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Home My WebLink AboutRelease And Covenant Augusta Richmond GA DOCUMENT NAME: ye.\e.o.x 4 CoJCr'OY'-\-- DOCUMENT TYPE: i I i j I i YEAR: D\ BOX NUMBER: \ Y FILE NUMBER: \0l '60 NUMBER,OF PAGES: '1 . Return-To: County Attorney - Zi ~ ~ 454_~reene Street . . :. Augusta, GA 30901 .. I' ,f '\ Book 00760:~353 Aug.usta - Richmond County 2001035981 1'112712001' 15:52:56,00 $0,00 MISCELLANEOUS rlIi iiiiiiiii iilililfllilliiHill1iiilllili iiffiWfl lfillUI 2001035981 Augusta - Richmond County '\ STATE OF GEORGIA ) ) RELEASE AND COVENANT COUNTY OF RICHMOND WHEREAS, Dorothy W. McLeod is the owner of approximately 217.5 acres of property located on Camp Angehele Road, which property is described in Exhibit A attached hereto and incorporated herein by reference for a more complete and accurate description of said property (hereinafter "Property"); and WHEREAS, said Dorothy W. McLeod has claimed certain damages to her,property as a result of runoff of water and sediment from Camp Angehele Road; and WHEREAS, Augusta, Georgia, a political subdivision of the State of Georgia, has maintained said Camp Angehele Road and therefore said road is a public road; and WHEREAS, Dorothy W. McLeod and Augusta have agreed upon a settlement in exchange for a complete release and a covenant not to sue in favor of Augusta for so long as Camp Angehele Road is a public road, which covenant shall be a covenant running with the land and binding upon Dorothy W. McLeod, her heirs, personal representatives and assigns; # '0 .. '\ . '" ( Book 00760:1.354 Augusta - Richmond County 2001035981 11/27/2001 15:52:56.00 NOW THEREFORE, for ~d in consideration of the sum of One Hundred Thousand Dollars ($100,000.00), and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, in hand paid by Augusta, Georgia, Dorothy W. McLeod, her heirs, personal representatives, and assigns, does hereby release and discharge Augusta, Georgia, its elected officials, officers, agents and employees, including their successors and assigns, from any and all action, causes of action, claims, demands, damages, costs, compensation, and losses and expenses of whatsoever kind or nature in law or equity, for and on account of, or in any way growing out of, any and all known and unknown property damages or mental anguish or mental suffering that the undersigned may now or hereafter have as owner of said Property, resulting and to result from the runoff of water and sediment from Camp Angehele Road onto said Property. FURTHER, Dorothy W. McLeod, her heirs, personal representatives, and assigns, covenants and agrees not to institute any action against Augusta, Georgia, the Augusta- Richmond County Commission~ its elected officials, officers, employees, or agents as a result of any action, or inaction, of Augusta in maintaining or failing to maintain Camp Angehele Road, whether arising under theories of negligence, nuisance, or inverse condemnation, for damages or loss arising out of or from runoff of water and/or sediment from Camp Angehele Road, or for the failure of Augusta to maintain Camp Angehele Road as a public road. FURTHER, Dorothy W. McLeod, on behalf of herself, her heirs, personal representatives, and assigns, promises to bind herself, her heirs, personal representatives, and assigns and indemnify and hold harmless the parties released herein for any sum of money that the parties herein released shall be compelled to pay to Dorothy W. McLeod, her heirs, personal 2 'i. .. r \ Book 00760:1355 Augusta - Richmond County 2001035981 11/27/2001 15:52:56.00 .