HomeMy WebLinkAboutRalph Lee Bietz and Debra Reid Bietz
Augusta Richmond GA
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DOCUMENT TYPE: . 0- 0 rUIYcU1;4-
YEAR:
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BOX NUMBER:
FILE NUMBER:
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NUMBER OF PAGES: lP
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SETTLEMENT AGREEMENT AND RELEASE
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THIS AGREEMENT, made and entered into this 17
1996; by and between RICHMOND
day of
COUNTY,
GEORGIA,
a political subdivision of the State of Georgia
(hereinafter referred to as the "County") and RALPH LEE R. BIETZ,
A/K/A RALPH LEE BIETZ and DEBRA D. BIETZ, A/K/A DEBRA REID BIETZ
(hereinafter collectively referred to as the "Owners");
WIT N E SSE T H:
WHEREAS, Owners are the owners of certain real property
which is located in Richmond County under the present numbering
system of streets as 559 White Owl Forest Drive and 604 White Owl
Forest Drive (the "Property"); and
WHEREAS, the County acquired certain easement rights in
and to the Property owned by the Owners on or about July 6, 1992 in
connection with the White Owl Forest Drainage Improvement Project
(the Project") for the sum of $5,650.00; and
WHEREAS, the County has undertaken to construct and
maintain certain flood control measures over the Property in
connection with the Project; and
WHEREAS, Owners have asserted certain claims against the
County including but not limited to inverse condemnation and public
nuisance arising from the Project; and
WHEREAS, a dispute exists between the parties hereto as
to their respective rights and liabilities in regard to the claims
of the Owners against the County; and
WHEREAS, the parties hereto desire to effect a just and
amicable settlement of such dispute and to compromise and settle
all the claims of Owners which have been made or which could be
made now or in the future arising from the work undertaken by the
County on the Project.
NOW, THEREFORE, the parties hereto do agree as follows:
(1) Owners agree to accept the sum of Seven Thousand
Four Hundred and NO/100 ($7,400.00) Dollars in consideration of the
full and final settlement of their claims against Richmond County,
Georgia. Owners hereby acknowledge receipt and sufficiency of
said sum and do, for themselves, and any other person or entity
claiming through them, their heirs, executors, administrators,
successors and assigns, hereby release and discharge the County,
the Augusta-Richmond County Commission-Council, individually and in
their official capacity, and any and all other agents,
representatives, or employees of the County, or any other person,
firm or corporation charged or chargeable with responsibility or
liability, from any and all claims, actions, causes of action,
demands, rights, damages, costs, loss of service, expenses and
compensation whatsoever, which the Owners or any other person
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claiming through Owners, now have or which may hereafter accrue on
account of or in any way growing out of any and all known and
unknown, foreseen and unforeseen bodily and personal injuries and
property damages and the consequences thereof, resulting or to
result from any act or occurrence or omission to act, on account of
any of the work on or near Owners' real property identified above
in connection with the Project, including any physical or mental
injury or suffering, known or unknown, or which in the future may
develop, from owning or living on property affected by the Project.
(2) Owners agree to execute and deliver the appropriate
warranty deed to be prepared by the County conveying their real
property located at 559 White Owl Forest Drive and 604 White Owl
Forest Drive, and the County shall have the right to deduct from
said sum in paragraph (1) above the balance due by Owners on any
note secured by a security deed or other security instrument on
Owners' property and any other lien against said property. The
amount deducted by the County for the satisfaction of any note or
other lien on the property shall be paid by the County to the
holder of the note or lienholder and satisfaction of same shall be
obtained by the County and recorded in the office of the Clerk of
the Superior Court of Richmond County.
(3) The County shall abate any and all property ad
valorem taxes on Owners' property identified above for tax year
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;
. .
1995. All outstanding taxes for prlor years shall be satisfied
from the consideration being paid pursuant to this settlement
agreement.
(4) This agreement constitutes a complete accord and
satisfaction of a disputed claim, including the claims which have
been asserted by Owners or could have been asserted by Owners in
connection with the easements acquired for the Project, including
any claims which may in the future arise as a result of the
construction and maintenance on the Project near the property of
Owners. This agreement puts to a final and complete rest any and
all potential litigation by and between the parties hereto. The
parties covenant and agree that the parties hereby released admit
no liability of any sort by reason of any act or omission by any of
the parties, and the execution of this release is a compromise to
terminate future controversy respecting any claims between and
among the parties hereto.
(5) All parties hereto acknowledge receipt of a copy of
this release, acknowledge that they have read and understood all of
the terms herein and are voluntarily signing it.
IN WITNESS WHEREOF, Owners have hereunto set their hands
and affixed their seals, and Richmond County, Georgia has caused
these presents to be duly executed by its authorized officers,
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acting by and through the Augusta-Richmond County Commission-
Council, this ~ day of
f~ . , 1996.
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J t'! CJ<. r
. 1 (L. S.)
Ralph Lee R. Bietz, a/k/a
Ralph Lee Beitz
1(~Af / 6~ (L.S.)
Debra D. Bietz, a/k/a
Debra Reid Bietz
AUGUSTA-RICHMOND COUNTY
COMMISSIO.N-COUNCIL (L.S.)
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_.
REC'" .....,. .
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LARRY E. SCONYERS
Chairman
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;:
MAR f'l G pes
(AlJGUSTA-RICHM~liii CDUKjy COIdMISSIOfQ .
FREDDIE L. HANDY
Vice-Chairman
RICHMOND COUf~1Y
BOARD OF COMMISSIONERS OFFICE
BOARD OF COMMHSSHONERS
HENRY H. BRIGHAM
JERRY BRIGHAM
Wm. "WILLIE" H. MAYS. 111
LEE NEEL. III
J. B. POWELL
MOSES TODD
ROOM 605 -CITY.COUNTY MUNICIPAl BLDG. (11)
AUGUSTA, GEORGIA 30911
LINDA W. BEAZLEY
County Administrator
Bus. (706) 821-2488
Fax No. (706) 722-5984
WALTER S. HORNSBY. III
Ass!. County Administrator
JAMES B. WALL
Coun;y Altomey
Reply To:
P. O. BOX 2125
Augusta, GA 30903
February 29, 1996
Mrs. Linda W. Beazley,
Administrator of Suburban Services
Municipal Building (11)
Augusta, Georgia 30911
Dear Linda:
Please place on the agenda of the next Engineering
Services Committee meeting to consider approval of settlement
agreement and release of Richmond County with Ralph Bietz and Debra
Bietz pertaining to White Owl Forest Drainage Improvement Project.
With kind regards, I am
HDR:hbs
Enclosure