HomeMy WebLinkAboutEASEMENT DEED AND MAINTENANCE AGREEMENT_ MCCOYS CREEK SUBDIVISION, SECTION II, SECTION II PHASE 2; SECTION III; AND SECTION IV r � y
2017000957 AGREE 564 Pg 793
/!III/I//I/iIIJI///I///II//II/iiIIIiJII//I/III/I/////ii/iii/ Filed and Recorded:
Intangible Tax Paid$0.00 1/10/20171:12:36 PM
Transfer Tax$0.00 Hattie Holmes Sullivan
Recording Fee:$0.00 Augusta Richmond of Superior Court
After recording please return to:
Augusta Law Department
Attn: Kayla E. Cooper, Esq.
535 Telfair Street,Building 3000
Augusta, GA 30901-2386
STATE OF GEORGIA
COUNTY OF RICHMOND
EASEMENT DEED OF DEDICATION
McCoys Creek Sections II, II-2, III, and 4
[Water Distribution System and Gravity Sanitary Sewer System]
WHEREAS, WALKER HILL, LLC, a Georgia Limited Liability Company,
hereinafter known as "DEVELOPER", owns a tract of land in Richmond County, Georgia.,
known as McCoy's Creek Sections II, II-2, III and 4, and 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 distributiol
system and the gravity sanitary sewer to AUGUSTA,GEORGIA, (hereinafter known as
"AUGUSTA"), a political subdivision acting by and through the Augusta, Georgia Commission
for maintenance and control; and
WHEREAS, Final Plats, of the above stated subdivision,were prepared by "acnes
G. Swift&Associates and dated and recorded in the Realty Records of the Clerk of the Sur erior
Court of Richmond County, Georgia,as follows:
Section II, dated August 2,2013 and recorded in.Realty Plat Reel 9,Pages 181-182
Section 1I-2, dated September 2,2014. and recorded in Realty Plat Reel 11, Pages 27-29
Section III,dated August 2,2013 and recorded in Realty Plat Reel 9,Pages 183-184
Section 4, dated August 24, 2014. and recorded in Realty Plat Reel 11, Pages 30-31
To which reference is hereby made to said plat for a more complete and accurate description as
to the lands herein described; and
WHEREAS, AUGUSTA,by and through the Augusta, Georgia Commissic�z,has
consented and agreed to accept and maintain said water distribution system and gravity santary
sewerage system; and
s.-
RECORD BOOK 1564 Ps 794
WHEREAS, DEVELOPER has agreed that neither AUGUSTA, nor any c f 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 711L4day of tec.
2016 between DEVELOPER and AUGUSTA,
WITNESSETH:
That DEVELOPER, for and in consideration of the sum of Ten and lo/100
($10.00) Dollars, to it in hand well and truly paid by AUGUSTA, at and before the seali ig 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 3ystem
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 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 maintenance is
necessary, AUGUSTA may dig such trenches in said property, as may be necessary or the
project; to pile and store thereon the material excavated, and to haul and store pipe, suppl es and
equipment connected with the construction and maintenance thereof, over, along, and aenss 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 purpase.
1
RECORD BOOK 1564 Pg 795
DEVELOPER further agrees that no trees or other vegetation that may interfere
with the constructing, laying, relaying, replacing, installing, adding, expanding, extmding,
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 pernanent
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 ri ght 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 there()F to
the same being, belonging, or in anywise appertaining to the only proper use, benefit and hthoof
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 WALKER HILL, LLC
the presence of
• _
By:
WITN S
Lionel Prather
kje . Ott As Its Member
NOTARY PUB I IC
State of AC•_. County of 1:tyt'C_. Or-cA
My Commission Expires: (Notary Seal)
OFFICIAL SEAL
DOLLY W SWILLEY
1- Notary Public,Georgia
RICHMOND COUNTY
4 , „
4 7.5.4 My Commission Expires
4 JUNE 23,2020
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. ' • RECORD BOOK 1 564 P9 796
Ha t t i Hiplines. Sul 1 i 1.4.an
Clerk of Super or Court
Augusta Richmond Countg y
ACCEPTED BY:
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AUGUSTA, GEORGIA
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c9kteeV By:
WITNE•Cor iivil, Hardie Davis, Jr.
