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HomeMy WebLinkAboutHAYNES STATION SUBDIVISION, PHASE VI AND MCCOYS CREEK SUBDIVISION, SECTION 5_ AED DEEDS OF DEDICATION AND MAINTENANCE AGREEEMENTS AND AUD DEEDS OF DEDICATION AND MAINTENANCE AGREEMENTS 2017000971 AGREE 1564 Pg 831 Ith I I 11111 I11111101111011111111011111 1/1Filed and Recorded: 012017 1:48:44 PM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 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 HAYNE'S STATION PHASE VI Utilities- Water and Gravity Sanitary Sewer „ 14 THIS INDENTURE,made and entered into this r � day of`� C'.. 2016, between COEL DEVELOPMENT CO., INC.,hereinafter referred to as "DEVELOPER", and AUGUSTA,GEORGIA,a political subdivision of the State of Georgia,hereinafter referred to as "AUGUSTA"; WHEREAS, DEVELOPER has developed a subdivision, Hayne's Station Phase VI,which is located on Gordon Highway, in the 89th G.M.D.,and now wishes to deed the water and gravity sanitary sewer to AUGUSTA, for maintenance and control;and WHEREAS, a Record Plat prepared by Cranston Engineering Group, P.C. for Coel Development Company, Inc., dated February 15,2016, was recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Book 12, Page 62 (Plat Cabinet E, Slide 25, Plat G),and to which reference is hereby made 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 and gravity sani.ary sewerage pipelines; and WHEREAS,DEVELOPER has agreed that neither AUGUSTA,nor any o 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; NOW, THEREFORE Page 1 of 4 RECORD BOOK 1 564 Fa B32 WITNESSETH: That DEVELOPER, for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, to it in hand well and truly paid by AUGUSTA, at and before the seal.rig 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 and gravity sanitary sewerage pipelines, in Hayne's Station Phase V1, 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 and gravity sanitary sewerage pipelines, 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 mainten;:nce 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 ac,oss 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 a:::td 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, exi:.nding, operating, repairing and maintaining of pipelines transporting and carrying utility servic's 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 Page 2 of 4 RECORD BOOK 1 564 P9833 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 and gravity sanitary sewerage pip lines, together with all and singular,the rights, members, appurtenances thereof to the same beir..g, 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 the presence of: COEL DEVELOPMENT CO.,INC. 4Air /4110c By: � WI ESS Bill Beazley NotG° ' � As Its: RT PUBLIC fio) la County, Georgia Attest: /6--) e/� Stephen Beazley My Commission Expires: As its: Se C-- G� ' i 0 •.f AlTAA • 40 ® eo"i `6 'Ian. 11,;o••• ��'Ap O'3t1 Page 3 of 4 T. RECORD BOOK 1564 P9834 , - Ha t t i e H DI. Ines. Sul 1 i w a n Clerk of Superior Court Au9usta Richmond Count , ACCEPTED: AUGUSTA, GEO,_, By: WITNESSY # 01ard6"1(Atie Davis,- .'--.1r;------:-:------,--„ At 4 , i c 6 i 1 1 A /24wAs its Mayo / ,, , ...04• i / NOTARY PUBLI ; Attest A4v44"/i/ t ' f .1416.V 411.4y o , i ..MO State of County_ _47. of :A chnond k fir .. . .6 !..i f el.:1' t`' _04 roy'':4.k-1.:, ®�1 3 .1 0- ""' c Cl.,' My Commission Expires 01,44,,,- --:,' .1 -. % k*:,I--;,':1 2 0 , ie c.... %. ' '41' eir s.0 i IA ! (Notary Seal) i 0.1Stlikk)4996 401 l' ii.....004' ar 444,,,,, air AVONNOwle aphis kW 25.2019 1 r\"Nrci7EORGta -kiivaimagglb- 1 r ‘....