HomeMy WebLinkAboutLEON C WARD QUIT CLAIM DEED
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Book 00990:2230 Augusta - Richmond County
200502543505/16/200515:13:26.01
$0.00 QUITCLAIM DEED
1111111111111111I111111111/111/111111111111110/1/1111/1111/
2005025435 Augusta - Richmond County
Return to:
Stephen E. Shepard, County Attorney
Shepard, Plunkett, Hamilton, Boudreaux & Tisdale, LLP
701 Greene St., Suite 104
Augusta, Georgia 30901
STATE OF GEORGIA
)
)
COUNTY OF RICHMOND )
QUIT CLAIM DEED
THIS INDENTURE, made this ~ day of ~ 2005, between AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, acting by and through the AUGUST A-
hereto as Exhibit "A").
That the said Party of the First Part, does release, remise and forever QUIT-CLAIM unto the
Party of the Second Part, his heirs and assigns, all the right, title, interest, claim, or demand which
the Party of the First Part has or may have had in and to the following described property to wit:
All that certain land and improvements thereon more particularly described on
. Exhibit "B" attached hereto and incorporated herein by. reference.
Book 00990:2231 Augusta - Richmond' cotnty.
200502543505/16/2005 15:13:26.01
TOGETHER WITH all the rights, members and appurtenances to the said described
Property in anywise appertaining or belonging.
TO HA VE AND TO HOLD the said described premises to the said Party of the Second
Part, so that neither the said Party of the First Part nor its successors and assigns, nor any other
person or persons claiming under it shall at any time, by any means or ways, have, claim or
demand any right or title to the aforesaid described Property or its appurtenances, or any rights
thereof.
IN WITNESS WHEREOF, the said Party of the First Part has hereunto set its hand and seal,
the day of year above written.
AUGUSTA, GEORGIA
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Signed, sealed and delivered
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Notary PUbl.ie., Columbia County, Georgia
My CommISSion Expires Aug. 1,2006
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Book 00990:2232 Augusta - Richmond ~OU[lty .
2005025435 05/16/2005 15:13:26.01
EXHIBIT "B"
LEGAL DESCRIPTION
THE EASTERN HALF (1/2) OF ALL THAT TRACT OR PARCEL OF LAND AND
IMPROVEMENTS THEREON, LYING AND BEING IN THE 87TH GEORGIA MILITIA
DISTRICT, CITY OF AUGUSTA, RICHMOND COUNTY, GEORGIA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERN RIGHT-OF- WAY LINE OF
7TH STREET (MCINTOSH) AND THE NORTHERN RIGHT -OF- WAY LINE OF BROAD
STREET; THENCE, SOUTH 670 - 28' - 45" EAST A DISTANCE OF 111.86 FEET ALONG
THE NORTHERN RIGHT-OF-WAY LINE OF BROAD STREET TO A POINT; THENCE,
CONTINUING ALONG SAID RIGHT -OF- WAY LINE SOUTH 670 - 36' - 43" EAST A
DISTANCE OF 53.64 FEET TO A BUILDING CORNER; THENCE, CONTINUING ALONG
SAID RIGHT-OF-WAY LINE SOUTH 670 - 41' - 45" EAST A DISTANCE OF 76.16 FEET
TO A BUILDING CORNER LOCATED ON THE WESTERN CORNER OF LEON ALLEY;
THENCE, TURNING AND LEAVING SAID RIGHT-OF WAY LINE ALONG PROPERTY
OF NOW OR FORMERLY 635 BROAD INVESTMENT COMPANY, LLC, AND THE
WESTERN RIGHT-OF-WAY LINE OF LEON ALLEY NORTH 220 - 23' - 13" EAST A
DISTANCE OF 149.00 FEET TO A POINT; THENCE, CONTINUE ALONG SAID RIGHT-
OF-WAY LINE NORTH 220 - 15' - 51" EAST A DISTANCE OF 99.95 FEET TO POINT;
THENCE, CONTINUE ALONG THE WESTERN RIGHT-OF-WAY LINE OF LEON ALLEY
NORTH 230 - 02' - 21" EAST A DISTANCE OF 10.44 FEET TO THE POINT OF
BEGINNING; THENCE, CONTINUE ALONG THE WESTERN RIGHT-OF- WAY OF LEON
ALLEY NORTH 230 - 02' - 21" EAST A DISTANCE OF 10.44 FEET TO A POINT;
THENCE, CONTINUE ALONG THE WESTERN RIGHT -OF- WAY LINE OF LEON ALLEY
NORTH 220 - 27' - 55" EAST A DISTANCE OF 142.53 FEET TO A POINT LOCATED ON
THE SOUTHERN RIGHT-OF WAY LINE OF REYNOLDS STREET; THENCE, TURNING
AND RUNNING ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF REYNOLDS
STREET SOUTH 660 - 45' - 10" EAST A DISTANCE OF 10.00 FEET TO A POINT;
THENCE, TURNING AND LEAVING SAID RIGHT -OF- WAY LINE ALONG PROPERTY
OF MORRIS COMMUNICATIONS COMPANY, LLC AND THE EASTERN RIGHT-OF-
WAY OF LEON ALLEY SOUTH 220 - 27' - 55" WEST A DISTANCE OF 104.00 FEET TO
A POINT; THENCE, CONTINUE ALONG SAID LINE SOUTH 220 - 27' - 55" WEST A
DISTANCE OF 49.58 FEET TO A POINT; THENCE, CONTINUE SOUTH 220 - 17' - 00"
WEST A DISTANCE OF 5.00 FEET TO A POINT; THENCE TURNING AND RUNNING
NORTH 370 - 56' - 31" WEST A DISTANCE OF 11.64 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.036 ACRE.
BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN COMPILED MAP
PREPARED FOR 635 BROAD INVESTMENT CO., LLC BY CRANSTON, ROBERTSON &
WHITEHURST, P.c. DATED AUGUST 18, 2004, REVISED SEPTEMBER 22, 2004,
RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF RICHMOND
COUNTY, GEORGIA IN BOOK --.L, PAGE '\ ~d.. ftc-& ~lA+ eM1l- e...t- C
SL-\ ()'c ('-e '{ r(~t- &-
Book 00990:2233 Augusta - Rictlmond County
2005025435 05/16/2005 15: 13:26.01
EXHIBIT "B" - CONTINUED
BY ACCEPTANCE AND DELIVERY OF THE FOREGOING DEED, GRANTEE AGREES
TO OPEN THE GATE TO LEON'S ALLEY ON BROAD STREET AND THE GATE ON
GRANTEE'S PROPERTY ON 6TH STREET TO PEDESTRIAN TRAFFIC ONLY DURING
THE DAYTIME BUSINESS HOURS ,ON WORK DAYS; PROVIDED SUCH TRAFFIC
SHALL NOT INTERFERE WITH GRANTEE'S USE AND OPERATION OF ITS PARKING
AREAS ADJACENT TO LEON'S ALLEY OR ITS BUSINESS. AT ALL OTHER TIMES,
THE GRANTEE, WILL HAVE THE RIGHT TO KEEP SAID GATES CLOSED AND
LOCKED.
AS REPRESENTED BY ITS AGENT, PAUL SIMON, IN MEETING OF AUGUST 17,2004,
GRANTEE WILL WORK WITH AUGUSTA, GEORGIA ON DEVELOPING
PUBLICIPRIVATE USE OF THE PARKING LOT AND ENTER DISCUSSIONS AT THE
APPROPRIATE TIME AND AGREES TO CONSIDER EACH REQUEST IN GOOD FAITH.
- - ~......
Book 00990:2234 Augusta - R~chrTlond Co.unty
200502543505/16/2005 15:13:26.01
EXHIBIT A
RESOLUTION
FINDING LEON ALLEY AS HAVING CEASED TO BE USED FOR
PUBLIC PURPOSES AND FOR ABANDONMENT OF SAME
WHEREAS, the Augusta-Richmond County Commission resolved by Resolution dated August
17,2004, that the following street in Richmond County, Georgia, has ceased to be used by the public to
the extent that no substantial public purpose is served by it: Leon Alley, beginning at the northern right-
of-way of Broad Street and running to the southern right-of-way of Reynolds Street and containing 0.095
acres, as shown on the attached plat;
WHEREAS, the adjoining property owners to the property described above have been notified of
the August 17, 2004 Resolution, all such adjoining owners having consented to the abandonment petition;
notice of the proposed abandonment has been published in the Augusta Chronide once. a week for a period
of two weeks; and a public hearing on the proposed abandonment has been conducted on November 22,
2004, with no objections being raised as to the abandonment of the street described above;
. WHEREAS, by virtue of the events set forth above, the property identified as Leon Alley,
beginning at the northern right-of-way of Broad Street and running to the southern right-of-way of
Reynolds Street and containing 0.095 acres, as shown on the attached plat, is deemed abandoned and no
longer a part of the Richmond County road system;
WHEREAS, notice has been given to the owners of abutting Leon Alley; and
WHEREAS, ,the adjoining property owners have communicated their desire to exercise their
right to acquire the above described property;
NOW, THEREFORE, it is hereby resolved as follows:
1. It is hereby determined that all requirements of Georgia law for the abandonment of a
county roadway have been met and that the street referred ta in the Augusta-Richmond County
Commission's August 17, 2004 Resolution, and described as Leon Alley, beginning at the northern right-of-
way of Broad Street and running to the southern right-of-way of Reynolds Street and containing 0.095
acres, as shown on the attached plat, is no longer a part of the Richmond Caunty road system.
2. The adjoining property owners, 635 Broad Investment Ca., LLC, Morris Communications
Company, LLC and Leon C. Ward have properly exercised their rights ta acquire the properties described
above.
3. It is further determined that the Mayor of the Augusta, Georgia shall execute a Quit-Claim
Deed and such other documentatian as may reasonably be required, in forms approved by the County
. .
Attorney, conveying all of Augusta's interest in the property, whi~h int~rest is subject ~9_ ~ll ease~er1tS. ?:" .~.
-~~" UUU<lU.L.L.,J.J f"\uyu::m:l - Klcnmoncl ~ounty
2005025435 05/16/2005 15: 13:26.01
record for utilities, to the adjoining property owners.
This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission,
'CCO:;::o:e:~:b~::::~:o:~ounty C07;:_:C~S~~O~;_C.~.~~;;;'~~:.1V~t"'. ,$ ~~\~
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BY: . CNI,/; ::~!1.c"I:,';", J
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ATTEST:
(Seal)
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commissi~n, hereby certify that the above is
a true and correct copy of the ResolUtion adopted by Augusta ~ichmond County
Commission in meeting March 1, 2005.
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1 rk of 0 1ssion
ATTACHMENT
PLAT
Book 00990:2236 Augusta - Richmond, cOeJnty.
2005025435 05/16/2005 15: 13:26.01
Plat is of record in the Office of the Clerk of the Augusta Commission and of record in
the Office of the Clerk of the Superior Court of Richmond County, Georgia at Book 1,
Page 922 and Plat Cabinet C, Slide 147, Plat G.
Filed in this office:
Augusta - Richmond County
05/16/2005 1,5:13:26.01
Elaine C. Johnson'
",. .;1' ~ ~ - - - ~
. . Cierk of Superior Court" '
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Book 00990:2237 Augusta - Richmond County
2005025436 05/16/200515:13:26.02
$0.00 QUITClAIM DEED
1111111111111111/111111111111111/1111111111/1011111111/1111
2005025436 Augusta - Richmond County
Return to:
Stephen E. Shepard, County Attorney
Shepard, Plunkett, Hamilton, Boudreaux & Tisdale, LLP
701Greene St., Suite 104
Augusta, Georgia 30901
STATE OF GEORGIA )
)
COUNTY OF RICHMOND )
QmT CLAIM DEED
THIS INDENTIJRE, made this ~ da~ of Jil\.ahrJ, 2005, between AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, acting by and,through the AUGUSTA-
RICHMOND COUNTY COMMISSION, as Party of the First Part, and 635 BROAD
INVESTMENT CO., LLC, a Georgia limited liability company, of Richmond County, Georgia, as
Party of the Second Part,
WITNESSETH:
That this conveyance is made pursuant to a Resolution duly adopted on M ~Jt\. t
2005, by the Augusta-Richmond County Commission abandoning the property hereinafter
described and authorizing the conveyance of said property (a copy of said Resolution being attached
hereto as Exhibit "A").
