HomeMy WebLinkAboutCLEO PRESTON TUTT TOM ROBERT TUTT
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Book 01015:2007 Augusta - Richmond County
2005045538 09/26/2005 12:27:13.03
$340 WARRANTY DEED
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2Q05045538 Augusta - Richmond County
Transfer Tax: $3.40
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 l~ of ~"P1p",,~, 2005, between
CLEO PRESTON TUTT, TOM ROBERT TUTT and BEATRICE TUTT, as Parties of
the First Part, and AUGUST A, GEORGIA, a political subdivision of the State of
Georgia, as Party of the Second Part;
WITNESSETH
THAT THE SAID Parties of the First Part, for and in consideration of the sum of
Three Thousand Three Hundred Ninety-Two ($3,392.00) 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 that lot or parcel of land, with all improvements thereon, situated,
lying and being in Richmond County, Georgia, known as Lot No.1 of
Tract 8 of Hollywood Subdivision, all as shown on a plat of said
subdivision recorded in the Office of the Clerk of Superior Court,
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Richmond County, Georgia in Realty Book l6N, page 216, to which
reference is made for a more complete description.
Said property is known and designated as Map 70.4, Parcel 14 under the
system of tax map numbering in Richmond County, Georgia.
And being the same property conveyed to Cleo Preston Tutt and Tom
Robert Tutt by Beatrice Tutt by Warranty Deed dated August 31, 1994,
and recorded in said Clerk's Office on Realty Reel 469, page 2009. Said
Beatrice Tutt having reserved a life estate in and to said property.
Beatrice Tutt joins in this conveyance for the purpose of releasing her life
estate that she reserved in the above described property as provided in that
certain Warranty Deed dated August 31, 1994 and recorded in said Clerk's
Office on Realty Reel 469, page 2009.
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 Parties of the First Part warrant 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 Parties of the First Part.
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IN WITNESS WHEREOF, the Said Parties of the First Part have hereunto set
their hands and seals, the day and year first ab~
~Ja'r
Cleo Pr ston Tutt
~r~f~
Robert Tutt
~ e,;)t.cIt
Beatrice Tutt
SIGNED, SEALED, AND DELIVERED
In the presence of.
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k 01015'2010 Augusta - Richmond County
~~05045538 09/26/2005 12:27:13.03
Exhibit A
"Deed Restrictions"
WITNESSETH
In reference to the property or properties ("Property") conveyed by the Deed
between CLEO PRESTON TUTT, ROBERT TUTT and BEATRICE TUTT participating
in the federally-assisted acquisition project ("the Grantor") and AUGUSTA, GEORGIA,
a political subdivision of the State of Georgia, its successors and assigns ("the Grantee"):
WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance
Act, ("The Stafford Act"), 42 U.S.C. S 5121 et seq., identifies the use of pre-disaster
mitigation grants under S 5133, Pre-Disaster Mitigation ("PDM"), to assist States and
local governments in implementing cost-effective hazard mitigation measures to reduce
injuries, loss oflife, and damage and destruction of property.
WHEREAS, 42 U.S.C. S 5133 provides a process for a local government, through
the State, to apply for federal funds for pre-disaster mitigation assistance to acquire
interests in property, including the purchase of structures in the floodplain, to demolish
and/or remove the structures, and to maintain the use of the Property as open space in
perpetuity;
WHEREAS, Georgia has applied for and been awarded such funding from the
Department of Homeland Security / Federal Emergency Management Agency ("FEMA"),
and has entered into a FEMA-State Pre-Disaster Mitigation Competitive Grant
Agreement ("Grant Agreement"), dated April 27, 2004, and herein incorporated by
reference.
WHEREAS, the Property is located in Augusta, Georgia, Augusta-Richmond
County participates in the National Flood Insurance Program ("NFIP") and is in good
standing with NFIP as of the date of the Deed;
WHEREAS, AUGUSTA, GEORGIA, acting by and through the Augusta-
Richmond County Commission, has applied for and been awarded federal funds pursuant
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to an agreement with Georgia dated April 27, 2004 ("State-Local Agreement") and herein
incorporated by reference;
WHEREAS, the terms of the Stafford Act, Federal program requirements
consistent with 44 C.F.R. 206.434(e), the Grant Agreement, and the State-local
Agreement require that the Grantee agree to conditions that restrict the use of the land to
open space in perpetuity in order to protect and preserve natural floodplain values;
NOW, THEREFORE, the grant is made subject to the following terms and
conditions:
1. Terms. Pursuant to the terms of the Stafford Act, Federal program
requirements consistent with 44 C.F.R. 206.434(e), the Grant Agreement,
and the State-local Agreement, the following conditions and restrictions
shall apply in perpetuity to the Property described in the attached deed and
acquired by the Grantee pursuant to FEMA program requirements
concerning the acquisition of property for open space:
a. Compatible uses. The Property shall be used only for purposes
compatible with open space, recreational, or wetlands management
practices; in general, such uses include parks for outdoor
recreational activities, nature reserves, unimproved permeable
parking lots and other uses consistent with Pre-Disaster Mitigation
Grant Guidance for open space acquisition.
b. Structures. No new structures or improvements shall be erected
on the Property other than:
1. A public facility that is open on all sides and functionally
related to the open space use;
11. A public rest room; or
111. A structure that is compatible with the uses described in
Paragraph 1 (a), above, and approved by the Director in
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writing prior to the commencement of the construction of
the structure.