- ,.., ) ilto ••• ND ••• 4to ••••600* , , , Page 4 of 4 2017000972 AGREE 1584 Pg 835 VIII I VIII IIIIIIIIIIII IIIIIII 11111111111 Filed and Recorded: 1/10/2017 1:48:44 PM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 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 HAYNE'S STATION PHASE VI (Utility Water Distribution System and Gravity Sanitary Sewer System) THIS AGREEMENT, entered into this w day of `` erfiber ,2016, by and batween COEL DEVELOPMENT CO., INC., hereinafter referred to as the "DEVELOPER", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the"AUGUSTA": WITNESSETH WHEREAS,the DEVELOPER has requested that AUGUSTA accept the water distribution system and the gravity sanitary sewer system for the subdivision known as Hayne's Station Phase VI, as shown by a Deed of Dedication,contemporaneously tendered and recorded in the office of the Clerk of the Superior Coi.irt 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 months; NOW,THEREFORE,in consideration of the premises,the expense previously incurred by thf: DEVELOPER and the mutual agreement hereinafter set out, IT IS AGREED that: (1) AUGUSTA accepts the gravity sanitary sewer system and water distribution ::,ystem 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 subdivision as described in said Deed for a period of eighteen months from the date of this agreement. (3) The DEVELOPER agrees that, if during said eighteen month period there is <i failure of the installations laid or installed in said subdivision 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 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. -1. i•., RECORD BOOK 1 564 Ps 836 Ha tt tt i F.E. Hail hies. Sul 1 i van Clerk of Superior Court ' Augusta Richmond County, (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 AlJGUSTA 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 aused 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. COEL DEVELOPMENT CO., INC. gp , 1, II, _4r _A WIT c;411I, sokBill Beazley % A � _ As Its: '�`--Q�' NO VrUBLIC 00 i *-1q( County, Georgia Attest: /,2v >'� �®��® ®®® Stephen Beazley My, om.mission E ej!s:$. )`/I-l`i As its: 5 G- ' of0 '`Vi=a s � G� 17°. ( t3t�'jle ).® i 0 r s / a 0 0•es U V` Aoi 13, lo0,:s.+A 2"°..�w® +fit ��q`°��o''?:...- /)a,,44., AUGUSTA, GEORGIA / ).? ��-° Gc� /22,ke By: /�,w WITNESS/ /640, Hardie Davis, Jr. 4r/4/hi__ i .,,,/ / 12U : Ma or NOTARY PUBLIC Xs ....�_ _ a: ... .. 4?c County, Georgia 1 n '100 ...rt ji My Commission Expires: Attest v• 410r /IV My ci e® .f !•s- all.. ,.ii (Notary Seal) My Commission�Mms May 25,2019 4 Q ®© �- .4 '; 0 . # 1 . 6 at TA o�i8¢� 4%1\ tkik' 54/14144 4 0 • g. • C J • 2017000969 AGREE 1564 Pg 827 * IIIIIIIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII 1/1Filed and Recorded: 0/2017 1:48:44 PM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 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 THIS INDENTURE, made and entered into this day of Dec , 2016, by and between COEL DEVELOPMENT CO., INC. and STEPHEN BEAZLEY BUILDERS, INC, a Georgia company, hereinafter referred to as the Party of the FIRST PART, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta Commission, 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 and by these presents does grant, bargain, sell, release, convey and confirm unto the said Party of the SECOND PART, its successors and assigns,the following described property, to-wit: All right, title and interest of the parties of the FIRST PART in and to the storm sewer system as the same are now located within deeded 60' R/W and additional drainage and utility easements as shown and delineated on a plat of HAYNE'S STATION PHASE 6, as prepared by Cranston Engineering Group, PC, dated February 15, 2016 as recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Plat Cabinet E, Slide 25, Plat F and in Book 12, Pages 62-64; reference being hereby made to said plat for a more complete and accurate description as to the metes,courses,bounds,dimensions and location of said property. TOGETHER with all of the necessary rights of ingress and egress for the purpose of maintaining the described storm sewer system. '�` • • RECORD BOOK 1 564 P9 828 Hatt i Hail tntys. Sul 1 i tires n Clerk of Superior Court Aueusto Richmond County, TOGETHER WITH: All that lot or parcel of land shown and designated as Crawley Street - 60' R/W, Clifford Street — 60' R/W, and Summerton Drive — 60' R/W on that plat of Hayne's Station Phase 6, as prepared by Cranston Engineering Group, PC, dated February 