- representatives, and assigns, or any other party, resulting from the incident and claim herein described. FURTHER, Dorothy W. McLeod, on behalf of herself, her heirs, personal representatives, and assigns, consents to the abandonment of Camp Angehele Road from the ' intersection of Camp Angehele Road and the southern property line of property of Winton G. Saxon and Marie C. Saxon to the end of Camp Angehele Road at such time as Dorothy W. McLeod, or any member of her family, or any partnership or corporation of which she is a member, officer, or stockholder or has any beneficial interest, acquires all or part of the property of Billy and Sandra Oglesby as described on Exhibit B attached hereto. Dorothy W. McLeod covenants and agrees to notify Augusta at such time as she, any member of her family, or any partnership or corporation of which she is a member, officer, or stockholder or has any beneficial interest, acquires all or part ofthe property of Billy and Sandra Oglesby, described in said Exhibit B. This Covenant shall be binding upon Dorothy W. McLeod, her heirs, personal representatives and assigns, and shall constitute a covenant running with the land as to property described in Exhibit A. It is expressly acknowledged by the undersigned that this Release and Covenant does not constitute a waiver of sovereign or official immunity by the parties released herein. . In the event that any of the provisions contained in this Covenant shall for any reason be held invalid, illegal or unenforceable in any respect in a final ruling or judgment of a court of competent jurisdiction from which no appeal has been or can be taken, the remamder of the 3 " '[ '1 .... r Book 007601356 Augusta - Richmond County 2001035'981 1'1/27/2001 15:52:56.00 '\ Release and Covenant shall not be affected thereby and each term, covenant, condition and provision hereof shall remain valid aild enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Dorothy W. McLeod has signed and sealed this Release and Covenant, on the 1J'i:;f day of ~1I!;!l7bl/J ,2001. ~~\..:> ~~ Q (L.S.) Do y W. McLeod ' Signed, Sealed and Delivered in the prese e of . 'f 4 l, r . "',"" '. l' '1 Book 00760:1357 Augusta - Richmond County 2001035981 11/27/2001 15:52:56.00 Exhibit "A" ALL that tract or parcel of land, with any and all improvements thereon, thought to contain 217.50 acres, more or less, situate, lying and being in the 1434th , District, G. M., Richmond County, Georgia, on the southwest side of the intersection of the Peach Orchard Road and the McBean Hephzibah Road except that approximately 5 acres extend to the northeast side of the McBean Hephzibah Road and being all of the remaining portion of the Old Turknette Place tract and being the same property conveyed to Dorothy Wright McLeod by deed of D. Russeli Wright dated May 16, 1975 and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia on Reel 51, page 1966. ' ," i ~r" . ~ ,r '\ Book 007601358 Augusta - Richmond County 2001035981 11/27/2001 15:52:56.00 Exhibit "B" ALL that tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, containing sixteen (16) acres, and being known and designated on a plat by Baldwin & Cranston Associates, dated February 15, 1968, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 35H, pages 176-177, to which plat reference is hereby made for a more complete and accurate description as to the location, metes, courses, distances, bounds and location of said property, , and said plat by specific reference thereto is made a part of this description. This being the same property described in a warranty deed dated July 31S\ 1975, from C~therine Green Mutimer, now Catherine Green Mutimer Fraser, and Henry R. Mutimer to Bible Deliverance Temple, Inc., recorded on Reel 50, pages 1490- 1492, and a warranty deed of correction dated August lih, 1975, from Catherine Green Mutimer, now Catherine Green Mutimer Fraser and Henry R. Mutimer, and Catherine Green Mutimer Fraser, as guardian of Lelia Emily Mutimer, to Bible Deliverance Temple, Inc., recorded on Reel 50, pages 2002-2005, and the same property described in the deed from Catherine G. Mutimer ,to Catherine G. 'Mutimer, Donald E. Nea,l and Howard P. JoBes, as Trustees in Trust for "Richmond County Junior Deputy Sheriffs Inc., dated May 6t\ 1968; recorded in Realty Book 35 H, pages 172-177, and a deed of gift dated April 5th, 1972, from Richmond County Junior Sheriffs, Inc., by Trustees, and Catherine G. Mutimer, , Donald E. Neal and Howard P. JoBes, as Trustees for "Richmond County Junior Deputy Sheriffs, Inc." to Catherine G. Mutimer, recorded on Reel 4, pages 411- 415, in the Office of the Clerk of the Superior Court of Richmond County, Georgia. ( I \. Filed in this office: Augusta - Richmond County 11/27/2001 155256,00 Elaine C, Johnson '\ I ('