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HomeMy WebLinkAboutMCCOYS CREEK SUBDIVISION DEEDS OF DEDICATION_ SECTION II; SECTION II, PHASE 2; SECTION III; AND SECTION IV After recording please return to: 2017000961 AGREE 1564 Pg 807 • .) 'I. Augusta Law Department IIIIIIIIIIIII IIIIIII 11111111111111 Filed and Recorded: Attn: Wayne Brown,Esq. 1/10/2017 1:26:16 PM 535 Telfair Street, Building 3000 Intangible Tax Paid$0.00 Hattie Holmes Sullivan STATE OF GEORGIA Augusta, GA 30901-2386 Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 Augusta Richmond County, DEED OF DEDICATION RICHMOND COUNTY ) (Roads and Storm Drainage) WHEREAS, Walker Hill, LLC owns a tract of land in Richmond County, Georgia known as McCoys Creek, Section II, and in the building of a housing subdivision on said tract, it has laid out a storm drainage system,water distribution system, road and street system, and sanitary sewerage system; and, WHEREAS, it is the desire of Walker Hill, LLC, to deed the closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system to Augusta, Georgia, a political subdivision of the State of Georgia acting by and through its Commission for maintenance and control; and WHEREAS, a plat of McCoys Creek, Section II, has been prepared by James G. Swift & Associates, dated August 2, 2013, and said plat has been recorded in the Office of the Clerk of the /3k Ae Superior Court of Richmond County, Georgia in Plat Cabinet 9 ,•Sime. 1 St ;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, Georgia, by and through its Commission has consented and agreed to accept and maintain said closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system. 6‘fii NOW,THEREFORE, this indenture made this ��, '� day of`f� , 2016 between Walker Hill, LLC, hereinafter referred to as the party of the first part and Augusta, Georgia, A POLITICAL SUBDIVISION, by and through its Commission, hereinafter referred to as the party of the second party, WITNESSETH That the party of the first part for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, to it in hand well and truly paid by the said party the second part 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 closed (piped) storm water system, water -1- • ,a RECORD BOOK. 1564 P9 BOB distribution system, road and street system, and sanitary sewerage system, by the party of the second part, has and does by these presents, grant, bargain, sell and confirm unto the said party of the second part, its successors and assigns, the following, to wit: All the right, title and interest of the Party of the First Part in and to the storm drainage system, water distribution system, road and street system, and sanitary sewerage system as the same are now located and existing in McCoys Creek, Section II, shown on a plat of said subdivision, which plat was prepared by James G. Swift & Associates and which platis record in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Platt 7 , e 18I . Together with all of the necessary rights of ingress and egress for the purpose of maintaining the described closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system. This deed is subject to any utility easements which have been granted in the past and all telephone lines, gas lines, or power lines for the transmission of electricity which has been granted in the past and the Grantor herein reserves an easement over the closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system, as shown on aforementioned plat by James G. Swift&Associates, herein conveyed for the purpose of the maintenance and installation of power lines for the transmission of electricity, telephone lines, and gas lines for the purpose of serving said subdivision and the property adjacent thereto. TO HAVE AND TO HOLD said storm drainage system,water distribution system, road and street system, and sanitary sewerage system together with all and singular,the rights, members, appurtenances thereto to the same being, belonging, or in anywise appertaining to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever in fee simple. AND the said party of the first part, its successors and assigns, will warrant and defend the right and title to the above described property,to the said party of the second part, its successors and assigns, against all claims of all persons whosoever. -2- ' 4 . RECORD BOOK 1564 Pg 809 • Hatt i le Holl In s- Sul1 i ' an Clerk of Superior Court Augusta Richmond County, IN WITNESS WHEREOF, the party of the first part has hereunto sets its hand and affixed its seal the day and year first above written. Signed, sealed and delivered Wal. - ill, C in the presen e of: by: 4,4 Lionel Prather i /4,t''\1 ie7Wi.O P as its: Member / ///r_. Notary Pudic; EX IR ,t = r di�y` o A , , Cf, iy, Accepted by Augusta, Georgia by and through its Com ' "on by: "^d`; cT ,/��(��,_a.5,tl�@.c�a'y4f1"' ^7�'F"��."T� ` r q_ /� /z//lf i,ii 4/ / i - ' i7Attes? -rk� � ,'--Son• • 0 � i' , 0 -..