Any structures built on the Property according to this paragraph
shall be floodproofed or elevated to the Base Flood Elevation plus
one foot of freeboard.
c. Disaster Assistance. No future disaster assistance from any
Federal source for any purpose related to the Property may be
sought, nor will such assistance be provided;
d. Transfer. The Grantee agrees that it shall convey any interest
in the Property only if the Regional Director of FEMA gives prior
approval of the transferee in accordance with this paragraph. The
Grantee may only convey an interest in the Property to another
public entity or to an organization qualified under Section 170(h)
of the Internal Revenue Code of 1954, as amended, and applicable
regulations promulgated thereunder. However, the Grantee may
convey an easement or lease to a private individual or entity for
purposes compatible with the uses described in Paragraph 1 (a),
above, including agriculture, with the prior approval of the
Regional Director.
If title to the Property is transferred to a public entity other than a
qualified state or federal agency with a conservation mission, it
must be conveyed subject to a Conservation Easement that shall be
recorded with the deed and shall incorporate all terms and
conditions set forth herein, including the easement holder's
responsibility to enforce the easement. This shall be accomplished
by one of the following means:
1. The Grantee shall convey, in accordance with section (d),
above, a conservation easement to someone other than the
title holder, or
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11. At the time of title transfer, the Grantee shall retain such
conservation easement, and record it with the deed.
2. Inspection. FEMA, its representatives, and assigns, including Georgia,
shall have the right to enter upon the Property, at reasonable times and
with reasonable notice, for the purpose of inspecting the Property to
ensure compliance with the terms of the grant.
3. Monitoring and Reporting. Every three years on the anniversary date,
the Grantee, through Georgia, shall submit to the FEMA Regional
Director a report certifying that the Grantee has inspected the subject
Property within the month preceding the report, and that the Property
continues to be maintained consistent with the provisions of the grant.
4. Enforcement. If the subject Property is not maintained according to the
terms of the grant, the Grantee, Georgia, and FEMA, its representatives,
and assigns are responsible for taking measures to bring the Property back
into compliance.
a. The State will notify the Grantee in writing and advise the Grantee that
it has 60 days to correct the violation.
b. If the Grantee fails to demonstrate a good faith effort to come into
compliance with the terms of the grant within the 60-day period, the
State shall enforce the terms of the grant by taking any measures it
deems appropriate, including but not limited to bringing an action at
law or in equity in a court of competent jurisdiction.
c. FEMA, its representatives and assigns may enforce the terms of the
grant by taking any measures it deems appropriate, including but not
limited to the following:
1. Requiring transfer of title in accordance with Paragraph
1 (d). The Grantee shall bear the costs of bringing the
Property back into compliance with the terms of the grant;
or
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11. Bringing an action at law or in equity in a court of
competent jurisdiction against the State or the Grantee.
5. Severability. Should any provision of this grant or the application thereof
to any person or circumstances be found to be invalid or unenforceable,
the rest and remainder of the provisions of this grant and their application
shall not be affected and shall remain valid and enforceable.
WITNESS my hand and seal this tlL day 0~005.
GRANTOR:
~
rantor - Cleo Preston Tutt ./
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Grantor - Tom obert Tutt
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Grantor - Beatrice Tutt
SIGNED, SEALED AND DELIVERD
In the presence of:
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Book 01015:2015 Augusta - Richmond County
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WITNESS my hand and official seal this JL day of~, 2005.
SIGNED, SEALED AND DELIVERED
In the presence of:
~.t1:1w uJ t/;~
Unofficial itness
70~ U 7')16>>~
Notary lic
Augusta- Richmond County-Georgia
My Commission Expires:
Notary Public. Columbia County, Georgia
My Commission Expires Aug. 1. 2006
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GRANTEE:
ATTEST:
(SEAL)
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Book 01015:2016 Augusta - Richmond County
2005045538 09/26/2005 12:27:13.03
Return to: County Attorney's Office
701 Greene St., Suite 104
Augusta, Georgia 30901
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 1~ ~ day of~, 2005, by and
between Cleo Preston Tutt, Tom Robert Tutt and Beatrice Tutt herein designated as "Seller", and
Augusta, Georgia (a/k/a Augusta-Richmond County),
WITNESSETH:
WHEREAS, the seller is the owner of certain real property being described as follows:
ALL that lot or parcel of land, with all improvements thereon, situated, lying and
being in Richmond County, Georgia, known as Lot No. 1 of Tract 8 of
Hollywood Subdivision, all as shown on a plat of said subdivision recorded in the
Office of the Clerk of Superior Court, Richmond County, Georgia in Realty Book
l6N, page 216, to which reference is made for a more complete description.
Said property is known and designated as Map 70.4, Parcel 14 under the system
of tax map numbering in Richmond County, Georgia.
And being the same property conveyed to Cleo Preston Tutt and Tom Robert Tutt
by Beatrice Tutt by Warranty Deed dated August 31, 1994, and recorded in said
Clerk's Office on Realty Reel 469, page 2009. Said Beatrice Tutt having reserved
a life estate in and to said property.
