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HomeMy WebLinkAboutElna J. Harbin Augusta Richmond GA DOCUMENT NAME: E:\\'\(\ ~ , \-\QYQG DOCUMENT TYPE: YEAR:~ BOX NUMBER: \ q FILE NUMBER: \19~ NUMBER OF PAGES: .~ ... , JJ~ # I' ?ry ..t~ ... /,l~ (\ 70ft! ~b 75 r5 Book 00881:1614 Augusta - Richmond County 200303971409/03/20030936:35.03 $0.00 POWER OF ATTORNEY liiiiiiiiiii.iilllUiiiiiiiiiiiiiiiiii"liiii"iiiii iiiii"iiii iiii 2003039714 Augusta - Richmond County /' i LF205-04 R205-04 GENERAL POWER OF ATTORNEY (With Durable Provision) NOTICE: TillS IS AN IMPORTANT DOCUMENT. BEFORE SIGNING TillS DOCU- MENT, YOU SHOULD KNOW THESE IMPORTANT FACTS. THE PURPOSE OF TillS POWER OF ATTORNEY IS TO GIVE THE PERSON WHOM YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO PLEDGE, SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOu. YOU MAY SPECIFY THAT THESE POWERS WILL EXIST EVEN AFTER YOU BECOME DISABLED, INCAPACITATED OR INCOMPETENT. TillS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS FOR YOu. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOu. YOU MAY REVOKE TillS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. TO ALL PERSONS, be it known that I, 'E) l) ~ .;j f} If(%. p).d of the undersigned Grantor, do hereby make and grant a general power of attorney to :d ~,';:/r1!cdfi" /lppofiZ:t.;;::' "' my 'tlom'y-in-f""'g,nl. My attorney-in-fact/agent shall act in my name, place and slead in any way which I myself could do, if I were personally present, with respect to the following matters, to the extent that I am permitted by law to act through an agent: (NOTICE: The grantor must write his or her initials in the corresponding blank space of a box below with respect to each of the subdivisions (A) through (0) below for which the Grantor wants to give the agent authority. If the blank space within a box for any particular subdivision is NOT initialed, NO AUTHORITY WILL BE GRANTED for matters that are included in that subdivision. Cross out each power withheld.) [ t}tt] eI) Real estate transactions QJ1flj,/'U.rA-I' -- J____,,<J~ r) f~;i: ; [ ] (B) Tangible personal property tnfnsacti06r~""'v",-'" 7- b ~. {/. 1 i7J IiI . :> [ ] (C) Bond: share and ~ommodity transactions Jj.1, [:4,1;{ /11;: A- [~f{~ ().J ~~ [ ] (D) Bankmg transactIOns ~ [ ] (E) Business operating transactions n .. ~ A--t.,.j.) ~ .:0 D'1 Q 7 [ ] (F) Insurance transactions 'v::J~'-' [ ] (G) Gifts to charities and individuals other than Attorney-in-Fact/Agent (H trust distributions are involved or tax consequences are anticipated, consult an attorney.) @ 1992-200 I Made E-Z Products. Inc. Page I Rev. I % I This product does not constitute the rendering of legal advicc or services. This product is intended for infomlational use only and is not a substitute for legal advice. State laws vary. so consult an allorney on all legal mallers. This product was not necessarily prepared by a person licensed to practice law in your state. APAK ~ .. . 1()LrtDt5/5 ~". (H) Claims and litigation (I) Personal relationships and affairs (J) Benefits from military service (K) Records, reports and statements (L) Full and unqualified authority to my attomey-in-fact/agent to delegate any or all of the foregoing powers to any person or persons whom my attomey-in-fact/agent shall select (M) Access to safe deposit box(es) (N) To authorize medical and surgical procedures (Pennsylvania only) (0) All other matters Durable Provision: ~,/ I (P) H the blank space in the block to the left is initialed by the Grantor, this power of attorney shall not be affected by the subsequent disability or incompetence of the Grantor. Other Terms: Book 00881 :1615 Augusta - Richmond County 2003039714 09/03/2003 09:36:35.03 My attorney-in-fact/agent hereby accepts this appointment subject to its terms and agrees to act and perform in said fiduciary capacity consistent with my best interests as he/she in his/her best discretion deems advisable, and I affirm and ratify all acts so undertaken. TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY THIRD PARTY RECEIVING A DULY EXECUTED COPY OR FACSIMILE OF THIS INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION OR TERMINATION SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT. y.;l. day of Signed under seal this IJvr~1 x~ r; }/~.i Grantor ,20 ~ (L~'r () 'witness Signed in the presence of: ~ tJUrt: Witness Atlomey-in-Fact/Agent befo,e me.} r./ v p -t. If" ,,-u,<< ~ ,I/o Iy f",j 1""'- . appeared E:' LAI~ ..J fJ/II C' f/ A;rr.. 6/ AI , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherl1heir authorized capac- ity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. C (~w\l State of ;), I () County of 6~ On 8/Y(O:!. Signature HUGO J. MARTINEZ ~ COMM. # 1396806 NOTARY PUBlIC~AlIFORNIA Q ORANGE COUNTY 0 COMM. EXP. JAN. 28. 2oo7..l Affiant Known ~duced ill Type of ill D L d.:(;f l' (30)' - c.4 (Seal)_.~ . Page 2 Filed in this office: Augusta - Richmond County 09/03/200309:36:35.03 _ Elaine C. Johnson Clerk of Superior Court APAK .. Book 00881:1616 Augusta - Richmond County 2003039715 09/03/2003 09:36:35.04 $0.00 AGREEMENT 11....a..all ..11. ..'..IIIU..,.. 1111111111"..,11",111I111. - 1111111111111111111111111111111111111111111111111111111111I1 2003039715 Augusta - Richmond County Rcturn to: H:.my D. Rcvcll 454 Grecne Street I\ugllsta. GA 30901 (706) 722-0768 CONTRACT FOR SALE OF REAL PROPERTY Augusta-Richmond County, Georgia Voluntary Acquisition Program Contract For Sale of Real Property THIS AGREEMENT made and entered into the <;:;'t:k day of August, 2003, by and between Kimberly A. Pitcher and Elna J. Harbin, herein designated as "Seller," and Augusta, Georgia (ajkja Augusta-Richmond County), WITNESSETH: WHEREAS, the Seller is the owner of certain real property being described as follows: ALL THAT LOT OR PARCEL OF LAND. with improvements thereon. situate. lying and being in the State of Georgia. County of Richmond. being known and designated as Lot qo. Commonwealth Subdivision as shown on a plat recorded in the Office of the Clerk of the Superior Court of Richmond County. Georgia in Deed Reel 4S1. Page 2381. Reference is hereby made to said plat for a more complete and accurate description of said property hereby conveyed. Said property is hereby conveyed subject to applicable easements and restrictions shown on said plat and filed of record. AND WHEREAS, Augusta, Georgia, a local government of the State of Georgia (hereinafter referred to as the "Subgrantee"), acting pursuant to its legal authority in administering its GEMA Hazard Mitigation Grant Program project, wishes to purchase the above described real property (hereinafter referred to as "Property"). Book 00881 :1617 Augusta - Richmond County 2003039715 09/03/2003 09:36:35.04 NOW THEREFORE, for and in consideration of the covenants and obligations contained herein, the parties agree as follows: 1. AGREEMENT TO SELL. The Seller agrees to sell the Property to the Subgrantee, together with all the Seller's right, title, and interest in all Fixtures, Buildings, and Improvements located on the above-described real property, and under any easement and servitude for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions, and modifications. 2. PURCHASE PRICE: The Subgrantee agrees to purchase all the Seller's right, title, and interest in the Property for the sum of $82.200.00, payable on the Closing Date, which sum shall be reduced by any amounts paid by the Subgrantee on behalf of the Seller for the purposes set forth in paragraph loA, and shall be reduced by any amounts for required FEMA deductions as set forth in paragraph lOB. The Seller shall receive no other compensation from the Subgrantee for all of Seller's right, title, and interest in the Property. 3. TITLE: The Subgrantee shall cause to be prepared, at it's expense, an Opinion of Title for the Property, continued to a date subsequent to the date of this Contract. The Opinion of Title shall show merchantable title in Seller, subject only to Permitted Exceptions in Paragraph 5. In the event that title curative work is necessary, such work shall be performed by the Subgrantee's title examiner, or an attorney of the Subgrantee's choosing. The Seller shall pay all costs required to perfect its title to the Property prior to Closing, or costs of title curative work shall be deducted from the Purchase Price of the Property at Closing. 4. DEED: Within one hundred and twenty (120) days from the date of this Contract, or other date as shall be mutually agreed upon by Seller and Subgrantee, (hereinafter referred to as the "Closing Date") the Seller shall have completed its obligations under Paragraph 8, and the Seller shall execute to the Subgrantee a General Warranty Deed for Property, in recordable form, conveying fee simple title to the Property to the Subgrantee, subject only to Permitted Exceptions in Paragraph 5. The Seller shall further deliver to the Subgrantee a bill of sale for any personal property included in the sale. Book 00881 :1618 Augusta - Richmond County 2003039715 09/03/2003 09:36:35.04 5. PERMITIED EXCEPTIONS: The Seller agrees to convey good, clear, and marketable title to the Property, subject only to the following "Permitted Exceptions": 1. Zoning and building laws and ordinances; 2. Subject to prior approval of governing body, covenants, restrictions, reservations, and easements of record. 6. FIXTURES AND PERSONAL PROPERlY: For the purposes of this document, Fixtures include all personal property that integrally belongs to or is part of the above-described real estate, whether attached or detached, such as light fixtures (including fluorescent tubes), shades, rods, blinds, Venetian blinds, awnings, storm windows, storm doors, storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning or other equipment other than window type, door chimes, built-in items and electrical service cable, fencing, gates and other attached fixtures, trees, bushes, shrubs, and plants. 7. POSSESSION: On and after the Closing Date, the Subgrantee shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter. 8. INSPECTION OF THE PROPERlY: The Subgrantee, at its expense, shall have the right to conduct such investigations, inspections, and inventories of the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of the making of this Contract for the purposes of investigating, inspecting, and performing inventories of the Property and for other purposes consistent with the Subgrantee's interest under this Contract. REMOVAL OF PERSONAL PROPERlY AND DEBRIS: Prior to the Closing Date, Seller at its own expense shall remove all personal property, equipment and debris from the Property, including but not limited to vehicles, vehicle parts, appliances, storage containers, household cleaners and solvents, construction materials, firewood, etc. In the event Seller fails to remove any such personal property, equipment, and debris prior to the Closing Date, the Subgrantee may use a portion of the Purchase Price to satisfy Seller' obligations under this paragraph. 9. NO HOLDOVER PERIOD FOR OCCUPANTS: Seller shall ensure that it and all other current occupants vacate the Property prior to the Closing Date. - k 00881 :1619 Augusta - Richmond County ~~03039715 09/03/2003 09:36:35.04 10. APPLICATION OF PURCHASE PRICE, DEDUCTIONS, FOR FLOOD ASSISTANCE RECEIVED. A. Prior to disbursing payment to the Seller, the Subgrantee may use a portion of the Purchase Price to satisfy the Seller's obligations under this document to remove personal property and debris and to pay taxes, assessments, liens, acquisition of other parties' outstanding interests in the Property, abstracting, recording fees and other costs incidental to the conveyance by Seller of marketable title to the Subgrantee. B. Seller acknowledges that this voluntary acquisition is made pursuant of a program funded by the Federal Emergency Management Agency (FEMA). In order to prevent the duplication of Federal assistance made to flood disaster victims, FEMA requires that certain types of assistance received by Seller for flood-related damage be deducted from the Purchase Price. Pursuant to the FEMA requirements, the following shall be deducted from the Purchase Price: · an amount equal to all FEMA Emergency Minimal Repair (EMR) assistance received after January 28, 2000; · an amount equal to all FEMA Individual and Family Grant Program assistance received after January 28,2000 for the purpose of making repairs to the Property; · an amount equal to all flood insnrance proceeds received by the Seller January 28, 2000. In addition, pursuant to FEMA requirements, the following shall be deducted from Seller's net proceeds in the Purchase Price (after deductions are made as set forth above for EMR and IFG program assistance and flood insurance proceeds received by the Seller, and after payments are made by Seller for satisfaction of all liens, encumbrances, taxes, assessments, and other costs incidental to the conveyance): · an amount equal to the outstanding balance on all Small Business Administration (SBA) real estate repair and replacement disaster loans received by the Seller after January 28, 2000. Prior to the Closing date, Seller shall provide all information requested by the Subgrantee relating to FEMA, flood insurance, and SBA assistance received by the Seller for flood-related damage. At Closing, the Subgrantee shall prepare and deliver to Seller, a document setting forth the deductions from the Purchase Price required by FEMA. 11. REPLACEMENT HOUSING: The Seller acknowledges that all proceeds from this sale shall be used expressly for the purchase of Replacement Housing, and that Seller is required to relocate outside of the National Flood Insurance Program (NFIP) 100 year flood plain boundaries. Book 00881 :1620 Augusta - Richmond County 2003039715 09/03/2003 09:36:35.04 12. INSURANCE: Seller agrees to maintain and keep in force and effect all existing property and liability insurance until the Closing Date. 13. MAINTENANCE OF THE PROPERTY: The Seller agrees that the Property shall be preserved in its present condition, and Seller shall deliver it intact at the time possession to the Subgrantee is given. All risk of loss or damage to the Property is on Seller until the Subgrantee takes possession. Prior to possession by the Subgrantee, Seller agrees to promptly give written notice to the Subgrantee of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Subgrantee shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the property from causes covered by insurance, the Subgrantee shall have the option to either (1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property: or (2) terminate this Agreement. 14. UTILITIES: The Seller shall be responsible for payment of all utility expenses incurred by it or incurred by any other occupants prior to the Closing Date. 15. TAXES: Seller shall pay a pro-rata share of taxes on the Property (real and personal) for the year of Closing, and all unpaid taxes for prior years. To determine the pro-rata share of taxes for the current year, payable in the next year, the following procedure shall be used: A. The annual tax payment shown on the most recent tax figure for the Property shall be divided by 12 to determine the amount of tax owed for each month. B. The total number of months in the current year shall be determined and multiplied by the monthly amount of tax owed. That figure shall be the portion of taxes to be paid by the Seller on the pro-rata basis. C. When the Closing Date is on or before the 15th of a month, no taxes will be due for that month. When the Closing Date is after the 15th of the month, a full month's taxes shall be due for that month and shall be added to the Seller's pro-rata share. 16. TIME IS OF THE ESSENCE: Time is of the essence in this agreement. Book 00881 :1621 Augusta - Richmond County 2003039715 09/03/2003 09:36:35.04 17. LEASES: Seller represents and warrants to the Subgrantee that there are no leases, tenancies, or other rights of occupancy for use of any portion of the Property. The foregoing representation and warranty shall survive Closing Date. Seller shall hold harmless and indemnify the Subgrantee from and against any claims which may arise or be based upon any alleged leasehold interest, tenancy or other right of occupancy or use for any portion of the Property. 