- . 0)% 4 � v i � :o ' � ® d ► A s.. '9960 10 CIORGt P, � -3- Augusta Law Department 535 Telfair Street,Building 3000 Augusta,GA 30901-2386 STATE OF GEORGIA ) (Roads & Storm Drainage) MAINTENANCE AGREEMENT RICHMOND COUNTY ) G9 ? .lac c, THIS AGREEMENT, entered into thisz' day of , 201 by and between Walker Hill, LLC 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 requests that the Augusta, Georgia Commission accept certain roads, storm drains, and appurtenances in McCoys Creek, Section II, as shown on a plat prepared by James G. Swift&Associates, dated August 2, 2013 and which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Plat Cab+Ret 9 , Page / "l WHEREAS, Augusta, Georgia 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, in consideration of the premises, the expense previously incurred by Developer and the mutual agreements hereinafter set out, IT IS AGREED THAT: (1) Augusta accepts the roads, storm drains, and appurtenances, respectfully described in the"Deed of Dedication"contemporaneously tendered herewith to Augusta, Georgia Commission, which deed is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Plat Cabinet ' , Page . . (2) The Developer agrees to maintain all the installations laid or installed in said subdivision as described in said deed for a period of eighteen months from the date herein. (3) The Developer agrees that if during said eighteen month period there is a failure of the installations laid or installed in said subdivision described in the deed due to failure of material or poor workmanship, the Developer shall be responsible for adequate maintenance and repair. (4) In the event of such failure of the improvements,Augusta shall notify the Developer and set forth in writing the items in need of repair. The Developer should present within fifteen business days its proposed plan of repair and shall have the repairs completed at a reasonable time. 2017000962 AGREE 1564 Pg 810 IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII 111Filed and Recorded: 0/2017 1:26:18 PM -1- Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 Augusta Richmond County, 1 564 Ps 811 D Hati± iCc- Hal in s Sull i wan Clerk of Superior Court Aususto Richmond Counts, (5) In the event of an emergency, as determined by Augusta, and 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 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 the costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. IN WITNESS WHEREOF, Developer has hereunto set its hand and seal and Augusta has caused the execution of the agreement by and through its duly authorized officers and agents, with its seal affixed, the day and year first above written. Walk-r Hill, LLC IK iti/ 7 / by: ♦ (L.S.) / Larry .. Prather as its: Member Augusta, Georgia Commission b : / G tA/vt/ A__. - L.S Y ) ),(e)17as the Mayor (-Ilya;R_�viu,,, ),_.r ATTST ,:m�w4,tg1► I ? /��1 i dr ,I -,-„...v„-•',- Iv/i X000 Cler •f C ,rg t .4 4 i 4: ;d 1 d Y' a,� 03 L ® - �® at �l S e1 i 41i S 945 e 060800 4. -2- After recording please return to: r, Augusta Law Department Attn: Wayne Brown, Esq. 535 Telfair Street,Building 3000 STATE OF GEORGIA ) Augusta, GA 30901-2386 DEED OF DEDICATION RICHMOND COUNTY ) (Roads and Storm Drainage) WHEREAS, Walker Hill, LLC owns a tract of land in Richmond County, Georgia known as McCoys Creek,Section II, Phase 2, and in the building of a housing subdivision on said tract, it has laid out a storm drainage system, water distribution system, road and street system, and sanitary sewerage system; and, WHEREAS, it is the desire of Walker Hill, LLC, to deed the closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system to Augusta, Georgia, a political subdivision of the State of Georgia acting by and through its Commission for maintenance and control; and WHEREAS, a plat of McCoys Creek,Section II, Phase 2,has been prepared by James G.Swift &Associates, dated September 2,2014,and said plat has been recorded in the Office of the Clerk of the /3otPalle- Superior Court of Richmond County, Georgia in Plate-ebine /1 , Sltae a1 ;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, Georgia, by and through its Commission has consented and agreed to accept and maintain said closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system. 