HomeMy WebLinkAboutRESOLUTION OF THE ARC TO ABANDON A SECTION OF FAIRHOPE STREEST AS PART OF THE ROAD SYSTEM OF AUGUSTA RICHMOND COUNTY AND TO QUITCLAIM THE PROPERTY TO THE ADOINING LANDOWNER AUGUSTA HOUSING AUTHROITY •
RESOLUTION OF THE AUGUSTA - RICHMOND COUNTY
COMMISSION TO ABANDON A SECTION OF FAIRHOPE STREET AS
PART OF THE ROAD SYSTEM OF AUGUSTA - RICHMOND COUNTY
AND TO QUITCLAIM THE PROPERTY TO THE ADJOINING
LANDOWNER, AUGUSTA HOUSING AUTHORITY.
THIS RESOLUTION, adopted by the Augusta- Richmond County, Georgia
Commission ( "Commission "):
WHEREAS, it has been proposed that the Commission make a determination that a
portion of Fairhope Street as shown on the attached plat (shown as Parcel "B ") and consisting of
1.63 acres (71,042 square feet), has ceased to be used by the public to the extent that no
substantial public purpose is served by it or that its removal from the county road system is
otherwise in the best public interest, and that the right -of -way should be abandoned as part of the
Richmond County Road System; and
WHEREAS, it has been Richmond County's policy, pursuant to O.C.G.A. § 32 -7 -2, to
reduce the number of roads in Augusta, Georgia that are not utilized or useful to the public and
to abandon such roads; and
WHEREAS, a Public Hearing was held on October 8, 2010 at 2:00 p.m. at the Augusta -
Richmond County Municipal Building, Room 803, 530 Greene Street, Augusta, Georgia; and
WHEREAS, notice of such Public Hearing was published in The Augusta Chronicle, the
newspaper in which Sheriff's advertisements for Richmond County are published, on September
24, 2010 and October 1, 2010, and that the adjacent property owners received notice of the
Public Hearing; and
WHEREAS, the results of the Public Hearing were reported to the Board of
Commissioners and considered thereby; and
WHEREAS, the Commission, at their meeting held 9C 1 / 9 , 2010,
approved the abandonment process pursuant to O.C.G.A. §§ 32 -7 -2 through 32 -7 -4 and the
requirements of said statutes having been met;
NOW, THEREFORE, be it resolved by the Commission and it is hereby resolved by the
authority of same as follows:
1. It is hereby determined that all requirements of O.C.G.A. §§ 32 -7 -2 through 32 -7 -4 have
been met for the abandonment, removal and transfer of the Right -of -Way and such Right -
of -Way no longer serves a substantial public purpose or is otherwise in the best interest
of the public, and is hereby abandoned as part of the Richmond County Road System;
2. The land formerly comprising the Right -of -Way thereby abandoned shall be quitclaimed
to the adjoining property owner, namely Augusta Housing Authority, subject to
easements and restrictions deemed necessary by the Augusta Engineering and Utilities
Departments, and the Mayor is hereby authorized to execute the documents necessary to
effectuate such transfer;
3. This Resolution shall be recorded in the Minutes of the Augusta- Richmond County
Commission, accompanied by the exhibits referred to herein;
4. This Resolution shall become effective immediately upon its adoption.
DULY ADOPTED by the Augusta - Richmond County, Georgia Commission this
/9 day of 40 �?" , 2010.
AUGUSTA - RICHMOND COUNTY,
GEORGIA COMMISSION
By:
14/ David S. Copenhaver
IDm) 4 As its Mayor
Attest:
Lena J. Bonner
As its Clerk
(COUNTY SEAL)
Book 01280:1890 Augusta - Richmond County
2010045761 11/05/2010 13:55:35.00
$0.00 QUITCLAIM DEED
11 1 11011
2010045761 Augusta - Richmond County
AFTER RECORDING RETURN TO:
Wayne Brown, Esq.
Augusta Law Department
501 Greene Street, Suite 302
Augusta, Georgia 30901
QUITCLAIM DEED
THIS INDENTURE made this / 4 day of !7C T , 2010, between AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "Grantor "),
and THE HOUSING AUTHORITY OF THE CITY OF AUGUSTA, GEORGIA (hereinafter
referred to as "Grantee ") (the words "Grantor" and "Grantee" to include their respective successors
and assigns where the context requires or permits).