That the said Party of the First Part, does release, remise and forever QUIT-CLAIM unto the
Party of the Second Part, its heirs and assigns, all the right, title, interest, claim, or demand which
the Party of the First Part has or may have had in and to the following described property to wit:
;
; .
Book 00990:2238 Augusta - Richmond Co . t
2005025436 05/16/2005 15: 13~2~.62
All that certain land and improvements thereon more particularly described on
Exhibit "B" attached hereto and incorporated herein by reference.
TOGETHER WITH all the rights, members and appurtenances to the said described
Property in anywise appertaining or belonging.
TO HA VE AND TO HOLD the said described premises to the said Party of the Second
Part, so that neither the said Party of the First Part nor its successors and assigns, nor any other
person or persons claiming under it shall at any time, by any means or ways, have, claim or
demand any right or title to the aforesaid described Property or its appurtenances, or any rights
thereof.
IN WITNESS WHEREOF, the said Party of the First Part has hereunto set its hand and seal,
the day of year above written.
~f!I
AUGUSTA, GEORGIA
U.
By:
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(Seal) '."~;':::~}'!i!':i;: ~;~::\}:~>."
Signed, sealed and delivered
In the y.resence of:
~~J~~LJ
(Unofficial ':1n~UCJUP IV
~~_~ '777t9Ptb-kt1i0
Notary Pkblic, State of Georgia
Notary Publ.ic, .Columbi<: County, Georgia
My CommISSIon Expires Aug. 1,2006
"
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, .
Book 00990:2239 Augusta - Richmond County
2005025436 05/16/2005 15: 13:26.02
EXHIBIT "B"
LEGAL DESCRIPTION
THE WESTERN HALF (112) OF ALL THAT TRACT OR PARCEL OF LAND AND
IMPROVEMENTS THEREON, LYING AND BEING IN THE 87TH GEORGIA MILITIA
DISTRICT, CITY OF AUGUSTA, RICHMOND COUNTY, GEORGIA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERN RIGHT-OF- WAY LINE OF
7TH STREET (MCINTOSH) AND THE NORTHERN RIGHT-OF-WAY LINE OF BROAD
STREET; THENCE, SOUTH 670 - 28' - 45" EAST A DISTANCE OF 111.86 FEET ALONG
THE NORTHERN RIGHT -OF- WAY LINE OF BROAD STREET TO A POINT; THENCE,
CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 670 - 36' - 43" EAST A
. DISTANCE OF 53.64 FEET TO A BUILDING CORNER; THENCE, CONTINUING ALONG'
SAID RIGHT-OF-WAY LINE SOUTH 670 - 41' - 45" EAST A DISTANCE OF 76.16 FEET
TO A BUILDING CORNER LOCATED ON THE WESTERN CORNER OF LEON ALLEY,
AND BEING THE POINT OF BEGINNING; THENCE, TURNING AND LEAVING SAID
RIGHT -OF WAY LINE ALONG PROPERTY OF NOW OR FORMERLY 635 BROAD
INVESTMENT COMPANY, LLC, AND THE WESTERN RIGHT-OF-WAY LINE OF LEON
ALLEY NORTH 220 - 23' - 13" EAST A DISTANCE OF 149.00 FEET TO A POINT;
THENCE, CONTINUE ALONG SAID RIGHT-OF-WAY LINE NORTH 220 - 15' - 51"
EAST A DISTANCE OF 99.95 FEET TO POINT; THENCE, CONTINUE ALONG THE
WESTERN RIGHT-OF-WAY LINE OF LEON ALLEY NORTH 230 - 02' - 21" EAST A
DISTANCE OF 10.44 FEET TO A POINT; THENCE, SOUTH 370-56-31" EAST A
DISTANCE OF 11.64 FEET TO A POINT; THENCE, TURNING AND RUNNING ALONG
THE EASTERN RIGHT-OF-WAY LINE OF LEON ALLEY AND PROPERTY NOW OR
FORMERLY LEON C. WARD SOUTH 220 - 17' - 00" WEST A DISTANCE OF 5.00 FEET
TO A POINT; THENCE, CONTINUE ALONG SAID PROPERTY LINE SOUTH 220 - 23' -
34" WEST A DISTANCE OF 248.62 FEET TO A POINT LOCATED ON THE NORTHERN
RIGHT-OF~WAY LINE OF BROAD STREET; THENCE, TURNING AND RUNNING
ALONG THE NORTHERN RIGHT -OF- WAY LINE OF BROAD STREET NORTH 670 - 33'
- 44" WEST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.059 ACRE.
BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN COMPliED MAP
PREPARED FOR 635 BROAD INVESTMENT CO., LLC BY CRANSTON, ROBERTSON &
WHITEHURST, P.C. DATED AUGUST 18, 2004, REVISED SEPTEMBER 22, 2004,
.' RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF RICHMOND
COUNTy,GEORGIAINBOOK~,PAGE~~ Ir~ PlM- ~~j C1
StA O~ \ \.(, P \ tt+G-
TOGETHER WITH THE WESTERN HALF (112) OF ALL THAT TRACT OR PARCEL OF
LAND AND IMPROVEMENTS THEREON, LYING AND BEING IN THE 87TH GEORGIA
MILITIA DISTRICT, CITY OF AUGUSTA, RICHMOND COUNTY, GEORGIA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
-
, -:
Book 00990:2240 Augusta - Richmond County
200502543605/16/2005 15:13:26.02
COMMENCING AT THE INTERSECTION OF THE EASTERN RIGHT -OF- WAY LINE OF
7TH STREET (MCINTOSH) AND THE NORTHERN RIGHT-OF-WAY LINE OF BROAD
STREET; THENCE, SOUTH 670 - 28' - 45" EAST A DISTANCE OF 111.86 FEET ALONG
THE NORTHERN RIGHT-OF-WAY LINE OF BROAD STREET TO A POINT; THENCE,
CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 670 - 36' - 43" EAST A
DISTANCE OF 53.64 FEET TO A BUILDING CORNER; THENCE, CONTINUING ALONG
SAID RIGHT-OF-WAY LINE SOUTH 670 - 41' - 45" EAST A DISTANCE OF 76,16 FEET
TO A BUILDING CORNER LOCATED ON THE WESTERN CORNER OF LEON ALLEY;
THENCE, TURNING AND LEA VINO SAID RIGHT-OF WAY LINE ALONG PROPERTY
OF NOW OR FORMERLY 635 BROAD INVESTMENT COMPANY, LLC, AND THE
WESTERN RIGHT-OF-WAY LINE OF LEON ALLEY NORTH 220 - 23' - 13" EAST A
DISTANCE OF 149.00 FEET TO A POINT; THENCE, CONTINUE ALONG SAID RIGHT-
OF-WAY LINE NORTH 220 - 15' - 51" EAST A DISTANCE OF 99.95 FEET TO POINT;
THENCE, CONTINUE ALONG THE WESTERN RIGHT-OF-WAY LINE OF LEON ALLEY
NORTH 230 - 02' - 21" EAST A DISTANCE OF 10.44 FEET TO THE POINT OF
BEGINNING; THENCE, CONTINUE ALONG THE WESTERN RIGHT-OF- WAY OF LEON
ALLEY NORTH 230 - 02' - 21" EAST A DISTANCE OF 10.44 FEET TO A POINT;
THENCE, CONTINUE ALONG THE WESTERN RIGHT -OF- WAY LINE OF LEON ALLEY
NORTH 220 - 27' - 55" EAST A DISTANCE OF 142.53 FEET TO A POINT LOCATED ON
THE SOUTHERN RIGHT-OF WAY LINE OF REYNOLDS STREET; THENCE, TURNING
AND RUNNING ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF REYNOLDS
STREET SOUTH 660 - 45' - 10" EAST A DISTANCE OF 10.00 FEET TO A POINT;
THENCE, TURNING AND LEAVING SAID RIGHT -OF- WAY LINE ALONG PROPERTY
OF MORRIS COMMUNICATIONS COMPANY, LLC AND THE EASTERN RIGHT -OF-
WAY OF LEON ALLEY SOUTH 220 - 27' - 55" WEST A DISTANCE OF 104.00 FEET TO
A POINT; THENCE, CONTINUE ALONG SAID LINE SOUTH 220 - 27' - 55" WEST A
DISTANCE OF 49.58 FEET TO A POINT; THENCE, CONTINUE SOUTH 220 - 17' - 00"
WEST A DISTANCE OF 5.00 FEET TO A POINT; THENCE TURNING AND RUNNING
NORTH 370 - 56' - 31" WEST A DISTANCE OF 11.64 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.036 ACRE.
BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN COMPILED MAP
PREPARED FOR 635 BROAD INVESTMENT CO., LLC BY CRANSTON, ROBERTSON &
WHITEHURST, P.c. DATED AUGUST 18, 2004, REVISED SEPTEMBER 22, 2004,
RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF RICHMOND
COUNTY, GEORGIA IN BOOK-L, PAGE -Vl Pr~ ?llt+. CltSlt-.-esf C
5Z..-t fJ ~ ['of '7 . PI 't-1-G-.
. -'
I
Rchmond County
Book 00990:2241 Augusta/2- 0'05 15"13:26.02
200502543605/16 .
EXHIBIT "B" - CONTINUED
BY ACCEPTANCE AND DELIVERY OF THE FOREGOING DEED, GRANTEE AGREES
TO OPEN THE GATE TO LEON'S ALLEY ON BROAD STREET AND THE GATE ON
GRANTEE'S PROPERTY ON 6TH STREET TO PEDESTRIAN TRAFFIC' ONLY DURING
THE DA YTlME BUSINESS HOURS ON WORK DA YS; PROVIDED SUCH TRAFFIC
SHALL NOT INTERFERE WITH GRANTEE'S USE AND OPERATION OF ITS PARKING
AREAS ADJACENT TO LEON'S ALLEY OR ITS BUSINESS. AT ALL OTHER TIMES,
THE GRANTEE WILL HAVE THE RIGHT TO KEEP SAID GATES CLOSED AND
LOCKED.
AS REPRESENTED BY ITS AGENT, PAUL SIMON, IN MEETING OF AUGUST 17,2004,
GRANTEE WILL WORK WITH AUGUSTA, GEORGIA ON DEVELOPING
PUBLICIPRIV A TE USE OF THE PARKING LOT AND ENTER DISCUSSIONS AT THE
APPROPRIATE TIME AND AGREES TO CONSIDER EACH REQUEST IN GOOD FAITH.
