HomeMy WebLinkAboutContract for Sale of Real Property
Augusta Richmond GA
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FILE NUMBER:
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Return to:
Harry D. Revell
454 Greene Street
Augusta, GA 30901
(706) 722-0;768
CONTRACT FOR SALE OF REAL PROPERTY
Augusta- Richmond County, Georgia
Voluntary Acquisition Program
Contract For Sale of Real Property
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THIS AGREEMENT made and entered into the 2-J day of Dee lber, 2tm3, by and
between Charles H. Nutt, herein designated as "Seller," and Augusta, Georgia
(a/k/a Augusta-Richmond County),
WITNESSETH:
WHEREAS, the Seller is the owner of certain real property being described as follows:
All that certain lot or parcel of land. together with improvements thereon.
situate. lying and being in the State of Georgia. County of Richmond.
known and designated as the Southern portion of Lot NO.4. Tract NO.7 on
a plat of Hollywood Subdivision recorded in the office of the Clerk of
Superior Court of said Richmond County. in Realty Book No. 16 N's. as
page No. 216. Said lot measures 1Q6.~ feet on Farris Street. 116.4 feet on
Rozella Street. its Western boundary line. 1~O feet on its Northern line and
is bounded North by the remaining portion of said Lot NO.4: East by said
Farris Street: South by Rozella Street. and West by said Rozella Street.
AND WHEREAS, Augusta, Georgia, a local government of the State of Georgia
(hereinafter referred to as the "Subgrantee"), acting pursuant to its legal authority in
administering its GEMA Hazard Mitigation Grant Program project, wishes to purchase
the above described real property (hereinafter referred to as "Property").
NOW THEREFORE, for and in consideration of the covenants and obligations
contained herein, the parties agree as follows:
1.
AGREEMENT TO SELL. The Seller agrees to sell the Property to the Subgrantee,
together with all the Seller's right, title, and interest in all Fixtures, Buildings, and
Improvements located on the above-described real property, and under any easement
and servitude for the benefit of the Seller, free and clear of all liens, encumbrances,
reservations, exceptions, and modifications.
2.
PURCHASE PRICE: The Subgrantee agrees to purchase all the Seller's right, title, and
interest in the Property for the sum of $!).4!)7.00, payable on the Closing Date, which
sum shall be reduced by any amounts paid by the Subgrantee on behalf of the Seller for
the purposes set forth in paragraph loA, and shall be reduced by any amounts for
required FEMA deductions as set forth in paragraph lOB. The Seller shall receive no
other compensation from the Subgrantee for all of Seller's right, title, and interest in the
Property.
3.
TITLE: The Subgrantee shall cause to be prepared, at it's expense, an Opinion of Title
for the Property, continued to a date subsequent to the date of this Contract. The
Opinion of Title shall show merchantable title in Seller, subject only to Permitted
Exceptions in Paragraph 5. In the event that title curative work is necessary, such work
shall be performed by the Subgrantee's title examiner, or an attorney of the Subgrantee's
choosing. The Seller shall pay all costs required to perfect its title to the Property prior
to Closing, or costs of title curative work shall be deducted from the Purchase Price of
the Property at Closing.
4.
DEED: Within one hundred and twenty (120) days from the date of this Contract, or
other date as shall be mutually agreed upon by Seller and Subgrantee, (hereinafter
referred to as the "Closing Date") the Seller shall have completed its obligations under
Paragraph 8, and the Seller shall execute to the Subgrantee a General Warranty Deed for
Property, in recordable form, conveying fee simple title to the Property to the
Subgrantee, subject only to Permitted Exceptions in Paragraph 5. The Seller shall
further deliver to the Subgrantee a bill of sale for any personal property included in the
sale.
5.
PERMITIED EXCEPTIONS: The Seller agrees to convey good, clear, and marketable
title to the Property, subject only to the following "Permitted Exceptions":
1. Zoning and building laws and ordinances;
2. Subject to prior approval of governing body, covenants, restrictions,
reservations, and easements of record.
6.
FIXTURES AND PERSONAL PROPERTI: For the purposes of this document, Fixtures
include all personal property that integrally belongs to or is part of the above-described
real estate, whether attached or detached, such as light fixtures (including fluorescent
tubes), shades, rods, blinds, Venetian blinds, awnings, storm windows, storm doors,
storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water
softeners, automatic heating equipment, air conditioning or other equipment other than
window type, door chimes, built-in items and electrical service cable, fencing, gates and
other attached fixtures, trees, bushes, shrubs, and plants.
7.
POSSESSION: On and after the Closing Date, the Subgrantee shall be entitled to
immediate possession of the Property and to receipt of all rents and profits from the
Property due thereafter.
8.
INSPECTION OF THE PROPERTI: The Subgrantee, at its expense, shall have the right
to conduct such investigations, inspections, and inventories of the Property at
reasonable times upon reasonable notice, oral or written, from time to time after the
date of the making of this Contract for the purposes of investigating, inspecting, and
performing inventories of the Property and for other purposes consistent with the
Subgrantee's interest under this Contract.
