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Home My WebLink AboutO'CHARLEY'S INC .1.;.10 'if / '? y 51 LAW OFFICES SHEPARD, PLUNKETT, HAMILTON, BOUDREAUX & TISDALE, LLP A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS J. GRADY BLANCHARD JOHN P. MANTON III AUGUSTA OFFICE: 701 GREENE STREET, SUITE 104 AUGUSTA, GA 30901 (706) 722-41l1 (706) 722-6200 (706) 724-6597 (706) 722-4817 FAX COLUMBIA COUNTY OFFICE: PAUL K. PLUNKEIT 207 N. BELAIR ROAD (1922 - 1998) EVANS, GA 30809 (706) 869-1334 (706) 869-9464 FAX STEPHEN E. SHEPARD, p.e. JAMES T. PLUNKETT DANIEL W. HAMILTON, p.e. TODD BOUDREAUX, p.e. J. ANDREW TISDALE, p.e. REPLY To: Augusta Office September 20, 2005 Via Hand Deliverv Ms. Lena Bonner Clerk of Commission 530 Greene Street Augusta, Georgia 30911 Re: O'Charley's Dear Lena: Enclosed is the original recorded deed from O'Charley's Inc. to Augusta, Georgia as well as the original resolution and plat. Should you have any questions, please do not hesitate to call. Yours very truly, SHEP ARD, PLUNKETT, HAMIL TON, BOUDREAUX & TISDALE, LLP JTP:bp cc: Jim Willliamson Enclosures: As Stated ~\ + " . . h and County Book 01011:02772005AU~~~:.~~ m 2005042299 09/01/ .' iliiifirillill!nty 2005042299 Augusta - RIchmond Return to: County Attorney Suite 104, 701 Greene Street Augusta, Georgia 30901 STATE OF GEORGIA ) COlJNTY OF RICHMOND ) THIS INDENTURE, made thiJ.C ~ay of July, 2005, between O'Charley's Inc., a Tennessee Corporation, Party of the First Part, and Augusta, Georgia, a political subdivision of the State of Georgia, Party of the Second Part, WITNESSETH: That the said Party of the First Part, for and in consideration of the sum of ONE ($1.00) DOLLAR, and other good and valuable consideration in hand paid, the receipt whereof is acknowledged, has bargained, sold, and does by these presents bargain, sell, remise, release and forever QUIT -CLAIM to the said Party of the Second Part, its successors and assigns, all the right, title, interest, claim, or demand which the Party of the First Part has or may have in and to the following described property to wit: See Exhibit A hereto attached and by reference made a part hereof. TOGETHER WITH all the rights, members and appurtenances to the said described Property in anywise appertaining or belonging. TO HAVE 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 ~ , ~ Book 01011 :0278 Augusta - Richmond County 200504229909/01/2005 11 :39:23.02 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 caused this instrument to be executed by its duly authorized officers and it seal affixed, all on the day of year above first written. ~~&li~ By ~\l ~\\\\\Illlll'"",/~ ~ ~ Its: o h~o eof T~lAo~ OTARY o~~ PUBLIC \ ~ o = AT : i MY COMMISSION EXPIRES ~ o. LARGE : $ May 30. 2007 ~ . .- it: ~ ~.... ..~ # ~ ~.O!~:..rt-l, ~ ~,;qWJl'\",~ t\) -C'''''8'er.~~e .. Signed, sealed and delivered In the presence of: ~~~ lV. '1r) olMO~ ~~~~~::~ , . {~ Notary:~bIiC,\9qll/r.nbia Couii~.' Georgia My COQlmlSsloo Expires Aug; 1, 2006 , ., i' ~ Attest: Its: . " ~~~~;::"\n'~\~:{" "\1' Accepted, thiS~:y of July, 2005, ~~ ~;;: Mayor,?~'i'?; t';:, , ~;./Jt;;lkfl ~~:;;;:';':~~'~~L:" " ",.':. ", '>>:,: ;..~,~.. :':"'~~:?':,~:~:~::::'?'~~,Z:/ '., ~" , . .