15, 2016, as recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Plat Cabinet E, Slide 25 , Plat F and in Book 12 , Pages 62-64, reference being hereby made to said plat for a more complete and accurate description as to the metes, courses, bounds, dimensions and location of said property, and TOGETHER with an easement to enter upon all areas shown as water system easements, drainage and utility easements shown on said plat. TO HAVE AND TO HOLD SAID roads and easements together with all and singular, the rights, members and appurtenances thereof 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. 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 COEL DEVELOPMENT CO., INC. in our p--sence: By: (.104, itne• As its: )ft''- 1411) JI►I_ ��� Stephen Beazley Builders Inc. Not V, ' .i blic, Georgia By: As its: ®r„� My Commission Expires: / "1 v-7 / � aq� ACCEPTED BY: `� alos AUGUSTA, GEORGIA� l A Rkr. off® P •ly p j % ®® e /del, Its: Ma.;dr � <.. No) ,Os+0� °°��' Jan.��o•‘10.° /2//U L` e` ®� ti + G °� °°°. �. est11r,.1,1 fi if'/ ` eq. ®br Its tekx �' ori',� � v �� �0 X426 .4 °QA®mlimos 0. 1 2017000970 AGREE 1564 Pg 829 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII 111012017 1:48:44 PM After recording please return to: Filed and Recorded: Augusta Law Department Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Attn: Wayne Brown, Esq. Recording Fee:$0.00 Augusta Richmond County, 535 Telfair Street,Building 3000 Augusta, GA 30901-2386 STATE OF GEORGIA ) MAINTENANCE AGREEMENT (Roads, Storm Sewer) COUNTY OF RICHMOND ) THIS AGREEMENT, entered into this 10 day of DE,(:., , 20/(0 , by and between COEL DEVELOPMENT CO., INC. and STEPHEN BEAZLEY BUILDERS, INC. 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, Developer requested that Augusta, accept a portion of road, named "Crawley Street" (60ft R/W), portion of road, named "Clifford Street" (60 ft R/W), portion of road, named "Summerton Drive" (60 ft R/W), and additional drainage and utility easements and appurtenances for Hayne's Station Phase 6, 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 by Developer 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, Georgia, accepts the roads, storm sewer system within deeded 60' R/W and additional drainage and utility easements, 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_, page (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 installation accepted by the Augusta. Commission and included in the Augusta, GA road system. RECORD BOOK 1564 F 830 Hattie HD1ones- Sul 1 i bran Clerk of Superior Court t~tususta Richmond Counts, (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 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. (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 first above written. COEL DEVELOP EN�CO., INC. ATTEST: BY: P0 (L.S.) AS ITS: Stephen Beazley Builders, Inc. P• Notary 'Y- .w...e.c kk ® %I ! BY:f� (LS) wt—) f0 AS ITS: P" .e• 770- ei .' s v;-VriAP►qR ,1 . AUGUSTA, GEORGI' '' a / t .‘10401,,.... ? # a As Its Mayor) j f� i DcwO) ATT E `ic F 4 ', j� �'� a • T 2017000977 AGREE 1564 Pg 844 S VIIIA III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Filed and Recorded: 1/10/2017 2:01:31 PM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 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 EASEMENT DEED OF DEDICATION McCoys Creek Section 5 [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 Section II 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 distribution 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 Final Plat, of the above stated subdivision, which were prepared by James G. Swift&Associates, dated August 2, 2013, said plat being recorded in the Realty Records of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Plat Reel 12, Pages 72-74, and to which reference is hereby made to said plat for a more complete and accurate description as to the land herein described; and WHEREAS, AUGUSTA,by and through the Augusta-Richmond County Commission, has consented and agreed to accept and maintain