REMOVAL OF PERSONAL PROPERTI AND DEBRIS: Prior to the Closing Date, Seller
at its own expense shall remove all personal property, equipment and debris from the
Property, including but not limited to vehicles, vehicle parts, appliances, storage
containers, household cleaners and solvents, construction materials, firewood, etc. In
the event Seller fails to remove any such personal property, equipment, and debris prior
to the Closing Date, the Subgrantee may use a portion of the Purchase Price to satisfy
Seller' obligations under this paragraph.
9.
NO HOLDOVER PERIOD FOR OCCUPANTS: Seller shall ensure that it and all other
current occupants vacate the Property prior to the Closing Date.
10.
APPLICATION OF PURCHASE PRICE, DEDUCTIONS, FOR FLOOD ASSISTANCE
RECEIVED.
A. Prior to disbursing payment to the Seller, the Subgrantee may use a portion of
the Purchase Price to satisfy the Seller's obligations under this document to remove
personal property and debris and to pay taxes, assessments, liens, acquisition of other
parties' outstanding interests in the Property, abstracting, recording fees and other costs
incidental to the conveyance by Seller of marketable title to the Subgrantee.
B. Seller acknowledges that this voluntary acquisition is made pursuant of a
program funded by the Federal Emergency Management Agency (FEMA). In order to
prevent the duplication of Federal assistance made to flood disaster victims, FEMA
requires that certain types of assistance received by Seller for flood-related damage be
deducted from the Purchase Price. Pursuant to the FEMA requirements, the following
shall be deducted from the Purchase Price:
· an amount equal to all FEMA Emergency Minimal Repair (EMR) assistance received
after June 20, 2000;
· an amount equal to all FEMA Individual and Family Grant Program assistance
received after June 20, 2000 for the purpose of making repairs to the Property;
· an amount equal to all flood insurance proceeds received by the Seller June 20,
2000.
In addition, pursuant to FEMA requirements, the following shall be deducted from
Seller's net proceeds in the Purchase Price (after deductions are made as set forth above
for EMR and IFG program assistance and flood insurance proceeds received by the
Seller, and after payments are made by Seller for satisfaction of all liens, encumbrances,
taxes, assessments, and other costs incidental to the conveyance):
· an amount equal to the outstanding balance on all Small Business Administration
(SBA) real estate repair and replacement disaster loans received by the Seller after
June 20, 2000.
Prior to the Closing date, Seller shall provide all information requested by the
Subgrantee relating to FEMA, flood insurance, and SBA assistance received by the Seller
for flood-related damage. At Closing, the Subgrantee shall prepare and deliver to Seller,
a document setting forth the deductions from the Purchase Price required by FEMA.
11.
REPLACEMENT HOUSING: The Seller acknowledges that all proceeds from this sale
shall be used expressly for the purchase of Replacement Housing, and that Seller is
required to relocate outside of the National Flood Insurance Program (NFIP) 100 year
flood plain boundaries.
12.
INSURANCE: Seller agrees to maintain and keep in force and effect all existing property
and liability insurance until the Closing Date.
13.
MAINTENANCE OF THE PROPERlY: The Seller agrees that the Property shall be
preserved in its present condition, and Seller shall deliver it intact at the time possession
to the Subgrantee is given. All risk of loss or damage to the Property is on Seller until
the Subgrantee takes possession. Prior to possession by the Subgrantee, Seller agrees to
promptly give written notice to the Subgrantee of any loss or damage to the Property. In
the event of loss, damage or destruction of all or part of the Property, the Subgrantee
shall have the option to terminate this Agreement effective immediately. However, in
the case of loss, damage or destruction of all or part of the property from causes covered
by insurance, the Subgrantee shall have the option to either (1) take possession of the
Property and accept an assignment of all Seller's right, title and interest in and to any
claims Seller has under the insurance policies covering the Property: or (2) terminate
this Agreement.
14.
UTILITIES: The Seller shall be responsible for payment of all utility expenses incurred
by it or incurred by any other occupants prior to the Closing Date.
15.
TAXES: Seller shall pay a pro-rata share of taxes on the Property (real and personal) for
the year of Closing, and all unpaid taxes for prior years. To determine the pro-rata share
of taxes for the current year, payable in the next year, the following procedure shall be
used:
A. The annual tax payment shown on the most recent tax figure for the Property
shall be divided by 12 to determine the amount of tax owed for each month.
B. The total number of months in the current year shall be determined and
multiplied by the monthly amount of tax owed. That figure shall be the portion of taxes
to be paid by the Seller on the pro-rata basis.
C. When the Closing Date is on or before the 15th of a month, no taxes will be
due for that month. When the Closing Date is after the 15th of the month, a full month's
taxes shall be due for that month and shall be added to the Seller's pro-rata share.
16.
TIME IS OF THE ESSENCE: Time is of the essence in this agreement.
17.
LEASES: Seller represents and warrants to the Subgrantee that there are no leases,
tenancies, or other rights of occupancy for use of any portion of the Property. The
foregoing representation and warranty shall survive Closing Date. Seller shall hold
harmless and indemnify the Subgrantee from and against any claims which may arise or
be based upon any alleged leasehold interest, tenancy or other right of occupancy or use
for any portion of the Property.
18.