Beatrice Tutt ioins in this conveyance for the purpose of releasing her life estate
that she reserved in the above described property as provided in that certain
Warranty Deed dated August 31, 1994 and recorded in said Clerk's Office on
Realty Reel 469, page 2009.
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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.
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 FEMA 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 Subgrantee agrees to purchase all the Seller's right, title, and
interest in the Property for the sum of $3.392.00, payable on the Closing Date, which sum shall
be reduced by any amounts paid by the Subgrantee 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 Sub grantee
for all of Seller's right, title, and interest in the Property.
3.
TITLE: The Subgrantee 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 Subgrantee'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.
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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 Sub grantee, (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 Subgrantee, subject only to Permitted
Exceptions in Paragraph 5. The seller shall further deliver to the Subgrantee 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.
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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 Subgrantee'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 he 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 Subgrantee.
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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 Subgrantee
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) 100-year flood plain
boundaries.
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12.
INSURANCE: Seller agrees to maintain and keep III 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 Subgrantee
takes possession. Prior to possession by the Subgrantee, Seller agrees to promptly give written
notice to the Subgrantee 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 Subgrantee 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.
TAXES: 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 of tax 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.
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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 Sub grantee 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.
APPROV AL 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,
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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 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 Subgrantee 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
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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 Subgrantee's attorney incurred by
the Subgrantee to enforce this provision) asserted against or incurred by the Subgrantee 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 Subgrantee 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
Subgrantee in its sole and umeviewable discretion determines that hazardous wastes or
hazardous substances are present on any portion of the Property, the Subgrantee 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.
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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 Subgrantee has entered this Contract for purchase of the Property pursuant to the
Sub grantee'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 Subgrantee to accept
the 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 permanently 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 "1" (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.
Book 01015:2026 Augusta - Richmond County
2005045538 09/26/2005 12:27: 13.03
IN WITNESS WHEREOF, this the 1k day of~.,+. ,2005, the parties hereto agree
to the terms contained herein.
"",""'~";""''ll'''l''
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~
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~~~
eo Preston Tutt /
J,.~#~
Tom Robert Tutt
~~~J~~
Beatrice Tutt
By:
As Its
ATTEST'
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Book 01015:2027 Augusta - Richmond County
2005045538 09/26/2005 12:27: 13.03
Exhibit" 1 " BllL OF SALE
We, Cleo Preston Tutt, Tom Robert Tutt and Beatrice Tutt, 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 1941 Rozella Road, Augusta, Georgia and legally described as:
ALL that lot or parcel of land, with all improvements thereon, situated, lying and
being in Richmond County, Georgia, known as Lot No. 1 of Tract 8 of
Hollywood Subdivision, all as shown on a plat of said subdivision recorded in the
Office of the Clerk of Superior Court, Richmond County, Georgia in Realty Book
16N, page 216, to which reference is made for a more complete description.
Said property is known and designated as Map 70.4. Parcel 14 under the system
of tax map numbering in Richmond County, Georgia.
And being the same property conveyed to Cleo Preston Tutt and Tom Robert Tutt
by Beatrice Tutt by Warranty Deed dated August 31, 1994, and recorded in said
Clerk's Office on Realty Reel 469, page 2009. Said Beatrice Tutt having reserved
a life estate in and to said property.
Beatrice Tutt ioins in this conveyance for the purpose of releasing her life estate
that she reserved in the above described property as provided in that certain
Warranty Deed dated August 31. 1994 and recorded in said Clerk's Office on
Realty Reel 469, page 2009.
Said property is known under the present system of house-numbering in use in the
City of Augusta-Richmond County, Georgia, as 1941 Rozella 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 01015:2028 Augusta - Richmond County
200504553809/26/2005 12:27:13.03
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 ~ day Of~, 2005.
~~/
. i~~"ff:~-fl.-t;/ .
Tom Robert utt
/tuL~ ~4,Ht -
Beatrice Tutt
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Book 01015:2029 Augusta - Richmond County
200504553809/26/2005 12:27:13.03
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 property commonly known as 1941 Rozella
Road, Augusta, Georgia, and legally described as:
ALL that lot or parcel of land. with all improvements thereon, situated, lying and
being in Richmond County, Georgia, known as Lot No. 1 of Tract 8 of
Hollvwood Subdivision, all as shown on a plat of said subdivision recorded in the
Office of the Clerk of Superior Court, Richmond County, Georgia in Realty Book
16N, page 216, to which reference is made for a more complete description.
Said property is known and designated as Map 70.4. Parcel 14 under the system
of tax map numbering in Richmond County, Georgia.
And being the same property conveyed to Cleo Preston Tutt and Tom Robert Tutt
by Beatrice Tutt by Warranty Deed dated August 31, 1994, and recorded in said
Clerk's Office on Realty Reel 469, page 2009. Said Beatrice Tutt having reserved
a life estate in and to said property.
Beatrice Tutt ioins in this conveyance for the purpose of releasing her life estate
that she reserved in the above described property as provided in that certain
Warranty Deed dated August 3 L 1994 and recorded in said Clerk's Office on
Realty Reel 469. page 2009.