said water distribution system and gravity sanitary sewerage system; and WHEREAS,DEVELOPER has agreed that neither AUGUSTA, nor any of its departments, shall maintain individual force mains and/or grinder pumps and that said individual force mains and/or grinder pumps shall remain private; NOW, THEREFORE, this indenture made this day of-De.C: 2016 between DEVELOPER and AUGUSTA, } RECORD BOOK 1564 F's 84_ WITNESSETH: That DEVELOPER, for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, to it in hand well and truly paid by AUGUSTA, at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged and for the further consideration of the benefits to its property by the maintenance of said water distribution system and gravity sanitary sewerage system, by AUGUSTA, has and does by these presents, grant, bargain, sell and confirm unto AUGUSTA, its successors and assigns, the following, to-wit: Exclusive 20 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 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. DEVELOPER also grants AUGUSTA the right, but not the duty, to clear and keep clear, all trees, undergrowth and other obstructions from said permanent easement, along with the right of free ingress and egress to and from said permanent easement for this purpose. DEVELOPER further agrees that no trees or other vegetation that may interfere with the 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 RECORD BOOK 1564 Ps 846 Hattie Hal m�S. Bu1 1 i vra n Clerk of Superior Court Augusta Richmond Counts, 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 thereof to the same being, belonging, or in anywise appertaining to the only proper use, benefit and behoof of AUGUSTA, its successors and assigns forever. AND DEVELOPER, its heirs, legal representatives, successors and assigns, will warrant and defend the right and title to the above described property, to AUGUSTA, its successors and assigns, against all claims of all persons whosoever. IN WITNESS WHEREOF, DEVELOPER has hereunto set its hand and affixed its seal the day and year first above written. Signed, sealed and deliveredI ke IN, LLC in the presenc: of: / by\ / V - s S. Prather / a � as i : Member p S. l `�id keik_�S p4/44. il21 it l Nary Public :2 MY OMM cl 1 Qoun gia Commission expire• ,„n •. E RGIA 0, C�0 ,N© UN ACCEPTED BY: AUGUSTA, GEORGIA 77014 WITNESi -Hardie �72X/till/IA— /.2/7 4,,. As its ayor NOTARY PUBLICI4cciafrir Attest: A,, Or4 !�' 4, i / ii State of aCounty of ithiyw0l Co,. 14610'7, I' o kms' k F'e,/, S. 1 9 �; i .� : '., v t t My • „• ion Expires i 0 P;r q ! v"..3.®4) E5 - • y Sea ' ' % my�E lms May 25,2019 S[' ��000) 4k04' 2017000978 AGREE 1564 Pg 847 II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I IIII II IIII 1/1Filed and 012017 2:01:31 PM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Recording Fee:$0.00 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 McCoys Creek Section 5 (Utility Water Distribution System and Gravity Sanitary Sewer System) THIS AGREEMENT, entered into this CM day of,Decl, , 2016, by and between WALKER HILL, LLC, 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 system and the gravity sanitary sewer system for the subdivision known as McCoy's Creek Section II, as shown by the 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 said 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 water distribution system and the gravity sanitary sewer system for the said subdivision (hereinafter referred to as "improvements"), respectively described in said Deed of Dedication contemporaneously tendered herewith to the Augusta- Richmond County Commission. RECORD BOOK 1 564 Pg 848 (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-Richmond County Commission. (3) The DEVELOPER agrees that, if during the said eighteen month period there 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 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 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 DEVELOEPR 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 WHREOF, 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 written above. Signed, sealed and deliver, in the presence of, Signed, sealed and delivered Walke ill, LLC in the presence of: 1l by/dirl A"111111.1111111116 . 