APPROVAL OF COURT: If the Property is an asset of any estate, trust or guardianship,
this document shall be subject to Court approval prior to payment of Purchase Price,
unless declared unnecessary by the Subgrantee. If Court approval is necessary, the
appropriate fiduciary shall proceed promptly and diligently to bring the matter to
hearing for issuance of a deed.
19.
ENVIRONMENTAL ASSURANCES:
A. Environmental Representations and Warranties: For the purposes of this
Contract, the terms "hazardous substance" shall include every material, waste,
contaminant, chemical, toxic pollutant or other substance listed or described in any of
the following sources, as amended: (I) the Resource Conservation and Recovery Act of
1976 (RCRA); the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA) as amended by the Superfund Amendments and
Reauthorization Act of 1986 (SARA); (iii) any other federal, state, or local statute or
ordinance which defines "hazardous waste" or "hazardous substance", or similar terms,
and which could create liability in the Subgrantee; and (iv) any federal, state, or local
regulations, rules or orders issued or promulgated under or pursuant to any of the
foregoing or otherwise by any department, agency or other administrative, regulatory or
judicial body having Subgrantee over the Property. Without limiting the foregoing, the
terms "hazardous waste" and "hazardous substance" shall also include all substances or
materials containing asbestos, PCBs, or hydrocarbons.
The Seller hereby represents and warrants to the Subgrantee that:
(1) There are no abandoned wells, agricultural drainage wells, solid waste
disposal sites, or underground storage tanks located in, on, or about the Property;
(2) There is not currently and has never been any hazardous waste stored"
generated, treated, transported, installed, dumped, handled, or placed in, on, or about
the Property;
(3) At no time have any Federal or State hazardous waste cleanup funds been
expended with respect to any of the Property;
(4) There has never been any solid waste disposal site or underground storage
tank located in, on, or about the Property, nor has there been any release from any
underground storage tank on real property contiguous to the Property which has
resulted in any hazardous substance coming in contact with the Property;
(5) The Seller has not received any directive, citation, notice, letter, or other
communication, whether written or oral, from the Environmental Protection Agency,
the Georgia Department of Natural Resources, any other governmental agency with
authority under any environmental laws of the federal, state, or local government, or
any other person or entity regarding the release, disposal, discharge, or presence of any
hazardous waste on the Property, or any violation of any such environmental laws;
(6) To the best of Seller's knowledge and good faith inquiry, neither the Property,
nor any real property contiguous to the Property, nor any predecessors in title to the
Property, are in violation of or subject to any existing, pending or threatened
investigation or inquiry by any governmental authority or to any removal or remedial
obligations under any environmental laws of the federal, state, or local government.
The foregoing representations and warranties, and the Environmental Indemnification
set forth in the following subparagraph B shall survive the Closing Date. In addition,
any study, investigation or inspection of the Property shall not affect the foregoing
representations and warranties and the indemnification provisions in this Contract by
the Subgrantee, or any agent of the Subgrantee.
B. Environmental Indemnification: The Seller agrees to indemnify and hold
harmless the Subgrantee from and against any and all claims, demands, fines, penalties,
causes of action, losses, damages, liabilities, expenses, and costs (including court costs
and reasonable attorney's fees -- which may include the value of services provided by the
Subgrantee's attorney incurred by the Subgrantee to enforce this provision) asserted
against or incurred by the Subgrantee by reason of or arising out of the breach of any
representation or warranty of the Seller set forth above.
C. Additional Environmental Provisions: The Seller shall not store, generate,
treat, transport, install, dump, handle, or place in, on, or about any portion of the
Property any hazardous waste or hazardous substance. If the Seller receives any notice
from any governmental authority or any other party regarding the release or presence of
any hazardous waste or hazardous substance on any portion of the Property, the Seller
shall immediately notify the Subgrantee of such fact. In addition, the Subgrantee or its
agents shall have the right to enter upon the Property at any time to perform additional .
environmental studies. If at any time the Subgrantee in its sole and unreviewable
discretion determines that hazardous wastes or hazardous substances are present on
any portion of the Property, the Subgrantee may terminate this Contract immediately.
20.
CONTRACT BINDING ON SUCCESSORS IN INTEREST: This document shall apply to
and bind the heirs, executors, administrators, partners, assigns, and successors in
interest of the respective parties.
21.
PARAGRAPH HEADINGS: The paragraph headings contained herein are for
convenience in reference and are not intended to define or limit the scope of any
provision of this document.
22.
NO BROKERS: Each party hereto represents that no real estate broker commission
shall be due on the conveyance of the Property in this Contract.
23.
VOLUNTARY TRANSACTION: The Seller, as owner of the Property acknowledges that
the Subgrantee has entered this Contract for purchase of the Property pursuant to the
Subgrantee's Voluntary Acquisition Program, and that the Seller's acceptance of the
terms of this Contract is voluntary. Seller is under no duress or coercive action by the
Subgrantee to accept the terms of this Contract, and the Subgrantee will not pursue
acquisition of the Property by eminent domain or other means if the Seller declines to
sell the Property under the Voluntary Acquisition Program. Seller further acknowledges
that upon the Closing Date, it will be necessary to move permanently from the Property.