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NOTARY PUBLIC
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AGREE 1564pQ797
1111211[1111111111111011151111111111151111 Filed and Recorded
|ma»o�enmPamy000
1/10/20171�1z�na�m
�ameHolmes Sullivan
Transfer Tax$0.00 Clerk of Superior
Recording Fee:
^ugus�n�hmondCourt
After recording please return to:
Augusta Law Department
Attn: Kayla E. Cooper,Esq.
535
Telfair Street,B3000
��ugumts, K���30908-2386
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
McCoys Creek Sections II11-2 III and 4
(Utility Water Distribution System and Gravity Sanitary Sewer System)
TH|S/\<�F�EEK0ENT. enteredint0this /�Jy � day of ���� ` 2016byam
between VVAL�CERHILL, LL{�. hereinafter na0e ^ � toaothe^DEV=~OPE��^ ' ndA`AUGUSTA,
'
"AUGUSTA": of Georgia, hereinafterreferred to
WITNESSETH
WHEREAS, the DEVELOPER has requested that AUGUSTA accept the water
distribution system and the gravity sanitary sewer system for the subdivision known as McCoy's
Creek Be��ionnII, ||-2. III and 4. oashown bythe Deed ofOedioetion contemporaneously
m
tendered and recorded inthe office ofthe {�|arkofthe GupehorCou�`ofRichmond 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 said subdivision, vvhich/\U��UGTAooes
accept by Deed, fore period of eighteen (18) months;
byNC)VV. THEREF{]F|E. incoM8ideroUon ¢fthe prernioeG the expense previously/ncu�ed
the and the nnutua/ ogrearnenthene|no�erset out, /T/SAGREED that:
(1) AUGUSTA accepts the water distribution system and the gravity sanitary seNer
system forua �uoom/on (kareinoftern*fe�edtooe "i,nprumennento^)' respectively
describeda
in
subdivision
Ge inoa/UDeed ofDediceUmncontemporaneously tendered herewith tmthe/\ugu��u
RECORD BOOK 1564 F's 798
(2) The DEVELOPER agrees to maintain said improvements for a period of eighteen
(18) months from the date of the approval of this document by the Augusta, Georgia
Commission.
(3) The DEVELOPER agrees that, if during the said eighteen-month period th..re is a
failure of said improvements due to failure or poor workmanship, the DEVELOPER shall be
responsible for adequate maintenance and repairs, and shall perform and complete such
maintenance and repairs within a reasonable time, as determined by AUGUSTA.
(4) In the event of such failure of the improvements, AUGUSTA shall notify thi=;
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 rspair
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 I'he
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 agreerr ant,
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 WHREOF, the DEVELOPER has hereunto set its hand and seal anc
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 written above.
Signed, sealed and deliver, in the presence of,
AAL ER HILL, LLC
Nit% N
WITNE S Lionel Prather
I
`��/ I // As Its: Member
dziNOTARY PUBL i 1
State ofA `
County of f� A 04_
My Commission Expires: , I
_ ..b. y AL (Notary Seal)
4 ='.0"""e OFFICIAL SEAL.
t � :�;:;�. DOLLY W SV1!ILLk=V
: f =^ Notary Public,Georgia
.0 111 ': RICHMOND COUNTY ;
' '�' ' ` My Commission Expires
''i° - JUNE 23,2020
•
RECORD BOOK 1 564 Ps 799
Ha t t i CZ' Ha1 rsfas. Bull i 1,.ra n
Clerk of Superior Court
Aueustn Richmond Counts,
ACCEPTED:
} AUGUSTA, GEORGIA
6/,/, �
WITNE � By:
ardte Davis,Jr.
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NOTARY PUBLIP41 (1,‘,p
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Attest: I :.',' /+.'ijij
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State of ;A County of�t : ,• ,�r+ r.
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