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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 e e 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: ~ ~ ArrEST.~ . :. .......... ..~ _ :~. 4 -, .::i Cle~: ._ ." . ,_.::_-. (S~AL) . '-,,~... ':;';- ",.." - "- -" -'- .-- ......~ ..... '.... ~ :.It ;..... e e ~-==--~~;. s~on 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 O'! . , . . '.\ e e 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. I , . . . .. . . . . e e 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 ,'. .. I e It 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:- /-~v ~ Bob .:....~- ..(Seal) "'/;I!j; ..' " I I Shte or. G l!!D~.~ I ~ I , -- , . .. - - .. - . - .- -. - .. " .' r, l: 0 IV ( " 0 , . " ' '4,2'.84 .fj tf. , AC RES '", ,,' , , . , , . . Il!'- AUSU!t1'A -... NE 'IN ~~V"""N.'''' ... f:).. ; .....-- _ ..... J . , I :1: \1 ,. , , " ,B~SH FIE-LC .... , ' , .' " , . , .' . "wPL~T ,. , SHO""IN~ NrO.RTHERH PART 2f PRO,PE.RT't If "', ,~A.ERIQR::"', ' J.U.BQ QJ~~~JCT' ~.M.;,RIC..MMO,NC COUNTY, G.... It' I , " ' ,.cs;,;O ~L. ~ : I I':: A- 0 .0'1 " . I . I I I D ........ .-- ..... " "EC.G..T" p. "'llJ'f(:lp' 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:_.. _'.' ... . '.~ .__...1.........