HomeMy WebLinkAboutDEED OF DEDICATION AND MAINTENANCE AGREEMENT FOR TCA, LLC/ HIGHBORNE TOWNHOMES 2018062346
Augusta Law Department IIIIIIIIIIihIIIIIIIIIIIiIIII////I/III/IflhI///II/IIIhflh///
1650 Attn: Kayla E. Cooper, Esq.
535 Telfair Street Transfer Tax$0.00 Filed and Record 10/18/2018 10:03:21 AM
Hattie Holmes Sullivan
Building 3000 Recording Fee:$0.00 Auguof Richmond lsta rnorCounty,
ty,
Augusta, GA 30901-2374
STATE OF GEORGIA
COUNTY OF RICHMOND
DEED OF DEDICATION
HIGHBORNE TOWNHOMES, PHASE II
[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 Highborne Townhomes,Phase II,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 H&C
Surveying,Inc.,dated October 23,2017,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,Pages 259,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
RECORD BOOK 1650 Fs 1461
NOW,THEREFORE,this indenture made this /crfhday of_ften s 2018 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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RECORD BOOK :1 650 P 1 x 67
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 ^
firikva_ •
�i/li/� /LIL By: .-
Witness
/�� Sherwood R. Belang as
. ' C` ` As Its: Manager
Notary he
State of -cam'' 1(.
County oFetij
My Commission Expires: 2-L-2O2Z)
Page 3 of 4
.
RECORD BOOK 1650 P91463
tin it F.; i IE.° H o 1 tirt .ish.s. Sul 1 II ..? ra
Clerk of SuperICr Court
Auqustcl Richmond Cc....41t,Jy
ACCEPTED BY:
AUGUSTA,GEORGIA
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As its Mayor I
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Page 4 of 4
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AGREE 1650 Pg 1464Augusta Law Department lI205I2I34I7IIIIIIIIIVIIIlI
Attn: Kayla E. Cooper, Esq. Filed and Recorded:
10/18/2018 10:03:21 AM
535 Telfair Street Intangible Tax Paid$0.00 Hattie Holmes Sullivan
Building 3000 Transfer Tax$0.00 Clerk of Superior Court
Recording Fee:$0.00 Augusta Richmond County,
Augusta, GA 30901-2374
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
HIGHBORNE TOWNHOMES,PHASE II
(Utility Water Distribution System and Gravity Sanitary Sewer System)
Private Streets^
THIS AGREEMENT, entered into this/Q day of c..�ipmhe — 2018, by and between TCA,
LLC, a limited liability company established under the laws of South Carolina, 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 the water distribution system and the
gravity sanitary sewer system for the subdivision known as Highborne Townhomes, Phase II,as shown by a Deed
of Dedication, 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 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 incurred by the DEVELOPER
and the mutual agreement hereinafter set out, IT IS AGREED that:
(1) AUGUSTA accepts the gravity sanitary sewer system and water distribution system for the
subdivision, 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 subdivision 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 subdivision described in the Deed due to failure or poor workmanship, the
DEVELOPER shall be responsible for adequate maintenance and repair.
(4) In
e
nt of such failure of the improvements,
UGUSTA
PER and set
forth in writing the titemsein need of repair.The DEVELOPER shall present,within shall fifte ntbusiiiness dhe a s of the date
daysto
RECORD BOOK 1 650 Po 1465
Hatt ir� Hal 0flrF2S. Bull i ',,.a n
Clerk of Super,or. Court
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of said writing, its proposed plan of repair and shall have the repairs completed in a reasonable time, as
determined 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 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.
TCA,LLC
q� � ,,/
oV By: '°-------
''itness Sherwood R.Belangia t __
v J naA. b c �1/ As Its: Manager
NotaryState of OCOS itv County of Rke. ,-,—(,,r,,,,i
My Commission Expires: 2:2: 21Z?
,a.
(SEAL).
AUGUSTA, GEORGIA
4, 77)(5) .16064;
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WITNESS U , Hardie Davis,Jr.
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$Its Mayor
NO ARY PUBLICbr6Y I a k H
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Richmond County,Georgia ,� ..,...p..S /,,,,,�0
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My Commission Expires: Attest r4- t ; l�;�,, / '
'N��p��b��� My Commfsslon Expires May 25,2019 'Ierl O `COm../5. tt �'
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