§ 7.5-38. Deed of dedication and maintenance agreement and easement.
Latest version.
Upon issuance of the maintenance bond or letter of credit as provided above, the developer
shall execute a deed of dedication as provided by the city. All streets and rights-of-way
shown upon the final plat, together with all other public improvements and easements
shall be dedicated to the City of Cartersville either in fee simple or by perpetual
easement, as appropriate. The deed of dedication shall be recorded by the city in
the office of the Clerk of Superior Court of Bartow County, Georgia. The developer
shall pay all recording costs associated therewith. The developer shall also furnish
to the city an opinion by an attorney acceptable to the city that title records have
been examined and that marketable fee simple title was vested in the developer at
time of recording of the deed of dedication, if requested by the city. The city reserves
the right to refuse said dedication for reasons related to construction, maintenance
or title issues.
The deed of dedication shall obligate the developer, his/her successor and assigns
to maintain the streets and improvements for a period of twelve (12) months from the
date of written acceptance by the city and to correct or repair the same as required
in section 7.5-37 of this article. Said acceptance being the date of the deed of dedication is executed
by the city. Furthermore, the developer his/her successors and assigns, shall agree
to hold the city harmless and indemnify the city from liabilities arising from defects
in design, installation and/or maintenance during the twelve-month period.
In the event that any utility infrastructure is located in another city's, Bartow
County, or the State of Georgia's right-of-way a maintenance agreement on the form
provided by the city shall be required in lieu of a deed of dedication.
