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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 - Book 00935'1890 Augusta - Richmond County 200403104306/23/200416_00-46_00 $0 00 WARRANTY DEED I Iii/Ii 111111111/11111 ill/llilii lIIi1ilillli/lllliii III/Iii! 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. --841:!ttVdfJi /~~~ Bertha L. Henderson --',....".., _--- i. PLl./. "\ -~fc,.S ........ ~~~,~ _ .' '. "1..._,.". , - .' '. " . ~ ~ ... ". .). , ounty, Georgil f ~.oTAlir \ ~ ~. -.- . "" " . . ~ ~ :~ AUB\Jv J I ".~"'~.(l tOo".... J; t_ ~4t....~~~.1J......~~-/ '~\fIVD co\)~,- ",,""..........'-......... ( Book 00935 '1893 A 2004031 043 0~J~;;2~~m106n~OCOoumy . :46.00 "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, 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: ~~ia~~n~JJ~7 .....~.. . -"la',.,... Yn ~ - ~.. . 1'- . /1A . :,.. J'~ 't, Y Notary'pu c' : : .~ ::. 'Riclw1ond rctJ1n1i-~eorgia '. r'~ IJ il L '\ "-' J - " -... --- -!" . '- " My,:(]Qp1If,\\s~~J.l'Ex pires: Notary' Ptlblic;~COlumbla County, Georgi;,) My Commission Expires Aug. 1, 2006 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 , , :..'. ~';"~~.," "'~"~~<':.~, " . "':.~ . ':h' . U (SEAL) ..;~~} /.\ . ;~~~.-;i\:~:i ". " .1 , t.;,. ').' \;Jt<tt,'t"k . c.~~~~~~\l!~]~ . :. ":.:...., ~ '\' ()~\;" . ....... -....." - . <-:) .: ' \ =' . .' .' Book 00935'1895 Augusta - Richmond County 200403104406/23/200416:00'46_01 $0_00 AGREEMENT I lliilllllll liiil ilill iliil iillllllil Iliil iilll ilill.iiilliil 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 200403104406/23/2.004 16:00:46.01 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 =-'~~"...~~\ ' 'to PLtitl;;'.:~'" - -v,t: "., B hc, te of Gef#(~..'. .....~.;.>:'.~~ mission expires c/I:"S! ~O,Alir"" ~ '- 0 0 io'. ~: __.- : t! ." . ^ ,... 0 ~ ~ \ ""'(JBUv i ~ t ,.. ~ .. ~ r;:,tl".o C!i II "" ~ Of>.c A. '): .. _ \ 111 <r~ '-:l. 'o' 'vov. 12. .. .It....,. "i....'4~ ......... ....'\,~ l~l. 'OND co\)~- -"\\..,-,-,,-,-,- 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. -8~~A-(~J~ Bertha L. enderson .......,.".,.. ~,:, ~ . - 1. PLti ".\~, :..........<c; ..........~I(..i\.l'). , ~...- -. ,~.,~ , ~ ..' ". .,A"'~ f ;" ~.oTAl:ir"\ ~ ~. -"- . '.. r. · . ~ ~ :.. ~l.JB\..\V J ; ',,~...~.<! ~ 'l.('j('j~.., ~ .~ '$-,t .... ov. 1:1...... ~~~... ,~.,ul;...... .-..... ~,,., (\f"/VD -co\l~_-- \,....,,1L~,-- 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. _k~~ Bertha L. Henderson Witness my hand and official seal this 25th day of May, 2004. -_....""''''\ --~~s T. p{lJ, ,,_ ," ~ ......... ~k.-. , ....: .. .. 'r.t\. . " ':,T-.o .. '\'). . '" o. ... ~ # : i ~OTA--9 \ ~ ~: -'- ~: ~ ~ ~ JO : ~ ~~... ~ UBl\C, .: I. ~t c:}_.. ~ ~ ... 'll'; t.- ~- ..~.~ov. 12.. 'l.~~.. (:j '" ,-"OA. ....... ~-4.,~ _\\,v'O CO\,)~ _-- ,,,,,,,,,,,,,,,- 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 c 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. --B~Ji~ _-_""'",,~ertha L. Henderson --....'21 t. PLlJ~. \_ :'......"{"t# ......... 'V~ '. , -~. .. ....~ . ~ ")~.... .'. ~. f .. ...,OT A b ... ,~ iI! : ,-- rfj.. ~ ~ ~. -.- : ~ " . ~ .,. ~ ~ \. lIBL\V f J '; ~ ..~.o c'l .. c7' t.1!,_ ..~...."ov. 12. ~~..._, ~ . '''''0 ....... ~~'- ',~~~D co\)~_-~ \."~'''4-,-- 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. Jjb1~~W~ Bertha L. Henderson Witness my hand and official seal t th day of May,2004 --""~\., ---ST. PL.iJ.A~\~ ~ __t..'(;; ......... ,,,~ '" , ~..- -. .,~ If. ".... .... ~ ~; ~ f ~OTA~j, \ ~ ~: -'- : ~ ~ ~ \ 4OUSL.\c, i ! ;,. ?,. ";+-.o ~'\ .' ,'j!' "" "~"A_ .. A. "l;)V. v- "" ,.. - TA_ ..;'ov. lZ. . ..' ., AI ..., .....0 ........ ~""'..~ '~\\~D COU~_--- '-"'''-.................= 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. -8~~~/~ Bertha L. Hend rson Witness my hand and official seal this 25th day of May, 2004. --"~\\,"" --- ,. PLl.l 'lllj ,,#' f<,S ..:..... ~.f-~ ~~~ - .- eo ,....,.,'. ,,, ... ... .,>. f.. II! oJ" e. '; I f ~.o'TAl1r \ ~ ~: -.- : ~ ~ \ ~lJB\.\V j J " ~ ...~.o l:J^'... CS% ~.~_.. . i\.\ '1.~.. _.. III .. TA_ ... 011. 12.... Ji,,-q "" ''''0 ...... ~' - "\ 'ND CO\J _--- "........,,'-'-,- Filed in this office: Augusta - Richmond County 06/23/2004 16:00:46.01 Elaine C. Johnson Clerk of Superior Court o \