0 NOW,THEREFORE,this indenture made this day of . , 2016 between Walker Hill, LLC, hereinafter referred to as the party of the first part and Augusta, Georgia, A POLITICAL SUBDIVISION, by and through its Commission, hereinafter referred to as the party of the second party, WITNESSETH That the party of the first part for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, to it in hand well and truly paid by the said party the second part 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 closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system, by the party of the second II 2I0I17V000IIIIllhIUUI 9AGREE 1564 Pg 812 —1 3IIIIIIIIIFiled and Recorded: 1/10/2017 1:26:16 PM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 Augusta Richmond County, • . 3 RECORD BOOK 1 564 Fs 813 part, has and does by these presents, grant, bargain, sell and confirm unto the said party of the second part, its successors and assigns, the following, to wit: All the right, title and interest of the Party of the First Part in and to the storm drainage system, water distribution system, road and street system, and sanitary sewerage system as the same are now located and existing in McCoys Creek, Section II, Phase 2, shown on a plat of said subdivision, which plat was prepared by James G. Swift&Associates and which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Plat Cabinet /1 , Slide Al . Together with all of the necessary rights of ingress and egress for the purpose of maintaining the described closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system. This deed is subject to any utility easements which have been granted in the past and all telephone lines, gas lines, or power lines for the transmission of electricity which has been granted in the past and the Grantor herein reserves an easement over the closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system, as shown on aforementioned plat by James G. Swift&Associates, herein conveyed for the purpose of the maintenance and installation of power lines for the transmission of electricity, telephone lines, and gas lines for the purpose of serving said subdivision and the property adjacent thereto. TO HAVE AND TO HOLD said storm drainage system, water distribution system, road and street system, and sanitary sewerage system together with all and singular,the rights, members, appurtenances thereto to the same being, belonging, or in anywise appertaining to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever in fee simple. AND the said party of the first part, its successors and assigns, will warrant and defend the right and title to the above described property, to the said party of the second part, its successors and assigns, against all claims of all persons whosoever. -2- • RECORD BOOK 1564 Ps 814 Ha fat i Hol woes. i van Clerk of Superior Court Aususta Richmond Counts, IN WITNESS WHEREOF, the party of the first part has hereunto sets its hand and affixed its seal the day and year first above written. Signed, sealed and delivered Wal er Hill, LLC in the presence of: by.' • Lionel Prather ,i as its: Member • ���Q '••PRY pA•,� �) Notary Pubic �Y P R . L • i s ,,/yA�J•G OR IA ®CTT.: 1 o•'••®®a.•••'•• iir a%i O coUtl-N � Accepted by Augusta, Georgia by andthroughitsCom by: as the Mayo Yhf /2/7 iffri Attest: aOf Co y s ion -3- 470 ,411rfi,, 12 -ur/I Wn 1MI cy�c-,8y6v3 n 4 '. Augusta Law Department 535 Telfair Street,Building 3000 Augusta,GA 30901-2386 STATE OF GEORGIA ) (Roads & Storm Drainage) /MAINTENANCE AGREEMENT RICHMOND COUNTY ) 2d% THIS AGREEMENT, entered into this CD day of D eLemb r` y and between Walker Hill, LLC 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 requests that the Augusta, Georgia Commission accept certain roads, storm drains, and appurtenances in McCoys Creek, Section II, Phase 2, as shown on a plat prepared by James G. Swift & Associates, dated September 2, 2014, and which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Plat _eadolter11 , Page 2,1 