HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE FRANK CHRISTIAN AND RICHMOND HILL ROAD SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (the "Agreement ") is made and entered into as
of the date the last party executes this Agreement, by and between (I) Frank Christian
(hereinafter "Claimant ") and (ii) Augusta, Georgia (hereinafter "ARC ") (Claimant and ARC are
collectively referred to herein as the "Parties ").
WHEREAS, a dispute has arisen between these Parties relating to allegations made by
Claimant regarding the inverse condemnation of real property identified in Exhibit "A "; and
WHEREAS, the Parties desire to avoid the risks and expenses attendant upon litigation of
these disputes and to settle, once and forever, all demands and claims that comprise, are
embraced within, are connected with, and are related to the subject real property; and
WHEREAS, Claimant agrees to release ARC, once and forever, or and from all demands
and claims, as set forth herein; and
WHEREAS, the Parties understand and agree that this settlement is a full and complete
compromise of certain claims as provided in this Agreement, and that any payment or release
given hereunder is not to be construed as an admission of liability or wrongdoing;
NOW THEREFORE, in consideration of the mutual promise and covenants contained
herein, the Parties agree as follows:
1. The Claimant shall sell and convey to ARC the real property described in Exhibit
"A ", including the land any and all fixtures, improvements, rights, privileges and easements
appertaining thereto.
2. ARC shall pay as consideration for the purchase price of the Property the sum of
$175,000.00 payable in full on the closing date. The Parties agree to close the sale of the
Property within thirty (30) days of execution of this Agreement.
3. The Claimant warrants that he presently has insurable, marketable, fee simple title
to the Property, and at the time the sale is consummated, Claimant agrees to convey to ARC by
limited warranty deed marketable fee simple title to the Property. Marketable fee simple title is
hereby defined as title which is insurable by a national title insurance company at its standard
rates on an ATLA Owner's Policy, without exception, other than the following "Permitted Title
Exception ": (a) zoning ordinances affecting the property; (b) general utility and road easements
visible or of record; ( c) protected covenants of record; (d) current governmental ad valorem
property taxes not yet due and payable.
4. ARC will move promptly and in good faith after acceptance of this Agreement to
examine the title and furnish to the Claimant, before the closing date, a written statement of
objections affecting the marketability of the title. The Claimant will have a reasonable time, not
to exceed thirty (30) days after receipt of such objections, to satisfy all valid objections, and, if
seller fails to satisfy such valid objections within said reasonable time, then, at the option of
ARC, this agreement shall be null and void. Marketable title shall mean title which a title
insurance company licensed to do business in the State of Georgia will insure at its regular rates,
subject to only standard exceptions.
5. The Claimant and ARC agree that each shall cooperate to execute such
documents that may be necessary to carry out the terms of the Agreement.
6. Claimant shall obtain an opinion regarding the market value of the Property from
a certified appraiser licensed to value property in the State of Georgia. In the event that the
Property appraisal provides a valuation of the Property greater than $175,000.00, ARC agrees to
draft and execute such documents as necessary to acknowledge the difference between the
appraised value of the property and $175,000.00 as a deductible contribution for purposes of the
Internal Revenue Code.
7. For and in consideration of the mutual covenants contained herein and other
valuable consideration, Claimant does and hereby remise, release, and forever discharge, and by
these presents do for themselves, and for their assigns, agents, representatives, attorneys, heirs,
executors, administrators, beneficiaries, and privies remise, release and forever discharges ARC
and all past, present, and future commissioners, employees, servants, attorneys, partners, privies,
representatives, assigns and agents of and from all manner of actions, causes of action, lawsuits,
claims, damages, debts, obligations, liabilities, promises, defenses, agreements, costs, expenses
(including attorney's fees), and demands of whatever kind or nature, whether known or
unknown, that Claimant has, had, or may hereinafter claim to have, in law or in equity, whether
based on statute, tort, contract, or other theory of recovery, as of the date of this Agreement,
including without limitation those which (I) comprise, arise from, are related to, are based upon,
or are connected with the above - listed civil action and adversary proceedings, and (ii) arise from,
are related to, are based upon, or are connected with the subject real property.
8. Both Parties represent and warrant that they are the owner of all claims settled
and transferred herein, that they have the authority to release all claims settled and transferred
herein, and that no Party has heretofore assigned to any other person or entity all or any portion
of any claim settled and released herein.
9. The Parties acknowledge and agree that this is a compromise settlement that is
not in any respect, nor for any purpose to be deemed or construed to be, an admission or
concession of any position or any liability or wrongdoing whatsoever on the part of any Party.
10. The Parties acknowledge and agree that no statements, promises, or
representations have been made by any Party to another or are relied on by any Party, other than
those specifically set out or identified in this Agreement. No conditions precedent to the
effectiveness of this Agreement exist other than those which may be expressly provided herein.