'La S. Prather as i Member Notary • Arkth, dogliozc,,,,-...ski, Public :o tV c A ox,4, CC `n Commission expir - ® 9 s i G •RGIA/ �j RECORD BOOK 1564 Ps 849 Ha t t i a Hol Inas. Sul 1 i va n Clerk of Superior Court Ausustri Richmond Counts, ACCEPTED: AUGUSTA, GEORGIA , ,,, Va ,z<Lzi .-- -- 4_,. By: WITNEW Hardie Davis /tee . --. ......,.., As-its M . dr -, . , ---)i IfZi- liii/A-)44isai)r /2,/ /// i'! /4 I I,j , NOTARY PUBLIC PUBLIC Aft .st: A iii 401 ,,eid;:zall r rr -. -f . / .1:1 State of GAweicounty of -f GYlm. 1 ,z,.. .,* ,ir..,z-„,.. A d• 60 '-,' . , 1 ArS., : fe,;,,,cM 11 51 160 1 Expi/es My Commission orr:ti r"v4.;(Notary Seal) 6996 .e. 46 ik f I (4«f 44 atesseoe. 4 "S.."S..... 4, . ; EititZORGI 14.4.411. CattALV406 Ille.p4 ( fiteplcA/6. 41; awe Vuor c7z .s...$ .6, A71cooz;,i, I 111°,A00 After recording please.return to: Augusta Law Department E s 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 5, 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 5, has been prepared by James G. Swift & Associates, dated July 31, 2015, and said plat has been recorded4ie in the Office of the Clerk of the itSuperior Court of Richmond County, Georgia in Plat- t ]2 , 7z-e'y; 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 ii,21 day of De,C., , 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 2017000975 AGREE 1 564 Pg 839 -1 IIllI IIIIIIII IIIIIIIIIIIIIIIIIIIIIl1 III IIIIIIIIIII Filed and Recorded: 1/10/2017 2:01:31 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 P9840 r 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 5, 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 E , Slide2lo C.-O /Soak a Pa,,7a--)ci Together with all of the necessary rights of ingress anegress 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 P 841 Hattie HD1 Ine . SulliA.Fan Clerk of Superior Court IN WITNESS WHEREOF, the party of the first part has hereunto sets�its hand ugusta and affixed its seal the day and year first above written. Signed, sealed and delivered Wa r ill, LLC in the presence of:��"s7‘ by: Lionel Prather as its: Member • No,ryP �. , ,`'1•2 ��,,,r.A,' *. ', ¢y sGergia 13.E :PO . ; O G 04'T,0 ORIA . c?i a. ., ,-t' ooNe� � G. Ar wiersoia- Accepted by Augusta, Georgia by and through its Com by: fictivae l 'Ave +' /LAS' �� � 16( A ttest: • - c'• ,/ mift96 9 0 1 R?�° ;titre , * °^� #0. I pern , ,'r 4 g'S It i P s y40 69s s' tv,.. 44®oasaa0► s .‘m►vs® "6 1 -3- Afnlgv ee (Nr-eP & h : Augusta Law Department 535 Telfair Street,Building 3000 Augusta,GA 30901-2386 STATE OF GEORGIA ) (Roads & Storm Drainage) MAINTENANCE AGREEMENT RICHMOND COUNTY ) THIS AGREEMENT, entered into this (11 day of Dcc e, her , 20n 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 5, as shown on a plat prepared by James G. Swift&Associates, dated July 31, 2015, and which plat is recorded� in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed reel %.2. , Page ? -')y . 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. 201700097!all! AGREE 1564 Pg 842 - IIIIIIIIIIIIIIIIII111Filed and Recorded: 012017 20131 PM 1blT .00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk ofSuperior Court Recording Fee:$0.00 Augusta Richmond County, .' '`~ RECORD BOOK 1564 P9843 Hatt i F. Hol mom. Still i van Clerk of Superior Court Aususto 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. Signed, sealed and delivered Wake ill, LLC in the presence of: ti bylirri d111111111111h `Lar S. Prather as i Member N to Public _fie .4-d.'47)Ifklix-ir,"_:,"•to,d l ry :_ �.z. l L# C un t ; ii.i''s �+ Commission expired 9 At k. i ;. E•RGIA/*CF 4v ��i� VN Augusta, Georgia Commission by (L.S) T" Gas the Mayor) c�, ;e v�JIY.«*,`®4"°"*a � oc�NI OA�6/� " ' ATT T. , %.Veer ' 4 / // //� 4l h'I_ Clerk .f C, ','sf ',' ,, " r #A 4996 Nit ® 'y -2- .... ..RS'k'c 11 Ylh kN',-y9 hk34.-. y44:;%14444M14't4.0i..$48-1At70