WHEREAS, Augusta, Georgia 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, in consideration of the premises, the expense previously incurred by Developer and the mutual agreements hereinafter set out, IT IS AGREED THAT: (1) Augusta accepts the roads, storm drains, and appurtenances, respectfully described in the"Deed of Dedication"contemporaneously tendered herewith to Augusta, Georgia Commission, which deed is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Plat Cabinet --, Page >14 . (2) The Developer agrees to maintain all the installations laid or installed in said subdivision as described in said deed for a period of eighteen months from the date herein. (3) The Developer agrees that if during said eighteen month period there is a failure of the installations laid or installed in said subdivision described in the deed due to failure of material or poor workmanship, the Developer shall be responsible for adequate maintenance and repair. (4) In the event of such failure of the improvements, Augusta shall notify the Developer and set forth in writing the items in need of repair. The Developer should present within fifteen business days its proposed plan of repair and shall have the repairs completed at a reasonable time. 2017000964 AGREE 1564 Pg 815 - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIFiled and Recorded. 1 1/10/2017 1:26:16 PM - Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee.$0.00 Augusta Richmond County, ' } . RECORD BOOK 1 564 P9 81 6 Hct ti +e Hol plias Su11n Clerk of Superior Court Ausustu Richmond County, (5) In the event of an emergency, as determined by Augusta, and 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 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 the costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. IN WITNESS WHEREOF, Developer has hereunto set its hand and seal and Augusta has caused the execution of the agreement by and through its duly authorized officers and agents, with its seal affixed, the day and year first above written. Walk= Hill, LLC Larry :. Prather as it : Member Augusta, Georgia Commission (L.S) /olias the Mayor Hcir,41 e jay,(1.." 0 if UY ATTEliST1 H Maii71411h, 124,je / , 0 , Cler bf C c,. ; . S ., � ®�'� s ' Qom. o• .a 0� �o®000. f i� 4014�R I Pevi ti -2- After recording please return to: Augusta Law Department Attn: Wayne Brown, Esq. 535 Telfair Street,Building 3000 STATE OF GEORGIA ) Augusta, GA 30901-2386 DEED OF DEDICATION RICHMOND COUNTY ) (Roads and Storm Drainage) WHEREAS, Walker Hill, LLC owns a tract of land in Richmond County, Georgia known as McCoys Creek, Section III, and in the building of a housing subdivision on said tract, it has laid out a storm drainage system,water distribution system, road and street system,and sanitary sewerage system; and, WHEREAS, it is the desire of Walker Hill, LLC, to deed the closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system to Augusta, Georgia, a political subdivision of the State of Georgia acting by and through its Commission for maintenance and control; and WHEREAS, a plat of McCoys Creek, Section III, has been prepared by James G. Swift & Associates, dated August 2, 2013, and said plat has been recor ed in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Platt ! , ' /83 ;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, Georgia, by and through its Commission has consented and agreed to accept and maintain said closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system. De el NOW, THEREFORE,this indenture made this- day of .._ , 2016 between Walker Hill, LLC, hereinafter referred to as the party of the first part and Augusta, Georgia, A POLITICAL SUBDIVISION, by and through its Commission, hereinafter referred to as the party of the second party, WITNESSETH . That the party of the first part for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, to it in hand well and truly paid by the said party the second part 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 closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system, by the party of the second 2017000965 AGREE 1564 P9 817 -1 VIII II IIII I IIIIIIIIIII II IIIIIII II IIIIIIII 1/1Filed and Recorded: 0/2017 1:26:16 PM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 Augusta Richmond County, RECORD BOOK 1 564 Fs 818 part, has and does by these presents, grant, bargain, sell and confirm unto the said party of the second