. '
Book 00990:2242 Augusta - Richmond County
2005025436 05/16/2005 15: 13:26.02
EXHIBIT A
RESOLUTION
FINDING LEON ALLEY AS HAVING CEASED TO BE USED FOR
PUBLIC PURPOSES AND FOR ABANDONMENT OF SAME
WHEREAS, the Augusta-Richmond County Commission resolved by Resolution dated August
17, 2004, that the following street in Richmond County, Georgia, has ceased to be used by the public to
the extent that no substantial public purpose is served by it: Leon'Alley, beginning at the northern right-
of-way of Broad Street and running to the southern right-of-way of Reynolds Street and containing 0.095
acres, as shown on the attached plat;
WHEREAS, the adjoining property owners to the property described above have been notified of
the August 17, 2004 Resolution, all such adjoining owners having consented to the abandonment petition;
notice of the proposed abandonment has been published in the Augusta Chronide once a week for a period
of two weeks; and a public hearing on the proposed abandonment has been conducted on November 22,-
2004, with no objections being raised as to the abandonment of the street described above;
-WHEREAS, by virtue of the events set forth above, the property identified as Leon Alley,
beginning at the northern right-of-way of Broad Street and running to the southern right-of-way of
Reynolds Street and containing 0.095 acres, as shown on the attached plat, is deemed abandoned and no
longer a part oE the Richmond County road system;
WHEREAS, notice has been given to the owners of abutting Leon Alley; and
WHEREAS, . the adjoining property owners have communicated their desire to exercise their
right to acquire the above described property;
NOW, THEREFORE, it is hereby resolved as follows:
1. It is hereby determined that all requirements of Georgia law for the abandonment of a
county roadway have been met and that the street referred to in the Augusta-Richmond County
Commission's August 17, 2004 Resolution, and described as Leon Alley, beginning at the northern right-of-
way of Broad Street and running to the southern right-oE-way of Reynolds Street and containing 0.095
acres, as shown on the attached plat, is no longer a part of the Richmond County road system.
2. The adjoining property owners, 635 Broad Investment Co., LLC, Morris Communications
Company, LLC and Leon C. Ward have properly exercised their rights to acquire the properties described
above.
3. It is further determined that the Mayor of the Augusta, Georgia shall execute a Quit-Claim
Deed and such other documentation as may reasonably be required, in forms approved by the County
, " -
Atto_~~ey, conveyirig all SJf August~:S interest'in the propert}T, w~ch interest is subject to all easements' of
"
. .
Book 00990:2243 Augusta - Richmond Coul1ty .
200502543605/16/2005 15:13:26.02'
record for utilities, to the adjoining property owners.
This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission;
accompanied. by the exhibits referred to herein.
Duly adopted by the Augusta-Richmond County Commission, this j.sl- day of~rab 2005.
Augusta-Richmond County Commission /. J ~ ~~,~
BY: 1>>t, c... ,. }.. ~ ,\'-'<
~.\i 'Ma.'
11/;. I.
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ATTEST:
'.J<,
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(Seal)
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CERTIFICATION:
e,," f'-, e <; ~ ~ ") <:"
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I, Nan:y W. Morawski, Deputy Clerk of Commission, hereby certify that the
a~ove 1S a true and correct copy of the Resolution adopted by Augusta
R1chmond County Commission in meeting March 1, 2005.
-/)~-Gf- M >7?~awlA;
Deputy Cl . of Commission
f" _ . :
.
Book 00990:2223 Augusta - Richmond County
2005025434 05/16/2005 15:13:26.00 .
$0.00 QUITCLAIM DEED
111111111111 1111I1111111111 11111 11111111I11111111I11 111/1111
2005025434 Augusta - Richmond County
Return to:
Stephen E. Shepard, County Attorney
Shepard, Plunkett, Hamilton, Boudreaux & Tisdale, LLP
701 Greene St., Suite 104
Augusta, Georgia 30901 .
STATE OF GEORGIA' )
)
COUNTY OF RICHMOND )
. TIllS INDENTURE, made this jS+day of ~ 2005, between AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, acting by and through the AUGUSTA-
QUIT CLAIM DEED
RICHMOND COUNTY COMMISSION, as Party of the First Part, and MORRIS
COMMUNICA nONS COMPANY, LLC, a Georgia limited liability company, of Richmond
County, Georgia, as Party of the Second Part,
WITNESSETH:
That this conveyance is made pursuant to a Resolution duly adopted on ~,
2005, by the Augusta-Richmond County Commission abandoning the property hereinafter
described and authorizing the conveyance of said property (a copy of said Resolution being attached
hereto as Exhibit "A").
That the said Party of the First Part, does release, remise and forever QUIT-CLAIM unto the
Party of the Second Part, its heirs and assigns, all the right, title, interest, claim, or demand which
the Party of the First Part has or may have had in and to the following described property to wit:
Book 00990:2224 Augusta - Richmpnd cO':lnty
200502543405/16/2005 15:13:26.00
All that certain land and improvements thereon more particularly described on
Exhibit "B" attached hereto and incorporated herein by reference.
TOGETHER WITH all the rights, members and appurtenances to the said described
Property in anywise appertaining or belonging.
TO HA VE AND TO HOLD the said described premises to the said Party of the Second
Part, so that neither the said Party of the First Part nor its successors and assigns, nor any other
person or persons claiming under it shall at any time, by any means or ways, have, claim or
demand any right or title to the aforesaid described Property or its appurtenances, or any rights
thereof.
IN WITNESS WHEREOF, the said Party of the First Part has hereunto set its hand and seal,
the day of year above written.
~$}'
(Seal)
Signed, sealed and delivered
w;;nceo
(Unoffi.cial;,.Witnes,
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N6tary Public,' columbia;:p!>U.p~. GeorgIa
M~.~9?,ml~<1'J1~R'e~:~S: 1. 2006
.";.:':'~;j.~X:~~E?::~i;::~~")'..'.'"