Said property is known under the present system of house-numbering in use in the
City of Augusta-Richmond County. Georgia, as 1941 Rozella 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 01015:2030 Augusta - Richmond County
200504553809/26/2005 12:27:13.03
Hereby grant to Augusta, Georgia (alk/a 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.
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 ~ day of~, 2005.
tAP~JurA
Cleo Preston Tutt
.:t.:. k~ ~
Tom Robert Tutt
rL,aZ;;;i; f!. ~
Beatrice Tutt
Witness my hand and official seal
this 1 day of~, 2005.
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Book 01015:2031 Augusta - Richmond County
2005045538 09/26/2005 12:27:13.03
Exhibit "3"
CERTIFICATE OF REMOVAL OF PERSONAL PROPERTY AND DEBRIS
We, Cleo Preston Tutt, Tom Robert Tutt and Beatrice Tutt, owners of the Property commonly
referred to as 1941 Roazella Road, Augusta, Georgia, hereby state that we 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. We further declare that all personal property remaining on
the premises is hereby abandoned and we relinquish any further claim thereto.
This the ~ day of., 2005.
(l A/3u,~ Jor-
Cleo Preston Tutt /
~~~
Tom obert Tutt
;a~~~ .-j-L~
Beatrice Tutt
-----
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Book 01015:2032 Augusta - Richmond County
2005045538 09/26/2005 12:27: 13.03
Exhibit "4"
DISCLOSURE AND CERTIFICATION OF FLOOD ASSISTANCE
We, Cleo Preston Tutt, Tom Robert Tutt and Beatrice Tutt, are voluntary participants in the County
of Augusta-Richmond Voluntary Acquisition Program.
We 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 we have received for flood-related
damage from the purchase price of our property.
We hereby certifY that the following is a true and complete disclosure of flood-related
assistance we received in the following categories:
1. FEMA Individual and Family Grant Program assistance for repairs to the Property:
$ ~
2. All flood insurance proceeds received after June 20, 2000: $ JlJ
3. FEMAMinimal Repairs Assistance: $ 05
/
4. Outstanding balance on any Small Business Administration (SBA) real estate repair and
replacement disaster loans received after June 20, 2000: $ as
,
WE authorize the ARC EMA to verifY the above Duplication of Benefits information with
FEMA and the SBA
Book 01015:2033 Augusta - Richmond County
200504553809/26/2005 12:27:13.03
This the k day Of~ 2005.
(J 4Bt J;;;Jp;:-
Cleo Preston Tutt
~~
Tom Robert Turr
/il-€~ e...L~
Beatrice Tutt
Witness my hand and official seal
this ~ day of ~2005.
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Book 01015:2034 Augusta - Richmond County
200504553809/26/2005 12:27:13.03
Exhibit "5"
CERTIFICATION TO USE FUNDS FOR REPLACEMENT HOUSING
We, Cleo Preston Tutt, Tom Robert Tutt and Beatrice Tutt, are voluntarily participating in the
County of Augusta-Richmond Voluntary Acquisition Program. We understand and agree that
Augusta. Georgia's funds designated for the purchase of our Property under this program must
be used expressly for the purpose of replacement housing.
We hereby represent and warrant that the funds provided to us by Augusta, Georgia for the
acquisition of our property will be used expressly for the purpose of replacement housing.
This the lIL day ofM, 2005.
(lLf~..]dff
Cleo Presum Tutt f-
Jr-~~
Tom Robert Tutt
~e~.-~
Beatrice Tutt
Witness my hand and official seal
thi day of St-,~, 2005.
~w~~iIO"''l,\
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Book 01015:2035 Augusta - Richmond County
200504553809/26/2005 12:27:13.03
Exhibit "6"
PROPERTY INVENTORY
We, Cleo Preston Tutt, Tom Robert Tutt and Beatrice Tutt, are voluntarily participating in the
County of Augusta-Richmond Voluntary Acquisition Program.
We understand that prior to Closing, Augusta, Georgia must conduct a property inventory for
our Property commonly known as 1941 Rozella Road, Augusta. Georgia for the purpose of
inspecting the real property which Augusta, Georgia will acquire, the personal property which
we must remove prior to Closing, and any hazardous materials which we must remove from the
property prior to Closing.
We 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 U day Of~, 2005.
~LJ~JwI-
Cleo Preston Tutt ./
.LI(~
Tom Robert Tutt
a~~ ~~
'Beatrice Tutt
/S:i,.~1;,"'\
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Filed in this office:
Augusta - Richmond County
09/26/2005 12:27:13.03
-ElaineC-:-Johnson-- - - - -
Clerk of Superior Court
"
Book 01015:1978 Augusta - Richmond County
200504553709/26/200512:27:13.02
$3.40 WARRANTY DEED
1111111111111111I11111111I1111111111111111111111111111111111
2005045537 Augusta - Richmond County
Transfer Tax: $3.40
Return to: County Attorney's Office
70 I Greene St., Suite 104
Augusta, Georgia 30901
WARRANTY DEED
STATE OF GEORGIA
COUNTY OF RICHMOND
THIS INDENTURE, made and entered into this VL of~2005, between
CLEO PRESTON TUTT, TOM ROBERT TUTT and BEATRICE TUTT, as Parties of
the First Part, and AUGUSTA, GEORGIA, a political subdivision of the State of
Georgia, as Party of the Second Part;
WITNESSETH
THAT THE SAID Parties of the First Part, for and in consideration of the sum of
Three Thousand Three Hundred Ninety-Two ($3,392.00) 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 that lot or parcel of land, with all improvements thereon, situated,
lying and being in Richmond County, Georgia, known as Lot No.2 of
Tract 8 of Hollywood Subdivision, all as shown on a plat of said
subdivision recorded in the Office of the Clerk of Superior Court,
4
-
Book 01015:1979 Augusta - Richmond County
200504553709/26/2005 12:27:13.02
Richmond County, Georgia in Realty Book 16N, page 216, to which
reference is made for a more complete description.
