HomeMy WebLinkAboutGerald p. Spence Sr.
Augusta Richmond GA
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BOX NUMBER: Y5
FILE NUMBER: \l.o \ \ <t
NUMBER OF PAGES: ( Q.
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REAL ESTATE SALES CONTRACT
THIS AGREEMENT, made and entered into this _18th_ day of April,
2002, between and among
Gerald P. Spence. Sr.
hereinafter referred to as the
"Seller"; and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia,
hereinafter referred to as "Buyer".
WIT N E SSE T H:
(1) For value received Seller has agreed to sell and Buyer has agreed to
buy on the terms and conditions hereinafter set forth the property described as follows:
All that lot or parcel of land, together with all improvements thereon, lying and
being in the State of Georgia, Richmond County, located 0 Meadowbrook Dr.
consisting of 25.6 acres, more or less, and being known and designated as PIN
1070035000 and shown upon a plat prepared by , dated
, and recorded in realty book _' pages in the Office of the
Clerk of the Superior Court of Richmond County, Georgia. Referenced is hereby made to
said plat for a more particular description of the metes, bounds and location of said
property. Excepted from this conveyance is certain property conveyed by
to by deed dated , and
recorded in realty reel _' page in said Clerk's office.
This is the same property acquired by party of the first part by limited
warranty deed dated from , and recorded in realty reel _8
page _ in said Clerk's office..
(2) The purchase price of the property shall be eight-thousand Dollars
and 00 Cents ($8000.00) payable in cash at closing.
(3) The purchase and sale of this property shall be closed on or before
June 18. 2002, and possession of the property shall be delivered to Buyer at
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closing.
(4) Seller agrees to furnish marketable title to said property and agrees to
convey said property by general warranty deed to the Buyer at the time the sale is
consummated, subject only to:
(a) Covenants and restrictions of record not violated by existing
improvements or use of the property;
(b) Zoning ordinances not violated by existing improvements or use
of the property.
(5) Buyer shall furnish to Seller a written statement of objections affecting
the marketability of said title at least ten (10) days prior to the date set for closing. If the
Seller shall be unable to convey title in accordance with the provisions of this contract as a
result of the property being affected by any encumbrance (other than taxes for the current
year), outstanding interests or questions of title not expressly consented to by the Buyer
which render the Seller's title to the property unmarketable, and which may according to
reasonable expectation be removed within thirty (30) days. the Seller shall have the
privilege to remove or satisfy the same and shall for this purpose be entitled to an
adjournment of the closing of title for a period not exceeding fifteen (15) days. The Buyer
shall not be required to bring any action or proceeding or otherwise incur any expense to
render the title to the premises marketable. The Buyer may, nevertheless, accept such
title as Seller may be able to convey. without reduction of the purchase price or any credit
against same and without liability on the part of the Seller.
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(6) Time is of the essence of this contract, and Seller and Buyer agree
that such papers as may be legally necessary to carry out the terms of this contract shall
be executed and delivered by the parties at the time this sale is consummated.
(7) Seller shall pay all liens, encumbrances, water charges and the like
on said property. Buyer is to pay for the examination of title, intangible tax, and
preparation of all instruments necessary to close this sale. Taxes shall be prorated as of
the date of closing.
(8) This contract is contingent upon approval of the purchase by the
Augusta-Richmond County Commission with Community Greenspace Funds for inclusion
in the Augusta-Richmond County Community Greenspace Program.
(9) This contract constitutes the sole and entire agreement between the
parties, and no modification to this contract shall be binding unless such modification is in
writing signed by all parties hereto. Any representations, promises or inducements not
included in this contract shall not be binding upon any party hereto. All rights, powers,
privileges and duties granted or assumed shall inure to the benefit of and shall be binding
upon any and all successors, assigns and personal representatives of the parties hereto.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands
and seals the day and year written above.
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SIGNED, SEALED AND DELIVERED
/In the presence of:
fJ).:.-f xI. -i::~
( nofficial Wi ss)
NOTARY PUBLIC,
MY COMMISSION EXPIRES
SIGNED. SEALED AND DELIVERED
in the presence of:
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(Unofficial itness)
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MEMORANDUM
TO: The Augusta-Richmond County Commission
FROM: The Southeastern Natural Sciences Academy Land Trust J A.L
SUBJECT: Recommendation for Purchase of Spence Property
SCIENCES
DATE: April 19, 2002 .~'.~1I.I:lIl~..4
LAND TRUST
I am writing to you concerning the SENSA Land Trust's recommendation with regards to
a potential purchase of the Spence Property lying along Butler Creek and situated to the
East of Deans Bridge Road.
Through careful analysis of the property, with particular interest as to how it can be
associated with our "Phase 1" Project, it is our opinion that the Spence Tract would be a
strong addition to our Greenspace inventory. As set forth by the Commission, our
primary focus in year one has been the Butler Creek corridor. This property is
contiguous to property already owned by the City and is also contiguous to property
already under negotiation for our "Phase l" project, having a focus of the corridor
between Peach Orchard and Windsor Spring Roads. Comprising approximately 25.6
acres, the property encompasses a great deal of floodplain, but also has access to its high
ground through the Meadowlark subdivision. In our analysis, the property fulfills six of
the nine Georgia Greenspace Program goals as stated by the Georgia Greenspace
Commission: water quality protection for rivers, streams, and lakes; wetlands protection;
scenic protection; provision for recreation and; connection of existing or planned areas
contributing to the goals set out by the Program. The property does not fulfill the goals
of: reduction of erosion through protection of steep slopes, areas with erodible soils, and
stream banks; protection of riparian buffers and other areas such as marsh hammocks that
serve as natural habitat for native plant and animal species and; protection of
archaeological and historic resources.
Through negotiations with the property owner, Gerald Spence, Sr., the SENSA Land
Trust was able to secure a sales price of $8000. With a per acre price of approximately
$320, it is our opinion that this is a very reasonable price for the property.
It is our recommendation that, due to the property qualifYing on six of the nine stated
goals of the State Program and the reasonable sales price, the Augusta-Richmond County
Commission approve the purchase of the property through the use of Greenspace Funds.
540 B Telfair Street
Augusta, GA 30901-2310
Telephone: (706)828-2109
Fax: (706) 828-2129