24.
COUNCIL/COMMISSION APPROVAL: This Contract is subject to approval of the
Subgrantee governing body, and shall become binding and enforceable against the
Subgrantee only after approval by the Subgrantee's governing body.
25.
EXHIBITS: Exhibit "I" (Bill of Sale); Exhibit "2" (Subgrantee's Right to enter and
inspect and notice of intent to take soil boring and ground water sample); Exhibit "3"
(Certificate of Removal of Personal Property and Debris); Exhibit "4" (Disclosure and
certification of flood assistance); Exhibit "5" (Certification to use Funds for Replacement
Housing); Exhibit "6" (Property Inventory).
26.
SEVERABILITY: Any part or provision of this Contract held invalid will be severed from
the Contract, without affecting the validity of any other provisions or the entire
Contract.
IN WITNESS WHEREOF, this the _ day of December, 2003, the parties hereto agree
to the terms contained herein.
SELLER:
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Exhibit "2"
SUBGRANTEE'S RIGHT TO ENTER AND INSPECf AND NOTICE OF
INTENT TO
TAKE SOIL BORING AND GROUND WATER SAMPLES
The undersigned owners of the following described property commonly known as lQS2 Rozella
Road. Augusta. Georgia, and legally described as:
All that certain lot or parcel of land. together with improvements thereon.
situate. lying and being in the State of Georgia. County of Richmond.
known and designated as the Southern portion of Lot NO.4. Tract NO.7 on
a plat of Hollywood Subdivision recorded in the office of the Clerk of
Superior Court of said Richmond County. in Realty Book No. 16 N's. as
page No. 216. Said lot measures lQ6.s feet on Farris Street. 116.4 feet on
Rozella Street. its Western boundary line. ISO feet on its Northern line and
is bounded North by the remaining portion of said Lot NO.4: East by said
Farris Street: South by Rozella Street. and West by said Rozella Street.
Hereby grant to Augusta, Georgia (a/k/a Augusta-Richmond County), the right to enter upon
and conduct such investigations, inspections, and inventories of the property, as it deems
reasonable or necessary prior to closing. The right to enter shall include a temporary easement
to allow Augusta, Georgia, its agents, contractors, or employees a right to enter in, upon, and
onto the above described property for the purpose of hauling transporting, and storage of
materials and equipment used for the purpose of soil boring or taking ground water samples.
It is understood and agreed that Augusta. Georgia will remove all of said materials and
equipment except marks and location stakes from the premises within 10 days after the above
described investigations, inspections, and inventories have been completed.
It is understood and agreed that Augusta. Georgia will restore the test sample areas to original
condition where reasonably possible.
It is understood and agreed that Augusta. Georgia will report the test results of the soil and
ground water samples to the Federal Emergency Management Agency and the Georgia
Department of Natural Resources.
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This the ~ day of D(xt:u I, :.mu~.
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Charles H. Nutt v ~r~ "'ZOo'-(
ess my hand and cial seal this ~ day oi..fk Ibt:l, ~uu3.
Exhibit "1"
BILL OF SALE
I, Charles H. Nutt, the hereinafter "Seller," for good and valuable consideration, receipt
of which is hereby acknowledged, does hereby sell, convey, assign, transfer and release
to Augusta. Georgia (a/k/a Augusta-Richmond County), all the Seller's right, title, and
interest in all Fixtures, improvements, and personal property located on the Property at
lQ~2 Rozella Road. Augusta. Georgia and legally described as:
All that certain lot or parcel of land. together with improvements thereon.
situate. lying and being in the State of Georgia. County of Richmond.
known and designated as the Southern portion of Lot NO.4. Tract NO.7 on
a plat of Hollywood Subdivision recorded in the office of the Clerk of
Superior Court of said Richmond County. in Realty Book No. 16 N's. as
page No. 216. Said lot measures lQ6.Fi feet on Farris Street. 116.4 feet on
Rozella Street. its Western boundary line. 1~0 feet on its Northern line and
is bounded North by the remaining portion of said Lot No.4: East by said
Farris Street: South by Rozella Street. and West by said Rozella Street.
Free and clear of all liens, encumbrances, reservations, exceptions, and modifications.
For the purposes of this document, said Fixtures, improvements, and personal property
include all property that integrally belongs to or is part of the above-described real-
estate, whether attached or detached, such as light fixtures (including fluorescent
tubes), shades, rods, blinds, Venetian blinds, awnings, storm windows, storm doors,
storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water
softeners, automatic heating equipment, air conditioning or other equipment other than
window type, door chimes, built-in items and electrical service cable, fencing, gates and
other attached fixtures, trees, bushes, shrubs, and plants.
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This the ~ day of Dc , 2tKJ3:
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Charles H. Nutt
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Witness my hand and official seal this ~ day of Dceem , 2.Q.03..
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My commission expires on: .I' ~.... .......~.f.
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Exhibit "3"
CERTIFICATE OF REMOVAL OF PERSONAL PROPERTY AND DEBRIS
I, Charles H. Nutt, owner of the Property commonly referred to as 19.1)2 Rozella Road.