Book 00990:2225 Augusta - Ri~hmoj,d County
200502543405/16/2005 15:13:26.00
EXHIBIT "B"
LEGAL DESCRIPTION
THE EASTERN HALF (112) OF ALL THAT TRACT OR PARCEL OF LAND AND
IMPROVEMENTS THEREON, LYING AND BEING IN THE 87TH GEORGIA MILITIA
DISTRICT, CITY OF AUGUSTA, RICHMOND COUNTY, GEORGIA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERN RIGHT-OF-WAY LINE OF
7TH STREET (MCINTOSH) AND THE NORTHERN RIGHT-OF-WAY LINE OF BROAD
STREET; THENCE, SOUTH 670 - 28' - 45" EAST A DISTANCE OF 111.86 FEETALONG
THE NORTHERN RIGHT-OF-WAY LINE OF BROAD STREET TO A POINT; THENCE,
CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 670 - 36' - 43" EAST A
DISTANCE OF 53.64 FEET TO A BUILDING CORNER; THENCE, CONTINUING ALONG
SAID RIGHT-OF-WAY LINE SOUTH 670 -41' - 45" EAST A DISTANCE OF 76.16 FEET
TO A BUILDING CORNER LOCATED ON THE WESTERN CORNER OF LEON ALLEY;
THENCE, TURNING AND LEAVING SAID RIGHT-OF WAY LINE ALONG PROPERTY
OF NOW OR FORMERLY 635 BROAD INVESTMENT COMPANY, LLC, AND THE
WESTERN RIGHT-OF-WAY LINE OF LEON ALLEY NORTH 220 - 23' - 13" EAST A
DISTANCE OF 149.00 FEET TO A POINT; THENCE, CONTINUE ALONG SAID RlGHT-
OF-WAY LINE NORTH 220 - 15' - 51" EAST A DISTANCE OF 99.95 FEET TO POINT;
THENCE, CONTINUE ALONG THE WESTERN RIGHT-OF-WAY LINE OF LEONALLEY
NORTH 230 - 02' - 21" EAST A DISTANCE OF 10.44 FEET TO THE POINT OF
BEGINNING; THENCE, CONTINUE ALONG THE WESTERN RIGHT-OF- WAY OF LEON
ALLEY NORTH 230 - 02' - 21" EAST A DISTANCE OF 10.44 FEET TO A POINT;
THENCE, CONTINUE ALONG THE WESTERN RIGHT-OF-WAY LINE OF LEON ALLEY
NORTH 220 - 27' - 55" EAST A DISTANCE OF l42.53 FEET TO A POINT LOCATED ON
THE SOUTHERN RIGHT-OF WAY LINE OF REYNOLDS STREET; THENCE, TURNING
AND RUNNING ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF REYNOLDS
STREET SOUTH 660 - 45' - 10" EAST A DISTANCE OF 10.00 FEET TO A POINT;
THENCE, TURNING AND LEAVING SAID RIGHT-OF-WAY LINE ALONG PROPERTY
OF MORRIS COMMUNICATIONS COMPANY, LLC AND THE EASTERN RIGHT-OF-
WAY OF LEON ALLEY SOUTH 220 - 27' - 55" WEST A DISTANCE OF 104.00 FEET TO
A POINT; THENCE, CONTINUE ALONG SAID LINE SOUTH 220 - 27' - 55" WEST A
DISTANCE OF 49.58 FEET TO A POINT; THENCE, CONTINUE SOUTH 220 - 17' - 00"
WEST A DISTANCE OF 5.00 FEET TO A POINT; THENCE TURNING' AND RUNNING
NORTH 370 - 56' - 31" WEST A DISTANCE OF 11.64 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.036 ACRE.
BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN COMPILED MAP
PREPARED FOR 635 BROAD INVESTMENT CO., LLC BY CRANSTON, ROBERTSON &
WHITEHURST, P.C. DATED AUGUST 18, 2004, REVISED SEPTEMBER 22, 2004,
RECORDED IN THE OFFICE OF THE CLE~ OF SUPERIOR COURT OF RICHMOND
COUNTy,GEORGIAINBOOK~,PAGE~~ nJ. Prllf Qrb~d c.
S-\ (cJ~ L't7 ( ~ (Jrt- G .. I
. - -
Book 00990:2226 Augusta - KICnmOnp lJUUIll)'
2005025434 05/16/200515:13:26.QO .
EXHIBIT "B" - CONTINUED
BY ACCEPTANCE AND DELIVERY OF THE FOREGOING DEED, GRANTEE AGREES
TO OPEN THE GATE TO LEON'S ALLEY ON BROAD STREET AND THE GATE ON
GRANTEE'S PROPERTY ON 6TH STREET TO PEDESTRIAN TRAFFIC ONLY DURING
THE DAYTIME BUSINESS HOURS ON WORK DAYS; PROVIDED SUCH TRAFFIC
SHALL NOT INTERFERE WITH GRANTEE'S USE AND OPERATION OF ITS PARKING
AREAS ADJACENT TO LEON'S ALLEY OR ITS BUSINESS. AT ALL OTHER TIMES,
THE GRANTEE WILL HAVE THE RIGHT TO KEEP SAID GATES CLOSED AND
LOCKED.
AS REPRESENTED BY ITS AGENT, PAUL SIMON, IN MEETING OF AUGUST 17,2004,
GRANTEE WILL WORK WITH AUGUSTA, GEORGIA ON DEVELOPING
PUBLIC/PRIV ATE USE OF THE PARKING LOT AND ENTER DISCUSSIONS AT THE
APPROPRIATE TIME AND AGREES TO CONSIDER EACH REQUEST IN GOOD FAITH.
Book 00990:2227 Augusta -.Richmond County
200502543405/16/200515:t3:26.00
EXHIBIT A
RESOLUTION
FINDING LEON ALLEY AS HAVING CEASED TO BE USED FOR
PUBLIC PURPOSES AND FOR ABANDONMENT OF SAME
WHEREAS, the Augusta-Richmond County Commission resolved by Resolution dated August
17,2004, that the following street in Richmond County, Georgia, has ceased to be used by the public to
the extent that no substantial public purpose is served by it: Leon Alley, beginning at the northern right-
of-way of Broad Street and running to the southern right-of-way of Reynolds Street and containing 0.095
acres, as shown on the attached plat;
WHEREAS, the adjoining property owners to the property described above have been notified of
the August 17, 2004 Resolution, all such adjoining owners having consented to the abandonment petition;
notice of the proposed abandonment has been published in the Augusta Chronide once a week for a period
of two weeks; and a public hearing on the proposed abandonment has been conducted on November 22,
2004, with no objections being raised as to the abandonment of the street described above;
. -WHEREAS, by virtue of the events set forth above, the property identified as Leon Alley,
beginning at the northern right-of-way of Broad Street and running to the southern right-of-way of
Reynolds Street and containing 0.095 acres, as shown on the attached plat, is deemed abandoned and no
longer apart of the Richmond County road system;
WHEREAS, notice has been given to the owners of abutting Leon Alley; and
WHEREAS, . the adjoining property owners have communicated their desire to e..'{ercise their
right to acquir.e the above described property;
NOW, THEREFORE, it is hereby ~esolved as follows:
1. It is hereby determined that all requirements of Georgia law for the abandonment of a
county roadway have been met and that the street referred to in the Augusta-Richmond County
Commission's August 17, 2004 Resolution, and described as Leon Alley, beginning at the northern right-of-
way of Broad Street and running to the southern right-of-way of Reynolds Street and containing 0.095
acres, as shown on the attached plat, is no longer a part of the Richmond County road system.
