HomeMy WebLinkAboutUSPG PORTFOLIO TWO LLC
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1111111111111111111111111111111111 Deed
Recorded 03/15/2006 11 :43AM Doc: WD
Georgia Transfer Tax Paid: $0.00
CINDY MASON
Clerk Superior Court Columbia County
B 05335 P 0119-0125
Book 01042:0392 Augusta - Richmond County
200600908003/03/200616:37:35.00
$22.00 WARRANTY DEED
1111111111111111111111111111111I1111111111111111111111111111
2006009080 Augusta - Richmond County
Return To:
R.E. Hanna III, Esq. (;,
Hull, Towill, Norman, Barrett & Salley
111 Park Avenue, S. W.
Aiken, SC 29801
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LIMITED WARRANTY DEED
STATE OF GEORGIA )
COUNTY OF RICHMOND )
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THIS INDENTURE, Made this ~ day of J~lml:ry, 2006 between AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, Party of the First Party, and
USPG PORTFOLIO TWO, LLC, a Delaware limited liability company, Party of the
Second Part.
. WITNESSETH: That the said Party of the First Part, for and in consideration of
the sum of Ten and no/100 ($10.00) Dollars, in hand paid, at and before the sealing and
delivery of these present.;, the receipt of whi'~h is hereby acknowledged, has granted,
bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey
unto the said Party of the Second Part, its successors and assigns, the following described
property, to wit:
See Exhibit A, hereto attached and by reference made a part hereof.
TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular
the rights, members and appurtenances thereof, to ihe same being, belonging, or in
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Book 01042:0393 Augusta - Richmontl County
2006009080 03/03/2006 16:37:35.00
anywise appertaining, to the only proper use, benefit and behoof of the said Parry of the
Second Part, its successors and assigns, forever, in Fee Simple.
AND THE SAID Party of the First Part, for itself, its successors and assigns, will
warrant and forever defend the right and title to the above described property, unto the
said Party of the Second Part, its successors and assigns, against the claims of all persons
owning, holding or claiming by, through or under the said Party of the First Part.
IN WITNESS WHEREOF, the said Party of the First Pati has caused this instrument
to be executed by its duly authorized Officers its seal affixed, all on the day and year first
abuve-writteIl.
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SIGNED, SEALED AND DELIVERED
in the presence of:
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Book 01042:0394 Augusta - ~ichmond County
2006009080 03/03/2006 16:37:35.00
EXIllBIT "A"
Tract 2A
ALL THAT TRACT OR PARCEL OF LAND lying and being in the City of
Augusta, 1269th GMD of Richmond County and the 125A GMD of Columbia County,
Georgia and being more particularly described as follows:
Commence at a PK nail set at the northerly right of way of Scott Nixon. Memorial Drive
(variable width) and the ea3terly right of way of Bobby Jones Expressway - S.R. 232
(variable width); thence, along the easterly right of way of Bobby Jones Expressway -
S.R. 232 North 18 degrees 41 minutes 31 seconds West for a distance of218.82 feet to a
point; thence, North 18 degrees 41 minutes 31 seconds West for a distance of 58.44 feet
to an iron pin set; thence, North 22 degrees 58 minutes 22 seconds West for a distance of
134.71 feet to an iron pin set: thence, North 18 degrees 36 minutes 06 seconds West f<Jr a
distance of 190.88 feet to a 1/2 inch rebar found; thence, leaving said right of way North
71 degrees 23 minutes 23 seconds East for a distance of 249.97 feet to a 1/2 inch rebar
found; thence, North 18 degrees 31 minutes 01 seconds West for a distance of 58.50 feet
to a PK nail found; thence, North 18 degrees 26 minutes 20 seconds West for a distance
of 8.78 feet to a 1/2 inch rebar found; thence, along a curve to the left having a radius of
2970.47 feet and an arc length of 524.72 feet, being subtended by a chord of North 22
degrees 49 minutes 43 seconds West for a distance of 524.03 feet to a point; thence,