18. APPROVAL OF COURT: If the Property is an asset of any estate, trust or guardianship, this document shall be subject to Court approval prior to payment of Purchase Price, unless declared unnecessary by the Subgrantee. If Court approval is necessary, the appropriate fiduciary shall proceed promptly and diligently to bring the matter to hearing for issuance of a deed. 19. ENVIRONMENTAL ASSURANCES: A. Environmental Representations and Warranties: For the purposes of this Contract, the terms "hazardous substance" shall include every material, waste, contaminant, chemical, toxic pollutant or other substance listed or described in any of the following sources, as amended: (1) the Resource Conservation and Recovery Act of 1976 (RCRA); the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA); (iii) any other federal, state, or local statute or ordinance which defines "hazardous waste" or "hazardous substance", or similar terms, and which could create liability in the Subgrantee; and (iv) any federal, state, or local regulations, rules or orders issued or promulgated under or pursuant to any of the foregoing or otherwise by any department, agency or other administrative, regulatory or judicial body having Subgrantee over the Property. Without limiting the foregoing, the terms "hazardous waste" and "hazardous substance" shall also include all substances or materials containing asbestos, PCBs, or hydrocarbons. The Seller hereby represents and warrants to the Subgrantee that: (1) There are no abandoned wells, agricultural drainage wells, solid waste disposal sites, or underground storage tanks located in, on, or about the Property; (2) There is not currently and has never been any hazardous waste stored, generated, treated, transported, installed, dumped, handled, or placed in, on, or about the Property; - BOO~ 00881 :1622 Augusta - Richmond County 2003039715 09/03/2003 09:36:35.04 (3) At no time have any Federal or State hazardous waste cleanup funds been expended with respect to any of the Property; (4) There has never been any solid waste disposal site or underground storage tank located in, on, or about the Property, nor has there been any release from any underground storage tank on real property contiguous to the Property which has resulted in any hazardous substance coming in contact with the Property; (5) The Seller has not received any directive, citation, notice, letter, or other communication, whether written or oral, from the Environmental Protection Agency, the Georgia Department of Natural Resources, any other governmental agency with authority under any environmental laws of the federal, state, or local government, or any other person or entity regarding the release, disposal, discharge, or presence of any hazardous waste on the Property, or any violation of any such environmental laws; (6) To the best of Seller's knowledge and good faith inquiry, neither the Property, nor any real property contiguous to the Property, nor any predecessors in title to the Property, are in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any environmental laws of the federal, state, or local government. The foregoing representations and warranties, and the Environmental Indemnification set forth in the following subparagraph B shall survive the Closing Date. In addition, any study, investigation or inspection of the Property shall not affect the foregoing representations and warranties and the indemnification provisions in this Contract by the Subgrantee, or any agent of the Subgrantee. B. Environmental Indemnification: The Seller agrees to indemnify and hold harmless the Subgrantee from and against any and all claims, demands, fines, penalties, causes of action, losses, damages, liabilities, expenses, and costs (including court costs and reasonable attorney's fees -- which may include the value of services provided by the Subgrantee's attorney incurred by the Subgrantee to enforce this provision) asserted against or incurred by the Subgrantee by reason of or arising out of the breach of any representation or warranty of the Seller set forth above. C. Additional Environmental Provisions: The Seller shall not store, generate, treat, transport, install, dump, handle, or place in, on, or about any portion of the Property any hazardous waste or hazardous substance. If the Seller receives any notice from any governmental authority or any other party regarding the release or presence of any hazardous waste or hazardous substance on any portion of the Property, the Seller shall immediately notify the Subgrantee of such fact. In addition, the Subgrantee or its agents shall have the right to enter upon the Property at any time to perform additional , environmental studies. If at any time the Subgrantee in its sole and unreviewable ' discretion determines that hazardous wastes or hazardous substances are present on any portion of the Property, the Subgrantee may terminate this Contract immediately. Book 00881 : 1623 Augusta - Richmond County 2003039715 09/03/2003 09:36:35.04 20. CONTRACT BINDING ON SUCCESSORS IN INTEREST: This document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. 21. PARAGRAPH HEADINGS: The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 22. NO BROKERS: Each party hereto represents that no real estate broker commission shall be due on the conveyance of the Property in this Contract. 23. VOLUNTARY TRANSACTION: The Seller, as owner of the Property acknowledges that the Subgrantee has entered this Contract for purchase of the Property pursuant to the Subgrantee's Voluntary Acquisition Program, and that the Seller's acceptance of the terms of this Contract is voluntary. Seller is under no duress or coercive action by the Subgrantee to accept the terms of this Contract, and the Subgrantee will not pursue acquisition of the Property by eminent domain or other means if the Seller declines to sell the Property under the Voluntary Acquisition Program. Seller further acknowledges that upon the Closing Date, it will be necessary to move permanently from the Property. 24. COUNCIL/COMMISSION APPROVAL: This Contract is subject to approval of the Subgrantee governing body, and shall become binding and enforceable against the Subgrantee only after approval by the Subgrantee's governing body. 25. EXHIBITS: Exhibit "1" (Bill of Sale); Exhibit "2" (Subgrantee's Right to enter and inspect and notice of intent to take soil boring and ground water sample); Exhibit "3" (Certificate of Removal of Personal Property and Debris); Exhibit "4" (Disclosure and certification of flood assistance); Exhibit "5" (Certification to use Funds for Replacement Housing); Exhibit "6" (Property Inventory). 26. SEVERABILITY: Any part or provision of this Contract held invalid win be severed from the Contract, without affecting the validity of any other provisions or the entire Contract. Book 00881:1624 Augusta - Richmond Coun~ 2003039715 09/03/2003 09:36:35.04 "t?- IN WITNESS WHEREOF, this the ~ day of August, 2003, the parties hereto agree to the terms contained herein. SELLER: ~ ~~a, ~ mberly A. her AUG~, ffE BY: ~ As its Mayor . t) />r. ~.3c,llY\. c.a...~ Nota Public '\I >> ~J.. ~ County, GA ~) " :::':"~.~\:~}/'.:..'.~' ..':~. ,). ;.;, I.~' ,;. . ',.r, 'S(!,f: r)'~:'i,'> > . ';';' . ll~""""" ','." _: l'~..'. .}I/,lltt,t.,.., \ I ~:,.~,~~:..~, . . . My Commission Expires: 'J-- J<t-Ol Book 00881 :1625 Augusta - Richmond County 2003039715 09/03/2003 09:36:35.04 Exhibit "1" BILL OF SALE We, Kimberly A. Pitcher and Elna J. Harbin, the hereinafter "Seller," for good and valuable consideration, receipt of which is hereby acknowledged, does hereby sell, convey, assign, transfer and release to Augusta, Georgia (a/k/a Augusta-Richmond County), all the Seller's right, title, and interest in all Fixtures, improvements, and personal property located on the Property at 46 Dominion Way, Augusta, Georgia and legally described as: ALL THAT LOT OR PARCEL OF LAND, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, being known and designated as Lot QO, Commonwealth Subdivision as shown on a plat recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Reel 4.'\1, Page 2~81. Reference is hereby made to said plat for a more complete and accurate description of said property hereby conveyed. Said property is hereby conveyed subject to applicable easements and restrictions shown on said plat and filed of record. Free and clear of all liens, encumbrances, reservations, exceptions, and modifications. For the purposes of this document, said Fixtures, improvements, and personal property include all property that integrally belongs to or is part of the above-described real- estate, whether attached or detached, such as light fixtures (including fluorescent tubes), shades, rods, blinds, Venetian blinds, awnings, storm windows, storm doors, storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning or other equipment other than window type, door chimes, built-in items and electrical service cable, fencing, gates and other attached fixtures, trees, bushes, shrubs, and plants. This the S~y of 2003. ~ .mberlyA. ~.~~~ ,M. Witness my hand and official seal thiss=t day of ~ 2003. ~ dr l22 . C ~~u.- Nota Public \ . (.1\ ~p"- , County, GA ~<? -07 - usta - Richmond County Book 00881 :1626 A9u9/03/2003 09:36:35.04 2003039715 0 Exhibit "2" SUBGRANfEE'S RIGHT TO ENTER AND INSPECT AND NOTICE OF INTENT TO TAKE SOIL BORING AND GROUND WATER SAMPLES The undersigned owners of the following described property commonly known as 46 Dominion Way. Augusta. Georgia, and legally described as: ALL THAT LOT OR PARCEL OF LAND. with improvements thereon. situate. lying and being in the State of Georgia. County of Richmond. being known and designated as Lot qo. Commonwealth Subdivision as shown on a plat recorded in the Office of the Clerk of the Superior Court of Richmond County. Georgia in Deed Reel 4!11. Page 2~81. Reference is hereby made to said plat for a more complete and accurate description of said property hereby conveyed. Said property is hereby conveyed subject to applicable easements and restrictions shown on said plat and filed of record. Hereby grant to Augusta, Georgia (a/k/a Augusta-Richmond County), the right to enter upon and conduct such investigations, inspections, and inventories of the property, as it deems reasonable or necessary prior to closing. The right to enter shall include a temporary easement to allow Augusta, Georgia, its agents, contractors, or employees a right to enter in, upon, and onto the above described property for the purpose of hauling transporting, and storage of materials and equipment used for the purpose of soil boring or taking ground water samples. It is understood and agreed that Augusta. Georgia will remove all of said materials and equipment except marks and location stakes from the premises within 10 days after the above described investigations, inspections, and inventories have been completed. It is understood and agreed that Augusta. Georgia will restore the test sample areas to original condition where reasonably possible. It is understood and agreed that Augusta. Georgia will report the test results of the soil and ground water samples to the Federal Emergency Management Agency and the Georgia Department of Natural Resources. aP This the:;) day 0 ugust, 2003. . m erly A. Pite ~r {(;;~ifu~ Stf ~ c-t. ,R"A. Witness my hand and official seal this ~ day of ~ M.-l'\t ,2003. ~ ull~ \fr1 C~ II ~ Public flt (~~ COUl).ty, GA My commission expires on: "3,.. \ '{, -0/ 8y~ MARLO M. CARVER SEAL . Notary Public l\"1 J STATE OF GEORGIA ~D ~o., My Comm. Exp. 3/18/07 Book 00881 :1627 Augusta - Richmond County 2003039715 09/03/2003 09:36:35.04 Exhibit "3" CERTIFICATE OF REMOVAL OF PERSONAL PROPERTY AND DEBRIS We, Kimberly A. Pitcher and Elna J. Harbin, owner of the Property commonly referred to as 46 Dominion Way. Augusta. Georgia. hereby state that we have removed all personal property, equipment, and debris, including but not limited to, vehicles, vehicle parts, appliances, storage containers, household cleaners and solvents, construction materials, firewood, etc. from the Property site. We further declare that all personal property remaining on the premises is hereby abandoned and we relinquish any further claim thereto. This the ~ day of ~-y~~ 2003. (!/jraaj-l~Sj ~ .}'O.4. Witness my hand and official seal this s\aay of ~ ~ o ~~c~k~ounty,GA My commission expires on: ~I <?s- ,6 1 2003. Book 00881 :1628 Augusta - Richmond Coun~ 2003039715 09/03/2003 09:36:35.04 Exhibit" 4" DISCLOSURE AND CERTIFICATION OF FLOOD ASSISTANCE We, Kimberly A. Pitcher and Elna J. Harbin, are voluntary participants in the County of Augusta-Richmond Voluntary Acquisition Program. We understand that pursuant to the requirements of the Federal Emergency Management Agency (FEMA), the Augusta- Richmond County Emergency Management Agency (ARC EMA) is required to deduct certain types of assistance which we have received for flood-related damage from the purchase price of our property. We hereby certify that the following is a true and complete disclosure of flood-related assistance we received in the following categories: 1. FEMA Individual and Family Grant Program assistance for repairs to the Property: $ ~ _ t')~ ).D All flood insurance proceeds received after JaRU8.P) 2'8,2000: $ e:> 2. 3. FEMA Minimal Repairs Assistance: $ 0 4. Outstanding balance on any Small Business Administration (SBA) real estate repair and replacement disaster loans received after J:ml1~~Wi8, 2000: $ C> ,!)"""'~ '2d1 We authorize the ARC EMA to verify the above Duplication of Benefits information with FEMA and the SBA. This the ~Pday of ~ 2003. m erly A. . ~.~. ~ f?tj~J~ r;;~ r.d,4. Witness my hand and official seal thisS1.!day of ~t- , 2003. ~Ov VYl~.<Y- Nota Public My commission expires on: J ~ I ~ - 0; Book 00881:1629 Augusta - Richmond cou~ty 2003039715 09/03/2003 09:36:35.04 Exhibit "5" CERTIFICATION TO USE FUNDS FOR REPlACEMENT HOUSING We, Kimberly A. Pitcher and Elna J. Harbin are voluntarily participating in the County of Augusta-Richmond Voluntary Acquisition Program. We understand and agree that. Augusta. Georgia's funds designated for the purchase of our Property under this program must be used expressly for the purpose of replacement housing. We hereby represent and warrant that the funds provided to us by Augusta. Georgia for the acquisition of our property will be used expressly for the purpose of replacement housing. This the ~ay of ~, ;003. lie It. 0?~ Kim~ ~.I-f~ 4-<1 J!yrUfjl~~ P. tJA. ~a~n J Witness my hand and official seal this S:~y of 0 ~ 2003. ~/)f)~J l/h . ~ NotaI1lPublic.~...l ~ County, GA My commission expires on: ::3 ,/ I X ' c 7 . I' Book 00881 :1630 Augusta - Richmond County 2003039715 09/03/2003 09:36:35.04 Exhibit "6" PROPERTY INVENTORY We, Kimberly A. Pitcher and Elna J. Harbin, are voluntarily participating in the County of Augusta-Richmond Voluntary Acquisition Program. We understand that prior to Closing, Augusta. Georgia must conduct a property inventory for our Property commonly known as 46 Dominion Way. Augusta. Georgia for the purpose of inspecting the real property which Augusta. Georgia will acquire, the personal property which we must remove prior to Closing, and any hazardous materials which we must remove from the property prior to Closing. We agree to be present with a representative, employee, or agent of Augusta. Georgia for inspection and inventory of the property at a time to be scheduled within a reasonable time prior to the Closing Date. This the r 't'-day o~ ,2003. ~~~.flJy iJ;;nL~(j)~ rW) Witness my hand and official seal this~day o~J , 2003. 6 ~~.~ Nota PublicJ7jd~ County, GA My commission expires on: 3 --l ~ ,(Sj Filed in this office: Augusta - Richmond County 09/03/2003 09:36:35.04 Elaine C. Johnson Clerk of Superior Court . ;\ , " . Book 00881:1610 Augusta - Richmond County 200303971309/03/200309:36:35.02 $0.00 WARRANTY DEED - lllIllllllIllill/ iilii 11111 ii/iilljliiiiilliii!liiiiliii iiil -- - . 2003039713 Augusta - Richmond County Rcturn to: Harry D. Rcvcll 454 Grccne Street Augusta, Georgia 30901 (706) 722-0768 WARRANTY DEED STATE OF GEORGIA COUNTY OF RICHMOND THIS INDENTURE, made and entered into this C:;~ay of August, 2003, between KIMBERLY A. PITCHER and ELAN J. HARBIN, as Party of the First Part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as Party of the Second Part; WITNESSETH THAT THE SAID Party of the First Part, for and in consideration of the sum of Fifty Eight Thousand Six Hundred and No Cents ($82,200.00) Dollars in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Party of the Second Part, its successors and assigns, the following described property, to wit: ALL THAT LOT OR PARCEL OF LAND, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, being known and designated as Lot 90, Commonwealth Subdivision as shown on a plat recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Reel 451, Page 2381. Reference is < , Book 00881:1611 Augusta - Richmond Coun~ 200303971309/03/200309:36:35.02 hereby made to said plat for a more complete and accurate description of said property hereby conveyed. Said property is hereby conveyed subject to applicable easements and restrictions shown on said plat and filed of record. THE ATTACHED "DEED RESTRICTIONS" are attached hereto and, by reference, made a part hereof. TO HAVE AND TO HOLD the said described property, with all and singular the rights, members and appurtenances thereunto appertaining, to the only proper use, benefit and behoof of the said Party of the Second Part, its successors and assigns, in Fee Simple. AND THE SAID Party of the First Part warrants and will 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 lawful 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 Part has caused same to be executed by the proper officials, with affixed seal, and delivered these presents the day and year first above written. ~/A~ if d:rJi~, K1mberly A. P' I' Witness .. Book 00881 :1612 Augusta - Richmond County . 