part, its successors and assigns, the following, to wit: All the right, title and interest of the Party of the First Part in and to the storm drainage system, water distribution system, road and street system, and sanitary sewerage system as the same are now located and existing in McCoys Creek, Section III, shown on a plat of said subdivision, which plat was prepared by James G. Swift & Associates and which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Plat C71,DiRet 9 , /84. �.. Together with all of the necessary rights of ingress and egress for the purpose of maintaining the described closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system. This deed is subject to any utility easements which have been granted in the past and all telephone lines, gas lines, or power lines for the transmission of electricity which has been granted in the past and the Grantor herein reserves an easement over the closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system, as shown on aforementioned plat by James G. Swift&Associates, herein conveyed for the purpose of the maintenance and installation of power lines for the transmission of electricity, telephone lines, and gas lines for the purpose of serving said subdivision and the property adjacent thereto. TO HAVE AND TO HOLD said storm drainage system,water distribution system, road and street system, and sanitary sewerage system together with all and singular,the rights, members,appurtenances thereto to the same being, belonging, or in anywise appertaining to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever in fee simple. AND the said party of the first part, its successors and assigns, will warrant and defend the right and title to the above described property,to the said party of the second part, its successors and assigns, against all claims of all persons whosoever. -2- RECORD BOOK 1564 F'9 81 9 Ha t t i Hol 111 S. Su11 i VD n Clerk of Superior Court IN WITNESS WHEREOF, the party of the first part has hereunto sets its iandtanraogixetit seal the day and year first above written. Signed, sealed and delivered Walk- Hill, LC in the presence of: V / by: 4 Lionel Prather as its: Member —.Yoe- A *soea.• s , 0- Notary Publjc ,2®�y cor_____ c II#��A:eeG C GIA e®c;r, ,1 0ND COUN-y� r Accepted by Augusta, Georgia 'Rew®`0` by and through its ' n by: /7L4 as the Mayor) i q rd,, 'iVf f) &I Y, 17 i "i-I/�/ Attest:gift .• ;rwr 7-7 ' a i f t f r p 4 / • ® i i 1 o fl' I v � a >m .. e° 6 y' ®°OA*oaa.*t .0' 444 C , .. -3- ";44y) LpjJ/`p„g},} .Q�a i _Pi-1rn -fa: 141, Augusta Law Departfnent 535 Telfair Street,Building 3000 Augusta,GA 30901-2386 STATE OF GEORGIA ) (Roads & Storm Drainage) MAINTENANCE AGREEMENT RICHMOND COUNTY ) THIS AGREEMENT, entered into this 7174' day of '`"moi , 20�'g-by and between Walker Hill, LLC 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 requests that the Augusta, Georgia Commission accept certain roads, storm drains, and appurtenances in McCoys Creek, Section III, as shown on a plat prepared by James G. Swift&Associates, dated August 2, 2013 and which plat iss recorded; ��iiin the Office of the Clerk of the Superior Court of Richmond County, Georgia in Plat et 7 Page / 33 . WHEREAS, Augusta, Georgia 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, in consideration of the premises, the expense previously incurred by Developer and the mutual agreements hereinafter set out, IT IS AGREED THAT: (1) Augusta accepts the roads, storm drains, and appurtenances, respectfully described in the"Deed of Dedication"contemporaneously tendered herewith to Augusta, Georgia Commission, which deed is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Plat Cabinet ' , Page ty . (2) The Developer agrees to maintain all the installations laid or installed in said subdivision as described in said deed for a period of eighteen months from the date herein. (3) The Developer agrees that if during said eighteen month period there is a failure of the installations laid or installed in said subdivision described in the deed due to failure of material or poor workmanship, the Developer shall be responsible for adequate maintenance and repair. (4) In the event of such failure of the improvements, Augusta shall notify the Developer and set forth in writing the items in need of repair. The Developer should present within fifteen business days its proposed plan of repair and shall have