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Home My WebLink AboutARC LAND BANK AUTHORITY WARRANTY DEED ( "',. Book 01223:1641 Augusta - Richmond County 2009029986 07/09/2009 13:46:43.00 $16.00 WARRANTY DEED 111111111111 1111I111111111I11111 1111111111111111111111111111 2009029986 Augusta - Richmond County .., -1" -. , Deed 111 Return to: LIMITED WARRANTY DEED Wayne Brown, Esq. 501 Greene St, Ste.302 Augusta, GA 30901-4415 STATE OF GEORGIA ) COUNTY OF RICHMOND) This INDENTURE, Made this 7J;!::. day of July, in the Year of our Lord Two Thousand Nine between AUGUSTA-RICHMOND COUNTY, GEORGIA, of the first part and AUGUSTA-RICHMOND COUNTY LAND BANK AUTHORITY, ofthe second part; WITNESSETH: That the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, in hand paid, at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said party of the second part, and said party/ies of the second part's successors and assigns, the following described property, to-wit: FOR DESCRIPTION, SEE "EXHIBIT A" ATTACHED HERETO. TO HAVE AND TO HOLD the said property, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said party of the second part, said party of the second part's successors and assigns, forever, in Fee Simple. AND THE SAID party of the first part will warrant and defend the right and title to the said bargained premises unto party of the second part against the claims of all persons owning, holding, or claiming by, through, or under party of the first part, which claims are based upon matters occurring subsequent to party of the first part's acquisition of the bargained premises. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand(s) and seal(s), the day and year above written. By: David S. Copenhaver As its: Mayor L.S. ,- I.....: ~~~~~,.,:~-~.i\..,.\;'....... ~~. _ .....'!J-.~,..f.r~ _ ~"t~.!,... .iII"~\(;"-""- N;1 """ ft~(~~ o~~9~~a~fi~~~~~~::~;~~~ " ..1 { ~ ~f 1 ,:~ ~:~! ~.~ ~'~~';"i \'~~ \ / .'J} ~ #,_.t \, .... 't~ '''''''''_ ,",<-"/ ,.:/f" '<~'" ~~"~~!t:.:...1l.... _:"'~~ Q~~....~ _ ,(~E0Rl'1~~~~.:;;~~~~ l:,,""~~':'~v~\t....,~ vJ~ By: . ~enWB r " . ,As. its: Clerk of Co , Q .1 ( , , Unofficia Witness ,-(".,. . . . .:~~ ..' (SEAL). :. (;~~ ....~; . ...... ~-' t _ Signed, sealed and delivered.'~:' (~.' ., in the presence of: ~:;:' '., . . " , ( . .... .,:{. {0~.--'; ..... ':~Not Iic, '"-,. ....' ','" ." '~ ,Cohim'i~sIJ.i-i'etpir;ti6n date " .', . .;' " .;* (..::, _-"7;l: Wii';'. .... .0 (SEAL)' -...: :. . ,<"., ;--' {j Ii LNl\ltSry PUbliC, Columt.u2 County, Georgia '/ "My Qommission Expires July 27, 2010 /~ . .' ... \\" . " I If r" \, " . , t ~ Book 01223: 1642 Augusta - Richmond County 200902998607/09/2009 13:46:43.00 " "EXHIBIT A" LEGAL DESCRIPTION Parcel One: All that lot or parcel of land, with improvements thereon, situate, lying and being in the City of Augusta, County of Richmond, State of Georgia, being shown and designated as Map and Parcel Number 035-2-023-00-0 under the current tax map in use in Augusta-Richmond County, Georgia. Said property is known as 1827 Pearl Avenue under the current numbering system in use in Augusta, Georgia. Tax Map and Parcel No. 035-2-023-00-0. Said property is also shown and designated as Tract "E-l" 6.65 acres, more or less, on a plat prepared for The Salvation Army (Kroc Center) by Toole Surveying Company, Inc., said plat being recorded simultaneously herewith for a more complete and accurate description of said property, its metes, bounds and location. Said property is conveyed subject to applicable easements and restrictions shown on said plat and filed of record. Parcel Two: All that lot or parcel of land, with improvements thereon, situate, lying and being in the City of Augusta, County of Richmond, State of Georgia, beginning at a point located at the southernmost corner of the intersection of Eve Street and Pearl Avenue, being shown and designated as Tract "1" on a plat prepared for the State of Georgia by Charles M. Zeigler and Associates, Inc. dated November 7, 1974; reference being hereby made to said plat for a more complete and accurate description of said property, its metes, bounds and location. Said property is known as 1824 Pearl Avenue under the current numbering system in use in Augusta, Georgia. Tax Map and Parcel No. 027-4-093-00-0. Said property is also shown and designated as Tract "0" 1.71 acres, more or less, on a plat prepared for The Salvation Army (Kroc Center) by Toole Surveying Company, Inc., said plat being recorded simultaneously herewith for a more complete and accurate description of said property, its metes, bounds and location. Said property is conveyed subject to applicable easements and restrictions shown on said plat and filed of record. Parcel Three: All that lot or parcel of land, with improvements thereon, situate, lying and being in the City of Augusta, County of Richmond, State of Georgia, being irregular in shape and commencing at a point located at the southeast corner of the intersection of Eve Street and Crescent Alley, being shown and designated as Tract "2" on a plat prepared for the State of Georgia by Charles M. Zeigler and Associates, Inc. dated November 7, 1974; reference being hereby made to said plat for a more complete and accurate description of said property, its metes, bounds and location. Said property is known as 114 Eve Street under the current numbering system in use in Augusta, Georgia. Tax Map and Parcel No. 027-4-092-00-0. Said property is also shown and designated as Tract "B-1" 0.54 acre, more or less, on a plat prepared for The Salvation Army (Kroc Center) by Toole . , Book 01223:1643 Augusta - Richmond County 2009029986 07/09/2009 