Said property is known and designated as Map 70.4, Parcel 15 under the
system oftax map numbering in Richmond County, Georgia.
And being the same property conveyed to Cleo Preston Tutt and Tom
Robert Tutt by Beatrice Tutt by Warranty Deed dated August 31, 1994,
and recorded in said Clerk's Office on Realty Reel 469, page 2009. Said
Beatrice Tutt having reserved a life estate in and to said property.
Beatrice Tutt joins in this conveyance for the purpose of releasing her life
estate that she reserved in the above described property as provided in that
certain Warranty Deed dated August 31, 1994 and recorded in said Clerk's
Office on Realty Reel 469, page 2009.
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 Parties of the First Part warrant 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 Parties of the First Part.
Book 01015:1980 Augusta - Richmond County - '.
200504553709/26/2005 12:27:13.02
IN WITNESS WHEREOF, the Said Parties of the First Part have hereunto set
their hands and seals, the day and year first above written.
;; ~fJ~~
clro Preston TUlttt-
~ ~ eld-~_ -
Tom Robert Tutt
SIGNED, SEALED, AND DELIVERED
In the presence of.
~~,~
Beatrice Tutt
-"'~''''''''''
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nd County, Georgia ~ : ~ -'- : ~
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fl, '-;(. .... Nov. 12.,....A. .,
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Book 01015:1981 Augusta - Richmond County
200504553709/26/2005 12:27:13.02
Exhibit A
"Deed Restrictions"
WITNESSETH
In reference to the property or properties ("Property") conveyed by the Deed
between CLEO PRESTON TUTT, ROBERT TUTT and BEATRICE TUTT participating
in the federally-assisted acquisition project ("the Grantor") and AUGUSTA, GEORGIA,
a political subdivision of the State of Georgia, its successors and assigns ("the Grantee"):
WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance
Act, (''The Stafford Act"), 42 U.S.C. S 5121 et seq., identifies the use of pre-disaster
mitigation grants under S 5133, Pre-Disaster Mitigation ("PDM"), to assist States and
local governments in implementing cost-effective hazard mitigation measures to reduce
injuries, loss of life, and damage and destruction of property.
WHEREAS, 42 U.S.C. S 5133 provides a process for a local government, through
the State, to apply for federal funds for pre-disaster mitigation assistance to acquire
interests in property, including the purchase of structures in the floodplain, to demolish
and/or remove the structures, and to maintain the use of the Property as open space in
perpetuity;
WHEREAS, Georgia has applied for and been awarded such funding from the
Department of Homeland Security / Federal Emergency Management Agency ("FEMA"),
and has entered into a FEMA-State Pre-Disaster Mitigation Competitive Grant
Agreement ("Grant Agreement"), dated April 27, 2004, and herein incorporated by
reference.
WHEREAS, the Property is located in Augusta, Georgia, Augusta-Richmond
County participates in the National Flood Insurance Program ("NFIP") and is in good
standing with NFIP as of the date of the Deed;
WHEREAS, AUGUSTA, GEORGIA, acting by and through the Augusta-
Richmond County Commission, has applied for and been awarded federal funds pursuant
Book 01015:1982 Augusta - Richmond County
200504553709/26/2005 12:27:13.02
to an agreement with Georgia dated April 27, 2004 ("State-Local Agreement") and herein
incorporated by reference;
WHEREAS, the terms of the Stafford Act, Federal program requirements
consistent with 44 C.F.R. 206.434(e), the Grant Agreement, and the State-local
Agreement require that the Grantee agree to conditions that restrict the use of the land to
open space in perpetuity in order to protect and preserve natural floodplain values;
NOW, THEREFORE, the grant is made subject to the following terms and
conditions:
1. Terms. Pursuant to the terms of the Stafford Act, Federal program
requirements consistent with 44 C.F.R. 206.434(e), the Grant Agreement,
and the State-local Agreement, the following conditions and restrictions
shall apply in perpetuity to the Property described in the attached deed and
acquired by the Grantee pursuant to FEMA program requirements
concerning the acquisition of property for open space:
a. Compatible uses. The Property shall be used only for purposes
compatible with open space, recreational, or wetlands management
practices; in general, such uses include parks for outdoor
recreational activities, nature reserves, unimproved permeable
parking lots and other uses consistent with Pre-Disaster Mitigation
Grant Guidance for open space acquisition.
b. Structures. No new structures or improvements shall be erected
on the Property other than:
1. A public facility that is open on all sides and functionally
related to the open space use;
11. A public rest room; or
111. A structure that is compatible with the uses described in
Paragraph 1 (a), above, and approved by the Director in
Book 01015:1983 Augusta - Richmond County
2005045537 09/26/2005 12:27: 13.02
writing prior to the commencement of the construction of
the structure.