2003039713 09/03/2003 09:36:35.02 "Deed Restrictions" WITNESSETH WHEREAS, this property is being purchased under the Hazard Mitigation Grant Program, authorized by Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, PL 93-288 as amended; and WHEREAS, the State of Georgia has entered into a Cooperative Agreement with Augusta, Georgia, dated July 13, 2000, and herein incorporated by reference, in which Augusta, Georgia will use the property described hereafter under the terms and conditions thereunder; and NOW, THEREFORE, this conveyance is made upon the express conditions that: 1. The premises shall only be used for purposes consistent with open space, recreational, or wetlands management purposes (as defined in Title 44, Code of Federal Regulations, part 206.434, as it appears now or may hereafter be amended); 2. No future disaster assistance for any purpose from any Federal source will be sought or provided with respect to the property; and 3. There shall not be erected on the premises any new structures or other improvements other than rest rooms, or a public facility that is open on all sides and functionally related to open space uses. 4. The sub-grantee agrees that it shall convey the property only to another public entity and only with prior approval from GEMA and the Regional Director of FEMA. Such conveyance shall be made expressly subject to the above-referenced conditions and restrictions, which shall run with the property in perpetuity. In addition, for property that is transferred to another public entity, that public entity must obtain approval from GEMA and the Regional Director of FEMA to convey the property to another public entity. Any breach or threatened breach of the above conditions may be enjoined upon application by the State of Georgia. In addition, the State of Georgia shall have the option to repurchase the above described premises for the sum of One Dollar ($1.00), if the Grantee, its successors or assigns shall have failed to remove or correct any violation of the above conditions within thirty (30) days after the mailing of written notice thereof by said State of Georgia or its successor, to the Grantee, its successors or assigns. . . Book 00881 :1613 Augusta - Richmond County 200303971309/03/200309:36:35.02 '1 . The above conditions and restrictions, along with the right to enforce same are deemed to be covenants running with the land in perpetuity and are binding on subsequent successors, grantees, or assigns. The Grantor releases and deeds unto Augusta, Georgia and its assigns, all right, title, and interest which Grantor may have in the banks, bed and waters opposite to or fronting upon said land, and in any alley, road, street, ways strips, gores and railroad right-of-way abutting or adjoining said lands, and in any means of ingress and egress appurtenant thereto. TO HAVE AND TO HOLD the said premises with all and singular the rights and privileges thereunto belonging unto Augusta, Georgia and its assigns forever. THIS conveyance is expressly subject to rights outstanding in third parties for existing easements for public road and highways, public utilities, railroads, and pipelines. Witness my hand and official seal this s:::. day o{l1 ~" 2003. SIGNED, SEALED AND DELNERED in the presence of: :~~E~:i f3 1/ # --!~ 1-<) >>;.1 ~ -'r'J U nofficial.Wttness \ I', ,.." \ . ... il .t .( . '" . .'- . 7'9d~:dJ~9?~ A~ST<" tt.": Noblry HC :. : ~' . ');f) A / /I ,,#. Rk~~o'fl6lFe~Ittyl<Georgia ') '~pv~0 . "? '. .' ~" Notary Public. ColumbIa County, Georg,J:lerk :/1.' '. . ,,' My Coirl'mlssi6n Expires: My Commission Expires Aug. 1.2006 <O.l.'.:;.. . . (SEAL) Filed in this office: Augusta - Richmond County 09/03/2003 09:36:35.02 Elaine C. Johnson Clerk of Superior Court ~ \ ,I Book 00881:1721 Augusta - Richmond County 2003039731 09/03/200309:51 :21.01 $0.00 AGREEMENT - .1.1.'111,11111.1111I.11111.1111"'"111I11.11111''''' 1111111111"1 /111I11111111111I1111111I111111111111111111I11I11111I11111I1 2003039731 Augusta - Richmond County Return to: Harry D. Rcvcll 454 Grcenc Strcet Augusta, GA :W901 (706) 722-0768 CONTRACT FOR SALE OF REAL PROPERTY Augusta-Richmond County, Georgia Voluntary Acquisition Program Contract For Sale of Real Pr~rty THIS AGREEMENT made and entered into the ~ day of August, 2003, by and between W. Mark Adams and Wanda Louise Horne Adams, herein designated as /. "Seller," and Augusta, Georgia (a/k/a Augusta-Richmond County), /' WITNESSETH: WHEREAS, the Seller is the owner of certain real property being described as follows: ALL THAT LOT OR PARCEL OF LAND, vvith improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, being known and designated as Lot <)2, Phase II-B, of Commonwealth Subdivision, as more particularly shown on a plat prepared by Southern Partners, Inc. for Crane Creek Development Co., Inc. dated 1/10/04, said plat recorded in the Office of the Clerk of Richmond County, Georgia in Reel 4~1, Page 2:\81. Reference is hereby made to said plat for a more complete and accurate description of said property hereby conveyed. This conveyance is made subject to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said property. AND WHEREAS, Augusta, Georgia, a local government of the State of Georgia I (hereinafter referred to as the "Subgrantee"), acting pursuant to its legal authority in Book 00881 :1722 Augusta - Richmond Coun~ 2003039731 09/03/2003 09:51 :21.01 administering its GEMA Hazard Mitigation Grant Program project, ",rishes to purchase the above described real property (hereinafter referred to as "Property"). NOW THEREFORE, for and in consideration of the covenants and obligations contained herein, the parties agree as follows: 1. AGREEMENT TO SELL. The Seller agrees to sell the Property to the Subgrantee, together with all the Seller's right, title, and interest in all Fixtures, Buildings, and Improvements located on the above-described real property, and under any easement and servitude for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions, and modifications. 2. PURCHASE PRICE: The Subgrantee agrees to purchase all the Seller's right, title, and interest in the Property for the sum of $1:\8.600.00, payable on the Closing Date, which sum shall be reduced by any amounts paid by the Subgrantee on behalf of the Seller for the purposes set forth in paragraph loA, and shall be reduced by any amounts for required FEMA deductions as set forth in paragraph lOB. The Seller shall receive no other compensation from the Subgrantee for all of Seller's right, title, and interest in the Property. 3. TITLE: The Subgrantee shall cause to be prepared, at it's expense, an Opinion of Title for the Property, continued to a date subsequent to the date of this Contract. The Opinion of Title shall show merchantable title in Seller, subject only to Permitted Exceptions in Paragraph 5. In the event that title curative work is necessary, such work shall be performed by the Subgrantee's title examiner, or an attorney of the Subgrantee's choosing. The Seller shall pay all costs required to perfect its title to the Property prior to Closing, or costs of title curative work shall be deducted from the Purchase Price of the Property at Closing. 4. DEED: Within one hundred and twenty (120) days from the date of this Contract, or I other date as shall be mutually agreed upon by Seller and Subgrantee, (hereinafter referred to as the "Closing Date") the Seller shall have completed its obligations under Paragraph 8, and the Seller shall execute to the Subgrantee a General Warranty Deed for Property, in recordable form, conveying fee simple title to the Property to the Subgrantee, subject only to Permitted Exceptions in Paragraph 5. The Seller shall further deliver to the Subgrantee a bill of sale for any personal property included in the sale. Book 00881 :1723 Augusta - Richmond County 2003039731 09/03/2003 09:51 :21.01 5. PERMITTED EXCEPTIONS: The Seller agrees to convey good, clear, and marketable title to the Property, subject only to the following "Permitted Exceptions": 1. Zoning and building laws and ordinances; 2. Subject to prior approval of governing body, covenants, restrictions, reservations, and easements of record. 6. FIXTURES AND PERSONAL PROPERTY: For the purposes of this document, Fixtures include all personal property that integrally belongs to or is part of the above-described real estate, whether attached or detached, such as light fixtures (including fluorescent tubes), shades, rods, blinds, Venetian blinds, awnings, storm windows, storm doors, storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning or other equipment other than v.rindow type, door chimes, built-in items and electrical service cable, fencing, gates and other attached fixtures, trees, bushes, shrubs, and plants. 7. POSSESSION: On and after the Closing Date, the Subgrantee shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter. 8. INSPECTION OF THE PROPERTY: The Subgrantee, at its expense, shall have the right to conduct such investigations, inspections, and inventories of the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of the making of this Contract for the purposes of investigating, inspecting, and performing inventories of the Property and for other purposes consistent with the Subgrantee's interest under this Contract. REMOVAL OF PERSONAL PROPERTY AND DEBRIS: Prior to the Closing Date, Seller at its own expense shall remove all personal property, equipment and debris from the Property, including but not limited to vehicles, vehicle parts, appliances, storage containers, household cleaners and solvents, construction materials, firewood, etc. In the event Seller fails to remove any such personal property, equipment, and debris prior to the Closing Date, the Subgrantee may use a portion of the Purchase Price to satisfy Seller' obligations under this paragraph. 9. NO HOLDOVER PERIOD FOR OCCUPANTS: Seller shall ensure that it and all other current occupants vacate the Property prior to the Closing Date. Book 00881 :1724 Augusta - Richmond County 2003039731 09/03/2003 09:51 :21.01 10. APPLICATION OF PURCHASE PRICE, DEDUCTIONS, FOR FLOOD ASSISTANCE RECEIVED. A. Prior to disbursing payment to the Seller, the Subgrantee may use a portion of the Purchase Price to satisfy the Seller's obligations under this document to remove personal property and debris and to pay taxes, assessments, liens, acquisition of other parties' outstanding interests in the Property, abstracting, recording fees and other costs incidental to the conveyance by Seller of marketable title to the Subgrantee. B. Seller acknowledges that this voluntary acquisition is made pursuant of a program funded by the Federal Emergency Management Agency (FEMA). In order to prevent the duplication of Federal assistance made to flood disaster victims, FEMA requires that certain types of assistance received by Seller for flood-related damage be deducted from the Purchase Price. Pursuant to the FEMA requirements, the follm\'ing shall be deducted from the Purchase Price: · an amount equal to all FEMA Emergency Minimal Repair (EMR) assistance received after June 20, 2000; · an amount equal to all FEMA Individual and Family Grant Program assistance received after June 20, 2000 for the purpose of making repairs to the Property; · an amount equal to all flood insurance proceeds received by the Seller .June 20, 2000. In addition, pursuant to FEMA requirements, the following shall be deducted from Seller's net proceeds in the Purchase Price (after deductions are made as set forth above for EMR and IFG program assistance and flood insurance proceeds received by the Seller, and after payments are made by Seller for satisfaction of all liens, encumbrances, taxes, assessments, and other costs incidental to the conveyance): · an amount equal to the outstanding balance on all Small Business Administration (SBA) real estate repair and replacement disaster loans received by the Seller after June 20, 2000. Prior to the Closing date, Seller shall provide all information requested by the Subgrantee relating to FEMA, flood insurance, and SBA assistance received by the Seller for flood-related damage. At Closing, the Subgrantee shall prepare and deliver to Seller, a document setting forth the deductions from the Purchase Price required by FEMA. 11. REPLACEMENT HOUSING: The Seller acknowledges that all proceeds from this sale shall be used expressly for the purchase of Replacement Housing, and that Seller is required to relocate outside of the National Flood Insurance Program (NFIP) 100 year flood plain boundaries. Book 00881 :1725 Augusta - Richmond County 2003039731 09/03/2003 09:51 :21.01 12. INSURANCE: Seller agrees to maintain and keep in force and effect all existing property and liability insurance until the Closing Date. 13. MAINTENANCE OF THE PROPERTY: The Seller agrees that the Property shall be preserved in its present condition, and Seller shall deliver it intact at the time possession to the Subgrantee is given. All risk of loss or damage to the Property is on Seller until the Subgrantee takes possession. Prior to possession by the Subgrantee, Seller agrees to promptly give written notice to the Subgrantee of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Subgrantee shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the property from causes covered by insurance, the Subgrantee shall have the option to either (1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property: or (2) terminate this Agreement. 14. UTILITIES: The Seller shall be responsible for payment of all utility expenses incurred by it or incurred by any other occupants prior to the Closing Date. 15. TAXES: Seller shall pay a pro-rata share of taxes on the Property (real and personal) for the year of Closing, and all unpaid taxes for prior years. To determine the pro-rata share of taxes for the current year, payable in the next year, the follov.ring procedure shall be used: A. The annual tax payment shown on the most recent tax figure for the Property shall be divided by 12 to determine the amount of tax owed for each month. B. The total number of months in the current year shall be determined and multiplied by the monthly amount of tax owed. That figure shall be the portion of taxes to be paid by the Seller on the pro-rata basis. C. When the Closing Date is on or before the 15th of a month, no taxes will be due for that month. When the Closing Date is after the 15th of the month, a full month's taxes shall be due for that month and shall be added to the Seller's pro-rata share. 16. TIME IS OF THE ESSENCE: Time is of the essence in this agreement. Book 00881 :1726 Augusta - Richmond County 2003039731 09/03/2003 09:51 :21.01 17. LEASES: Seller represents and warrants to the Subgrantee that there are no leases, tenancies, or other rights of occupancy for use of any portion of the Property. The foregoing representation and warranty shall survive Closing Date. Seller shall hold harmless and indemnify the Subgrantee from and against any claims which may arise or be based upon any alleged leasehold interest, tenancy or other right of occupancy or use for any portion of the Property. 18. APPROVAL OF COURT: If the Property is an asset of any estate, trust or guardianship, this document shall be subject to Court approval prior to payment of Purchase Price, unless declared unnecessary by the Subgrantee. If Court approval is necessary, the appropriate fiduciary shall proceed promptly and diligently to bring the matter to hearing for issuance of a deed. 19. ENVIRONMENTAL ASSURANCES: A. Environmental Representations and Warranties: For the purposes of this Contract, the terms "hazardous substance" shall include every material, waste, contaminant, chemical, toxic pollutant or other substance listed or described in any of the following sources, as amended: (I) the Resource Conservation and Recovery Act of 1976 (RCRA); the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA); (iii) any other federal, state, or local statute or ordinance which defines "hazardous waste" or "hazardous substance", or similar terms, and which could create liability in the Subgrantee; and (iv) any federal, state, or local regulations, rules or orders issued or promulgated under or pursuant to any of the foregoing or otherwise by any department, agency or other administrative, regulatory or judicial body having Subgrantee over the Property. Without limiting the foregoing, the terms "hazardous waste" and "hazardous substance" shall also include all substances or materials containing asbestos, PCBs, or hydrocarbons. The Seller hereby represents and warrants to the Subgrantee that: (1) There are no abandoned wells, agricultural drainage ,,,,ells, solid waste disposal sites, or underground storage tanks located in, on, or about the Property; (2) There is not currently and has never been any hazardous waste stored, generated, treated, transported, installed, dumped, handled, or placed in, on, or about the Property; Book 00881 :1727 Augusta - Richmond County 2003039731 09/03/2003 09:51 :21.01 (3) At no time have any Federal or State hazardous waste cleanup funds been expended with respect to any of the Property; (4) There has never been any solid waste disposal site or underground storage tank located in, on, or about the Property, nor has there been any release from any underground storage tank on real property contiguous to the Property which has resulted in any hazardous substance coming in contact with the Property; (5) The Seller has not received any directive, citation, notice, letter, or other communication, whether written or oral, from the Environmental Protection Agency, the Georgia Department of Natural Resources, any other governmental agency "vith authority under any environmental laws of the federal, state, or local government, or any other person or entity regarding the release, disposal, discharge, or presence of any hazardous waste on the Property, or any violation of any such environmental laws; (6) To the best of Seller's knowledge and good faith inquiry, neither the Propelty, nor any real property contiguous to the Property, nor any predecessors in title to the Property, are in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any environmental laws of the federal, state, or local government. The foregoing representations and warranties, and the Environmental Indemnification set forth in the follovving subparagraph B shall survive the Closing Date. In addition, any study, investigation or inspection of the Property shall not affect the foregoing representations and warranties and the indemnification provisions in this Contract by the Subgrantee, or any agent of the Subgrantee. B. Environmental Indemnification: The Seller agrees to indemnify and hold harmless the Subgrantee from and against any and all claims, demands, fines, penalties, causes of action, losses, damages, liabilities, expenses, and costs (including court costs and reasonable attorney's fees -- which may include the value of services provided by the Subgrantee's attorney incurred by the Subgrantee to enforce this provision) asserted against or incurred by the Subgrantee by reason of or arising out of the breach of any representation or warranty of the Seller set forth above. C. Additional Environmental Provisions: The Seller shall not store, generate, treat, transport, install, dump, handle, or place in, on, or about any portion of the Property any hazardous waste or hazardous substance. If the Seller receives any notice from any governmental authority or any other party regarding the release or presence of any hazardous waste or hazardous substance on any portion of the Property, the Seller shall immediately notify the Sllbgrantee of such fact. In addition, the Subgrantee or its agents shall have the right to enter upon the Property at any time to perform additional environmental studies. If at any time the Sllbgrantee in its sole and unreviewable discretion determines that hazardous wastes or hazardous substances are present on any portion of the Property, the Sllbgrantee may terminate this Contract immediately. Book 00881 :1728 Augusta - Richmond County 2003039731 09/03/2003 09:51 :21.01 20. CONTRACT BINDING ON SUCCESSORS IN INTEREST: This document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. 