This Agreement contains the entire agreement between the Parties with regard to the matters set
forth herein. Any prior or contemporaneous written or oral agreements between or among the
Parties are merged in and superseded hereby. No amendment, modification or waiver of this
Agreement shall be valid unless in writing and signed by all of the Parties.
11. The Parties warrant and represent that this Agreement has been fully and carefully
read, that they know the contents and effect of this Agreement, that they have been represented,
advised, and assisted by counsel of their choosing in these matters and with respect to this
Agreement, and that the persons signing below have signed the same out of their own free will,
with full authority to do so, and after consultation with their counsel.
12. The Parties acknowledge and agree that this Agreement and its provisions shall be
construed according to their common or ordinary meaning and without interpretive favor or
prejudice to any Party.
13. The Parties acknowledge and agree that this Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same Agreement.
14. If any term or condition of this Agreement or the application thereof to any Party
or circumstance shall to any extent be declared invalid or unenforceable, neither the remainder of
this Agreement nor the application of such term or condition to any other Party or circumstance
shall be affected thereby, and each remaining term or condition of this Agreement shall be valid
and enforceable to the fullest extent permitted by law.
•
15. This Agreement, and its scope, meaning, interpretation, construction,
performance, and enforcement, shall be subject to and governed by the laws and decisions of the
State of Georgia.
16. The terms of this Agreement are contractual and not a mere recital.
17. The parties agreed that this Settlement Agreement is conditioned upon ratification
by the ARC Commission and approval by the Commission of a Resolution substantially in the
form of the Resolution drafted and attached hereto as Exhibit `B."
IN WITNESS WHEREOF, the Parties have executed this Agreement.
Frank • istian
Augusta, Georgia
Sworn to and subscribed
before me this IS{ day of O t V , 2010.
Q , . 1131i
JOA
Notary Public .n t . 4ssioN 4A F 01„ /
6 pTARy N
n ' jO UBO C) O By: David S. Copenhaver, Mayor
�'�i�� COUN 0 I0 /c /
•
EXHIBIT A
All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the
1680 D.G.M., Richmond County, Georgia, containing 14.20 acres, on the west side of that
public road in said county known as Peach Orchard Road, beginning at a point in the middle of
said road where said land joins the land, now or formerly, of Mrs. T. J. Rosier on the North; and
running thence in a westerly direction N 72° 50' W 1466 feet to an iron post where said land
corners with the land, now or formerly, of Creech; thence in a southerly direction S 21° 20' W
806 feet to an iron pipe, where the land, now and formerly of Creech and land, now or formerly,
of Nell Rosier Corners; running thence in an easterly direction S 71° 30' E 272 feet to a stake;
and thence in a northerly direction N 21° 20' E 474 feet to a stake; and thence in an easterly
direction S 72° 50' E 1226 feet to the center of said Peach Orchard Road; and thence in a
northerly direction along the center of said road N 15° 50' E 330 feet to the point of beginning;
and having such shapes, metes, and bounds as shown on a plant of said land drawn by J. T.
Wide, C.E. on November 27, 1942, as lot number 1 on said plat and recorded in the Office of the
Clerk of Superior Court of Richmond County, Georgia in Realty Book 14 -T, Pages 394 -395.
Said property is also known as 3421 Peach Orchard Road.
Less and Except all that lot, tract or parcel of land, with improvements thereon, situate, lying and
being in the State of Georgia, County of Richmond, being shown and designated as Tract "A ",
4.88 acres, on a boundary survey prepared for the Estate of Pauline M. Tiller by Besson & Gore
under dated of July 16, 1996, a copy of which is recorded in the Office of the Clerk of Superior
Court of Richmond County, Georgia in Realty Reel 531, pages 923 -928.
Excepted from the aforementioned conveyance are those strips of land conveyed to the State
Highway Department of Georgia by Deeds recorded in aforementioned Clerk's office in Realty
Book 11 -D, Page 526 and Realty Book 12 -C, Page 362.
Said conveyance made subject to all Easements and Restrictions of Record including but not
limited to those Easements in favor of F &D Properties, Inc.., their Successors and Assigns as
contained in that certain Deed from Grantor herein to F &D Properties, Inc., dated August 7,
1996 and recorded with the Clerk of Superior Court of Richmond County, Georgia at Realty
Reel 531, Pages 929 ETSEQ.
Being the same property conveyed by Harrell S. Tiller to Frank J. Christian and by James C.
Overstreet, his POA by Warranty Deed dated June 22, 2006 and recorded with the Clerk of
Superior Court of Richmond County in Deed Book 1062, Page 1361.
