HomeMy WebLinkAboutSouthern Region Industrial/Quit- Claim
Augusta Richmond GA
DOCUMENT NAME: 'SOlJT~e:vW ~';~IOro rNbI.lS-rRi",y6urr-~ De-eo
DOCUMENT TYPE: (ZE ScL-bllCN
YEAR: :;26D L1
BOX NUMBER: P. S-
FlLE NUMBER: 17S'9l.p
NUMBER OF PAGES: to
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RESOLUTION
APPROVING LETTER OF INTENT
AND ACCEPTING QUIT-CLAIM DEED
WHEREAS, the Augusta-Richmond County Commission has been petitioned to approve
the Letter of Intent between Augusta, Georgia and Southern Region Industrial Realty, Inc., a copy
of which is attached hereto as Exhibit A, and to accept a Quit-Claim Deed conveying certain
property interests of Southern Region Industrial Realty, Inc. as shown on the attached plat as "30'
Easement Empire Land Co. 1959";
WHEREAS, the Augusta-Richmond County Commission has elected to approve the
Letter of Intent and accept the property;
WHEREAS, it is appropriate for acceptance of the dedication by the Augusta-Richmond
County Commission be shown by execution of the Letter of Intent and the acceptance of a Quit-
Claim Deed.
NOW, THEREFORE, it is hereby resolved as follows:
1. The Augusta-Richmond County Commission does hereby approve the Letter of Intent
and agrees to accept the property as shown on the attached plat as "30' Easement Empire Land
Co. 1959".
2. It is further determined that the Mayor of Augusta, Georgia shall execute the Letter of
Intent, a copy of which is attached hereto as Exhibit A, and to accept of such property upon the
presentation of duly executed Quit-Claim Deed in form and content acceptable to the County
Attorney.
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 / 'lilt day of
~1I~ 2004.
August~mof;}, C unty Commission
BY: ~ ~
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Real Estate and Contract Services
600 West Peachtree Street. NW
Atlanta. Georgia 30308-3603
Ann S. Powell
Property Manager
My Direct Line Is:
Phone: (404) 962-5563
Fax: (404) 653-3474
E-Mail: aSDowell(QlnscorD.com
September 20, 2004
Activity No.: 1070549
Augusta Utilities Department
clo Sandra Tyler
360 Bay Street Suite 180
Augusta, GA 3090 I
Dear Ms. Tyler:
This letter refers to the interest of the Augusta Utilities Department (hereinafter referred to as Offeror) in
acquiring from Southern Region Industrial Realty, Inc. (hereinafter referred to as 'SRIR') a certain easement
located in Augusta, Richmond County, Georgia, (hereinafter referred to as Premises).
The SRIR will consider an offer from Offeror to purchase the Premises, subject to the approval of its
Management, based on the following:
(1) The purchase price is FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00), for 49,008
square feet, more or less, of land as shown on the attached drawing dated September 8, 2004,
and marked as Exhibit A. The purchase price shall be tendered to the SRIR in cash or by
cashier's or certified check made payable to Southern Region Industrial Realty, Inc. at the
time of closing.
(2) The conveyance shall be by Quitclaim Deed, which deed shall be subject to an exclusive
reservation of easement by the SRIR (which for purposes ofthis paragraph, includes SRIR's
successors, assigns, licensees, and lessees) for existing signboards as well as existing fiber
optic lines, poles, pipes, wires, communications and signal facilities and facilities of like
character used in the operation of a railroad, and any and all other conditions, restrictions,
reservations, easements, licenses, and leases, whether or not of record.
(3) Offeror shall secure any title commitment it may require and pay all costs associated with
the same.
(4) All property taxes, assessments and rentals shall be prorated between Offeror and SRIR as of
the date of closing. SRIR shall be responsible for preparation of the deed and obtaining any
necessary mortgage releases. All closing costs, including but not limited to transfer taxes,
shall be the responsibility of the Offeror.
(5) Offeror shall take possession of the Premises at closing.
Operating Subsidiary: Norfolk Southern Railway Company
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Augusta Utilities Department
September 20, 2004
Activity No.: 1070549
Page Two
(6) Any and all required permits, licenses, approvals, zoning, subdivision compliance and
financing shall be obtained by the Offeror at its sole effort and expense.
(7) It is agreed that no real estate commissions are due or owed by SRIR
with respect to this transaction. Offeror hereby agrees to hold harmless
Railroad from and against any and all claims and liabilities for real estate or brokerage fees
arising out ofthis transaction which are made by any broker or real estate agent claiming to
have represented the Offeror.
