HomeMy WebLinkAboutAUDREY MOYE BECKHAM WARRANTY DEED
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2006030615 Augusta - Richmond County
Return to:
James T. Plunkett
70 I Greene St., Suite 104
Augusta, Georgia 30901
WARRANTY DEED
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THIS INDENTURE, Made this ~ day of June, 2006, between AUDREY MOYE
BECKHAM, of Augusta-Richmond County, State of Georgia, as party of the First Part, and
AUGUSTA, GEORGIA, a political subdivision under the laws of Georgia, as party of the Second
Part,
WIlNESSETH: That the said party of the First Part, for and in consideration of the sum of
Ten ($10.00) Dollars 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, its successors and assigns, the following described property, to wit:
ALL that tract or parcel of land, lying and being in Richmond County, Georgia,
with improvements thereon, and being known and designated as Lot 1 in Block X,
in Section II of Butler Estates Subdivision as shown on a plat made for Walters
Realty Co., by D. L. Printup, Land Surveyor, dated September 29, 1971, and
recorded in the Office of the Clerk of Superior Court for Richmond County,
Georgia, on Reel 1, at pages 87-89, to which plat reference is hereby made for a
more complete and accurate description of the metes, bounds, courses and
distances of said lot. The improvements on said lot are known under the present
system of house numbering in Richmond County, Georgia as 2610 Coleman
Avenue.
And being the same property conveyed to Audrey Moye Beckham from Mary
Kate Beckham by Quit-Claim Deed dated January 4, 1978 and recorded in said
Clerk's Office on Realty Reel 87, page 920.
MAP AND PARCEL: 098-4-202-00-0
TO HAVE AND TO HOLD the said bargained premises, together with all and singular the
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Book 01061 :2550 Augusta - Richmond County
2006030615 06/22/2006 13:57:09.00 ~
AND the said party of the First Part, for herself, her heirs and assigns will warrant and
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 whomsoever.
IN WITNESS WHEREOF, the said party of the First Part has hereunto set her hand and
seal, the day and year first above written.
a~4~9t'1 ~~
Audrey e Be am
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Accepted this ~~ay of June, 2006.
By: ( Q~. b:-
Its: MaYOr ~
By:~i)4 tJJt4tP
Its: lerk
STATE OF GEORGIA )
roCHMONDCOUNTY )
THIS AGREEMENT, made this 9th day of June, 2006, among AUGUSTA, GEORGIA, a
political subdivision of the State of Georgia, First Party (hereinafter called "Lessor"); and
AUDREY MOYE BECKHAM, Second Party (hereinafter called "Lessee").
WITNESSETH:
(1) Lessor does hereby rent and lease to the Lessee the following described space
(hereinafter called Premises): See Exhibit A, hereto attached and by reference made a part hereof.
Known as 2610 Coleman Avenue, Augusta, Richmond County, Georgia 30906, for a term
commencing on the 9th day of June, 2006, and ending on the 9th day of December, 2006, at
midnight. No easement for light or air is included in the premises.
(2) Lessee shall have no obligation to pay rent to Lessor.
(3) Premises shall be used for single-family dwelling purposes and no other. Premises
shall not be used for any illegal purposes; nor in violation of any valid regulation of any
governmental body, nor in any manner to create any nuisance or trespass; nor in any manner to
vitiate the insurance or increase the rate of insurance on premises.
(4) Lessee accepts premises in their present condition and as suited for the use intended
by Lessee. Lessor shall not be required to make any repairs or improvements to premises.
(5) As additional rent, Lessee shall keep the premises in good repair and shall make all
necessary repairs to the premises.
(6) Lessor may card premIses "For Rent" or "For Sale" thirty days before the
termination of this Lease. Lessor may enter the premises at reasonable hours: to exhibit same to
prospective purchasers or tenants; to inspect premises to see that Lessee is complying with all her
obligations hereunder; and to make repairs required of Lessor under the terms hereof or repairs to
Lessor's adjoining property.
(7) Lessor, as Lessee's agent, without terminating this Lease upon Lessee's breaching
this contract, may at Lessor's option enter upon and rent premises at the best price obtainable by
reasonable effort, without advertisement and by private negotiations and for any term Lessor deems
proper. Lessee shall be liable to Lessor for the deficiency, if any, between Lessee's rent hereunder
and the price obtained by Lessor on reletting.