Augusta. Georgia. hereby state that we have removed all personal property, equipment,
and debris, including but not limited to, vehicles, vehicle parts, appliances, storage
containers, household cleaners and solvents, construction materials, firewood, etc. from
the Property site. I further declare that all personal property remaining on the premises
is hereby abandoned and we relinquish any further claim thereto.
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This the .;l~ day of Decgm , 2003.
C-~ ~ rt::O
Charles H. Nutt
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Witness my hand and official seal thig;2.~ day of Qcee er, 2003.
County, GA
My commission expires on:
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Exhibit" 4"
DISCWSURE AND CERTIFICATION OF FLOOD ASSISTANCE
I, Charles H. Nutt, is a voluntary participant in the County of Augusta-Richmond
Voluntary Acquisition Program.
I understand that pursuant to the requirements of the Federal Emergency Management
Agency (FEMA), the Augusta-Richmond County Emergency Management Agency (ARC
EMA) is required to deduct certain types of assistance which we have received for flood-
related damage from the purchase price of our property.
I hereby certify that the following is a true and complete disclosure of flood-related
assistance we received in the following categories:
1.
FEMA Individual ~d Family Grant Program assistance for repairs to the
Property: $ U
2.
All flood insurance proceeds received after June 20, 2000: $
o
3.
FEMA Minimal Repairs Assistance: $
e)
4. Outstanding balance on any Small Business Administration (SBA) real estate
repair and replacement disaster loans received after June 20,2000: $ CJ
I authorize the ARC EMA to verify the above Duplication of Benefits information with
FEMAand the SBA.
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This the -.2.C....day of Dece.:ub~l, 2003.
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Charles H. Nutt
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Witness my hand and official seal this ~ day of DeGe~l, 2003'.
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Exhibit "5"
CERTIFICATION TO USE FUNDS FOR REPlACEMENT HOUSING
I, Charles H. Nutt is voluntarily participating in the County of Augusta-Richmond
Voluntary Acquisition Program. I understand and agree that Augusta. Georgia's funds
designated for the purchase of our Property under this program must be used expressly
for the purpose of replacement housing.
I hereby represent and warrant that the funds provided to us by Augusta. Georgia for the
acquisition of our property will be used expressly for the purpose of replacement
housing.
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This the~ aay of Decell 1,2003.
C~f-l.f\~
Charles H. Nutt
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fficial seal this )"0) day of Deeenlbt:~, 2003.
My commission expires on:
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Exhibit "6"
PROPERTY INVENTORY
I, Charles H. Nutt, is voluntarily participating in the County of Augusta-Richmond
Voluntary Acquisition Program.
I understand that prior to Closing, Augusta. Georgia must conduct a property inventory
for our Property commonly known as lQ~2 Rozella Road. Augusta. Georgia for the
purpose of inspecting the real property which Augusta. Georgia will acquire, the
personal property which we must remove prior to Closing, and any hazardous materials
which we must remove from the property prior to Closing.
I agree to be present with a representative, employee, or agent of Augusta. Georgia for
inspection and inventory of the property at a time to be scheduled within a reasonable
time prior to the Closing Date.
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This the ~ day of Decem , 2003.
C-kJL lA . f\~
Charles H. Nutt
~f";) "Z-Cl u'-t
Witness my hand and official seal thisl.-.r day of BecenlI.;t::l, ~uu3.
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County, GA
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SERVICE AGREEMENT
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This agreement made and entered into this ~ day of-JaH....aTj''';-"2004, by and between
Charles H. Nutt, herein designated as "Owner," and Augusta, Georgia (a!kJa Augusta-Richmond
County),
WITNESSETH:
WHEREAS, the Owner is the owner of certain real property described as follows:
All that certain lot or parcel of land, together with improvements thereon, situate,
lying and being in the State of Georgia, County of Richmond, known and designated
as the Southern portion of Lot No.4, Tract No.7 on a plat of Hollywood Subdivision
recorded in the office of the Clerk of Superior Court of said Richmond County, in
Realty Book 16 N's, as page No. 216. Said lot measures 196.5 feet on Farris Street,
116.4 feet on Rozella Street, its Western boundary line, 150 feet on its Northern line
and is bounded North by the remaining portion of said Lot No.4; East by said Farris
Street; South by Rozella Street, and West by said Rozella Street.
AND WHEREAS, Augusta Georgia, a local government of the State of Georgia, acting
pursuant to its legal authority in administering its GEMA Hazard Mitigation Grant Program project.
AND WHEREAS, the Owner desires for Augusta, Georgia to remove from the above-
referenced real property all fixtures, buildings and improvements located on the above-described real
property .
NOW THEREFORE, for good and valuable consideration, the sufficiency and receipt of
which is hereby acknowledged, the Parties agree as follows:
The Owner agrees to allow Augusta, Georgia to remove from the premise of the above-
described real estate all fixtures, buildings and improvements. The Parties agree that the fixtures,
buildings, and improvements located on the above-described real property are unsafe and constitute
a nuisance, and that removal of said items shall constitute an improvement to the value of the real
property .
".~~
~~,.~ . .
