HomeMy WebLinkAboutAuthorizing the Contract for the New Library
Augusta Richmond GA
DOCUMENT NAME: A VT H 0 ~ 12/ (\I J +/4 C' C.t>.->TRACTf "'d .Q.o~ Tlte f\k W
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DOCUMENT TYPE: ~ \; So L UTlooJ
YEAR: ~ro L\
BOX NUMBER: ;).l\
FILE NUMBER: ) 1 S- I ~
NUMBER OF PAGES: ;),1
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RESOLUTION
AUTHORIZING THE CONTRACTING FOR THE NEW LIBRARY
WHEREAS, the East Central Georgia Regional Library (the "Library") is need of
additional land to expand or locate the main branch of the library and the administrative
offices of the library; and
WHEREAS, in 2000 sales tax referendum (SPLOST IV) the voters of Augusta-
Richmond County, Georgia approved funding for the acquisition of a new site for the main
branch and administrative offices of the library; and
WHEREAS, a site selection committee was fonned by the Library to identify potential
sites for the new library building in the downtown Augusta area; and
WHEREAS, the Site Selection Committee identified approximately 12 sites in the
downtown area for the relocation ofthe building; and
WHEREAS, it was the recommendation of the Site Selection Committee to relocate the
library to the property located at 827 Telfair Street, which is commonly known as the Fine
Products building; and
WHEREAS, through preliminary discussions with the owners of the property, a price
at which the owners are willing to sale the property was been detennined, which price is within
the range approved by Library Board; and
WHEREAS, in order to secure the site and to conduct a due diligence investigation, it
is appropriate and necessary for a contract to be entered into for the purchase of the Fine
Products building,
NOW, THEREFORE, it is hereby resolved as follows:
1. The County Attorney and the Executive Director of the Library are authorized to
negotiation a contract for the purchase of the property located at 827 Telfair Street at a
purchase price of $650,000.00 plus the acknowledgement of a gift by the owners of the
balance of the appraised value of the property,
2, That upon the completion of the negotiations of such contract the Mayor of the
Augusta, Georgia shall execute same as well as such other documentation as may reasonably be
required, all in form approved by the County Attorney.
3. The Executive Director, with the assistance of the County Attorney and the County's
Engineering Consultant shall undertake reasonable steps to conduct a due diligence
investigation.
4. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County
Commission, accompanied by the exhibits referred to herein.
Duly adopted by the Augusta-Richmond County Commission, this 16th day of November,
2004.
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$71>
Augusta-Richmond 9)(1I1ty Commission
BY:~lsi;~;~;;&l
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AITEST: ~;;):;(~~
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(Seal)
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RESOLUTION
AUTHORIZING THE PURCHASE OF A SITE FOR THE NEW
LIBRARY
WHEREAS, the East Central Georgia Regional Library (the "Library") is need of
additional land to expand or locate the main branch of the library and the administrative
offices of the library; and
WHEREAS, in 2000 sales tax referendum (SPLOST IV) the voters of Augusta-
Richmond County, Georgia approved funding for the acquisition of a new site for the main
branch and administrative offices of the library; and
WHEREAS, a contract for the purchase of the property located at 827 Telfair Street
was entered into by and between Augusta, Georgia and Brandenburg-Telfair Street, Ltd.,
pursuant to a Resolution of this body adopted on November 16, 2004, said contract being
dated November 16,2004; and
WHEREAS, a reasonable due diligence investigation has been conducted and it has
been determined that the site is suitable for the Library's needs and purposes.
NOW, THEREFORE, it is hereby resolved as follows:
1, The purchase of the subject property is authorized and approved at a purchase
price of $650,000.00 plus the acknowledgement of a gift by the owners of the balance of the
appraised value of the property and in according with the terms of the contract entered into by
and between Augusta, Georgia and Brandenburg-Telfair Street, Ltd. dated November 16,
2004.
2. That the Mayor of the Augusta, Georgia shall execute a closing statement and such
other documentation as may reasonably be required to such property and to acknowledge acceptance
of the property by Augusta, Georgia, all in form as approved by the County Attorney.
3, This Resolution shall be recorded in the Minutes of the Augusta-Richmond County
Commission, accompanied by the exhibits referred to herein.
,~-,
..
Duly adopted by the Augusta-Richmond County Commission, thiS~..&dY of December,
2004.
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Augusta-Richmond County Commission
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As its 'ay r
ATTEST: ~<P,-~7n~, ~ '
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BY:
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LAW OFFICES
SHEPARD, PLUNKETT, HAMILTON, BOUDREAUX & TISDALE, LLP
A PARTNERSHIP INCLUDING PROfESSIONAL CORPORATIONS
SfEpHEN E. SHEPARD, P.C.
JAMES T. PLUNKEIT
DANIEL W. HAMILTON, P.e.
TODD BOUDREAUX, P.e.