(8) If Lessee defaults for thirty days after written notice thereof in performing any of her
obligations hereunder; or if Lessee is adjudicated a bankrupt; or if a permanent receiver is appointed
for Lessee's propeIiy, including Lessee's interest in premises, and such receiver is not removed
within thirty days after written notice from Lessor to Lessee to obtain such removal; or if, whether
voluntarily or involuntarily, Lessee takes advantage of any debtor relief proceedings under any
present or future law, whereby the rent or any part thereof is, or is proposed to be, reduced or
payment thereof deferred; or if Lessee makes an assignment for the benefit of creditors; or if
premises or Lessee's effects or interest therein should be levied upon or attached under process
against Lessee, not satisfied or dissolved within thirty days after written notice from Lessor to
Lessee to obtain satisfaction thereof, then, and in any of said events, Lessor at its option may at
once, or within thirty days thereafter (but only during continuance of such default or condition)
terminate this Lease by written notice to Lessee; thereupon this Lease shall end. After an
authorized assignment or sub-letting, the occurring of any of the foregoing defaults or events shall
affect this Lease only if caused by or happening to the assignee or sub-lessee. Upon such
termination by Lessor, Lessee will at once surrender possession of the premises to Lessor and
remove all of Lessee's effects therefrom; and Lessor may forthwith re-enter the premises and
repossess itself thereof, and remove all persons and effects therefrom, using such force as may be
necessary without being guilty of trespass, forcible entry or detainer or other tort.
(9) No termination of this Lease prior to the normal ending thereof by lapse of time or
otherwise shall affect Lessor's rights to collect rent for the period prior to termination thereof.
(10) Lessee may not, without the prior written consent of Lessor endorsed hereon, assign
this Lease or any interest thereunder, or sub-let premises or any part thereof, or permit the use of
premises by any party other than Lessee. Consent to one assignment or sub-lease shall not destroy
or waive this provision and all later assignments and sub-leases shall likewise be made only upon
prior written consent of Lessor. Sub-tenants or assignees shall become liable directly to Lessor for
all obligations of Lessee hereunder, without relieving Lessee's liability. However, Lessor agrees not
to unreasonably withhold its consent to any sub-lease.
(11) If premises are totally destroyed (or so substantially damaged as to be untenantable)
by storm, fire, earthquake, or other casualty, this Lease shall terminate as of the date of such
destruction or damage. If premises are damaged but not rendered wholly untenantable by any such
casualty, Lessee, at her option, may terminate this lease, however, Lessor shall have no obligation
to restore the premises.
(12) Lessee may (if not in default hereunder) prior to the expiration of this Lease or any
renewal thereof, remove all fixtures and equipment which she has placed in premises during the
term of the lease, provided Lessee restores premises to their condition at the installation thereof.
(13) Lessee shall pay all bills for gas, electricity, fuel, light, water, heat or power for
premises or used by Lessee in connection therewith.
(14) If any rent owing under this Lease is collected by or through an attorney at law,
Lessee agrees to pay fifteen percent (15%) thereof as attorneys fees. Lessee waives all homestead
rights and exemptions owing under this Lease. Lessee hereby assigns to Lessor her homestead and
exemption.
(15) This Lease contains the entire agreement of the parties and no representations,
inducements, promises or agreements, oral or otherwise, between the parties not embodied herein
shall be of any force or effect. No failure of Lessor to exercise any power given Lessor hereunder,
or to insist upon strict compliance by Lessee of any obligation hereunder, and no custom or practice
of the parties at variance with the tenns hereof shall constitute a waiver of Lessor's right to demand
exact compliance with the terms hereof.
(16) Time is the essence of this agreement.
(17) Lessee's rights shall be subject to any bona fide mortgage or deed to secure debt
which is now or may hereafter be placed upon the premises by Lessor.
(18) This contract shall create the relationship of landlord and tenant between Lessor and
Lessee; no estate shall pass out of Lessor; Lessee has only a usufruct, not subject to levy and sale
and not assignable by Lessee except by Lessor's consent.
(19) All rights, powers and privileges conferred hereunder upon parties hereto shall be
cumulative but not restrictive to those given by law.