(8) The Premises will be sold as is and "where is" without any express or implied representation
or warranty with respect to its habitability, condition or suitability for any purpose, including
but not limited to, the condition of the soil, the presence of hazardous materials, substances,
wastes or other environmentally regulated substances, whether known or unknown, and the
presence of underground storage tanks and other physical characteristics. Offeror shall
perform at its own expense and rely solely on its own independent investigation concerning
the physical condition of the Premises (including but not limited to environmental
assessments) and the Premises' compliance with any applicable law and regulation. If, as
part of its independent investigation, Offeror desires to perform a .Phase 2 environmental
study or otherwise perform any intrusive sampling, it shall execute a separate Right of Entry
Agreement with Railroad on a form to be provided by the Railroad. In the event that
Offeror's investigation shall disclose the presence of any hazardous material, substances,
wastes or other environmentally regulated. substances or other physical characteristics at the
site which render the Premises unusable, Offeror, at its option, shall have the right to
withdraw its offer and receive a refund of its earnest money payment, without interest. If
Offeror consummates the purchase, Offeror shall assume all responsibility for the
environmental conditions of the Premises, including but not limited to, the presence of
underground storage tanks, regardless of cause, and Offeror shall hold Railroad harmless
from any and all liability arising out of such conditions. Further, Offeror shall be deemed to
have waived any and all claims against the Railroad relative to such conditions, including
but not limited to those arising under Sections 107 and 113 of CERCLA, other comparable
federal or state laws or common law. In the event Offeror withdraws its offer to purchase as
provided in this paragraph, Offeror shall promptly provide Railroad with copies of all
reports, including but not limited to, environmental reports, secured in connection with its
investigation ofthe Premises.
(9) Ifthis offer is accepted by the SRlR's Management, the terms and conditions contained
herein shall ripen into a contract and said contract shall survive delivery of the deed and
closing.
(10) If this offer is accepted by the SRlR's Management and ripens into a contract, Offeror may
not assign its interest in the contract without first obtaining the express written consent of the
Railroad. Offeror understands that such consent may be withheld for any reason.
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Augusta Utilities Department
September 20, 2004
Activity No.: 1070549
Page Three
Please be advised that the undersigned does not have the corporate authority to legally bind the
Railroad in connection with this proposed transaction. Further, the recommendation of the undersigned may
be approved, modified or rejected by SRIR's duly authorized management. Accordingly, your offer shall
not, under any circumstances, be deemed accepted until you have been advised in writing that the SRIR's
Management has approved this transaction.
If you wish to submit an offer, please arrange for the appropriate acknowledgment in the space
provided below and return one original counterpart ofthis letter to me, together with a check made payable
to Southern Region Industrial Realty, Inc., in the amount of $500.00, representing the earnest money deposit,
within ten (10) days from the date hereof.
Sincerely,
m~
Ann S. Powell
ASP/:#249737vl
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OFFER
I offer to purchase the Premises on the basis outlined and described above. Enclosed is a check made
payable to Southern Region Industrial Realty, Inc., in the amount of$500.00, which constitutes the earnest
money deposit. I understand that said money will be deposited by the SRIR and shall be (I) credited without
interest to the purchase price at closing, or (2) refunded without interest should this offer not be accepted or
this offer is withdrawn prior to its acceptance by SRIR, or (3) retained by the SRIR as liquidated damages
should this offer be accepted and Offeror does not close within thirty (30) days after receiving a copy of the
deed of conveyance to be used in this transaction.
This Offer is submitted to the SRIR, this / ~ day of ~ 2004
Name to appear on Deed:
An~n~TAJ ~F.OR~TA
Title:
If corporation, company or
partnership, state of formation
and type of entity:
A political subdivision under
the laws of the State of Georgia
Tax Mailing Address:
360 Bay Street
C;:"it'a 180
Auguste, r.A 30901
~ By:-
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Gr.o"Q&" .
Augusta GA
.' Z;' Richmond County, GA . . .
. . Quitclaim of30x 1633.6 Easement to Augusta Utlhtles Dept.:
m\'11t~: mcli.cn n~' n,I11II'yj; C'Il~rk Supcrlnr' t}()U~ V -8 M-49&50A
Piled lot Recurd ~J~,lfI4..at.,Ll..:o~Dc~, RPMS 1070549
l\u~ . If '-~~i:--:"..~--- Exhibit "A" 9/8/200:_.. _'.'
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