27'57"W A DISTANCE OF 418.24 FEET TO A POINT, THENCE N80°14'55"W A DISTANCE OF 214.98 FEET TO A POINT, THENCE N82°09'14"W A DISTANCE OF 232.61 FEET TO THE POINT OF BEGINNING AND CONTAINING 30,933 S.F. OR 0.710 ACRES MORE OR LESS. Filed in this office: Augusta- Richmond County 08/15/2016 09:21:24.00 Elaine C Johnson Clerk of Superior Court Book 01544:0313 Augusta-Richmond County 201 603491 7 08/15/2016 09:21:25.00 $0.00 AGREEMENT 111111111111111111111111111111111111IIIII11111Hill 2016034917 Augusta-Richmond County After recording please return to: Augusta Law Department Attn: Wayne Brown, Esq. 535 Telfair Street, Building 3000 Augusta, GA 30901-2386 STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT WALMART NEIGHBORHOOD MARKET (Utility Water Distribution System and Gravity Sanitary Sewer System) THIS AGREEMENT, entered into this /9 t day of u I(4 , 2016, by and between Bright- Meyers Windsor Springs,LLC,a Tennessee limited liability company,hereinafter referred to as the"DEVELOPER", and Augusta, Georgia, a political subdivision of the State of Georgia, hereinafter referred to as"AUGUSTA": WITNESSETH WHEREAS,the DEVELOPER has requested that AUGUSTA accept the water distribution s!'stem and the gravity sanitary sewer system for a development known as Walmart Neighborhood Market,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,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 (18) 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 gravity sanitary sewer system and water distribution s 'stem for the subdivision, respectively described in the Deed contemporaneously tendered herewith to the Augusta-Richmond County Commission. (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 (18) months from the date of this agreement. (3) The DEVELOPER agrees that, if during said eighteen (18) month period there is ri failure of the installations laid or installed in said development described in the Deed due to failure or poor workmanship, the DEVELOPER shall be responsible for adequate maintenance and repair. (4) In the event of such failure of the improvements,AUGUSTA shall notify the DEVELOPER and set forth in writing the items in need of repair.The DEVELOPER shall present,within fifteen(15)business days of the date of said writing, its proposed plan of repair and shall have the repairs completed in a reasonable time, as Book 01544:0314 Augusta-Richmond County 2016034917 08/15/2016 09:21:25.00 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 t:o 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 officer.: and agents, with its seal affixed, the day and year first above written. Signed, sealed and delivered in BRI - E RS WINDSOR e "RINGS, LLC the presence of ennessee li -• liability co '.any /A-7 WIT ESS I� n Matthew P. Sasser .cbictCEk• ` $ As Its: Chief Manager and Member NOTARY PUBLIC State of iurci County of My Commission Expires: 11Ix�1A. ' 23• 2 )J 9 •,01FFI,ELf' 40 • •slow .i,E (NOTARY SEAL) !,� p4: Il 4 1 T, Book 01544:0315 Augusta-Richmond County 2016034917 08/15/2016 09:21:25.00 AUGUSTA, GEORGIA B 174tA44:41.0PPP- WITNES Hardie Davis, Jr. � V�Vjts Its: Mavor ._ NOTARY PUBLIC incl. ,.M..w,._,.�. ,,, .�......�..w.....,... ,:,.w Y 'g1 thMOnCICounty, Georgia 4'—'..:„ My Commission Expires: A st: _���, j�%V,//` V' ' (Notary Seal) r 4 " ? : a ; t ® E My Commd3ElOn Expires May A�8 � �'� � .67,P.'1'.1- f i Is • 0 v ��IM� a ES 410. f2 l riN ; ♦♦ i V 4.09 ,...r f,f���• , rG9=' • s. • f fl sPLO d rr I' 4L•'.:iwi�iM+�w,1r�w�n.w..v+f M�1'R�'Lf° "4W.�J4 r,�:k�r. rIs C Filed in this office: Augusta- Richmond County 08/15/2016 09:21:25.00 Elaine C Johnson Clerk of Superior Court