HomeMy WebLinkAboutB L DUGGAN SANDRA DUGGAN
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~ounty Attomf:ly's Office
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~ugusta, GA 30901
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STATE OF GEORGIA
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Book 01082:2138 Augusta - Richmond County
2006047292 10/11/2006 13:01 :00.00
$0.00 AGREEMENT
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2006047292 Augusta - Richmond County
COUNTY OF RICHMOND
SETTLEMENT AGREEMENT
AND GENERAL RELEASE
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This agreement made in duplicate this S,- day of October, 2006 between
Augusta, Georgia, a political subdivision of the State of Georgia (hereafter referred to as
"Augusta") and B. L. Duggan and Sandra Duggan (hereafter referred to as "the
Duggans"):
RECITALS
WHEREAS the Duggans are the owners of certain real property located at 1859
Gordon Highway, 1861 Gordon Highway and 1865 Gordon Highway, Augusta,
Richmond County, Georgia, also as known Tax Map 070-1, Parcel 37.1, Tax Map 070-1,
Parcel 38 and Tax Map 070-1, Parcel 39 and more fully described on a plat recorded in
the Office of the Clerk of Superior Court, Richmond County, Georgia, in Plat Cabinet B,
Slide 64, Plat H, to which reference is made (the "Plat") (hereafter the "Real Property");
and
WHEREAS, an action has been filed in the Superior Court of Richmond County,
Georgia styled B. L. Duggan and Sandra Duggan v. City of Augusta; Civil Action No.
2003-RCCV-1227, wherein, among various claims asserted against Augusta, the Duggans
asserted claims against Augusta, Georgia for an alleged unconstitutional taking of
property, Inverse Condemnation and Permanent Injunction; and
WHEREAS, within the above-referenced litigation Augusta denied liability and
asserted various affirmative defenses; and
WHEREAS, the parties desire to settle their differences by means of a settlement
wherein Augusta will purchase the right to continue to allow storm water to follow across
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Book 01082:2139 Augusta - Richmond County
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the Real 'Property, now and in the future, subject to the right of the Duggans, as well as
their heirs, successors and assigns, to pipe such storm water and direct it to the storm
water system now in use by Augusta, in consideration of the Duggans dismissing their
claims with prejudice; and
WHEREAS the parties do not intend to construe the fact of or terms of this
Settlement Agreement and General Release to be an admission of liability or wrongdoing
on the part of Augusta.
The parties agree as follows:
(1) That Augusta will pay the Duggans the sum total of Eighty Five Thousand
($85,000.00) Dollars in consideration of the Duggans, their heirs, successors
and assigns, granting a right and a license to Augusta to discharge storm water
from the street system of Augusta over and across the Real Property subject
to Duggans' right to modify or eliminate the storm water discharge as stated
in this Agreement. Provided, however, the Duggans may not terminate the
right and/or license until the Duggans modify or eliminate the storm water
discharge as provided in Paragraph 2 herein.
(2) The Duggans, their heirs, successors and assigns, shall have the right, but not
obligation, at their cost and expense, to collect and otherwise pipe or direct
such storm water to the Weir Trap on the West side of Milo Street as shown
on the Plat thereby introducing the storm water to the storm water system
maintained by Augusta. Such pipes as may be necessary to collect and
control the flow of storm water may be installed by the Duggans, or their
successors, at their expense, within the rights-of-way of Paris Street and Milo
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Book 01082:2140 Augusta - Richmond County
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Street, subject to plans and specifications as approved by Augusta, to connect
to the Weir Trap shown on the Plat. The collecting, piping and diverting of
storm water shall be done consistent with Augusta's technical manual and any
other applicable rules and regulations (including but not limited to the proper
sizing of pipes) of Augusta and pursuant to and consistent with plans and
specifications approved by Augusta. In the event Augusta desires to divert
such storm water to another collection point other than the aforementioned
Weir Trap, then Augusta shall pay the cost of designing and constructing such
storm water lines from the Weir Trap. In the event that the Duggans desire to
dedicate such lines to Augusta and Augusta is willing to accept such lines,
then the Duggans shall grant such utility and ingress/egress easements as
Augusta may reasonably require.
(3) Augusta shall not be liable or responsible for any washing, erosion, silt build
up, debris or other damage that may result from the flow of storm water over
and across the Real Property. The Duggans shall not be liable to Augusta for
the condition of the Real Property until the Real Property is developed by the
Duggans or their successor.