(20) If Lessee remains in possession after expiration of the term hereof, with Lessor's
acquiescence and without any distinct agreement of parties, Lessee shall be tenant at will; and there
shall be no renewal of this Lease by operation oflaw.
(21) At termination of this Lease, Lessee shall surrender premises and keys thereof to
Lessor in the same condition as at commencement of term, natural wear and tear only excepted.
(22) Lessee shall pay all State, County and City taxes, if applicable, on the premises and
Lessee shall pay all taxes on any personal property installed on said premises by Lessee.
(23) Lessor shall carry fire and extended coverage insurance on the improvements on
said premises, in mnount as determined by Lessor. Lessee shall also have the option to carry for her
own protection insurance on any furniture and fixtures which may be placed on said premises by
Lessee, and shall be entitled to all proceeds from such insurance.
(24) Lessee shall have the right to make any improvements and alterations to the inside
of the existing building provided same does not affect the structure of said building, upon first
obtaining written agreement by the Lessor, which agreement or consent shall not be unreasonably
withheld.
(25) Lessee hereby appoints as her agent to receive the service of all dispossessory or
distraint proceedings and notices thereunder, and all notices required under this Lease, the person in
charge of said premises at the time, or occupying premises; and if no person is in charge or
occupying the same, then such service or notice may be made by attaching the same on the main
entrance to premises. A copy of all notices under this Lease shall also be sent to Lessee's last
known address, if different from premises.
(26) If all of the leased premises are taken under the power of eminent domain or
conveyed under threat of condemnation proceedings, or if only a part of such premises are so taken
or conveyed and Lessee shall deteImine that the remainder is inadequate or unsatisfactory for her
purposes, which determination shall not be arbitrarily or capriciously made, then and in either
event, this lease shall terminate effective as of the date Lessee is required to give up the right to
occupy or use any part of the leased premises. The tem1ination of this lease as above provided shall
not operate to deprive Lessee of the right to make claim against the condemning authority for any
damages suffered by Lessee, but Lessee shall have no right to make any claim against Lessor
because of such termination. If this lease is not tenninated as above provided, Lessor and Lessee
shall agree upon an equitable reduction of the rental. If the parties fail to agree upon such reduction
within 60 days of the loss of possession of a part of the premises by the Lessee, the amount of the
reduction shall be submitted to arbitration. The expenses of arbitration shall be divided equally
between Lessee and Lessor.
(27) "Lessor" as used in this Lease shall include First Party, its assigns, and successors in
title to premises; "Lessee", if this Lease shall be validly assigned or sub-let, shall include her heirs
and representatives, and shall include also Lessee's assignees and sub-lessees. "Lessor" and
"Lessee" shall include male and female, singular and plural, corporation, partnership or individual,
as may fit the particulm" parties.
IN WITNESS WHEREOF, the parties have executed these presents in duplicate the day and
year first above written.
Augusta, Georgia
~~SOCQ ~ / /--
Its: Mayor lj-
SIGNED, SEALED AND DELIVERED
in the presence of:
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Notary PUbr .' G orgia
My Comm;'C,.CO/umbia County, ;006
SS/OO Expires Aug. 1.
a.. dA~ Mp:-f3~
Audrey Moye Be mam - essee
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STATE OF GEORGIA
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SETTLEMENT AGREEMENT
AND GENERAL RELEASE
COUNTY OF RICHMOND
This agreement made in duplicate this ~ day of ~'^ VI... L
,2006
between Augusta-Richmond County a/k/a Augusta, Georgia (hereafter referred to as "Augusta")
and Audrey Moye Beckham (hereafter referred to as "Beckham"):
RECITALS
WHEREAS Audrey Moye Beckham is the owner of certain real property located at 2610
Coleman Road, Augusta, Richmond County, Georgia also known as Lot 1, Block X, Section II,
Butler Estates Subdivision (hereafter "real property"); and
WHEREAS an action has been filed in the Superior Court of Riclunond County, Georgia
styled Audrey Moye Beckham v. City of Augusta, Georgia; Civil Action No. 2003-RCCV-1156
wherein, among various claims asserted against the Defendant, Plaintiff 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 afore-described real property owned by Becldlam in consideration of
Beckham dismissing her claims with prejudice; and
WHEREAS the parties do not intend to construe the fact of or tenns of this Settlement
Agreement and General Release to be ml admission of liability or wrongdoing on the part of
Augusta.
