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Home My WebLink AboutDEED OF DEDICATION AND MAINTENANCE AGREEMENT FOR THE GRAVITY SEWER SYSTEM FROM EUCHEE CREEK DEVELOPMENT CO., INC. 111(111111111111111111111111111 wo1624 Pg 192 yIIIIII Filed and Recorded: Transfer Tax$0.00 4/9/2018 3:63:20 PM Hattie Holmes Sullivan Recording Fee:$0.00Augusta Richmond lerk of rCCourt ounty, After recording please return to: Augusta Law Department Attn: Kayla E. Cooper, Esq. 535 Telfair Street,Building 3000 Augusta, GA 30901-2386 STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION RIVER WATCH PARKWAY COMMERCIAL/RETAM CENTER [Gravity Sanitary Sewer System] WHEREAS,EUCHEE CREEK DEVELOPMENT CO.,INC., a company established under the laws of the state of Georgia,hereinafter known as"DEVELOPER",owns a tract of land in Augusta-Richmond County, Georgia,known as River Watch Parkway Commercial/Retail Center, off River Watch Parkway,near Furys Ferry Road,and in the building of said Commercial/Retail Center on said tract,has laid out a gravity sanitary sewer; and WHEREAS,it is the desire of DEVELOPER,to deed a.portion of 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 June 28,2017,said plat being recorded as being recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia,in Plat Reel 13,Page 193, 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 a portion of said gravity sanitary sewer, 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; Page 1 of 4 02)3IS NOW,THEREFORE,this indenture made this 4,--th day of f,4p ,21H-7-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 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: An exclusive easement in perpetuity over a portion of the gravity sanitary sewer, which is shown on the aforementioned plat as a "27'Utility Easement in favor of Richmond County", and which is located at the junction of River Watch Parkway and Cooper Drive. 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 Page 2 of 4 • RECORD BOO K1 2 4. P 53 1 "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 portion of the gravity sanitary sewer,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 band and affixed its seal the day and year first above written. Signed,sealed and delivered in the presence of EUCHEE CREEK DEVELOPMENT CO.INC. By: k Z1114114 Witness • S. • :ther,Jr. /J Q� As Its: CEO Not Publi State of A c Attest: Pri ( (� �� c/),Le/E Robert Lionel Prather County ofj�v, iko As Its: Secretary My Commission Expires: 23 : • rt .. OFFICIAL SEAL rY ; �,. DOLLY W SWILLEY Notary Public,Georgia " •"+lry RICHMOND COUNTY .•„;e My Commission Expires JUNE 23,2020 2+Y _ saa sa _ aas_ Page 3 of 4 R C 0 F:f::- i2 0 n K 1. :1 Hutt i El Hiol ref .F.....E- Sul 1 i va n CI Er i•: D( 'E.:UP e r:,:::.- 0;:.-.LJ r i Accepted by: AUGUSTA, GEORGIA '-) V (/)96aez4, By te;A-• Aiiii WITNESS ? . A61( Hardie Davis,Jr. 312vis 441, 4,14g 0/4v As Its: Mayor NOTARY PUBLIC y4t_thr County, Georgia it. i' P'1410,V4-jok' ./ It My Commission Expires: AtteSt: it It,4 /' s Niterr 'r .._ A _/ i , - ' my CarIMISSiChi r -,:. ' :'':',25,7019 ,: Clerk Oft° L',/...-1;'' .. % / ti ' 14' 4. to::::,x,e;!•5•:„.-1,: e"•.,; a , 0 ' 0$10010 post - ,,,-:: t i.;..-',,,...7,::-.;',:.4.-- t. *qi 05ORLei**** 1cts ul,„1:114L: a: ****0 h, i'; ;7•- e*4)*0460.40" -,.. t 11..2.I.* 40 0 ' )::: ,, V 4_• ,r 4, ,, •••...., . Erm .No• ' ',?.., "l'aVitiwq''' ... e F. .. , ,.... -.....,.. ,,,,.. „,,,,..„....4.......,.4%.,0 „, 2018020616 AGREE 1624 Pg 196 a II II IIIIIIIIIIIIIIIII 1111111111111 Filed and Recorded: 4/9/2018 3:63:20 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: Kayla E. Cooper, Esq. 535 Telfair Street,Building 3000 Augusta, GA 30901-2386 STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT RIVER WATCH PARKWAY COMMERCIAL/RETAIL CENTER (Gravity Sanitary Sewer System) /y THIS AGREEMENT,entered into this/, day of/1,4-I_1-1 2047,by and between EUCHEE CREEK 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 a portion of the gravity sanitary sewer for River Watch Parkway Commercial/Retail Center, as shown by a Deed of Dedication and Plat, 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 said portion of the gravity sanitary sewer, as shown On said plat in the commercial/retail center, which AUGUSTA does accept by Deed, for a period Of eighteen 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 said portion of the gravity sanitary sewer for the commercial/retail center, 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 commercial 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 a failure of the installations laid or installed in said commercial center 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 jr x a RECORD BOOK . ��'; ..n:_ P9 - Hu t i sL Hcr1 �m rs..,_Sul 1 i %/as ;3 • rt A u.Tus-_ R i _ .- ,.h?lo " _ i!3 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 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,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. EUCH - C i K DEV L ME C• , INC. N).‘,1, zi&s) By: WITNESS " Larry . "rather,Jr. , tl // 74P. , jetA As Its:CEO NOTARY 'i BLIC _a_c2L4 C'K County, Georgia Attest: Robert Lionel Prather My Commission Expires: A �0 As its:Secretary { _ . >f-+=iCIAL SEAL ' ' (No -, .7:1-1:-••; `.:OL.LY W SWILLEY ' 4 yam- Notary Public,Georgia : + Alli e . kr"HMOND CbUNTY { ,,::�7+.e «, ,;y,Commission Expires 4 ..-.. JUNE 23,2020 AUGUSTA, GEORGIA Y76).n,,, 0 / Q4C2„ , By: WITNESS t/ ,6M Hardie Davi __Avi.0)A, - ii 4, . 3121//As 1 NOTARY PUBLIC s:Mayor Alm% • County, Georgia My Commission Expires: Attest: , 7,(4, ,` � , Clerk of Co ,fission _. ,,,i� ��•70.......„„,,....\#, �, My Commission Cx;. ;May 25,2019 ate' 'i .e Z, a' ° .44 ' = (SEAL) %6 p ) ' ''