21. PARAGRAPH HEADINGS: The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 22. NO BROKERS: Each party hereto represents that no real estate broker commission shall be due on the conveyance of the Property in this Contract. 23. VOLUNTARY TRANSACTION: The Seller, as owner of the Property acknowledges that the Subgrantee has entered this Contract for purchase of the Property pursuant to the Subgrantee's Voluntary Acquisition Program, and that the Seller's acceptance of the terms of this Contract is voluntary. Seller is under no duress or coercive action by the Subgrantee to accept the terms of this Contract, and the Subgrantee will not pursue acquisition of the Property by eminent domain or other means if the Seller declines to sell the Property under the Voluntary Acquisition Program. Seller further acknowledges that upon the Closing Date, it will be necessary to move permanently from the Property. 24. COUNCIL/COMMISSION APPROVAL: This Contract is subject to approval of the Subgrantee governing body, and shall become binding and enforceable against the Subgrantee only after approval by the Subgrantee's governing body. 25. EXHIBITS: Exhibit "1" (Bill of Sale); Exhibit "2" (Subgrantee's Right to enter and inspect and notice of intent to take soil boring and ground water sample); Exhibit "3" (Certificate of Removal of Personal Property and Debris); Exhibit "4" (Disclosure and certification of flood assistance); Exhibit "5" (Certification to use Funds for Replacement Housing); Exhibit "6" (Property Inventory). 26. SEVERABILITY: Any part or provision of this Contract held invalid will be severed from the Contract, without affecting the validity of any other provisions or the entire Contract. Book 00881 :1729 Augusta - Richmond County 2003039731 09/03/2003 09:51 :21.01 ~ IN WITNESS WHEREOF, this the S ~ay of August, 2003, the parties hereto agree to the terms contained herein. ~~.O~ Wanda Louise orne Adams ATTEST: SELLER~ I /'/J ~l!i/vw~ . Mark Adams .- ~.. . ~~.~.u- Nota Public (7:"J,...~",--d County, GA (SEAL) .... . '" . ., ..1 ,) t'.' .: l. ~ ),,". My Commission Expires: ~-\B-o/ Book 00881 :1730 Augusta - Richmond County 2003039731 09/03/2003 09:51 :21.01 Exhibit "1" BILL OF SALE We, W. Mark Adams and Wanda Louise Horne Adams, the hereinafter "Seller," for good and valuable consideration, receipt of which is hereby acknowledged, does hereby sell, convey, assign, transfer and release to Augusta. Georgia (ajkja Augusta-Richmond County), all the Seller's right, title, and interest in all Fixtures, improvements, and personal property located on the Property at 44 Dominion Way. Augusta. Georgia and legally described as: ALL THAT LOT OR PARCEL OF LAND. with improvements thereon. situate. lying and being in the State of Georgia. County of Richmond. being known and designated as Lot Q2. Phase II-B. of Commonwealth Subdivision. as more particularly shown on a plat prepared by Southern Partners. Inc. for Crane Creek Development Co.. Inc. dated 1/10/04. said plat recorded in the Office of the Clerk of Richmond 'County. Georgia in Reel 4S1. Page 2181. Reference is hereby made to said plat for a more complete and accurate description of said property hereby conveyed. This conveyance is made subiect to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said property. Free and clear of all liens, encumbrances, reservations, exceptions, and modifications. For the purposes of this document, said Fixtures, improvements, and personal property include all property that integrally belongs to or is part of the above-described real- estate, whether attached or detached, such as light fixtures (including fluorescent tubes), shades, rods, blinds, Venetian blinds, awnings, storm windows, storm doors, storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning or other equipment other than window type, door chimes, built-in items and electrical service cable, fencing, gates and other attached fixtures, trees, bushes, shrubs, and plants. This the(~ ~Of ~I-- 2003. ~.~o ~~.O~~ W. Mark Adams Wanda Louise Horne Adams Witness my hand and official seal this G!. day Of~ 2003. tl~ic~ounty,GA My commission expires on: 3-18 -0 7 Book 00881 :1731 Augusta - Richmond County 2003039731 09/03/2003 09:51 :21.01 Exhibit "2" SUBGRANTEE'S RIGHT TO ENTER AND INSPECf AND NOTICE OF INTENT TO TAKE SOIL BORING AND GROUND WATER SAMPLES The undersigned owners of the following described property commonly known as 44 Dominion Way. Augusta. Georgia, and legally described as: ALL THAT LOT OR PARCEL OF LAND. with improvements thereon. situate. lying and being in the State of Georgia. County of Richmond. being knmvn and designated as Lot q2. Phase II-B. of Commonwealth Subdivision. as more particularly shown on a plat prepared by Southern Paltners. Inc. for Crane Creek Development Co.. Inc. dated 1/10/04. said plat recorded in the Office of the Clerk of Richmond County. Georgia in Reel 4/:)1. Page 2381. Reference is hereby made to said plat for a more complete and accurate description of said property hereby conveyed. This conveyance is made subject to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said property. Hereby grant to Augusta, Georgia (a/k/a Augusta-Richmond County), the right to enter upon and conduct such investigations, inspections, and inventories of the property, as it. deems reasonable or necessary prior to closing. The right to enter shall include a temporary easement to allow Augusta, Georgia, its agents, contractors, or employees a right to enter in, upon, and onto the above described property for the purpose of hauling transporting. and storage of materials and equipment used for the purpose of soil boring or taking ground water samples. It is understood and agreed that Augusta. Georgia will remove all of said materials and cquipment except marks and location stakes from the premiscs within 10 days after thc above described investigations, inspections, and inventories have been completed. It is understood and agreed that Aug.usta. Georgia will restore the test sample arcas to original condition wherc reasonably ~ossible. It is understood and agreed that Augusta. Georgia will report the test results of the soil and ground water samples to the Federal Emergcney Management Agency and the Georgia Department of Natural Resources. This the ~ day O.f~3 ~~ 2lJ ~ ~ ~.~~ VM'ark Adams 'Wanda Louise Horne Adams Witness my hand and official seal this ~ day Of~ ' 2003. ;a:::)~~~unty, GA My commission expires on: "] ~ l8 -6 7 Book 00881 :1732 Augusta - Richmond County 2003039731 09/03/2003 09:51 :21.01 Exhibit "3" CERTIFICATE OF REMOVAL OF PERSONAL PROPERTY AND DEBRIS We, W. Mark Adams and Wanda Louise Horne Adams, owner of the Property commonly referred to as 44 Dominion Way, Augusta, Georgia, hereby state that we have removed all personal property, equipment, and debris, including but not limited to, vehicles, vehicle parts, appliances, storage containers, household cleaners and solvents, construction materials, firewood, etc. from the Property site. We further declare that all personal property remaining on the premises is hereby abandoned and we relinquish any further claim thereto. This the ~ day of CL..vtA.r.t 6 ~M~~~ 2003. ~ \:\.~ Wanda Louise Horne Adams Witness my hand and official seal this~ay of ~ 2003. ~~bl~~ County, GA My commission expires on: 3 --1.8 --07 Book 00881 :1733 Augusta - Richmond Coun~ 2003039731 09/03/2003 09:51 :21.01 Exhibit "4" DISCLOSURE AND CERTIFICATION OF }i'LOOD ASSISTANCE We, W. Mark Adams and Wanda Louise Horne Adams, are voluntary participants in the County of Augusta-Richmond Voluntary Acquisition Program. We understand that pursuant to the requirements of the Federal Emergency Management Agency (FEMA), the Augusta-Richmond County Emergency Management Agency (ARC EMA) is required to deduct celtain types of assistance which we have received for flood-related damage from the purchase price of our property. We hereby certify that the follovving is a true and complete disclosure of flood-related assistance we received in the follovving categories: 1. FEMA Individual and Family Grant Program assistance for repairs to the Property: $ e:> 2. All flood insurance proceeds received after ,June 20, 2000: $ (:;7 3. FEMA Minimal Repairs Assistance: $ c:::> 4. Outstanding balance on any Small Business Administration (SEA) real estate repair and replacement disaster loans received after June 20,2000: $ 0 We authorize the ARC EMA to verify the above Duplication of Benefits information with FEMA and the SBA. This the ~ay of ~, 2003. ~ 7#J~~ , W. Mark Adams ~~.~~ Wanda Louise Horne Adams Witness my hand and official seal this~day Of~, 2003. ~ Vh . Ca-w.- Nota PublIc My commission expires on: ~~.o 7 Book 00881: 1734 Augusta - Richmond County 2003039731 09/03/2003 09:51 :21.01 Exhibit "5" CERTIFICATION TO USE FUNDS FOR REPlACEMENT HOUSING We, W. Mark Adams and Wanda Louise Horne Adams are voluntarily participating in the County of Augusta-Richmond Voluntary Acquisition Program. We understand and agree that Augusta. Georgia's funds designated for the purchase of our Property under this program must be used expressly for the purpose of replacement housing. We hereby represent and warrant that the funds provided to us by Augusta. Georgia for the acquisition of our property will be used expressly for the purpose of replacement housing. This the ~-n,day of y, 2003. t0~J~ W. Mark Adams l"""~~'~ Wanda Louise Horne Adams Witness my hand and official seal this~day of~" '-M~~'-m.~ Notary Publida~"...cJ County, GA My commission expires on: 3.... ( ~ - 0 7 ,2003. Book 00881 :1735 Augusta - Richmond County 2003039731 09/03/2003 09:51 :21.01 Exhibit "6" PROPERTY INVENTORY We, W. Mark Adams and Wanda Louise Horne Adams, are voluntarily participating in the County of Augusta-Richmond Voluntary Acquisition Program. We understand that prior to Closing, Augusta, Georgia must conduct a property inventory for our Property commonly known as 44 Dominion Way, Augusta, Georgia for the purpose of inspecting the real property which Augusta, Georgia will acquire, the personal property which we must remove prior to Closing, and any hazardous materials which we must remove from the property prior to Closing. We agree to be present with a representative, employee, or agent of Augusta, Georgia for inspection and inventory of the property at a time to be scheduled vvi.thin a reasonable time prior to the Closing Date. This the S*day o~ 2003. W :#!JO~ W. Mark Adams ~~.~ Wanda Louise Horne Adams Witness my hand and official seal this~day 00 ~ ,2003. vVYl~ '-{'Y\ . ~ Notary Public e.i ~o,....cJ County, GA My commission expires on: '3-l2>,o J Filed in this office: Augusta - Richmond County 09/03/200309:51 :21.01 Elaine C. Johnson Clerk of Superior Court ,----." .5____ , ., 1 Book 00881:1717 Augusta - Richmond County 200303973009/03/200309:51 :21.00 $0.00 WARRANTY DEED -j iiiil i I I ii i iiiiiii iiil i I I I ii I iii Ilii I iiill iiii iiiiiiiii i ii I 2003039730 Augusta - Richmond County Return to: Harry D. Revell 454 Greene Slreet Augusta, Georgia 30901 (706) 722-0768 WARRANTY DEED STATE OF GEORGIA COUNTY OF RICHMOND f1.. THIS INDENTURE, made and entered into this 5- day of August, 2003, ben\'een W. MARK ADAMS and WANDA LOUISE HORNE ADAMS, as Party of the First Part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as Patty of the Second Part; WITNESSETH THAT THE SAID Party of the First Part, for and in consideration of the sum of Fifty Eight Thousand Six Hundred and No Cents ($58,600.00) Dollars in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Party of the Second Part, its successors and assigns, the following described property, to wit: ALL THAT LOT OR PARCEL OF LAND, ,,\'ith improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, being known and designated as Lot 92, Phase II-B, of Commonwealth Subdivision, as more particularly shown on a plat prepared by Southern Partners, Inc. for Crane Creek Development Co., Inc. dated 1/10/04, said plat recorded in the Office of the Clerk of Richmond County, Georgia in Page 1 of 4 .. .." Book 00881 :1718 Augusta - Richmond cou~ty 2003039730 09/03/2003 09:51 :21.00 Reel 451, Page 2381. Reference is hereby made to said plat for a more complete and accurate description of said property hereby conveyed. This conveyance is made subject to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said property. THE ATIACHED "DEED RESTRICTIONS" are attached hereto and, by reference, made a part hereof. TO HAVE AND TO HOLD the said described property, \-"ith all and singular the rights, members and appurtenances thereunto appertaining, to the only proper use, benefit and behoof of the said Party of the Second Part, its successors and assigns, in Fee Simple. AND THE SAID Patty of the First Part warrants and will forever defend the right and title to the above described property unto the said Party of the Second Patt, its successors and assigns, against the lawful 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 Part has caused same to be executed by the proper officials, V\~th affixed seal, and delivered these presents the day and year first above written. ~J~D Itness ;:0 J#Jt22~ W.Mark Adams ~~.~~ Wanda Louise Horne Adams Page 4 of 4 . " Book 00881 :1719 Augusta - Richmond County' 2003039730 09/03/2003 09:51 :21.00 "Deed Restrictions" WITNESSETH WHEREAS, this property is being purchased under the Hazard Mitigation Grant Program, authorized by Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, PL 93-288 as amended; and WHEREAS, the State of Georgia has entered into a Cooperative Agreement with Augusta, Georgia, dated July 13, 2000, and herein incorporated by reference, in which Augusta, Georgia will use the property described hereafter under the terms and conditions thereunder; and NOW, THEREFORE, this conveyance is made upon the express conditions that: 1. The premises shall only be used for purposes consistent with open space, recreational, or wetlands management purposes (as defined in Title 44, Code of Federal Regulations, part 206-434, as it appears now or may hereafter be amended); 2. No future disaster assistance for any purpose from any Federal source will be sought or provided with respect to the property; and 3. There shall not be erected on the premises any new structures or other improvements other than rest rooms, or a public facility that is open on all sides and functionally related to open space uses. 4. The sub-grantee agrees that it shall convey the property only to another public entity and only with prior approval from GEMA and the Regional Director of FEMA. Such conveyance shall be made expressly subject to the above-referenced conditions and restrictions, which shall run with the property in perpetuity. In addition, for property that is transferred to another public entity, that public entity must obtain approval from GEMA and the Regional Director of FEMA to convey the property to another public entity. Any breach or threatened breach of the above conditions may be enjoined upon application by the State of Georgia. In addition, the State of Georgia shall have the option to repurchase the above described premises for the sum of One Dollar ($1.00), if the Grantee, its successors or assigns shall have failed to remove or correct any violation of the above conditions within thirty (30) days after the mailing of written notice thereof by said State of Georgia or its successor, to the Grantee, its successors or assigns. The above conditions and restrictions, along with the right to enforce same are deemed to be covenants running with the land in perpetuity and are binding on subsequent successors, grantees, or assigns. Page 4 of 4 ". .. .' . . Book 00881 :1720 Augusta - Richmond County 2003039730 09/03/2003 09:51 :21.00 The Grantor releases and deeds unto Augusta, Georgia and its assigns, all right, title, and interest which Grantor may have in the banks, bed and waters opposite to or fronting upon said land, and in any alley, road, street, ways strips, gores and railroad right-of-way abutting or adjoining said lands, and in any means of ingress and egress appurtenant thereto. TO HAVE AND TO HOLD the said premises with all and singular the rights and privileges thereunto belonging unto Augusta, Georgia and its assigns forever. THIS conveyance is expressly subject to rights outstanding in third parties for existing easements for public road and highways, public utilities, railroads, and pipelines. Witness my hand and official seal this ~ day of ~ 2003. SIGNED, SEALED AND DELIVERED in the presence of: ,e~~~ lL) Inf~&(J' Unofficial , tness By: As its Mayor ..