2. The adjoining property owners, 635 Broad Investment Co., LLC, Morris Communications
Company, LLC and Leon C. Ward have properly exercised their rights to acquire the properties described
above.
3. It is further determined that the Mayor of the Augusta, Georgia shall execute a Quit-Claim
Deed and such other documentation as may reasonably be required, in forms approved by :he County
Attorney, conveying all of Augusta's in~erest in the property, which interest is\ubject wall easei:ne~tsbf
.J r
Book 00990:2228 Augusta - Richmond 'county
2005025434 05/16/2005 15: 13:.26.00
record for utilities, to the adjoining property owners.
This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission,
accompariied.by the exhibits referred to herein.
Duly adopted by the Augusta-Richmond County Commission, this Js/- day of ~
Augusta-Richmond CountyS:;p
BY: 1>ot,f,
{M.,
ATTEST: '
Q 4,9( (
, ,D ,\-{\ W
(S~)
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is
aC tr~e ~nd ?orrect copy of the Resolution adopted by Augusta Richmond County,
omm1SS1on 1n meeting March 1, 2005.
~~!/
It
RESOLUTION
FINDING LEON ALLEY AS HAVING CEASED TO BE USED FOR
PUBLIC PURPOSES AND FOR ABANDONMENT OF SAME
WHEREAS, the Augusta-Richmond County Commission resolved by Resolution dated August
17, 2004, that the following street in Richmond County, Georgia, has ceased to be used by the public to
the extent that no substantial public purpose is served by it: Leon Alley, beginning at the northern right-
of-way of Broad Street and running to the southern right-of-way of Reynolds Street and containing 0.095
acres, as shown on the attached plat;
WHEREAS, the adjoining property owners to the property described above have been notified of
the August 17, 2004 Resolution, all such adjoining owners having consented to the abandonment petition;
notice of the proposed abandonment has been published in the Augusta Chronide once a week for a period
of two weeks; and a public hearing on the proposed abandonment has been conducted on November 22,
-
2004, with no objections being raised as to the abandonment of the street described above;
WHEREAS, by virtue of the events set forth above, the property identified as Leon Alley,
beginning at the northern right-of-way of Broad Street and running to the southern right-of-way of
Reynolds Street and containing 0.095 acres, as shown on the attached plat, is deemed abandoned and no
longer a part of the Richmond County road system;
WHEREAS, notice has been given to the owners of abutting Leon Alley; and
WHEREAS, the adjoining property owners have communicated their desire to exercise their
right to acquire the above described property;
NOW, THEREFORE, it is hereby resolved as follows:
1. It is hereby determined that all requirements of Georgia law for the abandonment of a
county roadway have been met and that the street referred to in the Augusta-Richmond County
Commission's August 17, 2004 Resolution, and described as Leon Alley, beginning at the northern right-of-
way of Broad Street and running to the southern right-of-way of Reynolds Street and containing 0.095
acres, as shown on the attached plat, is no longer a part of the Richmond County road system.
2. The adjoining property owners, 635 Broad Investment Co., LLC, Morris Communications
Company, LLC and Leon C. Ward have properly exercised their rights to acquire the properties described
above.
3. It is further determined that the Mayor of the Augusta, Georgia shall execute a Quit-Claim
Deed and such other documentation as may reasonably be required, in forms approved by the County
Attorney, conveying all of Augusta's interest in the property, which interest is subject to all casements of
record for utilities, to the adjoining property owners.
This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission,
~S4
1d
ATTEST:
(~eal)
, "
J.
.
. .
IN THE BOARD OF COMMISSIONERS OF RICHMOND COUNTY
STATE OF GEORGIA
635 Broad Investment Co., LLC, )
Morris Communications Company, )
LLC and Leon C. Ward )
)
Petitioners, )
)
~ )
)
Augusta-Richmond County, Georgia )
Board of Commissioners, )
)
Commissioners )
)
PETITION TO CLOSE LEON ALLEY
COMES NOW, 635 Broad Investment Co., LLC, Morris Communications Company, LLC
and Leon C. Ward ("Petitioners") and present their petition for the closing of Leon Alley, and shows this
Honorable Board the following:
1. The alleyway in question is as follows:
a. Leon Alley. All that certain 0.095 Acre tract shown on "Compiled Map for 635
Broad Investment Co., LLC, Showing Property Located in the 87th G.M.D., City
of Augusta, Augusta, Richmond County, Georgia" dated August 18, 2004,
prepared by Cranston, Robertson & \XIhitehurst, P.e. attached hereto as Exhibit
"A" and incorporated herein by reference ("Plat").
2. Petitioners further show d1at the certification required by the Official Code of Georgia
Annotated Section 32-7 -2(b) (1 ) is attached hereto as Exhibit "B " and incorporated herein
by reference:.
