HomeMy WebLinkAboutBertha L. Henderson
Augusta Richmond GA
DOCUMENT NAME: De.rtJ--o.. L - H el--dc--ls en
DOCUMENT !YPE: bec:J
YEAR: o.t1
BOX NUMBER: 23
FILE NUMBER: 1--135'
NUMBER OF PAGES: 23
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Book 00935'1890 Augusta - Richmond County
200403104306/23/200416_00-46_00
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2004031043 Augusta - Richmond County
Return to' County Attorney's Office
701 Greene St., Suite 104
Augusta, Georgia 30901
WARRANTY DEED
STATE OF GEORGIA
COUNTY OF RICHMOND
THIS INDENTURE, made and entered into this 25th day of May, 2004, between
BERTHA 1. HENDERSON, as Party of the First Part, and AUGUST A, GEORGIA, a
political subdivision of the State of Georgia, as Party of the Second Part;
WITNESSETH
THA T THE SAID Party of the First Part, for and in consideration of the sum of
Fifty Two Thousand Eight Hundred and No Cents ($52,800.00) 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
Second Part, its successors and assigns, the following described property, to wit:
ALL of that lot, parcel, or tract of land together with all improvements
thereon, situate, lying and being in the 1269111 District G.M. of Richmond
County, Georgia, and fronting a distance of 125 feet on the West side of
Boy Scout Road and extending back on its southern boundary line a
.'
Book 00935:1891 Augusta -.Richmond County
2004031043 06/23/2004 16:00:46.00
distance of 150 feet and on its northern boundary line a distance of 162
feet to a rear width of 61.3 feet.
Said property is more particularly shown on a plat prepared by Billy B.
Beazley dated May 30, 1967, and recorded in the Office of the Clerk of
the Superior Court of Richmond County, Georgia, in Realty Book 33-Z,
page 874, to which reference is hereby made for a more accurate
description as to the metes, bounds, and location of said property, and by
reference hereto hereby made a part hereof.
Said property is known under the present system of house-numbering in
use in the City of Augusta, Richmond County, Georgia, as 469 Boy Scout
Road.
TO HAVE AND TO HOLD the said described property, with all singular the
rights, members and appurtenances thereunto appertaining, to the only proper use, benefit
and behalf 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 person owning, holding or
claiming by, through or under the said Party of the First Part.
Book 00935:189Z Augus~a - Richmond County
200403104306/23/2004 16:00:46.00
IN WITNESS WHEREOF, the Said Party of the First Part has hereunto set
her hand and seal, the day and year first above written.
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Bertha L. Henderson
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"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, the 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 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 Regional director ofFEMA to convey the property to another public entity.
, .
Book 00935:1894 Augusta - Richmond County
2004031043 06/23/2004 16:00:46.00
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 ($l.OO), 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 is successor, to the Grantee, its successors or assigns.
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 it 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.
WITNESS my hand and official seal this 25th day of May, 2004.
SIGNED, SEALED AND DELIVERED
In the presence of:
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Filed in this offi~c.
August;;, - Rlct~mQnd County
06/2~1~}(I0.~ -; i. n;)'46.00
Elaine S J0lF:son
Clerk of SUpe!iCf Court
AUGUSTA, GEORGIA
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Book 00935'1895 Augusta - Richmond County
200403104406/23/200416:00'46_01
$0_00 AGREEMENT
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2004031044 Augusta - Richmond County
Retum to County Attomey's Offiee
, 70 I Greene St , Suite 104
Augusta, Georgia 3090 I
CONTRACT FOR SALE OF REAL PROPERTY
Augusta-Richmond County, Georgia
V oluntary Acquisition Program
Contract For Sale of Real Property
THIS AGREEMENT made and entered into the 25th day of May, 2004, by and between
Bertha L. Henderson, herein designated as "Seller", and Augusta, Georgia (a/kla Augusta-
Richmond County),
WITNESSETH:
WHEREAS, the seller is the owner of certain real property being described as follows:
ALL of that lot, parcel. or tract of land together with all improvements thereon,
situate. lying and being in the 1269tl1 District G.M. of Richmond County, Georgia.
and fronting a distance of 125 feet on the West side of Boy Scout Road and
extending back on its southern boundary line a distance of 150 feet and on its
northern boundary line a distance of 162 feet to a rear width of 61.3 feet.
Said property is more particularly shown on a plat prepared by Billy B. Beazley
dated May 30. 1967, and recorded in the Office of the Clerk of the Superior Court
of Richmond County. Georgia. in Realty Book 33-Z. page 874, to which reference
is hereby made for a more accurate description as to the metes. bounds. and
location of said property. and by reference hereto herebv made a part hereof.
Said property is known under the present system of house-numbering in use in the
City of Augusta. Richmond County, Georgia, as 469 Boy Scout Road.
This conveyance is made subiect to any Protective Covenants and/or other
restrictions or easement of record in said Clerk's Office which might be applicable
to said property.