Any structures built on the Property according to this paragraph
shall be floodproofed or elevated to the Base Flood Elevation plus
one foot of freeboard.
c. Disaster Assistance. No future disaster assistance from any
Federal source for any purpose related to the Property may be
sought, nor will such assistance be provided;
d. Transfer. The Grantee agrees that it shall convey any interest
in the Property only if the Regional Director of FEMA gives prior
approval of the transferee in accordance with this paragraph. The
Grantee may only convey an interest in the Property to another
public entity or to an organization qualified under Section 170(h)
of the Internal Revenue Code of 1954, as amended, and applicable
regulations promulgated thereunder. However, the Grantee may
convey an easement or lease to a private individual or entity for
purposes compatible with the uses described in Paragraph 1 (a),
above, including agriculture, with the prior approval of the
Regional Director.
If title to the Property is transferred to a public entity other than a
qualified state or federal agency with a conservation mission, it
must be conveyed subject to a Conservation Easement that shall be
recorded with the deed and shall incorporate all terms and
conditions set forth herein, including the easement holder's
responsibility to enforce the easement. This shall be accomplished
by one of the following means:
1. The Grantee shall convey, in accordance with section (d),
above, a conservation easement to someone other than the
title holder, or
Book 01015:1984 Augusta - Richmond County
2005045537 09/26/2005 12:27: 13. 02
11. At the time of title transfer, the Grantee shall retain such
conservation easement, and record it with the deed.
2. Inspection. FEMA, its representatives, and assigns, including Georgia,
shall have the right to enter upon the Property, at reasonable times and
with reasonable notice, for the purpose of inspecting the Property to
ensure compliance with the terms of the grant.
3. Monitoring and Reporting. Every three years on the anniversary date,
the Grantee, through Georgia, shall submit to the FEMA Regional
Director a report certifying that the Grantee has inspected the subject
Property within the month preceding the report, and that the Property
continues to be maintained consistent with the provisions of the grant.
4. Enforcement. If the subject Property is not maintained according to the
terms of the grant, the Grantee, Georgia, and FEMA, its representatives,
and assigns are responsible for taking measures to bring the Property back
into compliance.
a. The State will notify the Grantee in writing and advise the Grantee that
it has 60 days to correct the violation.
b. If the Grantee fails to demonstrate a good faith effort to come into
compliance with the terms of the grant within the 60-day period, the
State shall enforce the terms of the grant by taking any measures it
deems appropriate, including but not limited to bringing an action at
law or in equity in a court of competent jurisdiction.
c. FEMA, its representatives and assigns may enforce the terms of the
grant by taking any measures it deems appropriate, including but not
limited to the following:
1. Requiring transfer of title in accordance with Paragraph
l(d). The Grantee shall bear the costs of bringing the
Property back into compliance with the terms of the grant;
or
Book 01015:1985 Augusta - Richmond County
200504553709/26/2005 12:27:13.02
11. Bringing an action at law or in equity in a court of
competent jurisdiction against the State or the Grantee.
5. Severability. Should any provision of this grant or the application thereof
to any person or circumstances be found to be invalid or unenforceable,
the rest and remainder of the provisions of this grant and their application
shall not be affected and shall remain valid and enforceable.
WITNESS my hand and seal this Jl"Jay O~005.
GRANTOR:
rv#~duir
Grantor - leo Preston Tutt /
~or'?L~
----
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Grantor - Beatrice Tutt
;~~~(~~~\\
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Book 01015:1986 Augusta - Richmond cou~;-
200504553709/26/2005 12:27:13.02
WITNESS my hand and official seal this J!!.- day O~05.
GRANTEE:
SIGNED, SEALED AND DELIVERED
In the presence of:
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Book 01015:1987 Augusta - Richmond County
2005045537 09/26/2005 12:27:13.02
Return to: County Attorney's Office
701 Greene St., Suite 104
Augusta, Georgia 30901
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 ~ day ~2005, by and
between Cleo Preston Tutt, Tom Robert Tutt and Beatrice Tutt herein designated as "Seller", and
Augusta, Georgia (a/k/a Augusta-Richmond County),
WITNESSETH:
WHEREAS, the seller is the owner of certain real property being described as follows:
ALL that lot or parcel of land, with all improvements thereon, situated, lying and
being in Richmond County, Georgia, known as Lot No. 2 of Tract 8 of
Hollvwood Subdivision, all as shown on a plat of said subdivision recorded in the
Office of the Clerk of Superior Court, Richmond County, Georgia in Realty Book
16N, page 216, to which reference is made for a more complete description.
Said property is known and designated as Map 70.4, Parcel 15 under the system
of tax map numbering in Richmond County, Georgia.