The parties agree as follows:
(1) PAYMENT - That Augusta will pay Beclillam the sum total of Seventy-Two
Thousand ($72,000.00) Dollars in consideration of Beclillam conveying to Augusta good and
marketable title to said real property by general warranty deed subject only to:(1) zoning; (2)
general utility, sewer, and drainage easements of record as of the date of this instant Agreement
and upon which the improvements do not encroach; (3) subdivision and/or condominium
declarations, covenants, restrictions and easements of record on the date of the signing of this
Agreement; m1d (4) any leases and other encumbrances specified in this Agreement.
(2) CLOSING AND POSSESSION - The transaction shall close on Friday, June 9,
2006. Real Estate taxes on said real property for the calendar year in which the sale is closed
shall be prorated as of the date of closing. All utility bills shall be prorated between Augusta and
Beckham as of the date of closing (or the day of possession of real property by Augusta,
whichever is later) which are issued after closing and include service for any period of time said
real property was owned. or occupied by Beckham or any other person prior to Augusta.
Beclillam shall have up to six (6) months from the date of closing to surrender possession of the
premises to Augusta. During such possession, Beckham shall have the right of quiet enjoyment
of the premises. Beclillam shall maintain property insurance upon the premises for the period of
such possession, and shall hold Augusta hannless for any injury suffered by Beckham or her
invitees during the time of her possession. Possession shall deem to have ceased by delivering
the keys to the premises to Augusta or its counsel.
(3) TITLE - Augusta may, prior to closing, examine title and furnish Beckham with a
written statement of objections affecting the marketability of said title. If Beckham fails to
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satisfy valid title objections prior to closing or any extension thereof, then Augusta and Beckham
agree that this instant agreement shall be treated as null and void. Good and marketable title as
used herein shall mean title which a title insurance company licensed to do business in Georgia
will insure at its regular rates, subject only to standard exceptions.
(4) "AS IS" SALE - All parties agree that the real property is being sold "as is" with
all faults, known and unkriowrl. Beckham shall have no obligation to malce repair? to the real
property. In addition, Beckham shall be entitled to remove the fixtures listed in Exhibit "A,"
attached hereto and by reference made a part hereof, prior to surrendering possession to Augusta.
(5) DISMISSAL WITH PREJUDICE - That Beckham shall file with the Clerk of the
Superior Court of Richmond County a Dismissal With Prejudice as to Defendant Augusta in that
legal action styled Audrey Moye Beckham v. City of Augusta, Georgia; In the Superior Court of
Richmond County, Georgia; Civil Action No. 2003-RCCV-1156 at the time ofthe closing.
(6) MUTUAL RELEASE - That Beckham and Augusta shall remise, release, and
forever discharge (and for their successors, assigns, heirs, executors, administrators, agents and
representatives shall remise, release and forever dischm-ge) 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
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been asseIied in that action styled Audrey Moye Beckham v. City of Augusta, Georgia; In the
Superior Court of Richmond County, Georgia; Civil Action No. 2003-RCCV-1156.
(7) NO ADMISSION OF LIABILITY - That Beckham acknowledges 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.
(8) CONFIDENTIAL SETTLEMENT - Both parties agree that they and/ their
attorneys will not knowingly publicize, disclose, or characterize or cause to be publicized,
disclosed, or characterized by any third person or entity any of the terms or conditions of this
settlement and release, the substance of negotiations leading up to the execution hereof or any
other information which would assist a third person or entity in learning of such terms and
conditions or the substance of any such negotiations, except to the extent required by law and
further agrees that a total of fifty dollars of the consideration recited above is allocated to this
feature of the release agreement.
(9) ENTIRE AGREEMENT - 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.
(10) READING OF THIS AGREEMENT/ LEGAL COUNSEL - Both Beckham 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 ando
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General Release -and that the tenns 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.
(11) GEORGIA LAW - This agreement is made and shall be construed under the laws
of the State of Georgia.
(12) DISPUTES - Any dispute concerning 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.
~~f' 9~
Q~r-~bN~
Audrey Moye B ckham
df;1)I~/
Itness
A~gzt:fua;o~ta. Geor~a
[END OF SETTLEMENT AGREEMENT AND GENERAL RELEASE]
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