Book 00935:1896 Augusta - Richmond Coun
200403104,4 06/~3/2004 16:00:4~.01
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 Sub grantee agrees to purchase all the Seller's right, title, and
interest in the Property for the sum of $52,800.00, payable on the Closing Date, which sum shall be
reduced by any amounts paid by the Sub grantee 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 lOR 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 Sub grantee shall cause to be prepared, at it's expense, an Opinion of Title for
the Property, continued to 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 Sub grantee'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.
Book 00935:1897 Augusta - Richmond County
200403104496/23/2004 16:00:46.01
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 Sub grantee, subject only to Permitted Exceptions
in Paragraph 5. The seller shall further deliver to the Sub grantee a bill of sale for any personal
property included in the sale.
5.
PERMITTED 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 PROPERTY: 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.
Book 00935:1898 Augusta - Richmond County
2004031044 06/23/2004 16:.00:46.01
8.
INSPECTION OF THE PROPERTY: 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 Sub grantee's interest under this Contract.
REMOVAL OF PERSONAL PROPERTY AND DEBRIS: Prior to the Closing
Date, Seller at her 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's obligation under this
paragraph.
9.
NO HOLDOVER PERIOD FOR OCCUPANTS: Seller shall ensure that she and all
other current occupants vacate the Property prior to the Closing Date.
10.
APPLICATION OF PURCHASE PRICE, DEDUCTIONS, FOR FLOOD
ASSIST ANCE RECEIVED.
A. Prior to disbursing payment to the Seller, the Sub grantee 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 Sub grantee.
Book 00935:1899 Augusta - Richmond County
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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 after 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, assessment, 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 Sub grantee
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.
RELACEMENT 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) 1 DO-year flood plain boundaries.
Book 00935:1900 Augusta R" h
2004 - Ie mond County
031044 06/23/2004 16:00:46.01
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 PROPERTY: The Seller agrees that the Property shall be
preserved in its present condition, and Seller shall deliver in intact at the time possession to the
Subgrantee is given. All risk of loss or damage to the Property is on Seller until the Sub grantee
takes possession. Prior to possession by the Sub grantee, Seller agrees to promptly give written
notice to the Sub grantee 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 Sub grantee 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 her or incurred by any other occupants prior to the Closing Date.
15.
T AXES: 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 of the most recent tax figure for the Property
shall be divided by 12 to determine the amount oftax 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.
Book 00935:1901 Augusta - Richmond Coun
2004031044 06/23/~004 16:00:4~.01
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 Sub grantee 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 OR 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: (1)
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 Sub grantee over the
Book 00935:1902 Augusta - Richmond County
2004031044.06/23(2004 16:00:46.01
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 Sub grantee 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.
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 Sub grantee's attorney incurred by the
Book 00935:1903 Augusta - Richmond County
2004031044 06/23/2004 16:00:46.01
Subgrantee to enforce this provision) asserted against or incurred by the Sub grantee 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 Sub grantee 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 Sub grantee in its sole and
unreviewable discretion determines that hazardous wastes or hazardous substances are present on
any portion of the Property, the Sub grantee 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 Sub grantee 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 Sub grantee to accept the
Book 00935:1904 Augusta - Richmond County
2004031044' 06/23/2004 16:00:46.01
terms of this Contact, 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
pern1anently 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 25th day of May, 2004, the parties hereto agree to the
terms contained herein.
(SEAL)
Book 00935:1905 Augusta - Richmond County
2004031044 06/23/2004 16:00:46.01
Exhibit "1"
BilL OF
SAT ,F.
I, Bertha L. Henderson. the hereinafter "Seller," for good and valuable consideration,
receipt of which is hereby acknowledged, do hereby sell, convey, assign, transfer and release to
Augusta. Georgia (alk/a Augusta-Richmond County), all the Seller's right, title, and interest in
all fixtures, improvements, and personal property located on the Property at 469 Boy Scout
Road, Augusta, Georgiaand legally described as:
ALL of that lot. parcel, or tract of land together with all improvements thereon,
situate, lying and being in the l269th District G.M. of Richmond County, Georgia,
and fronting a distance of 125 feet on the West side of Boy Scout Road and
extending back on its southern boundary line a distance of 150 feet and on its
northern boundary line a distance of 162 feet to a rear width of 61.3 feet.
Said property is more particularly shown on a plat prepared by Billy B. Beazley
dated May 30. 1967. and recorded in the Office of the Clerk of the Superior Court
of Richmond County. Georgia. in Realty Book 33-2, page 874, to which reference
is hereby made for a more accurate description as to the metes, bounds, and
location of said property, and by reference hereto hereby made a part hereof.
Said property is known under the present system of house-numbering in use in the
City of Augusta. Richmond County, Georgia. as 469 Boy Scout Road.
This conveyance is made subiect to any Protective Covenants and/or other
restrictions or easement of record in said Clerk's Office which might be applicable
to said property.