WITNESSETH:
That the Grantor, for and in consideration of the sum of Ten and NO /100 Dollars
($10.00) in hand paid at and before the sealing and delivery of these presents, the receipt and
sufficiency of which are hereby acknowledged by the Grantor, has granted, bargained, sold, and
conveyed, and by these presents does grant, bargain, sell, and convey unto the Grantee, its
successors, legal representatives and assigns all of Grantor's right, title and interest in and to that
tract or parcel of land lying and being in the 87 G.M.D. (f /k/a the 123` G.M.D.), Richmond
County, Georgia, being more particularly described on Exhibit "A" attached hereto and by this
reference made a part hereof.
TO HAVE AND TO HOLD the Property, together with all and singular the rights,
members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to
the only proper use, benefit and behoof of the Grantee, its successors, legal representatives and
assigns forever in fee simple.
This deed was authorized by a resolution adopted and approved by the Augusta -
Richmond County Commission on ! , 2010.
t
' Book 01280:1891 Augusta - Richmond County
air
2010045761 11/05/2010 13:55:35.00
IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed on the day and
year first above written.
GRANTOR:
Signed, sealed and delivered
in the presence of: AUGUSTA, GEORGIA
— - - t. _ 0, r BY: C%(
Unofficial Witness in David S. Copenh er
t As its Mayor
2 � ,, � f / '2 &C2zaf1 �2 ' Attested to:
Notar P tblic
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As C s4ir Co tdt3. +1
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• Book 01280:1892 Augusta - Richmond County
2010045761 11/05/2010 13:55:35.00
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 87 G.M.D. F /K /A 123 G.M.D.
OF RICHMOND COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHERE THE WEST RIGHT -OF -WAY OF INTERSTATE 520 (RIGHT -OF-
WAY VARIES) INTERSECTS THE NORTH RIGHT -OF -WAY OF SAND BAR FERRY ROAD (VARIABLE
RIGHT -OF -WAY); THENCE ALONG THE NORTH RIGHT -OF -WAY OF SAND BAR FERRY ROAD N-50
09'-58"-W FOR A DISTANCE OF 243.21' TO A POINT; THENCE CONTINUING ALONG SAID RIGHT -
OF -WAY N- 50 °- 10' -13 " -W FOR A DISTANCE OF 150.13' TO A POINT ON THE NORTH RIGHT -OF-
WAY OF SAND BAR FERRY ROAD AND THE SOUTH RIGHT -OF -WAY OF FAIRHOPE STREET (50'
RIGHT -OF -WAY); THENCE ALONG THE EAST RIGHT -OF -WAY OF FAIRHOPE STREET N- 39 ° - 55' -38 "-
E FOR A DISTANCE OF 275.18' TO A #4 REBAR FOUND; THENCE, N- 39 ° - 55' -38 " -E FOR A
DISTANCE OF 7.67' TO A POINT; THENCE, 50.69' ABOUT THE ARC OF A 345.77' RADIUS CURVE,
SAID ARC BEING SUBTENDED BY A 50.64' LINE WITH A BEARING OF N- 35 ° - 43' -39 " -E TO A
POINT; THENCE, N- 31 ° - 29' -38 " -E FOR A DISTANCE OF 110.97' TO A POINT, SAID POINT BEING
THE TRUE POINT OF BEGINNING; THENCE FROM THE TRUE POINT OF BEGINNING AS THUS