the repairs completed at a reasonable time. O 2017000966 AGREE 1564 Pg 820 III II VIII I III IIIIIIIII II IIII IIIIIIII III 1/1Filed 0/2017 1:26:16 Recorded 26:16 PM _1 Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 Augusta Richmond County, r 2 RECORD BOOK 1564 P9 821 Hat t i P Holl trr�*s. Still i wan Clerk of Superior Court Aususta Richmond Counts, (5) In the event of an emergency, as determined by Augusta, and 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 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 the costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. IN WITNESS WHEREOF, Developer has hereunto set its hand and seal and Augusta has caused the execution of the agreement by and through its duly authorized officers and agents, with its seal affixed, the day and year first above written. Walk- ill, LLC IIK by: A 7/ (L.S.) /Larry S 'rather as its: ember Augusta, Georgia Commission ,F �- by' L.S - .w :.„,, as the Mayor) 'It r r'-e j''` V/60---el) ATTE T: .o-co4.w 4. 1 ,*"..1/ v. / , 24 Clerk of C. °r 1' �e c O {hz 1 4e+s 4 $ , z't pa.4b0150ffi' —2— After recording please return to: Augusta Law Department Attn: Wayne Brown, Esq. 535 Telfair Street, Building 3000 STATE OF GEORGIA ) Augusta, GA 30901-2386 DEED OF DEDICATION RICHMOND COUNTY ) (Roads and Storm Drainage) WHEREAS, Walker Hill, LLC owns a tract of land in Richmond County, Georgia known as McCoys Creek, Section 4, and in the building of a housing subdivision on said tract, it has laid out a storm drainage system,water distribution system, road and street system,and sanitary sewerage system; and, WHEREAS, it is the desire of Walker Hill, LLC, to deed the closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system to Augusta, Georgia, a political subdivision of the State of Georgia acting by and through its Commission for maintenance and control; and WHEREAS, a plat of McCoys Creek, Section 4, has been prepared by James G. Swift & Associates, dated August 24, 2014, and said plat has been recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Plat Cab !, 30 ;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, Georgia, by and through its Commission has consented and agreed to accept and maintain said closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system. NOW, THEREFORE, this indenture made this day of , 2016 between Walker Hill, LLC, hereinafter referred to as the party of the first part and Augusta, Georgia, A POLITICAL SUBDIVISION, by and through its Commission, hereinafter referred to as the party of the second party, WITNESSETH That the party of the first part for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, to it in hand well and truly paid by the said party the second part 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 closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system, by the party of the second _ 2017000967 AGREE 1564 Pg 822 -1 IIIIIII II IIIIIIIIIIIII IIIIIII II III IIII IIIIII Filed and Recorded: 1/10/2017 1:26:16 PM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 Augusta Richmond County, } • RECORD BOOK 1564 P9 8 2 3 part, has and does by these presents, grant, bargain, sell and confirm unto the said party of the second part, its successors and assigns, the following, to wit: All the right, title and interest of the Party of the First Part in and to the storm drainage system, water distribution system, road and street system, and sanitary sewerage system as the same are now located and existing in McCoys Creek, Section 4, shown on a plat of said subdivision, which plat was prepared by James G. Swift & Associates and which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Plat Cabinet 1) , Slide 30 . Together with all of the necessary rights of ingress and egress for the purpose of maintaining the described closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system. This deed is subject to any utility easements which have been granted in the past and all telephone lines, gas lines, or power lines for the transmission of electricity which has been granted in the past and the Grantor herein reserves an easement over the closed (piped) storm water system, water distribution system, road and street system, and sanitary sewerage system, as shown on aforementioned plat by James G. Swift&Associates, herein conveyed for the purpose of the maintenance and installation of power lines for the transmission