And being the same property conveyed to Cleo Preston Tutt and Tom Robert Tutt
by Beatrice Tutt by Warranty Deed dated August 31, 1994, and recorded in said
Clerk's Office on Realty Reel 469, page 2009. Said Beatrice Tutt having reserved
a life estate in and to said property.
Beatrice Tutt ioins in this conveyance for the purpose of releasing her life estate
that she reserved in the above described property as provided in that certain
Warranty Deed dated August 31, 1994 and recorded in said Clerk's Office on
Realty Reel 469, page 2009.
Book 01015:1988 Augusta - Richmond co~nty
2005045537 09/26/2005 12:27.13.02
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.
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 FEMA 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 Subgrantee agrees to purchase all the Seller's right, title, and
interest in the Property for the sum of $3,392.00, payable on the Closing Date, which sum shall
be reduced by any amounts paid by the Subgrantee 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 lOB. 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 Subgrantee 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 Subgrantee'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 01015:1989 Augusta - Richmond County
2005045537 09/26/2005 12: 27: 13.02
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 Subgrantee, 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 01015:1990 Augusta - Richmond County
200504553709/26/2005 12:27:13.02
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 Subgrantee's interest under this Contract.
REMOV AL 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
Sub grantee 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 he and all
other current occupants vacate the Property prior to the Closing Date.
10.
APPLICATION OF PURCHASE PRICE, DEDUCTIONS, FOR FLOOD
ASSISTANCE RECEIVED.
A. Prior to disbursing payment to the Seller, the Subgrantee 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 Subgrantee.
Book 01015:1991 Augusta - Richmond County
200504553709/26/2005 12:27:13.02
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) 100-year flood plain
boundaries.
-
Book 01015:1992 Augusta - Richmond County
200504553709/26/2005 12:27:13.02
12.
INSURANCE: Seller agrees to maintain and keep III 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 Subgrantee, Seller agrees to promptly give written
notice to the Subgrantee 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 of tax 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 01015:1993 Augusta - Richmond c~~~~ -
200504553709/26/2005 12:27:13.02
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 Subgrantee 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.
APPRO V AL 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,
Book 01015:1994 Augusta - Richmond County
2005045537 09/26/2005 12:27:13.02
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 Subgrantee over the 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 Subgrantee 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
Book 01015:1995 Augusta - Richmond County
200504553709/26/2005 12:27:13.02
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 Subgrantee's attorney incurred by
the Subgrantee to enforce this provision) asserted against or incurred by the Subgrantee 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 Subgrantee 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
Subgrantee in its sole and umeviewable discretion determines that hazardous wastes or
hazardous substances are present on any portion of the Property, the Subgrantee 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.
Book 01015:1996 Augusta - Richmond County
200504553709/26/2005 12:27:13.02
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 Subgrantee 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 Subgrantee to accept
the 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 permanently 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 "1" (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.
Book 01015:1997 Augusta - Richmond Coun~ -
200504553709/26/2005 12:27:13.02
IN WITNESS WHEREOF, this the~ day of 0~ 2005, the parties hereto agree
to the terms contained herein. t:Hf
SELLER:
a~~Jtg
Cleo Preston Tull d
.L~h,
Tom Robert Tutt
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Beatrice Tutt
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Book 01015:1998 Augusta - Richmond County
2005045537 09/26/2005 12:27:13.02
Exhibit" 1 " BllL OF SAlE
We, Cleo Preston Tutt, Tom Robert Tutt and Beatrice Tutt, 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 1943 Rozella Road, Augusta, Georgia and legally described as:
ALL that lot or parcel of land, with all improvements thereon, situated, lying and
being in Richmond County, Georgia, known as Lot No. 2 of Tract 8 of
Hollywood Subdivision, all as shown on a plat of said subdivision recorded in the
Office of the Clerk of Superior Court, Richmond County, Georgia in Realty Book
16N, page 216, to which reference is made for a more complete description.
Said property is known and designated as Map 70.4, Parcel 15 under the system
oftax map numbering in Richmond County, Georgia.
And being the same property conveyed to Cleo Preston Tutt and Tom Robert Tutt
by Beatrice Tutt by Warranty Deed dated August 31. 1994, and recorded in said
Clerk's Office on Realty Reel 469, page 2009. Said Beatrice Tutt having reserved
a life estate in and to said property.
Beatrice Tutt ioins in this conveyance for the purpose of releasing her life estate
that she reserved in the above described property as provided in that certain
Warranty Deed dated August 31, 1994 and recorded in said Clerk's Office on
Realty Reel 469, page 2009.
Said property is known under the present system of house-numbering in use in the
City of Augusta-Richmond County, Georgia, as 1943 Rozella 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 01015:1999 Augusta - RiChmon~ C;~;ty- ~
200504553709/26/2005 12:27:13.02
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 thJ (, day ~005.
(l4P~~
Creo Preston Tutt
4.- fl1!O( id /
Tom Robert-- ull - ~
/OL~ C!-~
Beatrice Tutt
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Book 01015:2000 Augusta - Richmond County
2005045537 09/26/2005 12:27:13.02
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 property commonly known as 1943 Rozella
Road, Augusta, Georgia, and legally described as:
ALL that lot or parcel of land, with all improvements thereon, situated, lying and
being in Richmond County, Georgia, known as Lot No. 2 of Tract 8 of
Hollvwood Subdivision, all as shown on a plat of said subdivision recorded in the
Office of the Clerk of Superior Court, Richmond County, Georgia in Realty Book
16N, page 216, to which reference is made for a more complete description.