& \\, i4 ~ I' . I' , ''/ ' - t}\?e.zt--t!~ ATI~': ~ ' ',' Notary R hc ' , /JA/./JI //"' /, Ri;h~ori~.Co~,n~'deorgia ' !LfPlU1/ . ~ Ij ,J L \ : Cler", " , " .. ~ ~ .>. Notary Public, Columbia County, Georgia ~ My COJllm}~s,\~n ExpIres: My COmmission El(plres Aug. 1.2006 '-:, . I' o (SEAL) '../ , .j;.... '. ..' f1\~, 'f"'" .'-\ 1 . ,',li,.. . "''1. Filed in this office: Augusta - Richmond County 09/03/200309:51 :21,00 uElaine C, Johnson Clerk of Superior Court Page 4 of 4 ~ . Book 00881:1740 Augusta - Richmond County 200303973309/03/200309:51 :21,03 $0,00 AGREEMENT - tiiiililllil'llii(llli'l iiiil'lili'1 'iiili'liiil 'iliii 'jilii 'iilHill- 2003039733 Augusta - Richmond County Rcturn to: Harry D, Rc\'cll 4.'54 Grccne Strect Augusta, GA 30901 (706) 722-0768 CONTRACT FOR SALE OF REAL PROPERTY Augusta-Richmond County, Georgia Voluntary Acquisition Program Contract For Sale of Real Property Th THIS AGREEMENT made and entered into the S --clay of August, 2003, by and between James Huckaby, herein designated as "Seller," and Augusta, Georgia (a/k/a Augusta-Richmond County), WITNESSETH: WHEREAS, the Seller is the owner of certain real property being described as follows: ALL that lot or parcel of land, with improvements thereon, situate. lying and being in the State of Georgia. County of Richmond. being known and designated as Lot 8Q. Phase 2-B. Commonwealth Subdivision. as shoV\rn on a plat thereof recorded in the Office of the Clerk of the Superior Court of Richmond County. Georgia in Realty Reel 4S1. Page 2~81. Reference is hereby made to said plat for a more complete and accurate description as of said property, AND WHEREAS, Augusta, Georgia, a local government of the State of Georgia (hereinafter referred to as the "Subgrantee"), acting pursuant to its legal authority in administering its GEMA Hazard Mitigation Grant Program project, wishes to purchase the above described real property (hereinafter referred to as "Property"). NOW THEREFORE, for and in consideration of the covenants and obligations contained herein, the parties agree as follows: Book 00881 :1741 Augusta - Richmond County 2003039733 09/03/2003 09:51 :21.03 1. AGREEMENT TO SELL. The Seller agrees to sell the Property to the Subgrantee, together with all the Seller's right, title, and interest in all Fixtures, Buildings, and I mprovements located on the above-described real property, and under any easement and servitude for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions, and modifications, 2. PURCHASE PRICE: The Subgrantee agrees to purchase all the Seller's right, title, and interest in the Property for the sum of $7Q.Q2Q,SO, payable on the Closing Date, which sum shall be reduced by any amounts paid by the Subgrantee on behalf of the Seller for the purposes set forth in paragraph loA, and shall be reduced by any amounts for required FEMA deductions as set forth in paragraph lOB. The Seller shall receive no other compensation from the Subgrantee for all of Seller's right, title, and interest in the Property. 3. TITLE: The Subgrantee shall cause to be prepared, at it's expense, an Opinion of Title for the Property, continued to a date subsequent to the date of this Contract. The Opinion of Title shall show merchantable title in Seller, subject only to Permitted Exceptions in Paragraph 5. In the event that title curative work is necessary, such work shall be performed by the Subgrantee's title examiner, or an attorney of the Subgrantee's choosing. The Seller shall pay all costs required to perfect its title to the Property prior to Closing, or costs of title curative work shall be deducted from the Purchase Price of the Property at Closing. 4. DEED: Within one hundred and twenty (120) days from the date of this Contract, or other date as shall be mutually agreed upon by Seller and Subgrantee, (hereinafter referred to as the "Closing Date") the Seller shall have completed its obligations under Paragraph 8, and the Seller shall execute to the Subgrantee a General Warranty Deed for Property, in recordable form, conveying fee simple title to the Property to the Subgrantee, subject only to Permitted Exceptions in Paragraph 5. The Seller shall further deliver to the Subgrantee a bill of sale for any personal property included in the sale, 5, PERMITTED EXCEPTIONS: The Seller agrees to convey good, clear, and marketable title to the Property, subject only to the following "Permitted Exceptions": Book 00881 :1742 Augusta - Richmond County 2003039733 09/03/2003 09:51 :21.03 1. Zoning and building laws and ordinances; 2, Subject to prior approval of governing body, covenants, restrictions, reservations, and easements of record. 6, FIXTURES AND PERSONAL PROPERTY: For the purposes of this document, Fixtures include all personal property that integrally belongs to or is part of the above-described real estate, whether attached or detached, such as light fIxtures (including fluorescent tubes), shades, rods, blinds, Venetian blinds, awnings, storm windows, storm doors, storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning or other equipment other than window type, door chimes, built-in items and electrical service cable, fencing, gates and other attached fixtures, trees, bushes, shrubs, and plants. 7. POSSESSION: On and after the Closing Date, the Subgrantee shall be entitled to immediate possession of the Property and to receipt of all rents and profIts from the Property due thereafter. 8, INSPECTION OF THE PROPERTY: The Subgrantee, at its expense, shall have the right to conduct such investigations, inspections, and inventories of the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of the making of this Contract for the purposes of investigating, inspecting, and performing inventories of the Property and for other purposes consistent with the Subgrantee's interest under this Contract. REMOVAL OF PERSONAL PROPERTY AND DEBRIS: Prior to the Closing Date, Seller at its own expense shan remove an personal property, equipment and debris from the Property, including but not limited to vehicles, vehicle parts, appliances, storage containers, household cleaners and solvents, construction materials, fIrewood, etc. In the event Seller fails to remove any such personal property, equipment, and debris prior to the Closing Date, the Subgrantee may use a portion of the Purchase Price to satisfy Seller' obligations under this paragraph. 9. NO HOLDOVER PERIOD FOR OCCUPANTS: Seller shall ensure that it and all other current occupants vacate the Property prior to the Closing Date. 10. APPLICATION OF PURCHASE PRICE, DEDUCTIONS, FOR FLOOD ASSISTANCE RECEIVED, Book 00881 :1743 Augusta - Richmond County 2003039733 09/03/2003 09:51 :21,03 A, Prior to disbursing payment to the Seller, the Subgrantee may use a portion of the Purchase Price to satisfy the Seller's llbligations under this document to remove personal property and debris and to pay taxes, assessments, liens, acquisition of other parties' outstanding interests in the Property, abstracting, recording fees and other costs incidental to the conveyance by Seller of marketable title to the Subgrantee. B. Seller acknowledges that this voluntary acquisition is made pursuant of a program funded by the Federal Emergency Management Agency (FEMA). In order to prevent the duplication of Federal assistance made to flood disaster victims, FEMA requires that certain types of assistance received by Seller for flood-related damage be deducted from the Purchase Price. Pursuant to the FEMA requirements, the following shall be deducted from the Purchase Price: · an amount equal to all FEMA Emergency Minimal Repair (EMR) assistance received after June 20, 2000; · an amount equal to all FEMA Individual and Family Grant Program assistance received after June 20, 2000 for the purpose of making repairs to the Property; · an amount equal to all flood insurance proceeds received by the Seller June 20, 2000. I n addition, pursuant to FEMA requirements, the following shall be deducted from Seller's net proceeds in the Purchase Price (after deductions are made as set forth above for EMR and IFG program assistance and flood insurance proceeds received by the Seller, and after payments are made by Seller for satisfaction of all liens, encumbrances, taxes, assessments, and other costs incidental to the conveyance): · an amount equal to the outstanding balance on all Small Business Administration (SBA) real estate repair and replacement disaster loans received by the Seller after June 20,2000. Prior to the Closing date, Seller shall provide all information requested by the Subgrantee relating to FEMA, flood insurance, and SBA assistance received by the Seller for flood-related damage. At Closing, the Sub grantee shall prepare and deliver to Seller, a document setting forth the deductions from the Purchase Price required by FEMA. 11, REPLACEMENT HOUSING: The Seller acknowledges that aH proceeds from this sale shall be used expressly for the purchase of Replacement Housing, and that Seller is required to relocate outside of the National Flood Insurance Program (NFIP) 100 year flood plain boundaries. 12. INSURANCE: Seller agrees to maintain and keep in force and effect all existing property and liability insurance until the Closing Date. Book 00881 :1744 Augusta - Richmond County 2003039733 09/03/2003 09:51 :21.03 13. MAINTENANCE OF THE PROPER1Y: The Seller agrees that the Property shall be preserved in its present condition, and Seller shall deliver it intact at the time possession to the Sub grantee is given. All risk of loss or damage to the Property is on Seller until the Subgrantee takes possession, Prior to possession by the Subgrantee, Seller agrees to promptly give written notice to the Subgrantee of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Subgrantee shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the property from causes covered by insurance, the Subgrantee shall have the option to either (1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property: or (2) terminate this Agreement. 14. UTILITIES: The Seller shall be responsible for payment of all utility expenses incurred by it or incurred by any other occupants prior to the Closing Date. 15. TAXES: Seller shall pay a pro-rata share of taxes on the Property (real and personal) for the year of Closing, and all unpaid taxes for prior years, To determine the pro-rata share of taxes for the current year, payable in the next year, the following procedure shall be used: A. The annual tax payment shown on the most recent tax figure for the Property shall be divided by 12 to determine the amount of tax owed for each month, B. The total number of months in the current year shall be determined and multiplied by the monthly amount of tax owed, That figure shall be the portion of taxes to be paid by the Seller on the pro-rata basis. C, When the Closing Date is on or before the 15th of a month, no taxes will be due for that month. When the Closing Date is after the 15th of the month, a full month's taxes shall be due for that month and shall be added to the Seller's pro-rata share. 16. TIME IS OF THE ESSENCE: Time is of the essence in this agreement. 17. LEASES: Seller represents and warrants to the Subgrantee that there are no leases, tenancies, or other rights of occupancy for use of any portion of the Property. The Book 00881 :1745 Augusta - Richmond County 2003039733 09/03/2003 09:51 :21.03 foregoing representation and warranty shall survive Closing Date. Seller shall hold harmless and indemnify the Subgrantee from and against any claims which may arise or be based upon any alleged leasehold interest, tenancy or other right of occupancy or use for any portion of the Property. 18. APPROVAL OF COURT: If the Property is an asset of any estate, trust or guardianship, this document shall be subject to Court approval prior to payment of Purchase Price, unless declared unnecessary by the Subgrantee. If Court approval is necessary, the appropriate fiduciary shall proceed promptly and diligently to bring the matter to hearing for issuance of a deed. 19. ENVIRONMENTAL ASSURANCES: / A. Environmental Representations and Warranties: For the purposes of this Contract, the terms "hazardous substance" shall include every material, waste, contaminant, chemical, toxic pollutant or other substance listed or described in any of the follO'\iving sources, as amended: (I) the Resource Conservation and Recovery Act of 1976 (RCRA); the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA); (iii) any other federal, state, or local statute or ordinance which defines "hazardous waste" or "hazardous substance", or similar terms, and which could create liability in the Subgrantee; and (iv) any federal, state, or local regulations, rules or orders issued or promulgated under or pursuant to any of the foregoing or otherwise by any department, agency or other administrative, regulatory or judicial body having Subgrantee over the Property. Without limiting the foregoing, the terms "hazardous waste" and "hazardous substance" shall also include all substances or materials containing asbestos, PCBs, or hydrocarbons. The Seller hereby represents and warrants to the Subgrantee that: (1) There are no abandoned wells, agricultural drainage wells, solid waste disposal sites, or underground storage tanks located in, on, or about the Property; (2) There is not currently and has never been any hazardous waste stored, generated, treated, transported, installed, dumped, handled, or placed in, on, or about the Property; (3) At no time have any Federal or State hazardous waste cleanup funds been expended with respect to any of the Property; (4) There has never been any solid waste disposal site or underground storage tank located in, on, or about the Property, nor has there been any release from any Book 00881 :1746 Augusta - Richmond County 2003039733 09/03/2003 09:51 :21.03 -~- + - ----.., underground storage tank on real property contiguous to the Property which has resulted in any hazardous substance coming in contact with the Property; (5) The Seller has not received any directive, citation, notice, letter, or other communication, whether \o\'Yitten or oral, from the Environmental Protection Agency, the Georgia Department of Natural Resources, any other governmental agency with authority under any environmental laws of the federal, state, or local government, or any other person or entity regarding the release, disposal, discharge, or presence of any hazardous waste on the Property, or any violation of any such environmental laws; (6) To the best of Seller's knowledge and good faith inquiry, neither the Property, nor any real property contiguous to the Property, nor any predecessors in title to the Property, are in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any environmental laws of the federal, state, or local government. The foregoing representations and warranties, and the Environmental Indemnification set forth in the following subparagraph B shall survive the Closing Date. In addition, any study, investigation or inspection of the Property shall not affect the foregoing representations and warranties and the indemnification provisions in this Contract by the Subgrantee, or any agent of the Subgrantee, B. Environmental Indemnification: The Seller agrees to indemnify and hold harmless the Subgrantee from and against any and all claims, demands, fines, penalties, causes of action, losses, damages, liabilities, expenses, and costs (including court costs and reasonable attorney's fees -- \.vhich may include the value of services provided by the Subgrantee's attorney incurred by the Subgrantee to enforce this provision) asselted against or incurred by the Subgrantee by reason of or arising out of the breach of any representation or warranty of the Seller set forth above. C. Additional Environmental Provisions: The Seller shall not store, generate, treat, transpOlt, install, dump, handle, or place in, on, or about any portion of the Property any hazardous waste or hazardous substance. If the Seller receives any notice from any governmental authority or any other party regarding the release or presence of any hazardous waste or hazardous substance on any portion of the Property, the Seller shall immediately notify the Subgrantee of such fact. In addition, the Subgrantee or its agents shall have the right to enter upon the Property at any time to perform additional environmental studies. If at any time the Subgrantee in its sole and unreviewable discretion determines that hazardous wastes or hazardous substances are present on any portion of the Property, the Subgrantee may terminate this Contract immediately. 