IN WITNESS WHEREOF, this 2", l. day of J~yary, 101)4, the Parties hereto agree to the
terms contained herein,
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AUGUSTA, GEORGIA
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Book 00913:2322 Augusta - Richmond County
200400789402125/2004 15:17:07.00
$0.00 QUITCLAIM OEED '
,~ I IlIillI/Iii lIililllillllil liiilllm/illlliiii liiii Ii iii'" .'". -
2004007894 Augusta - Richmond County
--
/~----.._---
Return to:
James T. Plunkett
Shepard, Plunkett, Hamilton, Boudreaux
& Tisaale, LLP
701 Greene St., Suite 104
Augusta, GA 30901
STATE OF GEORGIA
QUIT CLAIM DEED
RICHMOND COUNTY
-~ i=~btu.""'Y 20'0'1
THIS INDENTURE, made and entered into this ~J day of Qe~elIlbet, ~
between, CHARLES H. NUll, as Party of the First Part, and AUGUSTA, GEORGIA, as
Party of the Second Part;
WITNESSETH
THAT THE SAID Party of the First Part, for and in consideration of the sum of Ten
Dollars in hand paid, at and before the sealing and delivery of these presents, the receipt
whereof is hereby acknowledged, does remise, release and forever quitclaim to said Party of
Page 1 of 2
~
~
....r~-. .-:-~
Book 00913:2323 Augusta - Richmond County
200400789402/25/2004 15:17:07,00
.
the Second Part, its successors and assigns the following described property, to-wit:
All that certain lot or parcel of land, together with improvements thereon, situate,
lying and being in the State of Georgia, County of Richmond, known and designated
as the Southern portion of Lot No.4, Tract No.7 on a plat of Hollywood Subdivision
recorded in the office of the Clerk of Superior Court of said Richmond County, in
Realty Book No. 16 N's, as page No. 216. Said lot measures 196.5 feet on Farris
Street, 116.4 feet on Rozella Street, its Western boundary line, 150 feet on its
Northern line and is bounded North by the remaining portion of said Lot No.4; East
by said Farris Street; South by Rozella Street, and West by said Rozella Street.
TO HAVE AND TO HOLD the said property to the said Party of the Second Part, its
successors and assigns, so that neither the said Party of the First Part nor its successors nor
any other person or persons claiming under it shall at any time hereafter, by any way or
means, have claim or demand any right, title or interest in or to the aforesaid property or it
appurtenances or any part thereof.
IN WITNESS WHEREOF, the Said Party of the First Part has caused same to be
executed by the proper officials, with affixed seal, and delivered these presents the day and
year first above written.
SIGNED, SEALED, AND DELIVERED
in:Jj;:~
(Unofficial Witness)
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o ry Public County, _
y Commi~~~~~S;,~.
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By:~.f\~
Charles H. Nutt
(L.S.)
"-
Filed in this office: ----
Augusta - Richmond County
--- __Q~~5/2Qg4-1~:17:07.00
Elaine C. Johnson -- -. --"- __
Clerk of Superior Court
~.
Page 2 of 2
, .
~-,
RETURN TO:
Stephep E. Shepard
701 Greene Street, Suite 701
Augusta, Georgia 30901
.-------------
Book 00916:2139 Augusta - Richmond County
200401006403/11/200416:15:54.00
$5 50 WARRANTY DEED
'--'(\'ii\'\\~I"ii\I"ii\r'i~rl\i~'\\lii'l\llr,~~"ilrl"1i~\r un
2004010064 Augusta - Richmond Co ty
Transfer Tax: $5.50
--,
WARRANTY DEED
STATE OF GEORGIA
COUNTY OF RICHMOND
.~ ~~nA~~ Z~OV
THIS INDENTURE, made and entered into this Z~ .. day of Deeem ~ 20'0'3, .
between CHARLES H. NUTT, as Party of the First Part, and AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, as Party of the Second Part;
WITNESSETH
THAT THE SAID Party of the First Part, for and in consideration of the sum of
Five Thousand Four Hundred Fifty Seven and No Cents ($5,457.00) Dollars in hand
paid, at and before the sealing and delivery of these presents, the receipt whereof is
hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed,
and by these presents does grant, bargain, sell, alien, convey and confirm unto the said
Party of the Second Part, its successors and assigns, the following described property, to
wit:
All that certain lot or parcel of land, together with improvements thereon,
situate, lying and being in the State of Georgia, County of Richmond,
known and designated as the Southern portion of Lot NO.4, Tract NO.7 on
a plat of Hollywood Subdivision recorded in the office of the Clerk of
Superior Court of said Richmond County, in Realty Book No. 16 N's, as
page No. 216. Said lot measures 196.5 feet on Farris Street, 116,4 feet on
------
Book 00916:2140, Augusfa - Richmond County
200401006403/11/200416:15:54,00
Rozella Street, its Western boundary line, 150 feet on its Northern line and
is bounded North by the remaining portion of said Lot NO.4; East by said
Farris Street; South by Rozella Street, and West by said Rozella Street.
THE ATTACHED "DEED RESTRICTIONS" are attached hereto and, by
reference, made a part hereof.
TO HAVE AND TO HOLD the said described property, with all and singular the
rights, members and appurtenances thereunto appertaining, to the only proper use,
benefit and behoof of the said Party of the Second Part, its successors and assigns, in Fee
Simple.