along a curve to the left having a radius of 2970.4 7 feet and an arc length of 205.17 feet,
being subtended by a chord of North 29 degrees 52 minutes 04 seconds West for a
distance of 205.13 feet to a PK nail set; thence, South 65 degrees 07 minutes 24 seconds
West for a distance of 251.98 feet to a PK nail set on the easterly right of way of Bobby
Jones Expressway - S.R. 232; thence, along said right of way a curve to the left having a
radius of 2720.43 feet and an arc length of 280.40 feet, being subtended by a chord of
North 35 degrees 25 minutes 18 seconds West for a distance of 280.28 feet to an iron pin
set; thence, leaving said right of way North 58 degrees 27 minutes 42 seconds East for a
distance of 242.05 feet to a PK nail set; thence, North 37 degrees 54 minutes 30 seconds
West for a distance of 240.00 feet to an iron pin set; thence, South 46 degrees 39 minutes
10 seconds West for a distance of 251.37 feet to a 5/8 inch rebar found on the easterly
right of way of Bobby Jones Expressway - S;R. 232; thence, along'said right of way
NOlih 46 degrees 28 minutes 02 sec.onds West for a distance of 55.10 feet to a 2 inch
open top pipe found; thence, leaving said right of way North 50 degrees 29 minutes 13
seconds East for a distance of 234.80 feet to an iron pin set; thence, North 50 degrees 40
minutes 20 seconds East for a distance of 418.26 feet to the base of a disturbed 1 inch
rebar found; thence, South 66 degrees 47 minutes 58 seconds East for a distance of
136.16 feet to an iron pin set at the southwesterly comer of the right of way of Chalker
Road (variable width); thence, along said right of way North 66 degrees 20 minutes 01
seconds East for a distance of 30.12 feet to an iron pin set; thence, North 23 degrees 42
minutes 04 seconds West for a distance of 21.46 feet to an iron pin set; thence, leaving
said right of way North 74 degrees 38 minutes 09 seconds East for a distance of 199.10
feet to a point; thence, North 74 degrees 32 minutes 43 seconds East for a distance of
176.76 feet to a point; thence, North 74 degrees 36 minutes 08 seconds East for a distance
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Book 01042:0395 Augusta - Richmond County
200600908003/03/2006 16:37:35.00
of 18.80 feet to a PK nail set, said point being the TRUE POINT OF
BEGINNING;
thence, North 75 degrees 04 minutes 55 seconds East for a distance of 102.26 feet to a
point; thence, South 14 degrees 34 minutes 10 seconds East for a distance of 75.76 feet to
a point; thence, South 13 degrees 18 minutes 57 seconds West for a distance of 100.85
feet to a point; thence, South 18 degrees 57 minutes 26 seconds East for a distance of
128.09 feet to a point; thence, South 19 degrees 42 minutes 21 seconds East for a distance
of 113.51 feet to a point; thence, South 20 degrees 07 minutes 09 seconds East for a
distance of 83.89 feet to a point; thence, South 18 degrees 49 minutes 40 seconds East for
a distance of 122.69 feet to a point; thence, South 03 degrees 05 minutes 40 seconds West
for a distance of 175.89 feet to a point; thence, South 71 degrees 10 minutes 57 seconds
West for a distance of 16.27 feet to a point; thence, North 10 degrees 52 minutes 44
seconds \Vest for a distance of 255.52 feet to a 1/2 inch rebar found; thence, North 00
degrees 43 minutes 49 seconds East i-llr a distance.:J[ 58.84 feei to a 1/2 inch rebar found;
thence, North 18 degrees 16 minutes 31 seconds West for a distance of 182.56 feet to a
PK nail found; thence, North 23 degrees 05 minutes 51 seconds West for a distance of
288.97 feet to a PK nail set, said point being the TRUE POINT OF BEGINNING;
Said property contains 33,120 square feet or 0.76 acres, as shown on that certain
ALTAlACSM Land Title Survey for: Eric S. Zorn, as Trustee of\Val-Mlli"i Real Estate
Business Trust, Eric S. Zorn, as Trustee of Sam's Real Estate business Trust & Chicago
Title Insurance Company, prepared by Wolverton & Associates, under seal and
certification of Le\\ris M. Brown, Jr., GRLS No. 2283, dated September 15,2005, last
revised November 15,2005.
