HomeMy WebLinkAboutDEED OF DEDICATION FOR WATER AND SANITARY SEWER FOR LONGPOINT TOWNHOMES PHASE III, SECTION 2 FROM TCA, LLC 2018020618 Wo 1624 Pg 202
iiII!II!IIIIIIIIIIIIIIIIiIIIIIII!IIIIIIIIIIIiIIIIIIlliiiiiii Filed and Recorded:
Transfer Tax$0.00 4/9/2018 3:63:20 PM
Hattie Holmes Sullivan
Recording Fee:$0.00 Augusta Richmond of rCounty,
Augusta Law Department
Attn: Kayla E. Cooper, Esq.
535 Telfair Street
Building 3000
Augusta, GA 30901-2374
STATE OF GEORGIA
COUNTY OF RICHMOND
DEED OF DEDICATION
LONGPOINT TOWNHOMES, PHASE III, SECTION 2
[Water Distribution System and Gravity Sanitary Sewer System]
Private Street(s)
WHEREAS, TCA, LLC, a limited liability company established under the laws
of the state of South Carolina, hereinafter known as "DEVELOPER", owns a tract of land in
Augusta-Richmond County, Georgia, known as Longpoint Townhomes, Phase III, Section 2, off
Old Waynesboro Road, near Mike Padgett Highway(S.R. 56), and in the building of said
townhomes 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, was prepared by
Southern Partners, Inc., dated September 16, 2014, revised December 1, 2015, said plat being
recorded as being recorded in the office of the Clerk of the Superior Court of Richmond County,
Georgia, in Plat Reel 12, Pages 19, to which reference to both 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 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;
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NOW, THEREFORE, this indenture made this 6 " Y of da / ?A/ 'between
DEVELOPER and AUGUSTA,
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, itstsuccessors 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 drawings.
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 does further agree that AUGUSTA shall not be responsible for
pavement repair or site restoration associated with the repair or replacement of water and/or
sanitary sewerage pipeline(s) in this private development.
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
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BO F _ .12
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.
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 delivered in TCA, LLC
the presence of
Witness Sherwood R. Belangia
As Its: Manager
jnICIALINotary u is
State of -
County of
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Accepted by:
AUGUSTA, GEORGIA
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By:
WITNESS 0 Agin Hardie D.
3/20f
As Its: Mayor
NOTARY PUBLIC 1 I
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