20. CONTRACT BINDING ON SUCCESSORS IN INTEREST: This document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. Book 00881 :1747 Augusta - Richmond County 2003039733 09/03/2003 09:51 :21.03 21. PARAGRAPH HEADINGS: The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 22. NO BROKERS: Each party hereto represents that no real estate broker commission shall be due on the conveyance of the Property in this Contract. 23. VOLUNTARY TRANSACTION: The Seller, as owner of the Property acknowledges that the Subgrantee has entered this Contract for purchase of the Property pursuant to the Subgrantee's Voluntary Acquisition Program, and that the Seller's acceptance of the terms of this Contract is voluntary. Seller is under no duress or coercive action by the Subgrantee to accept the terms of this Contract, and the Subgrantee ,viII not pursue acquisition of the Property by eminent domain or other means if the Seller declines to sell the Property under the Voluntary Acquisition Program. Seller further acknowledges that upon the Closing Date, it vvill be necessary to move permanently from the Property. 24. COUNCIL/COMMISSION APPROVAL: This Contract is subject to approval of the Subgrantee governing body, and shall become binding and enforceable against the Subgrantee only after approval by the Subgrantee's governing body, 25. EXHIBITS: Exhibit "1" (Bill of Sale); Exhibit "2" (Subgrantee's Right to enter and inspect and notice of intent to take soil boring and ground water sample); Exhibit "3" (Certificate of Removal of Personal Property and Debris); Exhibit "4" (Disclosure and certification of flood assistance); Exhibit "5" (Certification to use Funds for Replacement Housing); Exhibit "6" (Property Inventory), 26. SEVERABILITY: Any part or provision ofthis Contract held invalid will be severed from the Contract, without affecting the validity of any other provisions or the entire Contract. Book 00881 :1748 Augusta - Richmond County fY: 2003039733 09/03/2003 09:51 :21.03 IN WITNESS WHEREOF, this theS' ~Of August, 2003, the parties hereto agree to the terms contained herein. SELLER' ~ ~-- -- AUGUsfi., 9~O BY: ~ As its Mayor .' '::,,::' ~ . . , '!..,:~_. ;:v .. . . !.;~ .. <:'~:?;:i:;:;{': · (gEAL'j~" , ,A .., '", ; ,,':~::,~~'.: ;-:??t?xt~: '.i:r .' '. v ;'7:' ip', " ,\ " '~ \ , "" "1" ...- '., . '....~.' ATTEST: Ce ~~~ ~ .Uuv"'- Not IT Public .~c.Ju"'orJCounty, GA My Commission Expires: ?-l9~ol . t Richmond County Book 00881 :1749 OA9U9,uo;iio03 09:51 :21.03 2003039733 Exhibit "1" BILL OF SALE I, James Huckaby, the hereinafter "Seller," for good and valuable consideration, receipt of which is hereby acknowledged, does hereby sell, convey, assign, transfer and release to Augusta. Georgia (a/k/a Augusta-Richmond County), all the Seller's right, title, and interest in all Fixtures, improvements, and personal property located on the Property at 47 Dominion Way. Augusta. Georgia and legally described as: ALL that lot or parcel of land. with improvements thereon. situate. lying and being in the State of Georgia. County of Richmond, being known and designated as Lot Sq. Phase 2-8. Commonwealth Subdivision. as shown on a plat thereof recorded in the Office of the Clerk of the Superior Court of Richmond County. Georgia in Realty Reel 41:)1. Page 2~S1. Reference is hereby made to said plat for a more complete and accurate description as of said property. Free and clear of all liens, encumbrances, reservations, exceptions, and modifications. For the purposes of this document, said Fixtures, improvements, and personal property include all property that integrally belongs to or is part of the above-described real- estate, whether attached or detached, such as light fixtures (including fluorescent tubes), shades, rods, blinds, Venetian blinds, awnings, storm windows, storm doors, storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning or other equipment other than window type, door chimes, built-in items and electrical service cable, fencing, gates and other attached fixtures, trees, bushes, shrubs, and plants. This the S'~ay of ~ 2003. 2003, My commission expires on: J -I 9 ,.D 7 Book 00881 :1750 Augusta - Richmond County , 2003039733 09/03/2003 09:51 :21.03 Exhibit "2" SUBGRANTEE'S RIGHT TO ENTER AND INSPECf AND NOTICE OF INTENT TO TAKE SOIL BOR1NG AND GROUND WATER SAMPLES The undersigned owners of the following described property commonly known as 47 Dominion Way. Augusta. Georgia, and legally described as: ALL that lot or parcel of land. ""ith improvements thereon. situate. lying and being in the State of Georgia. County of Richmond. being known and designated as Lot 8Q. Phase 2-8. Commonwealth Subdivision. as shown on a plat thereof recorded in the Office of the Clerk of the Superior Court of Richmond County. Georgia in Realty Reel 451. Page 2381. Reference is hereby made to said plat for a more complete and accurate description as of said property. Hereby grant to Augusta, Georgia Calk/a Augusta-Richmond County), the right to enter upon and conduct such investigations, inspections, and inventories of the property, as it deems reasonable or necessary prior to closing. The right to enter shall include a temporary easement to allow Augusta, Georgia, its agents, contractors, or employees a right to enter in, upon, and onto the above described property for the purpose of hauling transporting, and storage of materials and equipment used for the purpose of soil boring or taking ground water samples. It is understood and agreed that Augusta. Georgia will remove all of said materials and equipment except marks and location stakes from the premises within 10 days after the above described investigations, inspections, and inventories have been completed. It is understood and agreed that Augusta, Georgia will restore the test sample areas to original condition where reasonably possible. It is understood and agreed that Augusta, Georgia will report the test results of the soil and ground water samples to the Federal Emergency Management Agency and the Georgia Department of Natural Resources. This the ~day of Au 1St, 2003. s Huckab Witness my hand and official seal this ~ day of~ 1 ~1"" - ~- ~",nu~ ,S,~A~ Nota Public JZ. ch fN) .-.cL County, GA My commission expires on: :3 -, 8 ' () I ,2003. Book 00881 :1751 Augusta - Richmond County 2003039733 09/03/2003 09:51 :21.03 Exhibit "3" CERTIFICATE OF REMOVAL OF PERSONAL PROPERTY AND DEBRIS I, James Huckaby, owner of the Property commonly referred to as 4~ Dominion Way. Augusta, Georgia. hereby state that we have removed all personal property, equipment, and debris, including but not limited to, vehicles, vehicle parts, appliances, storage containers, household cleaners and solvents, construction materials, firewood, etc. from the Property site. I further declare that all personal property remaining on the premises is hereby abandoned and we reli quish any further claim thereto. This the; day of 2003. 'J~~if Witness my hand and official seal this~ day of ~,1- 2003. ~,~ Nota Public 114 f'cI County, GA My commission expires on: 3 ~ l C6 - 0 1 Book 00881 :1752 Augusta - Richmond County 2003039733 09/03/2003 09:51 :21.03 Exhibit" 4" DISCLOSURE AND CERTIFICATION OF FLOOD ASSISTANCE I, James Huckaby, is a voluntary participant in the County of Augusta-Richmond Voluntary Acquisition Program. I understand that pursuant to the requirements of the Federal Emergency Management Agency (FEMA), the Augusta-Richmond County Emergency Management Agency (ARC EMA) is required to deduct certain types of assistance which we have received for flood- related damage from the purchase price of our property. I hereby certify that the following is a true and complete disclosure of flood-related assistance we received in the following categories: 1. FEMA Individual and Family Grant Program assistance for repairs to the Property: $ C> 2. All flood insurance proceeds received after June 20, 2000: $ 6 3. FEMA Minimal Repairs Assistance: $ c:> 4. Outstanding balance on any Small Business Administration (SBA) real estate repair and replacement disaster loans received after June 20, 2000: $ c::> I authorize the ARC EMA to verify the above Duplication of Benefits information \vith FEMA and the SBA. This the e;;;tJ:- day of ~, 2003. -~~ ~es Huck~y Witness my hand and official seal this S-\1-aay of ~~A , 2003. b ~ t-, L/Y) . ~>"- Not Public My commission expires on: 3 -18 -OJ Book 00881 : 1753 Augusta - Richmond County 2003039733 09/03/2003 09:51 :21 ,03 Exhibit "5" CERTIFICATION TO USE FUNDS FOR REPLACEMENT HOUSING I, James Huckaby is voluntarily participating in the County of Augusta-Richmond Voluntary Acquisition Program. I understand and agree that Augusta. Georgia's funds designated for the purchase of our Property under this program must be used expressly for the purpose of replacement housing. I hereby represent and warrant that the funds provided to us by Augusta. Georgia for the acquisition of our property \-vill be used expressly for the purpose of replacement housing. This the <; -j:h day of ~, 2003. ~~ J es Huckaby Witness my hand and official seal thisS:~aay of ~ ' 2003. 'tfl ~bl~~~unty, GA My commission expires on: 3 ,.l 9 ...07 . . Book 00881 :1754 Augusta - Richmond County 2003039733 09/03/2003 09:51 :21.03 Exhibit "6" PROPERTY INVENTORY I, James Huckaby, is voluntarily participating in the County of Augusta-Richmond Voluntary Acquisition Program. I understand that prior to Closing, Augusta, Georgia must conduct a property inventory for our Property commonly known as 47 Dominion Way, Augusta, Georgia for the purpose of inspecting the real property which Augusta. Georgia will acquire, the personal property which we must remove prior to Closing, and any hazardous materials which we must remove from the property prior to Closing. I agree to be present with a representative, employee, or agent of Augusta. Georgia for inspection and inventory of the property at a time to be scheduled vvithin a reasonable time prior to the Closing Date. This the S-.ta-ay of ~2003. J~i/;7< Witness my hand and official seal thi~day ofCLuiVc~ ,2003, o VJ1J,~.~ Notaty Public - -;cJ,~o~1 County, GA My commission expires on: 3 ../ ~ - 07 Filed in this office: Augusta - Richmond County 09/03/2003 09:51 :21,03 Elaine C. Johnson Clerk of Superior Court - s-" ,. ,. Book 00881:1736 Augusta - Richmond County 200303973209/03/200309:51 :21,02 $0.00 WARRANTY DEED - liiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiii iiiliiii 2003039732 Augusta - Richmond County t . Return to: Harry D, Rc\'cll 4.54 Grecne Strcet Augu~ta, Gcorgia 3090 J (706) 722-0768 WARRANTY DEED STATE OF GEORGIA COUNTY OF RICHMOND -.:1:> THIS INDENTURE, made and entered into this ~ day of August, 2003, between JAMES HUCKABY, as Party of the First Part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as Party of the Second Part; vVITNESSETH THAT THE SAID Party of the First Part, for and in consideration of the sum of Seventy Nine Thousand Nine Hundred Twenty Nine and Fifty Cents ($79,929.50) Dollars in hand paid, at and before the sealing and delivery of these presents, the receipt ''''hereof is hereby acknowledged, has granted, bargained, sold, aliened, convE:::)cd and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Party of the Second Pmt, its successors and assigns, the following described property, to "vit: ALL that lot or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, being known and designated as Lot 89, Phase 2-B, Commonwealth Subdivision, as shovYn on a plat thereof recorded in the Office of the Clerk of the Superior Comt of Richmond County, Georgia in Realty Reel 451, Page 2381. Reference is Page 1 of 4 Book 00881 :1737 Augusta - Richmond C~un~ 2003039732 09/03/2003 09:51 :21.02 hereby made to said plat for a more complete and accurate description as of said property. THE ATTACHED "DEED RESTRICTIONS" are attached hereto and, by reference, made a part hereof. TO HAVE AND TO HOLD the said described property, with an and singular the rights, members and appurtenances thereunto appeltaining, to the only proper use, benefit and behoof of the said Party of the Second Part, its successors and assigns, in Fee Simple. AND THE SAID Party of the First Part warrants and will forever defend the right and title to the above described property unto the said Party of the Second Pmt, its successors and assigns, against the lawful 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 Part has caused same to be executed by the proper officials, with affixed seal, and delivered these presents the day and year first above written. SIGNED, SEALED, AND DELIVERED ~~ tness Page 4 of 4 Book 00881 :1738 ~ _ . 200 Augusta - R' h 3039732 09/03/2 IC mond county 003 09:51 :21.02 "Deed Restrictions" WITNESSETH WHEREAS, this property is being purchased under the Hazard Mitigation Grant Program, authorized by Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, PL 93-288 as amended; and WHEREAS, the State of Georgia has entered into a Cooperative Agreement with Augusta, Georgia, dated .July 13, 2000, and herein incorporated by reference, in which Augusta, Georgia ,,,,rill use the property described hereafter under the terms and conditions thereunder; and NOW, THEREFORE, this conveyance is made upon the express conditions that: 1. The premises shall only be used for purposes consistent with open space, recreational, or wetlands management purposes (as defined in Title 44, Code of Federal Regulations, palt 206-434, as it appears now or may hereafter be amended); 2. No future disaster assistance for any purpose from any Federal source will be sought or provided with respect to the property; and 3. There shall not be erected on the premises any new structures or other improvements other than rest rooms, or a public facility that is open on all sides and functionally related to open space uses. 4. The sub-grantee agrees that it shall convey the property only to another public entity and only ,.vith prior approval from GEMA and the Regional Director of FEMA. Such conveyance shall be made expressly subject to the above-referenced conditions and restrictions, ,vhich shall run 'with the property in perpetuity. In addition, for propelty that is transferred to another public entity, that public entity must obtain approval from GEMA and the Regional Director of FEMA to convey the property to another public entity . Any breach or threatened breach of the above conditions may be enjoined upon application by the State of Georgia. In addition, the State of Georgia shall have the option to repurchase the above described premises for the sum of One Dollar ($1.00), if the Grantee, its successors or assigns shall have failed to remove or correct any violation of the above conditions within thirty (30) days after the mailing of written notice thereof by said State of Georgia or its successor, to the Grantee, its successors or assigns. Page 4 of 4 . , 1 Book 00881 :1739 Augusta - Richmond County 2003039732 09/03/2003 09:51 :21.02 The above conditions and restrictions, along with the right to enforce same are deemed to be covenants running with the land in perpetuity and are binding on subsequent successors, grantees, or assigns. The Grantor releases and deeds unto Augusta, Georgia and its assigns, all right, title, and interest which Grantor may have in the banks, bed and waters opposite to or fronting upon said land, and in any alley, road, street, ways strips, gores and railroad right-of-way abutting or adjoining said lands, and in any means of ingress and egress appurtenant thereto. TO HAVE AND TO HOLD the said premises with all and singular the rights and privileges thereunto belonging unto Augusta, Georgia and its assigns forever. THIS conveyance is expressly subject to fights outstanding in third parties for existing easements for public road and high"vays, public utilities, railroads, and pipelines. Witness my hand and official seal this ~ day of a~ ~2003, SIGNED, SEALED AND DELIVERED in the presence of: AUGUSTA, GEORGIA ~~fI~ UJ IY;~~'; Unofficial tness By: As its Mayor .,'\ "'LJ~~. ATI T:- ,"-" - . N~~KC"'-- . ~' ';", '.~L'. ), Ricnmona.Qounty, G~orgia ' ~ " ,~". /'J 1/ ') \ C ."':',; Notary Public, Colum~la County, GeorgiECl rk :.': :," :~" . M. 0' J .. L. 'It. .' My Commission Expires Aug. 1,2006 .. < ~ , , y. OrnmISSlOn~x:plreS: ,~', l'J,-"', '1.4 !'~,~,V,. ",' ~.../I." t"",",,, :. '.~ ". ~. ., (SEAL) O,J' , .. " ,1'r:(}:'i! :\\, ~ Filed in this office: Augusta - Richmond County ~9!~3/2003 09:51 :21,02 E/aine'C, Johnson Clerk of Superior Court Page 4 of 4 ~ - ,.,- . . r Book 00881:1595 Augusta - Richmond County 200303971209/03/20030936:35,01 $0,00 AGREEMENT -1\ii\\i\'li\lii\\\\i\ii\'i\\\ii'Iii\\\\i\i\\Hiii\l\i\i\\iHii'l' . ,.. .-- - -~ -~ .- 2003039712 Augusta - Richmond County Rcturn to: Harry D. Rc\'cll 454 Grccnc Street Au!