Map & Parcel # 133 -0- 001 -01 -0
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EXHIBIT "A"
ALL THAT LOT, TRACT OR PARCEL OF LAND, WITH IMPROVEMENTS
THEREON, SITUATE, LYING AND BEING IN THE 1680' D.G.M., RICHMOND
COUNTY, GEORGIA, CONTAINING 14.20 ACRES, ON THE WEST SIDE OF THAT
PUBLIC ROAD IN SAID COUNTY, KNOWN AS PEACH ORCHARD ROAD,
BEGINNING AT A POINT IN THE MIDDLE OF SAID ROAD WHERE SAID LAND
JOINS THE LAND, NOW OR FORMERLY, OF MRS. T. J. ROSIER ON THE
NORTH; AND RUNNING THENCE IN A WESTERLY DIRECTION N 72° 50' W
1466 FEET TO AN IRON POST WHERE SAID LAND CORNERS WITH THE LAND,
NOW AND FORMERLY, OF CREECH; THENCE IN A SOUTHERNLY DIRECTION
S 21° 20' W 806 FEET TO AN IRON PIPE, WHERE THE LAND, NOW AND
FORMERLY, OF CREECH AND LAND, NOW OR FORMERLY, OF NELL ROSIER
CORNERS; RUNNING THENCE IN AN EASTERLY DIRECTION S 71° 30' 272
FEET TO A STAKE; AND THENCE IN A NORTHERLY DIRECTION N 21° 20' E
474 FEET TO A STAKE; AND THENCE IN AN EASTERLY DIRECTION S 72 °50' E
1226 FEET TO THE CENTER OF SAID PEACH ORCHARD ROAD; AND THENCE
IN A NORTHERLY DIRECTION ALONG THE CENTER OF SAID ROAD N 15° 50 E
330 FEET TO THE POINT OF BEGINNING; AND HAVING SUCH SHAPES,
METES, AND BOUNDS AS SHOWN ON A PLAT OF SAID LAND DRAWN BY J.T.
WISE, C.E., ON November 27, 1942, AS LOT NUMBER 1 ON SAID PLAT AND
RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF
RICHMOND COUNTY, GEORGIA IN REALTY BOOK 14 -T PAGES 394 -395. SAID
PROPERTY IS ALSO KNOWN AS 3421 PEACH ORCHARD ROAD.
LESS AND EXCEPT ALL THAT LOT, TRACT OR PARCEL OF LAND, WITH
IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE STATE OF
GEORGIA, COUNTY OF RICHMOND, BEING SHOWN AND DESIGNATED AS
TRACT "A ", 4.88 ACRES, ON A BOUNDARY SURVEY PREPARED FOR THE
ESTATE OF PAULINE M. TILLER BY BESSON & GORE UNDER DATED OF July
18, 1996, A COPY OF WHICH IS RECORDED IN THE OFFICE OF THE CLERK OF
SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA, IN REALTY REEL 531,
PAGES 923 -928.
RESOLUTION
RESOLUTION AUTHORIZING THE SETTLEMENT OF A POTENTIAL
LITIGATION CLAIM FOR INVERSE CONDEMNATION OF PROPERTY TO
RESOLVE THE CLAIM OF FRANK CHRISTIAN RELATED TO PROPERTY KNOWN
AS 3421 PEACH ORCHARD ROAD AUGUSTA, GEORGIA FOR THE PAYMENT OF
$175,000.00.
WHEREAS, Frank Christian (hereinafter "Claimant ") has asserted a claim for
inverse condemnation for real property located at 3421 Peach Orchard Road in Augusta,
Georgia; and
WHEREAS, after investigation into the potential claims of the Claimant by the
Claimant and Augusta, Georgia (hereinafter "ARC "), both parties desire to resolve all pending
and potential claims related to said Property; and
WHEREAS, the Claimant has agreed to settle his claims against ARC by
accepting payment in the amount of $175,000.00 in exchange for his execution of a warranty
deed transferring title to the Property to ARC; and
WHEREAS, it is in the best interest of ARC to resolve this matter;
NOW THEREFORE BE IT RESOLVED by the Augusta - Richmond County
Commission,
1. The Claimant shall sell and convey to ARC the real property described in
Exhibit "A," including the land any and all fixtures, improvements, rights, privileges and
easements appertaining thereto.
2. ARC shall pay as consideration for the purchase price of the Property the
sum of $175,000.00 payable in full on the closing date.
3. To the extent that any section of the Augusta, Georgia Code is in conflict
with, that subsection is weighed for this instance only.
Y
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p y � , 2010.
Adopted day of �' /
Lam` tt 4 /
David S. Copenhaver, Mayor
Augusta, Georgia
Attest , 4
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Lena Bonne IC er. " Gti ; S •
Seal: /Q i r"' y 11 • .,
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CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
for-going Resolution was duly adopted by the Augusta- Richmond Commission on
A '/ , 2010 and that this Resolution has not been modified or rescended as of the
• at hereof and the undersigned further certifies that attached hereto is a true copy of the
Resolution which was approved and adopted in the foregoing meeting.
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