3. Petitioners desire to purchase the abandoned alleyway in accordance with Georgia law.
WHEREFORE, Petitioners prays:
a. That this Honorable Board determine that the above-described public road no
longer serves any substantial public purpose and certify such finding by entering
P:\SOB\Aub'U$f:1 Ri,.ctfront\Ll.'On Allc)' 3048-3t\Pctiriun1.wpd
Page -1-
'1.
same in the minutes of this Board, which certification shall be accompanied by plat
of survey of said road;
b. That notice of said determination be published in the legal organ of Augusta-
Richmond County, Georgia, once a week for a period of two weeks;
c. That a Public Hearing on this matter be held at the next regularly schedule Board
Meeting following publication; and
d. For such other and further action in the closing of said roads that to this
Honorable Board may seem just and proper within the premises.
PETITIONERS:
635 Broad Investment Co., LLC
c/o Paul Simon
72S Broad Street
Augusta, Georgia 30901
~_-(LS)
As Its:
Morris Communications Company, LLC
c/o Paul Simon
72S Broad Street
Augusta, Georgia 30901
BY~~
As Its: ~.t.~.J'~~;I-
,
(L.S.)
(Signatures continue on next page)
P:\SDB\Augusta Riverfront\Leon Alley 3048-31 \Petitionl.wpd
Page -2-
"
.'".
EXHIBIT "B"
Certification
CERTIFICATION
The Augusta-Richmond County Board of Commissioners, after a vote on the matter, do hereby
certify and adopt the following Resolution:
RESOLUTION
FINDING LEON ALLEY AS HAVING CEASED TO BE USED FOR
PUBLIC PURPOSES AND FOR ABANDONMENT OF SAME
WHEREAS, the Augusta-Richmond County Commission has been petitioned to consider the
abandonment of Leon Alley, beginning at the northern right-of-way of Broad Street and running to the
southern right -of-way of Reynolds Street and containing 0.095 acres, as shown on the attached plat prepared
for 635 Broad Investment Co., LLC by Cranston, Robertson & Whitehurst, P.e., dated August 18, 2004,
Job #04-316;
WHEREAS, applicable law setting forth the procedure for such abandonment first requires that
there be a determination that Leon Alley for which abandonment is sought has, for any reason, ceased to
be used by the public to the extent that no substantial public purpose is served by it, and the Augusta-
Richmond County Commission has so determined;
NOW, THEREFORE, it is hereby resolved as follows:
1. It is hereby determined that Leon Alley, beginning at the northern right-of-way of Broad
Street and running to the southern right-of-way of Reynolds Street and containing 0.095 acres, as set forth
on the plat attached as Exhibit "A", has ceased to be used by the public to the extent that no substantial
public purpose is served by it;
2. The property owners located Leon Alley for which abandonment is sought shall be notified
of such determination and request for abandonment;
3. Notice of such determination of the proposed cessation of public use and request for
abandonment shall be published in the Augusta Chronicle, the newspaper in which the Sheriffs
advertisements for the County are published, once a week for a period of two weeks; and
4. A public hearing on such issue shall be conducted, such that Leon Alley may be deemed
abandoned and thereafter disposed of in accordance with the applicable provisions of Georgia law.
This Resolution and applicable subsequent Resolutions relative to the abandonment of Leon Alley
beginning at the northern right-of-way of Broad Street and running to the southern right-of-way of
Reynolds Street and containing 0.095 acres shall be recorded on the minutes of the Augusta-Richmond
County Commission, accompanied by the attached plat.
AA Dulv adopted by the Augu,to-Richmond County Commi"inn, Gemgia this .e day of
~ch ,200S
P:\SDB\Augusta Rivcrfront\Lcon Alley ',~048-31\P~titionl.'\\ipd
Page -5-
.... .: ..
..
. .
. .
All ~ certain land and improvements thereon more particularly described on
Exhibit " attached hereto and incorporated herein by reference.
WITH all the rights, members and appurtenances to the said described
Property in anywise a ertaining or belonging.
TO HAVE AN TO HOLD the said described premises to the said Party of the Second
Part, so that neither the Sa! Party of the First Part nor its successors and assigns, nor any other
person or persons claiming u der it shall at any time, by any means or ways, have, claim r
demand any right or title to th~foresaid described Property or its appurtenances, or an rights
thereof. \
IN WITNESS WHEREOF, the said Party of the First Part has hezreunto set ItS hand and seal,
the day of year above written.
AUGUSTA, ,ORGIA .J)
By: / ~\
As1ts Mayor Jjs
Signed, sealed and delivered
In the presence of:
/"
;Attest:
/ Clerk
/ (Seal)
/
/
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(Unofficial Witness)
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Notary Public, State of ~e6rgia
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~AUGUSTA-RICHMOND COUNTY COMMISSION
STEPHEN E. SHEPARD
BOB YOUNG
Mayor
STAFF ATIOR.'lEYS
Vanessa Flournoy
Harry B. James, III
Betty Beard
Marion Williams
Barbara Sims
Richard Colclough
Bobby G Hankerson
Andy Cheek
Tommy Boyles
Jimmy Smith
WID. "Willie" H. Mays, III
Don A. Grantham
A
County Attorney
Augusta Law Department
Wm. "Willie" H. Mays, III
Mayor Pro Tern
Frederick L. Russell
Administrator
TO:
Lena Bonner, Clerk of Commission
FROM:
Stephen E. Shepard
t4j
Reply to:
70 I Greene Street, Suite 104
Augusta, Georgia 30901
DATE:
May 20, 2005
RE:
Leon's Alley
Please find enclosed three (3) original recorded deeds for Leon's Alley from Leon C. Ward, 635
Broad Investment Co., LLC and Morris Comnmnications Company, LLC. \
~
SES:lmb
1;2;;;;;;L lJ>>iJab~ ~ ilttt14?b
~ t j{JtJsk k t/JIawp/; IrP prd~ ~
Augusta Law Department
501 Greene Street, Suite 302. Augusta, Georgia 30901
(706) 842-5550 - Fax (706) 842-5556
County Attorney
701 Greene Street, Suite 104, Augusta, Georgia 30901
(706)724-6597 - Fax (706) 722-4817