\usta, GA 30901 (706) 722-0768 CONTRACT FOR SALE OF REAL PROPERTY Augusta-Richmond County, Georgia Voluntary Acquisition Program Contract For Sale of Real Property THIS AGREEMENT made and entered into the /z oyI. day of August, 2003, by and between Sharon L. (Brown) Jacobs, herein designated as "Seller," and Augusta, Georgia (a/k/a Augusta-Richmond County), WITNESSETH: WHEREAS, the Seller is the owner of certain real property being described as follows: ALL that lot or parcel of land. \\rith improvements thereon. situate. lying and being in the State of Georgia. County of Richmond. being known and designated as Lot SQ. Phase 2-B, Commonwealth Subdhrision. as shown on a plat thereof recorded in the Office of the Clerk of the Superior Court of Richmond County. Georgia in Realty Reel 4.')1. Page 2381. Reference is hereby made to said plat for a more complete and accurate description as of said property. AND WHEREAS, Augusta, Georgia, a local government of the State of Georgia (hereinafter referred to as the "Subgrantee"), acting pursuant to its legal authority in administering its GEMA Hazard Mitigation Grant Program project, wishes to purchase the above described real property (hereinafter referred to as "Property"). NOW THEREFORE, for and in consideration of the covenants and obligations contained herein, the parties agree as follows: a, '1 I ;' Book 00881 :1596 Augusta - Richmond County 2003039712 09/03/2003 09:36:35.01 1. AGREEMENT TO SELL. The Seller agrees to sell the Property to the Subgrantee, together with all the Seller's right, title, and interest in all Fixtures, Buildings, and Improvements located on the above-described real property, and under any easement and servitude for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions, and modifications. 2. PURCHASE PRICE: The Subgrantee agrees to purchase all the Seller's right, title, and interest in the Propelty for the sum of $7q.~00.00, payable on the Closing Date, which sum shall be reduced by any amounts paid by the Subgrantee on behalf of the Seller for the purposes set forth in paragraph loA, and shall be reduced by any amounts for required FEMA deductions as set forth in paragraph lOB. The Seller shall receive no other compensation from the Subgrantee for all of Seller's right, title, and interest in the Property. 3. TITLE: The Subgrantee shall cause to be prepared, at it's expense, an Opinion of Title for the Property, continued to a date subsequent to the date of this Contract. The Opinion of Title shall show merchantable title in Seller, subject only to Permitted Exceptions in Paragraph 5. In the event that title curative work is necessary, such work shall be performed by the Subgrantee's title examiner, or an attorney of the Subgrantee's choosing. The Seller shall pay all costs required to perfect its title to the Property prior to Closing, or costs of title curative work shall be deducted from the Purchase Price of the Property at Closing. 4. DEED: Within one hundred and twenty (120) days from the date of this Contract, or other date as shall be mutually agreed upon by Seller and Subgrantee, (hereinafter referred to as the "Closing Date") the Seller shall have completed its obligations under Paragraph 8, and the Seller shall execute to the Subgrantee a General Warranty Deed for Property, in recordable form, conveying fee simple title to the Property to the Subgrantee, subject only to Permitted Exceptions in Paragraph 5. The Seller shall further deliver to the Subgrantee a bill of sale for any personal propelty included in the sale. 5, PERMITTED EXCEPTIONS: The Seller agrees to convey good, clear, and marketable title to the Property, subject only to the follov\~ng "Permitted Exceptions": .. _ J ., I Book 00881: 1597 Augusta - Richmond Coun .. . 2003039712 09/03/2003 09:36:3~.01 1. Zoning and building-laws and ordinances; 2. Subject to prior approval of governing body, covenants, restrictions, reservations, and easements of record, 6, FIXTURES AND PERSONAL PROPERTY: For the purposes of this document, Fixtures include all personal property that integrally belongs to or is part of the above-described real estate, whether attached or detached, such as light fixtures (including fluorescent tubes), shades, rods, blinds, Venetian blinds, awnings, storm windows, storm doors, storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning or other equipment other than window type, door chimes, built-in items and electrical service cable, fencing, gates and other attached fixtures, trees, bushes, shrubs, and plants. 7. POSSESSION: On and after the Closing Date, the Subgrantee shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter, 8. INSPECTION OF THE PROPERTY: The Subgrantee, at its expense, shall have the right to conduct such investigations, inspections, and inventories of the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of the making of this Contract for the purposes of investigating, inspecting, and performing inventories of the Property and for other purposes consistent vvith the Subgrantee's interest under this Contract. REMOVAL OF PERSONAL PROPERTY AND DEBRIS: Prior to the Closing Date, Seller at its own expense shall remove all personal property, equipment and debris from the Property, including but not limited to vehicles, vehicle parts, appliances, storage containers, household cleaners and solvents, construction materials, firewood, etc. In the event Seller fails to remove any such personal property, equipment, and debris prior to the Closing Date, the Sub grantee may use a portion of the Purchase Price to satisfy Seller' obligations under this paragraph, 9, NO HOLDOVER PERIOD FOR OCCUPANTS: Seller shall ensure that it and all other current occupants vacate the Property prior to the Closing Date, 10, APPLICATION OF PURCHASE PRICE, DEDUCfIONS, FOR FLOOD ASSISTANCE RECEIVED. >- . ',1 Book 00881'1598 A . 2003039712 09/o~i2~;~~~ 3c~~~~. 0 1 A. Prior to disbursing payment to the Seller, the Subgrantee may use a portion of the Purchase Price to satisfy the Seller's obligations under this document to remove personal property and debris and to pay taxes, assessments, liens, acquisition of other parties' outstanding interests in the Property, abstracting, recording fees and other costs incidental to the conveyance by Seller of marketable title to the Subgrantee. B. Seller acknowledges that this voluntary acquisition is made pursuant of a program funded by the Federal Emergency Management Agency (FEMA). In order to prevent the duplication of Federal assistance made to flood disaster victims, FEMA requires that certain types of assistance received by Seller for flood-related damage be deducted from the Purchase Price, Pursuant to the FEMA requirements, the following shall be deducted from the Purchase Price: · an amount equal to all FEMA Emergency Minimal Repair (EMR) assistance received after June 20, 2000; · an amount equal to all FEMA Individual and Family Grant Program assistance received after June 20, 2000 for the purpose of making repairs to the Property; · an amount equal to all flood insurance proceeds received by the Seller June 20, 2000. In addition, pursuant to FEMA requirements, the following shall be deducted from Seller's net proceeds in the Purchase Price (after deductions are made as set forth above for EMR and IFG program assistance and flood insurance proceeds received by the Seller, and after payments are made by Seller for satisfaction of all liens, encumbrances, taxes, assessments, and other costs incidental to the conveyance): · an amount equal to the outstanding balance on all Small Business Administration (SBA) real estate repair and replacement disaster loans received by the Seller after June 20,2000. Prior to the Closing date, Seller shall provide all information requested by the Subgrantee relating to FEMA, flood insurance, and SBA assistance received by the Seller for flood-related damage. At Closing, the Subgrantee shall prepare and deliver to Seller, a document setting forth the deductions from the Purchase Price required by FEMA. 11. REPLACEMENT HOUSING: The Seller acknowledges that all proceeds from this sale shall be used expressly for the purchase of Replacement Housing, and that Seller is required to relocate outside of the National Flood Insurance Program (NFIP) 100 year flood plain boundaries, 12, INSURANCE: Seller agrees to maintain and keep in force and effect all existing property and liability insurance until the Closing Date, ~, I " Book 00881 :1599 Augusta - Richmond County 200303971209/03/200309:36:35.01 13. MAINTENANCE OF THE PROPERTY: The Seller agrees that the Property shall be preserved in its present condition, and Seller shall deliver it intact at the time possession to the Subgrantee is given. All risk of loss or damage to the Property is on Seller until the Subgrantee takes possession. Prior to possession by the Subgrantee, Seller agrees to promptly give written notice to the Subgrantee of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Subgrantee shall have the option to terminate this Agreement effective immediately, However, in the case of loss, damage or destruction of all or part of the property from causes covered by insurance, the Sub grantee shall have the option to either (1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property: or (2) terminate this Agreement, 14, UTILITIES: The Seller shall be responsible for payment of all utility expenses incurred by it or incurred by any other occupants prior to the Closing Date. 15. TAXES: Seller shall pay a pro-rata share of taxes on the Property (real and personal) for the year of Closing, and all unpaid taxes for prior years. To determine the pro-rata share of taxes for the current year, payable in the next year, the follov,ring procedure shall be used: A, The annual tax payment shown on the most recent tax figure for the Property shall be divided by 12 to determine the amount of tax owed for each month. B. The total number of months in the current year shall be determined and multiplied by the monthly amount of tax owed, That figure shall be the portion of taxes to be paid by the Seller on the pro-rata basis. C. When the Closing Date is on or before the 15th of a month, no taxes will be due for that month. When the Closing Date is after the 15th of the month, a full month's taxes shall be due for that month and shall be added to the Seller's pro-rata share. 16. TIME IS OF THE ESSENCE: Time is of the essence in this agreement. 17. LEASES: Seller represents and warrants to the Subgrantee that there are no leases, tenancies, or other rights of occupancy for use of any portion of the Property. The , I, I-I r Book 00881 :1600 Augusta - Richmond County 200303971209/03/2003 09:36:35.01 foregoing representation and warranty shall survive Closing Date. Seller shall hold harmless and indemnify the Subgrantee from and against any claims which may arise or be based upon any alleged leasehold interest, tenancy or other right of occupancy or use for any portion of the Property. 18, APPROVAL OF COURT: If the Property is an asset of any estate, trust or guardianship, this document shall be subject to Court approval prior to payment of Purchase Price, unless declared unnecessary by the Subgrantee. If Court approval is necessary, the appropriate fiduciary shall proceed promptly and diligently to bring the matter to hearing for issuance of a deed. 19. ENVIRONMENTAL ASSURANCES: A. Environmental Representations and Warranties: For the purposes of this Contract, the terms "hazardous substance" shall include every material, waste, contaminant, chemical, toxic pollutant or other substance listed or described in any of the following sources, as amended: (I) the Resource Conservation and Recovery Act of 1976 (RCRA); the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA); (iii) any other federal, state, or local statute or ordinance which defines "hazardous waste" or "hazardous substance", or similar terms, and which could create liability in the Subgrantee; and (iv) any federal, state, or local regulations, rules or orders issued or promulgated under or pursuant to any of the foregoing or otherwise by any department, agency or other administrative, regulatory or judicial body having Subgrantee over the Property. Without limiting the foregoing, the terms "hazardous waste" and "hazardous substance" shall also include all substances or materials containing asbestos, PCBs, or hydrocarbons, The Seller hereby represents and warrants to the Subgrantee that: (1) There are no abandoned wells, agricultural drainage wells, solid waste disposal sites, or underground storage tanks located in, on, or about the Property; (2) There is not currently and has never been any hazardous waste stored, generated, treated, transported, installed, dumped, handled, or placed in, on, or about the Property; (3) At no time have any Federal or State hazardous waste cleanup funds been expended with respect to any of the Property; (4) There has never been any solid waste disposal site or underground storage tank located in, on, or about the Property, nor has there been any release from any , ,j. Book 00881 :1601 Augusta - Richmond County 2003039712 09/03/2003 09:36:35.01 underground storage tank on real property contiguous to the Property which has resulted in any hazardous substance coming in contact with the Property; (5) The Seller has not received any directive, citation, notice, letter, or other communication, whether written or oral, from the Environmental Protection Agency, the Georgia Department of Natural Resources, any other governmental agency with authority under any environmental laws of the federal, state, or local government, or any other person or entity regarding the release, disposal, discharge, or presence of any hazardous waste on the Property, or any violation of any such environmental laws; (6) To the best of Seller's knowledge and good faith inquiry, neither the Property, nor any real property contiguous to the Property, nor any predecessors in title to the Property, are in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any environmental laws of the federal, state, or local government. The foregoing representations and warranties, and the Environmental Indemnification set forth in the following subparagraph B shall survive the Closing Date. In addition, any study, investigation or inspection of the Property shall not affect the foregoing representations and warranties and the indemnification provisions in this Contract by the Subgrantee, or any agent of the Subgrantee. B. Environmental Indemnification: The Seller agrees to indemnify and hold harmless the Subgrantee from and against any and all claims, demands, fines, penalties, causes of action, losses, damages, liabilities, expenses, and costs (including court costs and reasonable attorney's fees -- which may include the value of services provided by the Subgrantee's attorney incurred by the Subgrantee to enforce this provision) asserted against or incurred by the Subgrantee by reason of or arising out of the breach of any representation or warranty of the Seller set forth above. c. Additional Environmental Provisions: The Seller shan not store, generate, treat, transport, install, dump, handle, or place in, on, or about any portion of the Property any hazardous waste or hazardous substance, If the Seller receives any notice from any governmental authority or any other party regarding the release or presence of any hazardous waste or hazardous substance on any portion of the Property, the Seller shall immediately notify the Subgrantee of such fact, In addition, the Subgrantee or its agents shall have the right to enter upon the Property at any time to perform additional environmental studies, If at any time the Subgrantee in its sole and unreviewable discretion determines that hazardous wastes or hazardous substances are present on any portion of the Property, the Subgrantee may terminate this Contract immediately. 20. CONTRACT BINDING ON SUCCESSORS IN INTEREST: This document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties, , ,t Book 00881 :1602 Augusta - Richmond County 2003039712 09/03/2003 09:36:35.01 21. PARAGRAPH HEADINGS: The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document, 22. NO BROKERS: Each party hereto represents that no real estate broker commission shall be due on the conveyance of the Property in this Contract. 23. VOLUNTARY TRANSACTION: The Seller, as owner of the Property acknowledges that the Subgrantee has entered this Contract for purchase of the Property pursuant to the Subgrantee's Voluntary Acquisition Program, and that the Seller's acceptance of the terms of this Contract is voluntary. Seller is under no duress or coercive action by the Subgrantee to accept the terms of this Contract, and the Subgrantee will not pursue acquisition of the Property by eminent domain or other means if the Seller declines to sell the Property under the Voluntary Acquisition Program, Seller further acknowledges that upon the Closing Date, it will be necessary to move permanently from the Property. 24. COUNCIL/COMMISSION APPROVAL: This Contract is subject to approval of the Subgrantee governing body, and shall become binding and enforceable against the Subgrantee only after approval by the Subgrantee's governing body. 25. EXHIBITS: Exhibit "1" (Bill of Sale); Exhibit "2" (Subgrantee's Right to enter and inspect and notice of intent to take soil boring and ground water sample); Exhibit "3" (Certificate of Removal of Personal Property and Debris); Exhibit "4" (Disclosure and certification of flood assistance); Exhibit "5" (Certification to use Funds for Replacement Housing); Exhibit "6" (Property Inventory), 26. SEVERABILITY: Any part or provision of this Contract held invalid ",~ll be severed from the Contract, without affecting the validity of any other provisions or the entire Contract. I IN WITNESS WHEREOF, this the _ day of August, 2003, the parties hereto agree to I the terms contained herein. " 1 Book 00881 :1603 Augusta - Richmond County 2003039712 09/03/2003 09:36:35.01 AUGU~~ qJ:O BY: r:t/fVJ As its Mayor \. '.:.. ',< ";'~':"~~,<':.:~:::,>;,: '- uf. J:/ )\,- I \ ''\",.... \'. .' . 