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HomeMy WebLinkAboutMANCHESTER SUBDIVISION SECTION SEVEN- (AED) DEED OF DEDICATION, MAINTENANCE AGREEMENT, ROAD RESOLUTIONS (3)- (AUD)- DEED OF DEDICATION AND MAINTENANCE AGREEMENT 2017023896 AGREE 111111111111111111111111111111111111111111581 Pg 171 Filed and Recorded. Intangible Tax Paid$0.00 6/1/2017 1:64:64 PM us Au ta Law Department Transfer Tax$0.00 Hattie Holmes Sullivan Augusta P Recording Fee:$0.00 Au Clerk of Superior Court Attn: Wayne Brown,Esq. gusta Richmond County, 535 Telfair Street Building 3000 Augusta, GA 30901-2374 STATE OF GEORGIA ) MAINTENANCE AGREEMENT } (Roads, Storm Sewer) COUNTY OF RICHMOND ) THIS AGREEMENT, entered into this .4 day of 11 , 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 "Weldon Adams Drive" (60ft RAN), portion of road, named "Ken Miles Drive" (60 ft RAN), portion of road, "Ted Tidwell Lane" (60ft RAN) and additional drainage and utility easements and appurtenances for Manchester Section 7, 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%9 , 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' RAN 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 (58/ Superior Court of Richmond County, Georgia, in Realty Reel_, page )491. (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 l :8i P9 :1 r 2 " Hatt i ry Hol trite? SIofl i 'an Clerk of Superior Court Au9usta 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 DEVE `P ',T cifC. ATTEST: BY: PIP/ AS ITS: ' ASV p $C`. Stephen Beazley Builders, Inc. /0 pa1, '•• is otary � � (L.S) ISP®;�'oA Jan , ?% AS ITS: %. -, f ' • . e` 4a L' 4*13016:4"1"114 yQO4 c .,.;;t8CN 04;2 AUGUSTA, GEORGIA ,�Air•. 4 S. : • 1,0 i jitie As Its Mayor) )4,0-4, e Dq V 1 f6 TR ATT' . � � �' . mid 2141 4107 I_ th,f '-.,,,n j ° 6906 do r ' 2017023897 WD 1581 Pg 173 111111I���II�11111111 iiI1�IU 11011 Filed and Recorded: 6/1/2017 1:64:64 PM Transfer Tax$0.00 Hattie Holmes Sullivan Clerk of Superior Court Recording Fee:$0.00 Augusta Richmond County, Augusta Law Department Attn: Wayne Brown, Esq. 535 Telfair Street Building 3000 Augusta, GA 30901-2374 STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION MANCHESTER, SECTION 7 [Water Distribution System and Gravity Sanitary Sewer System] WHEREAS, COEL DEVELOPMENT CO.,hereinafter known as "DEVELOPER", owns a tract of land in Augusta-Richmond County, Georgia, off of Diamond Lakes Way,and in the building of the Manchester, Section 7, 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 distributi system and the gravity sanitary sewer to AUGUSTA,GEORGIA, (hereinafter known as "AUGUSTA"), a political subdivision acting by and through the Augusta-Richmond Couaty Commission for maintenance and control; and WHEREAS, a Record Plat prepared by Southern Partners, Inc., dated May 23, 2016,was recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Reel 1,Z , Page(s) /57p , 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 distribution syssem 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 "9day of / / t( l 201+6-between DEVELOPER and AUGUSTA, Page 1 of • RECORD BOOK 1 531 P's 1 .z 4 ' 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.ng 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, exi:ending, operating, repairing and maintaining of pipelines transporting and carrying utility services shall be planted on said easement(s) and that no buildings, structures, or other permanent improvements shall be erected, constructed, or maintained thereon; and, if such prohibited trees, vegetation, buildings structures, or other permanent structures (hereinafter referred to as "obstructions") are placed, built, planted within said permanent easements, such action will be considered a violation of this agreement and Augusta shall have the absolute right to immediately remove, or have removed, such obstructions and shall bear no responsibility, or liability, for said obstruction's value. Page 2 of RECORD BOOK 15,1 Ps 1 ; • Ha t t. i Hol mR. Su.n1 1 i ', n C1 eri•: of Superior Court Augusta Richmond Counts• TO HAVE AND TO HOLD said water distribution system and gravity sanitary sewerage system, together with all and singular,the rights,members, appurtenances thereuf to the same being, belonging, or in anywise appertaining to the only proper use,benefit and 1:iehoof 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 COEL DEVELOPMENT CO. the presence of • By: frilig Witne . Bill Beazley `I As Its: /Urz Not.6.' .lie State of (A A Attest: tep ",/� Stephen Beazley County ofI+ t��. As Its: 5`e c. My Commission Expires: I- I 1)-) fl 04 � a..