J. ANDREW TISDALE, P.C.
lAMONT A. BELI<
AUGUSTA OFFICE:
701 GREENE STREET, SUITE 104
AUGUSTA, GA 30901
(706) 722-4111
(706) 722-6200
(706) 724-6597
(706) 722-4817 FAX
COLUMBIA COUNTY OFFICE.'
207 N. BEL\IR ROAD
EVANS, GA 30809
(706) 869-1334
(706) 869-9464 FAX
PAUL K. PWNKE'IT
(1922 - 1998)
REPLY To:
Augusta Office
January 18, 2005
Via Hand Deliverv
Ms. Lena Bonner
Clerk of Commission
530 Greene Street
Augusta, Georgia 30911
Re: Brandenburg- Telfair Street, Ltd. To Augusta, Georgia
Dear Lena:
Enclosed is the original Limited Warranty De<::d from Brandenburg-Telfair Street,
Ltd to Augusta, Georgia conveying the "Old Fine Products" building which is to be used
for the Library. Also enclosed is the original closing statement and Resolutions
authorizing the transaction.
Should you need additional information regarding this matter, please do not
hesitate to call.
Yours very truly,
SHEPARD, PLUNKETT, HAMIL TON, BOUDREAUX & TISDALE, LLP
JTP:if
Enclosures: As Stated
cc: Gary Swint
; ,
Book 00969'1327 A ' .
200S000664 iJ1/05/2~~~~1t;.;~hmond County
$650.00 WARRANTY D' . .
'"1/111/111"11/11"111 EED
111111' 1I11I1I1ll1ll11111iI 1111I Hili 1ini 1mi nm 11illHI
r2005000664 Augusta - Richmond County
ransfer Tax: $650.00
Return to:
County Attorney Office
701 Greene St, Suite 104
Augusta, Georgia 30901
LIMITED WARRANTY DEED
STATE OF GEORGIA )
)
COUNTY OF RICHMOND )
THIS INDENTURE, Made this 29th day of December, 2004 between BRANDENBURG-
TELFAIR STREET, LTD, a Georgia limited partnership, 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 Ten Dollars and other good and valuable consideration, in hand paid, at and before the
sealing and delivery of these presents, the receipt of which is hereby acknowledged, has granted,
bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the
said party of the second part, its successors and assigns, the following described property, to wit:
I
See Exhibit A, hereto attached and by reference made a part hereof :
TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, I
I
members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to I
I
the only proper use, benefit and behoof of the said party of the second part, its successors and I
assigns, forever, in fee simple,
Book 00969:1328 Augusta - Richmond County
200500066401/05/2005 16:13:37,00
AND THE SAID party of the first part, for itself, it successors and assigns, will warrant and
forever defend the right and title to the above described property, unto the said party of the second
part, its successors and assigns, against the claims of all persons owning, holding or claiming by,
through or under the said party of the first part.
IN WITNESS WHEREOF, the said party of the first part caused this instrument to be
executed by its duly authorized general partners and its seal affixed, the day and year above written.
Brandenburg- Telfair Street, Ltd
By: ~ #~
Lee H. Brandenburg ~
Its: General Partner
By: Eric Brandenburg Separate
Property Trust dated August 14, 2001
Its: G~al ~r &.,f,
1"'/I~ V.4t., - ~
By: Eric Brandenburg
Its: Trustee
SIGNED,"SEALED AND DELIVERED
in the presence of:
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Notary Public, State of ~
EXHIBIT "A"
Book 00969:1329 Augusta - Richmond County
2005000664 01/05/2005 16:13:37.00
All that tract or parcel ofland with improvements thereon situate, lying and being in the City
of Augusta, Richmond County, Georgia at the intersection of northernmost right of way of Telfair
Street and the easternmost right of way of Ninth Street and being more particularly described as
follows: Beginning at the intersection of the northernmost right of way of Telfair Street with the
easternmost right of way of Ninth Street and running North 32050'30" East a distance of55.60 feet
along the easternmost right of way of Telfair Street to the comer of a building; thence turn and run
South 58040'30" East a distance of 64.09 feet to a building comer; thence turn and run North
32021 '45" East a distance of20.39 feet to a building comer; thence turn and run North 58045'35"
West a distance of 63.92 feet to a building comer on the easternmost right of way of Ninth Street;
thence turn and run North 32050' 30" East a distance of 60.06 feet along the easternmost right of way
ofa building comer; thence turn and run South 58016'50" East a distance of64.0 feet to an iron pin;
thence turn and run North 32035' 45" East a distance of 4.20 feet to a 3/4" crimp top; thence turn and
run South 56047'15" East a distance of 60.21 feet to an iron pin; thence turn and run North
33029'15" East a distance of 40.10 feet to a building comer; thence turn and run South 58027'50"
East a distance of 154.26 feet to an iron pin; thence continue South 58027'50" East a distance of
55.02 feet to an iron pin located at a building comer; thence turn and run South 32041 '30" West a
distance of 175.15 feet to a building comer located on the northernmost right of way of Telfair
Street; thence turn and run North 59000'00" West a distance of334.49 feet along the northernmost
right of way of Telfair Street to a nail and cap and the point of beginning.