TOGETHER WITH:
Tract 2B
ALL THAT TRACT OR PARCEL OF LAND lying and being in the City of
Augusta, 1269th GMD of Richmond County and the 125A GMD of Columbia County,
Georgia and being more p(irticularly described as follows:
Commence at a PK nail set at the northerly right of way of Scott Nixon Memorial Drive
(variable width) and the easterly right of way of Bobby Jones Expressway - S.R. 232
(variable width); thence, along the easterly right of way of Bobby Jones Expressway -
S.R. 232 North 18 degrees 41 minutes 31 seconds West for a distance of218.82 feet toa
point; thence, North 18 degrees 41 minutes 31 seconds West for a distance of 58.44 feet
to an iron pin set; thence, North 22 degrees 58 minutes 22 seconds West for a distance of
134.71 feet to an iron pin set; thence, North 18 degrees 36 minutes 06 seconds West for a
distance of 190.88 feet to a 1/2 inch rebar found; thence, leaving said right of way North
71 degrees 23 minutes 23 seconds East for a distance of 249.97 feet to a 1/2 inch rebar
found; thence, North 18 degrees 31 minutes 01 seconds West for a distance of 58.50 feet
to a PK nail found; thence, North 18 degrees 26 minutes 20 seconds West for a distance
of 8.78 feet to a 1/2 inch rebar found; thence, along a curve to the left having a radius of
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Book 01042:0396 Augusta - Richmond County
200600908003/03/2006 16:37:35.00
2970.47 feet and an arc length of 524.72 feet, being subtended by a chord of North 22
degrees 49 minutes 43 seconds West for a distance of 524.03 feet to a point; thence,
North 71 degrees 10 minutes 57 seconds East for a distance of 140.70 feet to a point;
thence, North 11 degrees 10 minutes 57 seconds East for a distance of 63.61 feet to a
point; thence, North 48 degrees 49 minutes 03 seconds West for a distance of 64.82 feet
to a point; thence, North 11 degrees 10 minutes 57 seconds East for a distat1ce of 64.51
feet to a point; thence, North 48 degrees 49 minutes 03 seconds West for a distance of
33.38 feet to a point; thence, North 71 degrees 10 minutes 57 seconds East for a distance
of 147.23 feet to a point; thence, North 18 degrees 49 minutes 03 seconds West for a
distance of 19.89 feet to a point; thence, North 71 degrees 10 minutes 58 seconds East for
a distance of 269.33 feet to a point; thence, South 18 degrees 49 minutes 03 seconds East
for a distance of 188.40 feet to a point; thence, North 71 degrees 10 minutes 57 seconds
East for a distance of 60.77 feet to a point ;, said point being the TRUE POINT OF
BEGINNING;
thence, North 71 degrees 10 minutes 57 seconds East for a distance of 16.27 feet to a
point: thence, South 03 degrees 05 minutes 40 seconds West for a distance of 66.73 feet
to a point; thence, North 10 degrees 52 minutes 44 seconds West for a distance of 62.50
feet to a point; said point being the TRUE POINT OF BEGINNING;
Said property contains 504 square feet or 0.01 acres, as shown on that certain
ALTA/ACSM Land Title Survey for: Eric S. Zorn, as Trustee ofWal-Mart Real Estate
Business Trust, Eric S. Zorn, as Trustee of Sam's Real Estate business Trust & Chicago
Title Insurance Company, prepared by Wolverton & Associates, under seal and
certification of Lewis M. Brown, Jr., GRLS No. 2283, dated September 15,2005, last
revised November 15,2005.
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Book 01042:0397 Augusta - Richmond County
2006009080 03/03/2006"16:37:35.00
RESOLUTION
AUTHORIZING THE CONVEYANCE AND ACCEPTANCE OF PROPERTY IN
CONNECTION WITH RENOVATION AND EXPANSION OF PROPERTY
FRONTING BOBBY JONES EXPRESSWAY
WHEREAS, on October 24, 2005 a proposal was brought before the Augusta
Richmond County Commission wherein Augusta, Georgia would convey real property
abutting property of USPG Portfolio Two, LLC to USPG Portfolio Two, LLC in
exchange for property of Wal-Mart Stores, Inc., in connection with the expansion and
renovation of the improvements located at the shopping center located on Bobby Jones
Expressway where Sam's Club and Wal-Mart is located; and
Whereas, the Augusta-Richmond County Commission approved such exchange of
property; and
Whereas, in further review of the proposed expansion and renovation, it became
apparent to USPG Portfolio Two, LLC that additional land as well as a "no build"
easement would be necessary for the project to proceed forward; and
Whereas, the revised proposal was brought before the Augusta-Richmond County
Commission on November 1,2005, and the revised land swap, along with the granting of
the "no build" easement was approved by the Augusta-Richmond County Commission.
".
NOW, THEREFORE, it is hereby resolved as follows:
1. The land to be conveyed to Augusta, Georgia by Wa1-Mart Stores, Inc., is of
equal or greater value than the property and easement to be conveyed to USPG Portfolio
Two, LLC.
2. That the Mayor of Augusta is authorized and shall execute the Limited
Warranty Deed and No-Build Easement and shall further acknowledge acceptance of the
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Book 01042:0398 Augusta.. Richmond County
2006009080 03/03/2006 16:37:35.00
property to be conveyed by Wal-Mart Stores, Inc. to Augusta, Georgia, and such other
documents reasonably necessary to close such transaction, all in form as approved by the
County Attorney.
3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond
County Commission, accompanied by the exhibit referred to herein.
Duly adopted by the Augusta-Richmond County Commission, November 1,2005.
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BY: (
ATTEST:
(Seal)
Filed in this office:
Augusta - Richmond County
03/03/200616:37:35.00
Eiaine C. johnson
Clerk of Superior Court