AND THE SAID Party of the First Part warrants and will forever defend the right
and title to the above described property unto the said Party of the Second Part, its
successors and assigns, against the lawful claims of all persons owning, holding or
claiming by, through or under the said Party of the First Part.
IN WITNESS WHEREOF, the Said Party of the First Part has caused same to be
executed by the proper officials, with affixed seal, and delivered these presents the day
and year first above written.
SIGN~~~EALED, AND DELIVERED
inthJ!l~~
Witness
r~uJL 8>. i\Q"
Charles H. Nutt
lie, Rie m d Co __ ~~?~~a
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~Oo; 00916:2141 August~ - Rich,!,ond co~nty
200401006403/11/200416:15.54,00
"Deed Restrictions"
WITNESSETH
WHEREAS, this property is being purchased under the Hazard Mitigation Grant
Program, authorized by Section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1988, PL 93-288 as amended; and
WHEREAS, the State of Georgia has entered into a Cooperative Agreement with
Augusta, Georgia, dated July 13, 2000, and herein incorporated by reference, in which
Augusta, Georgia will use the property described hereafter under the terms and
conditions thereunder; and
NOW, THEREFORE, this conveyance is made upon the express conditions that:
1. The premises shall only be used for purposes consistent with open space,
recreational, or wetlands management purposes (as defined in Title 44, Code of Federal
Regulations, part 206.434, as it appears now or may hereafter be amended);
2. No future disaster assistance for any purpose from any Federal source will be sought
or provided with respect to the property; and
3. There shall not be erected on the premises any new structures or other improvements
other than rest rooms, or a public facility that is open on all sides and functionally
related to open space uses.
4. The sub-grantee agrees that it shall convey the property only to another public entity
and only with prior approval from GEMA and the Regional Director of FEMA. Such
conveyance shall be made expressly subject to the above-referenced conditions and
restrictions, which shall run with the property in perpetuity. In addition, for property
that is transferred to another public entity, that public entity must obtain approval from
GEMA and the Regional Director of FEMA to convey the property to another public
entity.
Any breach or threatened breach of the above conditions may be enjoined upon.
application by the State of Georgia. In addition, the State of Georgia shall have the
option to repurchase the above described premises for the sum of One Dollar ($1.00), if
the Grantee, its successors or assigns shall have failed to remove or correct any violation
of the above conditions within thirty (30) days after the mailing of written notice thereof
by said State of Georgia or its successor, to the Grantee, its successors or assigns.
,..---- -----~----------
Book 00916:2142 Au"gusta - Richmond County
2004010064 03/11/2004 16:15:54.00
The above conditions and restrictions, along with the right to enforce same are deemed
to be covenants running with the land in perpetuity and are binding on subsequent
successors, grantees, or assigns.
The Grantor releases and deeds unto Augusta, Georgia and its assigns, all right, title,
and interest which Grantor may have in the banks, bed and waters opposite to or
fronting upon said land, and in any alley, road, street, ways strips, gores and railroad
right-of-way abutting or adjoining said lands, and in any means of ingress and egress
appurtenant thereto.
TO HAVE AND TO HOLD the said premises with all and singular the rights and
privileges thereunto belonging unto Augusta, Georgia and its assigns forever.
THIS conveyance is expressly subject to rights outstanding in third parties for existing
easements for public road and highways, public utilities, railroads, and pipelines.
r= , '2..e 0'-1
Witness my hand and official seal this t..S' day of ~'" {J 2003.
SIGNED, SEALED AND DELIVERED
in the presence of:
~1f!t1 k2lJ?~~
Unoffici Witness
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~h~ond Cguntyi Georgia ..
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/.; , , . ./'~" . Notary Public, Columbia County, Georgi,) . ~'ifi",~'\"';;':f,~ -:. ~
My ~JillJl)~dn ExpIres: My COmmission Expires Aug, 1. 2006 ~ 'D ! ~,Nt.,;;:.q~~ :::; ~
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AUGUSTA, GEORGIA
By: ~i~
As its Mayor b~
r-----
Filed in this office:
Augusta - Richmond County
03/11/2004, !6:15:54.00
Eialne C.Johnson
Clerk of Superior Court
.....,
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4
-'~,\
A. Sr/'ement Statement
U.S. Department of HousinQ
and Urban Development ~
,r
OMB No. 2502-0265
B. Type of Loan
1. 0 FHA
4. OVA
2. 0 FmHA
5. 0 Conv. Ins.
3. [gj Cony. Un ins File Number
AR2004-1228
Loan Number
Mortgage Insurance Case Number
c. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown.
Items marked "p.o.c" were paid outside of closing; they are shown here for informational purposes and are not included in the totals.