Said property is known and designated as Map 70.4, Parcel 15 under the system
of tax map numbering in Richmond County, Georgia.
And being the same property conveyed to Cleo Preston Tutt and Tom Robert Tutt
by Beatrice Tutt by Warranty Deed dated August 31, 1994, and recorded in said
Clerk's Office on Realty Reel 469, page 2009. Said Beatrice Tutt having reserved
a life estate in and to said property.
Beatrice Tutt ioins in this conveyance for the purpose of releasing her life estate
that she reserved in the above described property as provided in that certain
Warranty Deed dated August 31. 1994 and recorded in said Clerk's Office on
Realty Reel 469, page 2009.
Said property is known under the present system of house-numbering in use in the
City of Augusta-Richmond County, Georgia, as 1943 Rozella 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 01015:2001 Augusta - Richmond County
2005045537 09/26/2005 12:27:13.02
Hereby grant to Augusta, Georgia (a/k/a 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.
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.
ThisthelfLdaY~005. t!..L.~~ ..jt4r
Cleo Preston Tutt /'
.-t:.. ~~ ~ ///1
Tom~
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Beatrice Tutt
Witness my ~dJ~d ~o!f1cial seal
's.&daYO~05.
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Book 01015:2002 Augusta - Richmond Co~n;; ~ - ~
200504553709/26/2005 12:27:13.02
Exhibit "3"
CERTIFICATE OF REMOVAL OF PERSONAL PROPERTY AND DEBRIS
We, Cleo Preston Tutt, Tom Robert Tutt and Beatrice Tutt, owners of the Property commonly
referred to as 1943 Roazella Road, Augusta, Georgia. hereby state that we 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. We further declare that all personal property remaining on
the premises is hereby abandoned and we relinquish any further claim thereto.
Thisthelk-daY~005. C4~~.J...:tt-
Cleo Preston Tutt /
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Tom~ .
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Beatrice Tutt
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Book 01015:2003 Augusta - Richmond County
2005045537 09/26/2005 12:27:13.02
Exhibit" 4"
DISCLOSURE AND CERTIFICATION OF FLOOD ASSISTANCE
We, Cleo Preston Tutt, Tom Robert Tutt and Beatrice Tutt, are volnntary participants in the County
of Augusta-Richmond V olnn1a1y Acquisition Program.
We nnderstand 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 we have received for flood-related
damage from the purchase price of our property.
We hereby certifY that the following is a true and complete disclosure of flood-related
assistance we received in the following categories:
1. FEMA Individual and Family Grant Program assistance for repairs to the Property:
$.fY
2. All flood insurance proceeds received after June 20, 2000: $ k
3. FEMA Minimal Repairs Assistance: $ ",,--
4. Outstanding balance on any Small Business Administration (SBA) real estate repair and
replacement disaster loans received after June 20, 2000: $ ,.1)'"
WE authorize the ARC EMA to verifY the above Duplication of Benefits information with
FEMAand the SBA
This the -il day Of~005.
WitnjkmYh~ .
thi official seal
s day 0 005.
Book 01015:2004 Augusta - Richmond County
2005045537 09/26/2005 12:27:13.02
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Tom Robert TlllT ~
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ce Tutt
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Book 01015:2005 Augusta - Richmond County
2005045537 09/26/2005 12:27: 13.02
Exhibit "5"
CERTIFICATION TO USE FUNDS FOR REPLACEMENT HOUSING
We, Cleo Preston Tutt, Tom Robert Tutt and Beatrice Tutt, are voluntarily participating in the
County of Augusta-Richmond Voluntary Acquisition Program. We understand and agree that
Augusta. Georgia's funds designated for the purchase of our Property under this program must
be used expressly for the purpose of replacement housing.
We hereby represent and warrant that the funds provided to us by Augusta, Georgia for the
acquisition of our property will be used expressly for the purpose of replacement housing.
This the \1..- da~2005.
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Cleo Preston Tutt .#
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Tom Robert Tutt
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Beatrice Tutt
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Book 01015:2006 Augusta - Richmond County
200504553709/26/2005 12:27:13.02
Exhibit "6"
PROPERTY INVENTORY
We, Cleo Preston Tutt, Tom Robert Tutt and Beatrice Tutt, are voluntarily participating in the
County of Augusta-Richmond Voluntary Acquisition Program.
We understand that prior to Closing, Augusta, Georgia must conduct a property inventory for
our Property commonly known as 1943 Rozella Road, Augusta. Georgia for the purpose of
inspecting the real property which Augusta, Georgia will acquire, the personal property which
we must remove prior to Closing, and any hazardous materials which we must remove from the
property prior to Closing.
We 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 1Ce- day 0~005.
U~~J!-dr
Cleo Preston Tutt /'
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Tom Robert Tutt - -
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Beatrice Tutt
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Filed in this office:
Augusta - Richmond County
09/26/200512:27:13.02
-- ---~
Elaine C. Johnson
Clerk of Superior Court