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HomeMy WebLinkAboutDEED OF DEDICATION FOR WATER AND SANITARY SEWER SYSTEMS FROM TCA, LLC FOR LONGPOINT TOWNHOMES, PHASE III-B a 2018030077 WD 1631 Pg 819 After recording please return to: ÜII IIIfiIflJ Filed and Recorded: Augusta Law Department Transfer Tax$0.00 6/6/2018 12:26:41 PM Attn: Kayla E. Cooper, Esq. Hattie Holmes Sullivan Clerk of Superior Court 535 Telfair Street,Building 3000 Recording Fee:$0.00 Augusta Richmond County, Augusta, GA 30901-2386 STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION LONGPOINT TOWNHOMES, PHASE III-B [Water Distribution System and Gravity Sanitary Sewer System] Private Street(s) WHEREAS, ATC Development Company, 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 Longpoint Townhomes, Phase III-B, 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 Star Survey, Inc., dated December 7, 2010, said plat being recorded as being recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Reel 7, Page 36, 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; Page 1 of 4 RECO!,ryEON. '.. mss�"-�_G r,: 0 • NOW, THEREFORE, this indenture made thiqjiltli day of N4A c j , me 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, 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 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 Page 2 of 4 • REcOFD BOOK. 1631 F`{_ 321 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 ATC DEVELOPMENT COMPANY the presence of By: Witness Sherwood R. Belangia I ,1� J � As Its: 'tt'\‘1)( jr+4',AkAt_\- Notary Pu•lic 111111 State of County of K.,th nntr ► My Commission Expires: 2t2—I26R Page 3 of 4 RECORD BOOK. 1631 P9322 Ha lc, t i ( ,, Hip 1 re(CEL.S. SLA1 1 i Vitt n Cir of Superior Court. AU9USt1 RH:I-IMMO CriuntJJ ACCEPTED BY: AUGUSTA, GEORGIA \/).2k(i 0. ,x29aG211.411..A.: By: WITNESSHardie Davis, Jr. PUBLIC 111Pk4-h0— P 4°L5N(1 NOTARY 6-14/114s Its: Mayor . , ( 't .. ii votomwsmaltlii 1\101 MX:11J County, Georgia "si ;es ' / dor co My Commission Expires: , / 1 Attest:e1",/,WAJffi.fX/Z.f 1 !: .e•N I* er-,,,:mirilZA:icit4----, :# I . --, * •1-04`,_A i, i,,,,-,..,', * .,„,1 0 (Notary Seal) MyCommIsslon Expires May 2 2019 1 t Ct s qt '-'1•N':,:":--'`5 ;`i;t 4 4 ic i ei% WiCFA JP, 1 # cf * TS ,,t i3 to- t -,, • i'.4-/ (stARP ' - - Oitt• .,,,,, k •0 t PUSOP e: . ,,, , . I.t, • ClitA,1 04 0 ••••••••60-% J