13:46:43.00 '.. , . Surveying Company, Inc., said plat being recorded simultaneously herewith for a more complete and accurate description of said property, its metes, bounds and location. Said property is conveyed subject to applicable easements and restrictions shown on said plat and filed of record. THIS CONVEYANCE IS MADE SUBJECT TO AND ENHANCED BY THE FOLLOWING: 1. As to the drainage utility structures and systems (hereinafter: UTILITIES) in place, both parties agree that all UTILITIES are not absolutely defined on any plats but do exist within these tracts to be deeded hereunder. Both parties agree that all UTILITIES as they exist are considered Augusta-Richmond County easements by prescription and will continue to be Augusta-Richmond County easements after the sale of subject properties. During this project, some of these will have to UTILITIES be relocated for the Kroc Center project to be completed as drawn. Both parties agree that, as these UTILITIES need to be considered to be moved or relocated, Toole Surveying Company, Inc., on behalf of The Salvation Army (Kroc Center proj ect) shall first obtain written permission from the engineering department and utility department of Augusta- Richmond County before these UTILITIES are relocated. Once that agreement is reached, a document will be drawn showing all of the new locations and new easements to be drawn and those easements will be granted and the new UTILITIES shall be dedicated, in writing, by The Salvation Army to Augusta-Richmond County and Augusta-Richmond County will abandon all previous easements and UTILITIES that are relocated by this agreement. Both parties understand that this process will be a work in progress as the engineering and architectural drawings proceed for the Kroc Center Project. 2. Augusta, Georgia, shall retain a twenty (20) foot permanent drainage, utility, access and maintenance easement over all existing water pipelines and sanitary sewer pipelines as shown on a plat prepared by Toole Surveying Company, Inc., for the Salvation Army (Kroc Center)), dated May 29, 2009, and revised June 30, 2009, said plat being recorded with this document and to which reference is made for a more accurate and complete description of metes, bounds and courses. Said easements are for the purposes of repairing, maintaining, laying, relaying, installing, expanding, and adding structures transporting Augusta's drainage and utilities. 3. Augusta, Georgia shall retain unto itself a permanent drainage and utility corridor and canal maintenance easement, which varies in width from one hundred (100) feet to one hundred thirty three (133) feet, as shown on said plat. Said easement shall be in the form of a permanent drainage, utility, access and maintenance easement covering all existing water and/or sanitary sewer pipelines, all future water and/or sanitary sewer pipelines, and any other utility services constructed, or maintained, by Augusta, Georgia. Said easement is for the purposes of repairing, maintaining, laying, relaying, installing, expanding, and adding structures transporting Augusta's drainage and utilities, as well as for the maintenance of the canal. 4. Augusta, Georgia shall also retain unto itself a twenty (20) foot permanent easement over any drainage and utility structure, constructed and/or maintained by Augusta, Georgia, which is not shown on said plat, but which may be discovered at a later date. Said easement (s) will be for the same purposes as stated above. 5. Augusta, Georgia, its successors and assigns, also retain the right, but not the duty, to clear and keep clear all trees, undergrowth and other obstructions from said permanent easement(s), along with the free right of ingress and egress to and from said permanent easements for this purpose and all Book 01223:1644 Augusta - Richmond County 2009029986 07/09/2009 13:46:43.00 , .'" , , aforesaid purposes. The Grantee, its successors, heirs and assigns shall have the right to use said easement (s) in any manner not inconsistent or interfering with the aforesaid purposes. The building of permanent structures on said easement(s) is strictly prohibited, as well as the planting of trees, or other vegetation, that may interfere with the aforesaid purposes and/or damage the pipelines. The use of said permanent easement(s) by anyone other than Augusta, Georgia is also prohibited without the express written permission of Augusta, Georgia. 6. Augusta, Georgia does agree that paving will be allowed over the existing and future pipeline easements, as described above, but does not agree to be responsible for the repair, paving, repaving, or replacement of any private parking lot, road or street, or any portion thereof, through which Augusta, Georgia may excavate or perform other work in connection with repairs, construction, maintenance, or extension of its water distribution systems and sanitary sewerage systems. Such responsibility shall lie with the Grantee. 7. The sale of the subject property from Augusta-Richmond County Land Bank Authority to the Salvation Army is conditioned upon the building of the Kroc Center, involving and including the subject properties. In the event the Kroc Center is not substantially built, the Augusta-Richmond County Land Bank Authority shall have the right, but not the obligation, to repurchase the subject properties at the fair market value or the herein sales price, whichever is less. AugustarQ' hmond Coun y, r- . By: ~ As its: Mayor Georgia Acknowledged and agreed: Aug . Filed in this office: Augusta - Richmond County 07/09/200913:46:43,00 ELAINE C JOHNSON Clerk of Superior Court