(4) The Duggans, their heirs and assigns, shall have the right but not obligation,
to remove, at their expense, the corrugated pipe belonging to Augusta which
is located on the Real Property. Augusta acknowledges that it does not have
an easement over the Real Property for the discharge of storm water but shall
have a license as provided herein.
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Book 01082:2141 Augusta - Richmond County
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(5) The buggans certify that they have the capacity and authority to execute and
deliver this Agreement, to bind their heirs, successors and assigns, to perform
hereunder, and to consummate the transaction contemplated hereby without
the necessity of any act or consent of any other person, entity or governmental
authority. This Agreement and each and every agreement, document and
instrument to be executed, delivered and performed by the Duggans in
connection herewith constitute or will, when executed and delivered,
constitute the valid and legally binding obligation of the Duggans and
enforceable against them, their heirs, successors, assigns, in accordance with
the respective terms hereof.
(6) Augusta agrees to cooperate with the Duggans or their successors in title to
approve a site plan and issue permits necessary to enable the Duggans or their
successors to construct the storm water pipes and appurtenant facilities
necessary to control and divert the storm water from the Real Property to the
Weir Trap shown on the Plat. If Augusta elects to divert the storm water to a
collection point other than the Weir Trap, Augusta shall pay the cost of
designing and constructing such storm water lines from the Weir Trap.
(7) That the Duggans shall immediately file with the Clerk of the Superior Court
of Richmond County a Dismissal With Prejudice as to Defendant Augusta in
that legal action styled B. L. Duggan and Sandra Duggan v. City of Augusta;
Civil Action No. 2003-RCCV-1227;
(8) That the Duggans and Augusta shall remise, release, and forever discharge
(and for their successors, assigns, heirs, executors, administrators, agents and
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Book 01082:2142 Augusta - Richmond County
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representatives shall remise, release and forever discharge) each other of and
from all Claims, which is defined as and shall include, without limitation (a)
all claims, demands, rights and causes of action of whatsoever kind and nature
(including but not limited to claims and causes of action for negligence,
negligent inspection or report, breach of contract, breach of warranty, fraud,
fraudulent misrepresentation and concealment, unfair or deceptive business
practices, property damages, repairs, attorney fees, punitive damages,
enhanced damages or any other type of damages) arising from that
incident(s)/occurrence and those specific causes of action set forth in the
above-referenced civil action (b) all claims which were, or could have been or
should have been asserted in that action styled B. L. Duggan and Sandra
Duggan v. City of Augusta; Civil Action No. 2003-RCCV-1227.
(9) That the Duggans acknowledge that the consideration described above is paid
in order to settle a disputed claim and does not constitute an admission of
liability by Augusta. By making this settlement and taking this Release,
Augusta merely intends to avoid further litigation. This Agreement in no way
prejudices the rights of Augusta to deny liability as to any issue, allegation or
matter in this or any later suit or other proceeding.
(10) Both parties agree that this Agreement may be recorded in the real estate
records of the Clerk of the Superior Court of Richmond County, Georgia.
(11) Both parties acknowledge this Settlement Agreement and General Release
IS the entire agreement of the parties and that any prior oral or written
agreements are merged into this document.
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Book 01082:2143 Augusta - Richmond County
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(12) 'Both the Duggans and Augusta acknowledge that they, their legal counsel
acting on their behalf, or some other person( s) authorized to act on their
behalf, have read this entire Settlement Agreement and General Release and
that the terms are acceptable to them. All parties represent that they have
retained separate legal counsel to represent them and advise them as to the
terms of this Agreement, and that such counsel was available for consultation
concerning this Agreement.
(13) This agreement is made and shall be construed under the laws of the State
of Georgia.
(14) Any dispute concernmg the interpretation or enforcement of this
Settlement Agreement and General Release shall be resolved in the Superior
Court of Richmond County, Georgia, the jurisdiction and venue of which is
consented to by all parties.
(15) This Agreement shall be binding on the Duggans, their heirs, assigns,
successors and any all future purchasers of the Real Property.
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Notary Public, State of Georgia
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Book 01082:2144 Augusta - Richmond County
2006047292 10/11/2006 13:01 :00,00
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Sandra Duggan ~
[END OF SETTLEMENT AGREEMENT AND GENERAL RELEASE]
Filed in this office:
Augusta - Richmond County
10/11/200613:01 :OO.~O
Elaine C. Johnson
Clerk of Superior Court