of electricity, telephone lines, and gas lines for the purpose of serving said subdivision and the property adjacent thereto. TO HAVE AND TO HOLD said storm drainage system,water distribution system, road and street system, and sanitary sewerage system together with all and singular,the rights, members, appurtenances thereto to the same being, belonging, or in anywise appertaining to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever in fee simple. AND the said party of the first part, its successors and assigns, will warrant and defend the right and title to the above described property, to the said party of the second part, its successors and assigns, against all claims of all persons whosoever. -2- ; • • RECORD BOOK 1 564 P9824 Hatt i ire Hahn,. S. 8ul1 i van Clerk of Superior Court IN WITNESS WHEREOF, the party of the first part has hereunto sets is hand and affixed its seal the day and year first above written. Signed, sealed and delivered Walk ill, LLC in the presence of: by. / Lionel Prather /, as its: Member sgiiiiitu , N`,-.P44* `. t n . i. _iP; c,"^�! oui ty,peorgia +l; i ` 3 / Vet -O' . IA :CT '+Q.0•''•°••••''.rya r Accepted by Augusta, Georgia °kk0CovN - - -I by and through its Co :'. by: �f as the May +ij � y j -2 tl i I� +aye / a bee/4 t = 01 .7 .........„, 74,_ Atte t: Cler-1" it 4;,kil I\ -t. = t• % .4 I my d , ! o ''' 'Veli I d,+® i c--,. ®NIES /w 49t11 AP• Noma 4 L CEORG1 P` -3- vV h 2 L1°l r)n Augusta Law Department 535 Telfair Street,Building 3000 Augusta,GA 30901-2386 STATE OF GEORGIA ) (Roads & Storm Drainage) MAINTENANCE AGREEMENT RICHMOND COUNTY ) Lep THIS AGREEMENT, entered into this -/-17 day of,De c'elie her , 20'l .by and between Walker Hill, LLC 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 requests that the Augusta, Georgia Commission accept certain roads, storm drains, and appurtenances in McCoys Creek, Section 4, as shown on a plat prepared by James G. Swift &Associates, dated August 24, 2014, and which plat is recorded in aooi the Office of the Clerk of the Superior Court of Richmond County, Georgia in De&Reel I/ Page 3Q-31 . WHEREAS, Augusta, Georgia 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, in consideration of the premises, the expense previously incurred by Developer and the mutual agreements hereinafter set out, IT IS AGREED THAT: (1) Augusta accepts the roads, storm drains, and appurtenances, respectfully described in the"Deed of Dedication"contemporaneously tendered herewith to Augusta, Georgia Commission, which deed is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Reel , Page (2) The Developer agrees to maintain all the installations laid or installed in said subdivision as described in said deed for a period of eighteen months from the date herein. (3) The Developer agrees that if during said eighteen month period there is a failure of the installations laid or installed in said subdivision described in the deed due to failure of material or poor workmanship, the Developer shall be responsible for adequate maintenance and repair. (4) In the event of such failure of the improvements, Augusta shall notify the Developer and set forth in writing the items in need of repair. The Developer should present within fifteen business days its proposed plan of repair and shall have the repairs completed at a reasonable time. 2017000968 AGREE 1564 Pg 825 IIUIDIDIIU III II IIIIIII III I I II III I III Filed and Recorded: -1- 1/10/2017 1:26:16 PM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 Augusta Richmond County, • , RECORD BOOK 1564 P9 826 Ha t t i teseas. Sul l i van Clerk of Superior Court Auguste Richmond County! (5) In the event of an emergency, as determined by Augusta, and 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 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 the costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. IN WITNESS WHEREOF, Developer has hereunto set its hand and seal and Augusta has caused the execution of the agreement by and through its duly authorized officers and agents, with its seal affixed, the day and year first above written. Wa er Hill, LLC by: , LA... (L.S.) arry '.. Prather as its: Member Augusta, Georgia Commission by ✓ 7a-,4A- .�_ L.S ,,;., � •, as the Mayor) Ha le, pcvi`)) r-Y, ) AT1`EST. /1/4/7? / -' '6, 6 0_ Clerk of. eTh n'tio r �' Ei 4J A4 of 4996 , 0 6� MitiLAJEORG 1'; 4444 ,. •.._ . . ... ,.. 1 s 4,444 ,:.. -2-