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
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• 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
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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
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Cir of Superior Court.
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ACCEPTED BY:
AUGUSTA, GEORGIA
\/).2k(i 0. ,x29aG211.411..A.: By:
WITNESSHardie Davis, Jr.
PUBLIC
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