'l(.~7./l,~, ~"<..~;..tl1_._(~_. ,~..:~\I,.~ ',. ", (SEALl'~' " 'l:'~ ., c, , ~\b',(a;!~~:~;:.,IL/... ...._ 11 ", t". t \' ~ /~:'~:~> ,:. > r ': 'r' ~ . . ATTEST: e fhL;rztrt'/Y/Jf'1.,~<ff (M'- ..r1f6C Notary Public County, _ My Commission Expires: :J-.;t de. {I 11, I Ie- NOTARY PUBLIC AND CONSUL OF THE UNITED STATES, 10 US 1044a MY COMMISSION IS INDEFINITE 4. .') Book 00881: 1604 Augusta R' h ' 20 - IC mond County 03039712 09/03/2003 09:36:35.01 Exhibit "1" BILL OF SALE I, Sharon L. (Brown) Jacobs, the hereinafter "Seller," for good and valuable consideration, receipt of which is hereby acknowledged, does hereby sell, convey, assign, transfer and release to Augusta. Georgia (a/k/a Augusta-Richmond County), all the Seller's right, title, and interest in all Fixtures, improvements, and personal property located on the Property at 47 Dominion Way. Augusta. Georgia and legally described as: ALL that lot or parcel of land. with improvements thereon. situate. lying and being in the State of Georgia. County of Richmond, being known and designated as Lot 8Q. Phase 2-B. Commonwealth Subdivision. as shown on a plat thereof recorded in the Office of the Clerk of the Superior Court of Richmond County. Georgia in Realty Reel 4S1. Page 2181. Reference is hereby made to said plat for a more complete and accurate description as of said property. Free and clear of all liens, encumbrances, reservations, exceptions, and modifications. For the purposes of this document, said Fixtures, improvements, and personal property include all property that integrally belongs to or is part of the above-described real- estate, whether attached or detached, such as light fixtures (including fluorescent tubes), shades, rods, blinds, Venetian blinds, awnings, storm windows, storm doors, storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning or other equipment other than window type, door chimes, built-in items and electrical service cable, fencing, gates and other attached fixtures, trees, bushes, shrubs, and plants. This the ~ day of ~ 2003. ,\ < ~,',~::~~~:~:; . ~r LuJ ----.~'r~~."'^ , :"~~.~,:',~~ -.-:.:" ~ 'L-e7YLJ ~ I..A.H.J~ ", ');1 .,~'.'...", (.) '.\. '., ''''''-' , '........~ - '\' aron L. (Brown) acobs ::,~::J (!,,(;,~~; <'/~~:. \\~: I" -f-. . _0 \ -, r. ,) /, ".' "". , I Witness my hand and official seal this ~day of A-v % </tf L ::::-;~~3:;(!;~;.;~L;./~'.: , ... ... ~ ",. - ), . 1". . t,cJr1 m ~"IT CAf'r(7ft6C. (')N::I;~:;;;.:;~;f-<,:~ otary Public , County, _ ' . ,'/ ,', ' My commission expires on: NOTARY PUBLIC AND CONSUL OF THE UNITED STATES, 10 US 1044a MY COMMISSION IS INDEFINITE l 1 .' I Book 00881:1605 Augusta - Richmond County 2003039712 09/03/2003 09:36:35,01 Exhibit "2" SUB GRANTEE'S RIGHT TO ENTER AND INSPECf AND NOTICE OF INTENT TO TAKE SOIL BORING AND GROUND WATER SAMPLES The undersigned owner of the following described property commonly known as 4~ Dominion Way. Augusta. Georgia, and legally described as: ALL that lot or parcel of land. with improvements thereon. situate. lying and being in the State of Georgia. County of Richmond. being known and designated as Lot 8Q. Phase 2-B, Commonwealth Subdivision. as shown on a plat thereof recorded in the Office of the Clerk of the Superior Court of Richmond County. Georgia in Realty Reel 4.'11. Page 2~81. Reference is hereby made to said plat for a more complete and accurate description as of said property, Hereby grant to Augusta, Georgia (ajkja Augusta-Richmond County), the right to enter upon and conduct such investigations, inspections, and inventories of the property, as it deems reasonable or necessary prior to closing. The right to enter shall include a temporary easement to allow Augusta, Georgia, its agents, contractors, or employees a right to enter in, upon, and onto the above described property for the purpose of hauling transporting, and storage of materials and equipment used for the purpose of soil boring or taking ground water samples. It is understood and agreed that Augusta. Georgia will remove all of said materials and equipment except marks and location stakes from the premises within 10 days after the above described investigations, inspections, and inventories have been completed. It is understood and agreed that Augusta. Georgia will restore the test sample areas to original condition where reasonably possible. It is understood and agreed that Augusta. Georgia will report the test results of the soil and ground water samples to the Federal Emergency Management Agency and the Georgia Department of Natural Resources. ! ; ;.'.', ,'. , 01 This t~ day of August, 2003. aronL~'~~ Witness my hand and official seal this M day uf dvCjt/f f- ,2003.d" 'c, (Pl. ,'" .'<" I ~J J A /V7 JJ - - ..,~ err C L/Jr- J ifl-tC U..rrJ-:-~:_'..~'I' >,::,~:!::';-:;:;,~:,"" !;:7YL t...!....ILlf/l/'y~ lI:p. FTI" , ~'. ii' " . ,I '.~. , " . Notary Public County, _ My commission expires on: NOTARY PUBLIC ANt> CONSUL OF THE UNITED STATES I 10 US 1044a MY COMMISSION IS INDEFINITE ~, .. , Book 00881 :1606 Augusta R' h . 20 - IC mond County 03039712 09/03/2003 09:36:35.01 Exhibit "3" CERTIFICATE OF REMOVAL OF PERSONAL PROPERTY AND DEBRIS I, Sharon L. (Brown) Jacobs, owner of the Property commonly referred to as 45 Dominion Way. Augusta. Georgia. hereby state that we have removed all personal property, equipment, and debris, including but not limited to, vehicles, vehicle parts, appliances, storage containers, household cleaners and solvents, construction materials, firewood, etc. from the Property site. I fmther declare that all personal property remaining on the premises is hereby abandoned and we relinquish any further claim thereto. . "J 'j/h ThIS the ~ day of ;4u,~ 2003. Witness my hand and official seal thisQ day of fIJ'1 Us i I:Jrt 111 rU/J1.l~ -IF CHi Jlf-Gc USN Notary Public County, _ 2003. My commission expires on: .." ~,>;;~;~-::?;:.:<: ",' ',. " "("'\,:o.,.\), ... r-"J' ~ '.','. , \ .--:'./ ........:...;>.:;.., 'f ~',..<. . '~. \ . .. (\ " ..:.~ ....~ -~'~0:':\':;' ; .~~~~;~. ,:: , . ;l/j .': F -. ..-. .. .' ) !.... . ." -.. ... ,~\ -::;.::--;,"1'<.' -;-:'::'<<"~i ':\\ ",r,.. l " -tt ~ It- .' ".', c ,,/, ' -, , \ <;-'1 j:Ji\ ' , ,j I " NOTARY PUBLIC AND CONSUL OF THE UNITED STATES, 10 US 1044a MY COMMISSION IS INDEFINITE . I '.\ I Book 00881 :1607 Augusta - Richmond coun~ 2003039712 09/03/2003 09:36:35.01 Exhibit "4" DISCLOSURE AND CERTIFICATION OF FLOOD ASSISTANCE I, Sharon L. (Brown) Jacobs, is a voluntary participant in the County of Augusta- Richmond Voluntary Acquisition Program. I understand that pursuant to the requirements of the Federal Emergency Management Agency (FEMA), the Augusta-Richmond County Emergency Management Agency (ARC EMA) is required to deduct certain types of assistance which we have received for flood- related damage from the purchase price of our property. I hereby certify that the following is a true and complete disclosure of flood-related assistance we received in the following categories: 1. FEMA Individual and Family Grant Program assistance for repairs to the Property: $ O. 00 All flood insurance proceeds received after June 20, 2000: $ 0, 00 2, 3. FEMA Minimal Repairs Assistance: $ Q. 0 D 4. Outstanding balance on any Small Business Administration (SBA) real estate repair and replacement disaster loans received after .June 20,2000: $ CJ .CO I authorize the ARC EMA to verify the above Duplication of Benefits information with FEMA and the SBA. This the ~ day of cAv~ 2003. Witness my hand and official seal this fL day of ~ I//f ,2003. ~pag r-tt~ ~ {#o JJ16'C County, _ My commission expires on: _ '::': ~J:~~",~~:,~"..>., \ ..... I : _ \-. . . "';, ',\ , ,'(' ....." 11 \,', . , (. ",.J. ' \,' .' 'i ii ' ;.' ,~:, ; ~-;-,~ ';', ..S:'~ . !' ',' ,_ . l r-" ..,.. C {. ::, ~ ~\ r >~, '~<\i ;::; ;", ,: _~.......~ \~ 'li'"'}))) ~..,.,' /r-L. -:~(:<'w:' :~::. ',-"'~-:<:'~(' ' t/.~:~:' ," ;,":-; \', ,.~:',', \ ,. '.' ,> . , '. r I. " NOTARY PUBLIC AND CONSUL OF T ~ITED STATES, 10 US 1044a HE COMMISsION IS INDEFINITE ,. . ~ . : Book 00881:1608 Augusta - Richmond County 2003039712 09/03/2003 09:36:35 01 Exhibit "5" CERTIFICATION TO USE FUNDS FOR REPLACEMENT HOUSING I, Sharon L. (Brown) Jacobs is voluntarily participating in the County of Augusta- Richmond Voluntary Acquisition Program, I understand and agree that Augusta. Georgia's funds designated for the purchase of our Property under this program must be used expressly for the purpose of replacement housing. I hereby represent and warrant that the funds provided to us by Augusta. Georgia for the acquisition of our property will be used expressly for the purpose of replacement housing. Witness my hand and official seal this!) day ~,~ vSr , 2003. i:!!jplli ~1PY ff c Jlil !-:>>tf c US j ~ >: I~J;~~^;; County " ",' ;' .,".. "I, ,_ ,I. ~......"\ My commission expires on: ':' . t: "~:"~'.. '. ~:;'- "~':";'l' ::{' ~ (,(~~1' 0X \~;,~,::':\2.~1,'",j,}}~~~, ~..~ .!) '" ~ .... \. ... .' " ,..., \\ ,:" .)>,' ~,.' /('.~' ,'" ""<:'::,:!;:,::~~~~::;',~;::~~~~> ','.' , ~ ,'/~; ~~I \" . ~01'ARY PUBLIC AND CONSUL OF THE UNITED STATES, 10 US 1044a MY COMMISSION IS INDEFINITE ~ , -\... ( ... Book 00881 :1609 Augusta - Richmond County 2003039712 09/03/2003 09:36:35.01 Exhibit "6" PROPERTY INVENTORY I, Sharon L. (Brown) Jacobs, is voluntarily participating in the County of Augusta- Richmond Voluntary Acquisition Program. I understand that prior to Closing, Augusta. Georgia must conduct a property inventory for our Property commonly known as 47 Dominion Way. Augusta. Georgia for the purpose of inspecting the real property which Augusta. Georgia will acquire, the personal property which we must remove prior to Closing, and any hazardous materials which we must remove from the property prior to Closing. I agree to be present with a representative, employee, or agent of Augusta. Georgia for inspection and inventory of the property at a time to be scheduled within a reasonable time prior to the Closing Date. This the K day of~, 2003, Witness my hand and official seal this~ay Jv 1 I/ji", 2003. .' . ..,. , ~ /JfJ;; 7 tf4-6 C; .' . \ ' .'.. . . \..\., f J, : I (J ...... . ,. - - - I _ UJ AJ.' ~,: ;,~:..- <.':~ ',,' '. .. . ~ /. ':_~,-, .1 \', '.. ~ "\ ,1.1 . '\, "" ) A"" ..~ --. .'. . :',:--! ,rl ~ ,P "~.-:~':::-:..{. .:oJ. 'V, \ . '. ,~ "'" r~\ i'--~'-':::' -," . -:', :: \~; -~ ~.~:~, '..;";~::,/,1f~~~' --.. . \.\, ~" ..,../ " ~ \ -~:~ .::'~.,~~~:~-::: <~;:~,;::.'::' . '. ~ ,'/,:. 'i \". , ! v r . NOTARY PUBLIC AND CONSUL OF THE UNITED STATES, 10 US 1044a MY COMMISSION IS INDEFINITE ~ . . , . \ _!y ... .' . Book 00881:1591 Augusta - Richmond Coun 2003039711 09/03/20030936:35 00 ty li,~i;~~i~~~;illffrmTh;~iffIHml;iil);il;;i-- ~ 2003039711 Augusta - Richmond County Return to: Harry D, Rcvcll 454 Grccnc Street Augusta, Gcorgia 30901 (706) 722-0768 WARRANTY DEED STATE OF GEORGIA COUNTY OF RICHMOND THIS INDENTURE, made and entered into this JJ. day of August, 2003, between SHARON L. (BROWN) JACOBS, as Party of the First Part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as Party of the Second Part; WITNESSETH THAT THE SAID Party of the First Part, for and in consideration of the sum of Seventy Nine Thousand Five Hundred and No Cents ($79,500.00) Dollars in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Party of the Second Part, its successors and assigns, the following described property, to wit: ALL THAT LOT OR PARCEL OF LAND, with improvements thereon, situate, lying and being in the State of Georgia, Count of Richmond, being known and designated as Lot 91, Phase II-B, of Commonwealth Subdivision, as shown on a plat recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 451, Page Page 1 of 4 ~' Book 00881 :1592 Augusta - Richmond co~n~ 2003039711 09/03/200309:36:35.00 2381. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds and location of said property. SAID property is conveyed subject to Protective Covenants recorded is said Clerk's Office in Realty Reel 182, page 1641; and also subject to any and all easements and restrictions of record. THE ATTACHED "DEED RESTRICTIONS" are attached hereto and, by reference, made a part hereof, TO HAVE AND TO HOLD the said described property, with all and singular the rights, members and appurtenances thereunto appertaining, to the only proper use, benefit and behoof ofthe said Party of the Second Part, its successors and assigns, in Fee Simple. AND THE SAID Party of the First Part warrants and will 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 lawful 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 Part has caused same to be executed by the proper officials, with affixed seal, and delivered these presents the day and year first above written. , ' !; ;!// ' , ,', ~~_;.'~;.l: ;.~,~ '~'<: SIGNED, SEALED, AND DELIVERED 'I,~,_. - ',</ ".: iin e presence Of:.,';'-' ,,""'0"', -_...~ -, ;',' "., . _ vh VJ-(}~! '! '~':2, \\:": itness ' . ~ haron L. (&~ \ Jicob~;".'::;" ;;.~ >' I/M IJt/ rCV1/V\ I!J Clrflr .7A-cc u5"J ::\.': ,', . \,.\:>'~.<,<" ~ _ ~ _ .--_ "b' ~.,'tl\ ,\ Notary Public, County, , 'I, "':', ; , ; :: ' I My Commission Expires: NOTARY PUBLIC AND CONSUL OF THE UNITED STATES I 10 US 1044a MY COMMISSION IS INDEFINITE Page 4 of 4 " Book 00881: 1593 Augusta - Richmond County 2003039711 09/03/2003 09:36:35.00 "Deed Restrictions" WITNESSETH WHEREAS, this property is being purchased under the Hazard Mitigation Grant Program, authorized by Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, PL 93-288 as amended; and WHEREAS, the State of Georgia has entered into a Cooperative Agreement with Augusta, Georgia, dated July 13, 2000, and herein incorporated by reference, in which Augusta, Georgia will use the property described hereafter under the terms and conditions thereunder; and NOW, THEREFORE, this conveyance is made upon the express conditions that: 1. The premises shall only be used for purposes consistent with open space, recreational, or wetlands management purposes (as defined in Title 44, Code of Federal Regulations, part 206-434, as it appears now or may hereafter be amended); 2. No future disaster assistance for any purpose from any Federal source wi,ll be sought or provided with respect to the property; and 3. There shall not be erected on the premises any new structures or other improvements other than rest rooms, or a public facility that is open on all sides and functionally related to open space uses. 4. The sub-grantee agrees that it shall convey the property only to another public entity and only with prior approval from GEMA and the Regional Director of FEMA. Such conveyance shall be made expressly subject to the above-referenced conditions and restrictions, which shall run with the property in perpetuity. In addition, for property that is transferred to another public entity, that public entity must obtain approval from GEMA and the Regional Director of FEMA to convey the property to another public entity . Any breach or threatened breach of the above conditions may be enjoined upon application by the State of Georgia, In addition, the State of Georgia shall have the option to repurchase the above described premises for the sum of One Dollar ($1.00), if the Grantee, its successors or assigns shall have failed to remove or correct any violation I of the above conditions within thirty (30) days after the mailing of written notice thereof by said State of Georgia or its successor, to the Grantee, its successors or assigns. The above conditions and restrictions, along with the right to enforce same are deemed to be covenants running with the land in perpetuity and are binding on subsequent successors, grantees, or assigns. Page 4 of 4 . ; Book 00881 :1594 Augusta - Richmond County 2003039711 09/03/2003 09:36:35,00 The Grantor releases and deeds unto Augusta, Georgia and its assigns, all right, title, and interest which Grantor may have in the banks, bed and waters opposite to or fronting upon said land, and in any alley, road, street, ways strips, gores and railroad right-of-way abutting or adjoining said lands, and in any means of ingress and egress appurtenant thereto. TO HAVE AND TO HOLD the said premises with all and singular the rights and privileges thereunto belonging unto Augusta, Georgia and its assigns forever. THIS conveyance is expressly subject to rights outstanding in third parties for existing easements for public road and highways, public utilities, railroads, and pipelines. Witness my hand and official seal this ~ day of /1~2003. SIGNED, SEALED AND DELIVERED in e presence of: AUGUSTA, GEORGIA officia' ' , ' " '\ ,'~, .'~ ,,' ;,', ~cU'.'JTV,~&t~. Nbtary ~>1ic ..... i Richlp.6'rlel.I'Qomnty; G~orgia " ' 'I I .. \' <..., _: Notary Public, Columbia County, GeorgJ~lerk My CommiSSIon Expires: My Commission Expires Aug. 1.2006 By: As its Mayor .). ,'j ~~. t ..', .:' I. J~~ '-' ., ., , ' ,'!. ,1 ...,\f , ......., .....' .1,:" - (SEAL) Filed in this office: Augusta - Richmond County 09/03/2003 09:36:35,00 . Elaine C. Johnson Clerk of superior Court Page 4 of 4 C' -