Free and clear of all liens, encumbrances, reservations, exceptions, and modifications.
Book 00935:1906 Augusta - Richmond Coun
2004031044 0~/23/2P04 16:00:4~.01
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.
This the 25th day of May, 2004.
R((~~~ J-JJ~
Bertha L. Henderson
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Book 00935:1907 Augusta - Richmond County
200403104406/23/2004 16:00:46.01
Exhibit "2"
SUBGRANTEE'S RIGHT TO ENTER AND INSPECT AND NOTICE OF
INTENT TO
TAKE SOIL BORING-AND GROUND WATER SAMPLES
The undersigned owner of the following described prope11y commonly known as 469 Boy Scout
Road. Augusta. Georgia, and legally described as:
ALL of that lot, parcel. or tract of land together with all improvements thereon,
situate. lying and being in the 1269111 District G.M. of Richmond County. Georgia.
and fronting a distance of ] 25 feet on the West side of Boy Scout Road and
extending back on its southem boundary line a distance of 150 feet and on its
northem boundary line a distance of 162 feet to a rear width of 6].3 feet.
Said property is more particularly shown on a plat prepared by Billv B. Beazlev
dated May 30, 1967. and recorded in the Office of the Clerk of the Superior Court
of Richmond County, Georgia. in Realty Book 33-Z, page 874. to which reference
is hereby made for a more accurate description as to the metes. bounds. and
location of said property, and by reference hereto hereby made a part hereof.
Said property is known under the present system of house-numbering in use in the
City of Augusta. Richmond County, Georgia. as 469 Boy Scout Road.
This conveyance is made subiect to any Protective Covenants and/or other
restrictions or easement of record in said Clerk's Office which might be applicable
to said property.
Hereby grant to Augusta, Georgia (a/k1a 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.
Book 00935:1908 Augusta'- Richmond County
200403104406/23/2004 16:00:46.01
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.
This the 25th day of May, 2004.
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Bertha L. enderson
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Book 00935:1909 Augusta ~ Richmond County
2004031044 06/23/2004 16:00:46.01
Exhibit "3"
CERTIFICATE OF REMOVAL OF PERSONAL PROPERTY AND DEBRIS
I, Bertha L. Henderson. owner of the Property commonly referred to as 469 Boy Scout Road,
Augusta, Georgia, hereby state that I 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 I
relinquish any further claim thereto.
This the 25th day of May, 2004.
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Bertha L. Henderson
Witness my hand and official seal
this 25th day of May, 2004.
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Book 00935:1910 Augusta - Richmond County
2004031044 06/23/2004 16:00:46.01
Exhibit" 4"
DISCLOSURE AND CERTIFICA nON OF FLOOD ASSISTANCE
I, Bertha L. Henderson, is a voluntaty 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 I have received for flood-related damage
from the purchase price of my property.
I hereby certifY that the following is a true and complete disclosure of flood-related assistance I
received in the following categories:
1. FEMA Individual and Family Grant Program assistance for repairs to the Property:
$ !2f
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2. All flood insurance proceeds received after June 20, 2000: $ ;;2 7 J '3. "7 0
3. FEMA Minimal Repairs Assist:ince: $ g
Outstanding balance on any Small Business Administration rp real estate repair and
replacement disaster loans received after June 20, 2000: $
I authorize the ARC EMA to verify the above Duplication of Benefits information with FEMA and
the SBA.
4.
This the 25th day of May, 2004.
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_-_""'",,~ertha L. Henderson
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Book 00935:1911 Augusta - Richmond County
2004031044 06/23/2004 16:00:46.01
Exhibit "5"
CERTIFICATION TO USE FUNDS FOR REPLACEMENT HOUSING
I, Bertha L. Henderson, am 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 my Property under this program must be used expressly for the
purpose of replacement housing.
I hereby represent and warrant that the funds provided to me by Augusta. Georgia for the
acquisition of my property will be used expressly for the purpose of replacement housing.
This the 25th day of May, 2004.
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Bertha L. Henderson
Witness my hand and official seal
t th day of May,2004
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Book 00935:1912 Augusta - Richmond County
2004031 044 06/23/2004 16: 00: 46.01
Exhibit "6"
PROPERTY INVENTORY
I, Bertha L. Henderson, am voluntarily participating in the County of Augusta-Richmond
V oluntary Acquisition Program.
I understand that prior to Closing, Augusta, Georgia must conduct a property inventory for my
Property commonly known as 469 Boy Scout Road, Augusta. Georgia for the purpose of
inspecting the real property which Augusta, Georgia will acquire, the personal propelty which I
must remove prior to Closing, and any hazardous materials which J 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.
This the 25th day of May, 2004.
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Bertha L. Hend rson
Witness my hand and official seal
this 25th day of May, 2004.
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Filed in this office:
Augusta - Richmond County
06/23/2004 16:00:46.01
Elaine C. Johnson
Clerk of Superior Court
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