D. NAME AND ADDRESS OF BORROWER: Augusta, Georgia
530 Greene Street, Augusta, GA 30911
E. NAME AND ADDRESS OF SELLER:
Charles H. Nutt
3831 Lake Ontario Street, Hephzlbah, GA 30815
F. NAME AND ADDRESS OF LENDER:
G. PROPERTY
LOCATION:
1952 Rozella Road
Augusta, GA 30906
H. SETTLEMENT AGENT:
PLACE OF SETTLEMENT:
TIN:
Shepard, Plunkett, Hamilton & Boudreaux
701 Greene Street, Suite 104, Augusta, GA 30901
58-1588795
I. SETTLEMENT DATE: 02/25/2004 RESCISSION DATE:
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER:
101. Contract Sales Price 55 457,00 401. Contract Sales Price $5 457.00
102. Personal Property 402. Personal property
103. Settlements charges to borrower: 403. ,
(from line 1400)
104. 404.
105. 405.
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
106. City/town taxes to 406. City/town Taxes to
107. County Taxes to 407. County Taxes to
10B. Assessments to 40B. Assessments to
109. 409.
110. 410.
111. 411.
112. 412.
120. GROSS AMOUNT DUE FROM BORROWER: $5,457.00 420. GROSS AMOUNT DUE TO SELLER: $5,457,00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest money 501. Excess deposit (see instructions)
202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400)
203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to
204. 504. Payoff of first mortgage loan
205. 505. Payoff of second mortgage loan
206. 506.
207. 507.
20B. 50B.
209. 509.
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
210. City/town taxes to 510. City/town taxes to
211. County taxes to 511. County taxes 01/01/2004 to 02/29/2004 $19.23
212. Assessments to 512. Assessments to
213. 513. 2003 County Property Taxes $115.39
214. 514.
215. 515.
216. 516.
217. 517.
21B. 51B.
- 519.
219.
220. TOTAL PAID BY/FOR 520. TOTAL REDUCTIONS $134.62
BORROWER: IN AMOUNT DUE TO SELLER:
300. CASH AT SETTLEMENT FROMfTO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER
301. Gross amount due from borrower (line 120) $5,457.00 601. Gross amount due to seller (line 420) $5,457.00
302. Less amount paid by/for borrower (line 220) 602. Less reductions in am!. due seller (line 520) $134. 62
303. CASH ( ~ FROM) ( DTO) BORROWER: $5,457.00 603. CASH ( 0 FROM) ( rgJ TO ) SELLER: $5;322.38
HUD-1 (3-86) - RESPA, HB 4305.2
PAGE 1
"
OMS No. 2502-0265
L.,
~
SETTLEMENT CHARGES
- "
700. TOTAL SALES/BROKER'S COMMISSION 1'AID FR'OM PAID FROM
BASED ON PRICE $5,457.00 @ %; BORROWER'S SELLER'S
FUNDS FUNDS
DIVISION OF COMMISSION (LINE 700) AS FOLLOWS: AT AT
701. to SETTLEMENT SETTLEMENT
702. to
703. to
704, to
70s. Commission paid at settlement
706.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN.
B01. Loan orlginetion fee %
B02. Loan discount %
B03. Appraisal fee to:
B04. Credit report to:
B05, Lende(s inspection fee
BOO. Mortgage insurence application fee to
B07. Assumption fee
BOB.
BOO.
B10.
B11.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE.
901. Interest from 02/25/2004 to 03/01/2004 @ /dey
902. Mortgage insurance premium for mos. to
903. Hazard insurence premium for yrs.to
904. Flood insurance premium for yrs. to
90S.
1000. RESERVES DEPOSITED WITH LENDER.
1001. Hazard Insurance
1002, Mortgage insurance
1003, City property texes
1004. County property taxes
1005. Annual assessments
1006. Flood insurance
1007.
l00B.
1~. Aggregate Accounting
1100. TITLE CHARGES:
months @
months @
months @
months @
months @
months @
months @
months @
Escrow Adjustment
per month
per month
per month
per month
per month
per month
per monlh
per month
-
I
--
I
1101. Settlement or closing fee to
1102. Abstract or lilie search to
1103. litie examination to
1104. Titie insurance binder to
1105. Document preparalion to
11 06. Notary fees to
-----
1107. Atiomey's fees to
(includes above items Numbe~
110B. Tltie Insurance to
(includes abova ilams_ Numbe_'s:____
1109. Lende(s coverage
1110._ Owne(s coverage
1111.
1112.
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHAR-GE-S:
1201. Recording fees: Deed
---- -----
1202. City/county lax/stamps: Deed
-- . -------
1203. Stale tax/stamps: Deed
1204.
__u_______
1205.
; Releeses
1300. ADDITIONAL SETTLEMENT CHARGES:
1301. Survey to
1302, Pest inspection to
1303.
1304,
1305.
1306.
1307.
1400. TOTAL SETTLEMENT CHARGES
------
I have carefully reviewed the HUD-1 Seltlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made
on my account or by me . tra cllon. I further certify that I have received a copy of the HUD-1 Settlement Statement.
August
Borrower:
... .I.. r/Ac.J Seller or n' ^
Date: 44ri Agent: l --= ~ ~
Charles H. Nutt
.~
Date:~
Borrower:
Date:
Seller or
Agent:
Date:
Tne HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction.
......lllI thiS statt::ment.
Date:
Date:~
J mes . Plunk tt
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar fo Pe ties upon conviction can include a fine and imprison-
ment. For details see: Title 18 U.S. Code Section 1001 and Section 1010.