•;Y 1A '••;cpe® ACCEPTED BY: ® AUGUSTA, GEORG s �0#Oe ae+ Jan. ��:'� By: •/....•0 < . Hd`reDis;Jr. tt AnZ Ce•�" As its Mayor 5I d �CYr 4 14 ./ > Aust: /1.1.::"..���1�L�,. • 'Er fi d : �• ' 2017023895 WD Pg 1581 169 1111111111 IIIIII IIIIHhIHIllhII IIIIIIIIIIIIIIIIIIIII Filed and Recorded: 6/1/2017 1:64:64 PM Transfer Tax$0.00 Hattie Holmes Sullivan Clerk of Recording Fee:$0.00 Augusta Ri hmondrCo CoCouunty, Augusta Law Department Attn: Wayne Brown,Esq. 535 Telfair Street Building 3000 Augusta, GA 30901-2374 STATE OF GEORGIA ) COUNTY OF RICHMOND ) DEED OF DEDICATION THIS INDENTURE, made and entered into this 2hd 2h , day of 1M 01/4/ 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 MANCHESTER SECTION 7, as prepared by Southern Partners, Inc., dated May, 23 2016 and last revised on November 15, 2016 as recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Plat Cabinet E, Slide 33, Plat E and in Book 12 , Page 225 ; 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. • a , • " RECORD BOOK. 1 581 P9 :1 70 t ,' Ha t i Hca Ham�-S. Sul 1 i ova n t Clerk of Super i or Court Auguste Richmond Count 14 TOGETHER WITH: All that lot or parcel of land shown and designated as Weldon Adams Drive - 60' R/W and Ken Miles Drive — 60' R/W and Ted Tidwell Lane — 60' R/W on that plat of Manchester Section 7, as prepared by Southern Partners, Inc., dated May 23, 2016 and last revised November 15, 2016, as recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Plat Cabinet E, Slide 33, Plat E and in Book 12 , Page 225 , 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/ C. in our ,rese ce: By: is S iti Y---et& 1 itn-ss As its: /-9-i' 1 •� IA(73:,_ � Stephen Beazley Builders, Inc. p Y otar, P blic, Georgia /,)-7 ._, b - /Li_-- As 2 By: /A its: ,11.1,1 My Commissionires: )-) 7-1-7 .�P® "'•.;s'�,+1) ACCEPTED BY: ® �o AR t ®� AUGUSTA, GEORGIA 0 . Y $ ,€4 ,---,:t.,-,.:,-.-,--. ...44',' :.y�voww ��n: Ail r,•Pe. Bev o' j,�,� 1`+I`4.7 . r.� ( , 1 Its: May. �7 `-Vl`J' -. d�iv a� . ate �'1 , N , '...,'"i,,,crib44*4 V6//7 l':' l ;, , Attest: iii �. /has ''‘,/ 1 Its: Jr $ .,, A i6 o ® SE `' '� ,K i 1 1/ 1 1 i 1111 i':.; A i 4'3%� "'r to r0 AGREE 1581 Pg 176 1111111111MIIIIII 6Filed and 11/2017 1:64:64 PM Intangible Tax Paid$0.00 Hattie Holmes Sullivan Transfer Tax$0.00 Clerk of Superior Court Augusta Law Department Recording Fee:$0.00 Augusta Richmond County, Attn: Wayne Brown,Esq. 535 Telfair Street Building 3000 Augusta, GA 30901-2374 STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT MANCHESTER, SECTION 7 (Water Distribution System(�� and Gravity Sanity Sewer Main) �� THIS AGREEMENT, entered into this h day of Mat , 2O43 by and between COEL DEVELOPMENT CO., INC., a Georgia company,hereinafter ref red to as the"DEVELOPER",ii nd 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 main, for the subdivision known as MANCHESTER, SECTION 7, as shown by a Deed of Dedication, contemporaneously tendered and recorded in the office of the Clerk of the Superior Co.lrt 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 ir,:urred by the DEVELOPER and the mutual agreement hereinafter set out, IT IS AGREED that: (1) AUGUSTA accepts the water distribution system and gravity sanitary sewer main for i':he subdivision, respectively described in the Deed contemporaneously tendered herewith to the Augusta,Georgia Commission and that said water distribution system and gravity sanitary sewer main were duly inspected by the Augusta Utilities Department and said systems did pass said inspection. (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 the acceptance of said Deed of Dedication by the Augusta, Georgia Commission. (3) The DEVELOPER agrees that, if during said eighteen-month period there is iii failure of the