~ Book 01011 :0279 Augusta - Richmond County 200504229909/01/2005 11 :39:23.02 " . Exhibit A All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond and being designated as Tract A containing 0.07 acres as shown on a plat prepared by W. R. Toole Engineers, Inc. for Augusta- Richmond County Commission dated January 26, 2005 and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in ~ , page ~, reference being made to said plat for a more complete and accurate description of the metes, bounds, courses, distances and location of said property. Filed in this office: Augusta - Richmond County - __ _ 09!01~2005 11 :39:23.02 Elaine C.-Johnso-ri----- - Clerk of Superior Court .. .' . -' Return to: 9iJuntJt.tt&'ley's Office 101 GrGar;u St., Suite 104 Augusta. GA 30901 RESOLUTION AUTHORIZING REALIGNMENT OF ROADWA Y NEAR INTERSECTION OF WHEELER ROAD AND INTERSTATE 520 WHEREAS, a portion of the pavement of the roadway located near the intersection of Wheeler Road and Interstate 520 and belonging to Augusta, Georgia encroaches upon the property ofO'Charley's, Inc. and Dr. Douglas P. Clepper, as shown on the attached plat, and WHEREAS, to properly align the property lines with the existing roadway, corrective quit claim deeds need to be executed and accepted, and WHEREAS, as a condition to O'Charley's, Inc. donating the property at issue to Augusta, Georgia and Dr. Clepper, O'Charley's, Inc. desires assurances that the roadway will be maintained as a public right of way with O'Charley's, Inc. having access to the roadway, and WHEREAS, Augusta, Georgia, O'Charley's, Inc. and Dr. Clepper have agreed to the realignment. NOW, THEREFORE, it is hereby resolved as follows: 1. The conveyance of the property as described on the attached quit claim deeds is hereby authorized and approved and that the Mayor of Augusta, Georgia is authorized to execute said instruments as well as such other documentation as may reasonably be required to convey such property and to acknowledge acceptance of the property by Augusta, Georgia, all in form as approved by the County Attorney. 2. That the roadway belonging to Augusta, Georgia located near the intersection of Wheeler Road and Interstate 520, including those portions of the roadway being conveyed contemporaneous herewith, and as shown on the attached plat, if not already a part of the road system of Augusta, Georgia, are hereby accepted and made a part of the public road system of Augusta, Georgia. 8 ==~ l:5 ~ U1 =0 ~ 0 o~oo7':' i!:;==s:~~ N=-100 ~==(f)())..... -() ..... >=mO.. c: ===r!€ 0 cg ==> ~ I'V (f)=:= ",,--..I ~_ r\,)CJ1 Dl;;;;;;;;;;ZO)> ::0 -m &l c: -.=0 ~(C g.=C:75i 3 ;;;;;;;;;;(f)W_ o~ !l?lll ~!!!!!!!! f\J I 0._ ~;o b> == ~ o. c: - ::T :l 3 .;t 0 :l Q. () o c: ~ - '< , . .' .. Book 01011 :0276 Augusta - Richmond County 2005042298 09/01/2005 11 :39:23.01 3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibits referred to h~rein. -<:L Duly adopted by the Augusta-Richmond County Commission, thi~r; day of July, 2005. ~ ATTEST: , Cle;r~t.~ 0 (,Nr~"';;.<~~ rr/'(~';. ,,: f,. '. ~"~ ik1,..;t'I;r "'..~j!.'1, l;'''~~9,.,':~t..,' '}'.J; ;... ,~.<v'~i.;~~i~:';i.:>2,;/!;)\ (Seal) 'r. <'Q . /"",;,""',;:~r\j""J":~~:/.' . (<;. ::'. '~:. ., . ....t~'\~~\.;~:ft r, J c!~?f' q '" ~ f 1 (i\ \.\ ' _ir" ':' . (:1 ',' \ f ~ .;) . / .....;..~~ ',""'" Filed in this office: Augusta - Richmond County 09/01/2005 11 :39:23.01 Elaine C. Johnson Clerk of Superior Court