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Home My WebLink AboutDEED OF DEDICATION AND MAINTENANCE AGREEMENT FROM KIR AUGUSTA, I 044, LLC AFTER RECORDING,PLEASE RETURN TO: 1111101111011011111111111011 WD 1657 Pg 2052 AUGUSTA LAW DEPARTMENT III Filed and Recorded: 535 Telfair Street,Building 3000 12/19/2018 2:49:36 PM AUGUSTA,GA 309014415 KEC Transfer Tax$0.00 Hattie Holmes Sullivan Clerk of Superior Court Recording Fee:$0.00 Augusta Richmond County, STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION Building Located in the Augusta Exchange(in front of Target) 023-3-054-00-0 and 023-0-004-05-0 [Water Distribution System and Gravity Sanitary Sewer System] Private Street(s)and Parking Lot WHEREAS, KIR AUGUSTA I 044, LLC, a limited liability company established under the laws of the state of Georgia,hereinafter referred to as"DEVELOPER", owns tracts of land in Augusta-Richmond County, Georgia,known as 229 Robert C. Daniel Jr. Parkway(Tax Map and Parcel Number 023-3-054-00-0)and 223 Robert C. Daniel Jr. Parkway (Tax Map and Parcel Number 023-0-004-05-0), and in the construction of a building on said tracts,has laid out a water distribution system and gravity sanitary sewerage system,to support said building; and WHEREAS, it is the desire of DEVELOPER,to deed the water distribution system and the gravity sanitary sewer to AUGUSTA,GEORGIA, (hereinafter referred to as "AUGUSTA"), a political subdivision of the State of Georgia 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 Cranston Engineering Group, P.C.,dated February 14,2018 and revised March 2,2018,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 298,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 any said individual force mains and/or grinder pumps shall remain private; Page 1 of 4 RECORD BOOK 1657 Ps 205 14 NOW, THEREFORE, this indenture made this /1pday of g'c,f'bi, -te,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, which are shown as "Easement A" on 023-0-004-05-0 and "Easement B" on 023-3-054-00-0,on the aforementioned plat. 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 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. Page 2 of 4 RECORD BOOK 1657 Ps 2054 1 +. 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 "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 the presence of KIR AUGUSTA I 044,LLC By: Kimco Income Operating artnership, L.P. Witness Its managing member By:Kimco Income REIT oidrums, Its eneral partner Notary Public State of a ur0 I Al .:Iturly County of hhucName: ' a azydlo Vice fr-si•erit— Title: My Commission Expires: 1 3t 12, Afiltomia �IfV14149 NOTARY PUBLIC (SE, L) Mecklenburg County North Carolina My Commission Expires 3' 2 Page 3 of 4 RECORD BOOK 1657 P9 2055 Ha t it i Hal rrr�E. Sul 1 i ua n Clerk of Superior Court Ausustn Richmond Counts, ACCEPTED BY: AUGUSTA, GEORGIA By' _ a.vlw' 4110 Witness —— - Hardie Davis, Jr. As its Mayor 4164O,'t44& ., r,/�� otary Public ,,,,,A 4-. Af $ Attest: , `.� ,,r / State of GI County o )C�1 l'' ._�. ..-� _. � %� ># i My Commission Expires - et ` , ;I, R" C an Expires May 2b.2019 °, V,t' '4..., -`"' ` t' ''',,/ •r;; ag y . d: � 4 h.s; ,L-d CA X 4f t:'Lx (SEAL) R,��*� pRL.��1�s"osi � � r :2 C'.. ( , A4 N . Page 4 of 4 AFTER RECORDING,PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT112018059955 AGREE 657 Pg IIIIIIIIIIIIIIIIIIIIII1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Filed and 2056 Recorded: 535 Telfair Street,Building 3000 AUGUSTA,GA 30901-4415 KEC Intangible Tax Paid$0.00 2/19/2018 2:49:36 PM Transfer Tax$0.00 Hattie Holmes Sullivan Recording Fee:$0.00Augusta Richlerk of mond Court STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT Building Located in the Augusta Exchange(in front of Target) 023-3-054-00-0 and 023-0-004-05-0 [Water Distribution System and Gravity Sanitary Sewer System] Private Street(s) and Parking Lot THIS AGREEMENT, entered into this /6 day of 60-1-06&z , 2018, by and between KIR AUGUSTA 1044, LLC,a limited liability company established under the laws of Georgia, 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(the"improvements")for a building constructed at 229 Robert C. Daniel Jr. Parkway (Tax Map and Parcel Number 023-3-054-00-0)and 223 Robert C.Daniel Jr.Parkway(Tax Map and Parcel Number 023-0-004-05-0),(the"project")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 the improvements laid or installed for the project,which AUGUSTA does accept by Deed of Dedication,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 project, respectively described in the Deed of Dedication contemporaneously tendered herewith to the Augusta-Richmond County Commission. (2) The DEVELOPER agrees to maintain all the improvements, as described in the said Deed of Dedication,for a period of eighteen months from the date of this agreement,which shall be the date upon which the Augusta-Richmond County Commission accepts and approves said dedication. (3) The DEVELOPER agrees that, if during said eighteen month period there is a failure of the improvements laid or installed for the project, due to failure or poor workmanship, the DEVELOPER shall be RECORD BOOK 1657 Ps 20157 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 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. KIR AUGUSTA I 044,LLC Ij By: Kimco Income Operating artnership, L.P. —_-_ Its managing member By:Kimco Income REIT Its l eneral partner Notary Public By: _'► State of 0014\-\0 ,..V0kkc\a. 1i,�1RCM G. J. Bazydlo County of 13,0 L clb Ce !President-- I Title: My Commission Expires: \\3k,\2\ ARTEMIS GINNISN (SE ) M ctklenbu TAY PI (SENorth Carolin My Commission Expires/231W_ RECORD BOOK 1657 P92058 - Hattie Holmes. Sul 1 i ' an Clerk of Superior Court Aususta Richmond Count �1 AUGUSTA, GEORGIA OP By: Iv LA" / ./.--_.411111111IP WITNESS Hardie Davis,J 7) 4a.-.-ey ll/9s Its:Mar a ', OTARY PUBLIC "�" �'� Richmond County, Georgia II foo My Commission Expires: ' Attear'g �„ + ,. s',/r/1s ,/ ev MYCommisslon Expires May 25,2019 ,(SEAL) , $u ° �' t * 4t), 7es ''''4 %'x . otti$641.#,epk ` e y14b s •� s. a.aa o t. bye' k Z. .f* • k47,-4,r,OSx ', t i a( 4* ,..- 0 , , .,-, s k Y Y "''i <f .,,.' '.**