installations laid or installed in said subdivision described in the Deed due to failure or poor wc.kmanship, 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 clays of the date ta t . Hotti Holmes-. Sujl . ! t..ta n Clerk of Superior Court Aususta Richmond Count of said writing, its proposed plan of repair and shall have the repairs completed in a reasonable time, us determined by AUGUSTA. (5) If, in the event of an emergency, as determined by AUGUSTA, the DEVELOPEFIis 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 the CITY shall proceed to have the necessary corrective work done, and the DEVELOPER agrees to be responsible to AUGUSTA for payment, in full, of the costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. IN WITNESS WHEREOF,the DEVELOPER has hereunto set its hand and seal and AUGUSTA has caused the execution of this agreement by and through its duly authorized officers and agents,with its seal affixed, the day and year first above written. Signed, sealed and delivered in COEL DEVELOPMENT CO., INC. the presence of ,I/. At, By: 461 i X Witne. 1 r Bill Beazley i AS . ------) � As Its: k,._<5- Not. "ubl.i, State of C 4 Attest: . 6...- lf------S1.----- Stephen Beazley County of OL tchN;fj i-c. As Its: Se G My Commission Expires: i 1 -)- 1 r) ��,,,,D H A ®�k ACCEPTED BY: "c' °°'• AUGUSTA GEORGIA ®A.• •°••° '••° ��1 mom;+OT/$� I _._ :°N •a By: 7_—' ' I A C� : ® #46 . lardie-Baviss-fir;.,-------.M._.. _.._. d IO o • As it ayor/ � .0 .. ti. s rjY At A SI V/i O' Atte: f//u 1�ilr,i>' J 4./%I_/�, e k±'R' / ission""® G . s # °d ii �.. .. '" SUBDIVISION: Manchester, Section Seven RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Ken Miles Drive is an existing road in Richmond.County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Ken Miles Drive a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Ken Miles Drive is hereby added to its official County Road System of Record, being described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning and ending: Beginning at existing Ken Miles Drive Extending approx. 304' W (b) Length of road to nearest 1/100th mile: 0.06 mile (c) Width&type of road surface: 31 ft. from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot . The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. Adopted this , ' qday of Ma , 20/7 . slYWb Z «,q ��` °'� ¢�� NI:- `" AUGUSTA, GEORGIA �r4t , .„Jr /—/ E � a Aew As Its MayoryF I e f -y;)TY• A 4 f '00 67g70 Y SUBDIVISION: Manchester, Section Seven RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Weldon Adams Drive is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Weldon Adams Drive a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Weldon Adams Drive is hereby added to its official County Road System of Record,being described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning and ending: Beginning at centerline of Ken Miles Drive Ending at approx. 1,111 ft. NW,then curving NE (b) Length of road to nearest 1/100th mile: 0.21 mile (c) Width&type of road surface: 31 ft. from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. (� Adopted this 0 I\C° day of n1 , 20 / � . � 4.-4"14.1C11440474 AUGUSTA, GEORGIA " «� � + BY: t �; Y` X00 �� As Its Mayor)4 r �' . fir, y ) fia11'rsi 1 e, P(wi `) /At ,� ,9 Attest,rm._, J�.� . � :.,'a.. $ ®,.. 7847 it; ye *.0 kl �OR t �4�4 } SUBDIVISION: Manchester, Section Seven RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Ted Tidwell Lane is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Ted Tidwell Lane a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Ted Tidwell Lane is hereby added to its official County Road System of Record, being described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning and ending: Beginning at centerline of Weldon Adams Drive Ending at approx. 220 ft.NW (b) Length of road to nearest 1/100th mile: 0.04 mile (c) Width&type of road surface: 31 ft. from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. Adopted this 116( day of ,11 , 20/ . 4"1:02iCH I040 '4AUGUSTA, GEORGIA Off BY: 6 �, r 2 yid r { "� As Its Mayor) 4 yt&ie -XG'Y tfj At est�'1J ��k ffiT s 1i/,i i cop. �s 4 /O//! a% ,-46 . 414 .4'"►rweew aa`