ESTABLISHED, N- 31 °29' -38 " -E FOR A DISTANCE OF 160.51' TO A POINT; THENCE, 92.18' ABOUT
THE ARC OF A 172.69' RADIUS CURVE, SAID ARC BEING SUBTENDED BY A 91.09' LINE WITH A
BEARING OF N- 16 °- 12'08 " -E TO A POINT; THENCE, N- 00 °- 54' -38 " -E FOR A DISTANCE OF 152.72'
TO A POINT; THENCE, 84.81' ABOUT THE ARC OF A 158.51' RADIUS CURVE, SAID ARC BEING
SUBTENDED BY A 83.80' LINE WITH A BEARING OF N- 16 °- 14' -19 " -E TO A POINT; THENCE, N-31
33'-38"-E FOR A DISTANCE OF 406.26' TO A POINT; THENCE, 265.33' ABOUT THE ARC OF A
168.57' RADIUS CURVE, SAID ARC BEING SUBTENDED BY A 238.78' LINE WITH A BEARING OF N-
13 TO A POINT; THENCE, N- 58 ° - 37' -22 " -W FOR A DISTANCE OF 299.92' TO A POINT;
THENCE, S- 31 ° - 23' -15 " -W FOR A DISTANCE OF 50.00' TO A POINT; THENCE, S- 58 ° - 37' -32 " -E FOR
A DISTANCE OF 299.93' TO A POINT; THENCE, 186.63' ABOUT THE ARC OF A 118.57' RADIUS
CURVE, SAID ARC BEING SUBRTENDED BY A 167.95' LINE WITH A BEARING OF S- 13 ° - 31' -53 " -E
TO A POINT; THENCE, S -31 ° - 33'38 " -W FOR A DISTANCE OF 406.26' TO A POINT; THENCE,
111.56' ABOUT AN ARC OF A 208.51' RADIUS CURVE, SAID ARC BEING SUBTENDED BY A 110.23'
LINE WITH A BEARING OF S- 16 ° - 14' -16 " -E TO A POINT; THENCE, S- 00 ° - 54' -38 " -W FOR A
DISTANCE OF 152.72' TO A POINT; THENCE, 65.49' ABOUT AN ARC OF A 122.69' RADIUS CURVE,
SAID ARC BEING SUBTENDED BY A 64.72' LINE WITH A BEARING OF S- 16 ° - 12' -07 " -W TO A
POINT; THENCE, S- 31 ° - 29' -38 -W FOR A DISTANCE OF 162.68' TO A POINT; THENCE 50.90'
ABOUT AN ARC OF A 80.00' RADIUS CURVE, SAID ARC BEING SUBTENDED BY A 50.05' LINE
WITH A BEARING OF S- 60 ° - 59' -33 " -E TO A POINT, SAID POINT BEING THE TRUE POINT OF
BEGINNING.
SAID TRACT CONTAINS 1.63 ACRES.
AS SHOWN ON COMPILED PLAT FOR WALTON COMMUNITIES FOR WALTON OAKS DATED
AUGUST 19, 2010, BY JAMES G. SWIFT & ASSOCIATES, BEARING SEAL OF G.F. "BO" SLAUGHTER,
G.R.L.S. NO. 2614.
ALL OF THE ABOVE PROPERTY IS CONVEYED SUBJECT TO APPLICABLE EASEMENTS AND
Book 01280:1893 Augusta - Richmond County
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RESTRICTIONS SHOWN ON SAID PLAT AND FILED OF RECORD.
THIS CONVEYANCE IS FURTHER MADE SUBJECT TO AND ENHANCED BY THE FOLLOWING:
1. THE EXISTING SANITARY SEWER PIPELINE SHALL BE KEPT IN SERVICE UNTIL THE NEW
(RELOCATED) SANITARY SEWER PIPELINE IS COMPLETED AND PASSES ALL REQUIRED
AUGUSTA UTILITIES DEPARTMENT TESTING.
2. THE NEW SANITARY SEWER PIPELINE SHALL BE BUILT TO LOCAL /STATE /FEDERAL AND
AUGUSTA UTILITIES DEPARTMENT SPECIFICATIONS AND REQUIREMENTS.
3. AN AUGUSTA UTILITIES DEPARTMENT INSPECTOR SHALL BE ON -SITE DURING
CONSTRUCTION OF THE NEW SANITARY SEWER PIPELINE.
4. A TWENTY (20) FOOT EASEAMENT OVER THE NEW SANITARY SEWER PIPLINE SHALL BE
GIVEN AND DEDICATED TO AUGUSTA UTILITIES DEPARTMENT /AUGUSTA, GEORGIA.
Filed in this office:
Augusta - Richmond County
11/05/2010 13:55:35.00
ELAINE C. JOHNSON
Clerk of Superior Court