Said property is composed of two tracts ofland which are designated as "Tract 'A' 1.21 acres" and
"Tract 'B' 128 square feet" on a plat prepared by Baldwin & Cranston Association, Inc. on February
13, 1984, a copy of which is attached hereto. Reference is hereby made to said plat and it is
incorporated herein and made a part hereof for a more complete and accurate description of the
metes, bounds and location of said property.
Filed in this office:
Augusta - Richmond County
01/05/2005 16:13:37.00
Elaine C. Johnson
Clerk of Superior Court
CLOSING STATEMENT
December 29, 2004
Of real property located at'827 Telfair Street, Augusta, Richmond County, Georgia, and
described on Exhibit A. being purchased by AUGUSTA, GEORGIA from BRANDENBURG-
TELFAIR STREET, LTD.
PURCHASER'S SETTLEMENT STATEMENT
SALES PRlCE:
$1,260,000.00
ADDITIONS:
Prorated Real Property Taxes:
Survey Fee to Toole Engineers:
Appraisal fee to Krouse Appraisal:
$ 119.70
. $3,800.00
$2.500.00
Total:
$ 6,419.70
LESS:
Eamest Money: $ 10,000.00
In kind donation by Seller
For Library: $610,000.00
Total: ($620,000.00)
CASH DUE FROM PURCHASER: $ 646.419.70
SELLER'S SETTLEMENT STATEMENT
SALES PRlCE:
$1,260,000.00
ADDITIONS:
Prorated Real Property Taxes:
$ 119.70
Total:
$
119.70
Total Purchase Price:
$1,260,119.70
LESS:
Eamest Money applied
to Purchase Price:
($ I 0,000,:00)
. '
Closing Statement
Brandenburg- Telfair Street, Ltd
To Augusta, Georgia
December 29,2004
Page Two
In kind donation to Purchaser
For Library:
Real Estate Commission to
Bert Storey & Associates:
Georgia Transfer Tax:
($610,000.00)
($ 27,500.00)
($ 650.00)
Total Reduction:
($ 648,150.00)
CASH DUE TO SELLER:
$ 611.969.70
Notes:
1. Taxes for the year 2004 have been prorated. Purchaser shall be responsible for
subsequent years taxes.
2. Seller and Purchaser hereby acknowledge that each has read and approved the
foregoing Closing Statement and agree that it accurately reflects the substance of
the financial aspects of the transaction contemplated by the contract dated
November 16, 2004 and the parties hereby approve and direct the Closing
Attorney to disburse the proceeds and expense of the sale and purchase in
accordance with this Closing Statement. No responsibility is assumed by the
Closing Attorney for the accuracy of the figures obtained from others. Seller and
their agents, in receiving the funds disbursed herein, release the Purchaser and the
Closing Attorney from any claims against the funds disbursed herein.
Ij
3. Title insurance premiums and Seller's attorney fees to be paid outside of closing
by Seller. Purchaser's attorney fees, environmental investigative costs and
consultant fees to be paid outside of closing.
I
4. Purchaser agrees that the selling Broker, Brian Simpkins, may continue to store I
his personal property in the premises until January 5, 2005. In no event shall i
Purchaser have any liabilIty for the loss, theft or destruction of such personal I
property. I
5. This contract shall survive the Closing.
[signatures appear on following page]
Closing Statement
Brandenburg- Telfair Street, Ltd
To Augusta, Georgia
December 29,2004
Page Three
Brandenburg- Telfair Street, Ltd
By: ~ q.~
Lee H. Brandenburg \
Its: General Partner
Brandenburg- Telfair Street, Ltd
By: Eric Brandenburg Separate
Prop~rty Trust dated August 14, 2001
Its: ~eral P~r
i /"M. I /~~~
By: Eric Brandenburg
Its: Trustee
AU:7zJRGIA.
By: i~&
Its: MaYo~~. ..
Attest: / ~. . 1?ft!i/
Its: cltr:i-f~m sion
~ !
RESOLUTION
AUTHOlUZING THE CONTRACTING FOR THE NEW LIBRARY
WHEREAS, the East Central Georgia Regional Library (the "Library") is need of
additional land to expand or locate the main branch of the library and the administrative
offices of the library; and
WHEREAS, in 2000 sales tax referendum (SPLOST IV) the voters of Augusta-
Richmond County, Georgia approved funding for the acquisition of a new site for the main
branch and administrative offices of the library; and
WHEREAS, a site selection committee was formed by the Library to identify potential
sites for the new library building in the downtown Augusta area; and
WHEREAS, the Site Selection Committee identified approximately 12 sites in the
downtown area for the relocation of the building; and
WHEREAS, it was the recommendation of the Site Selection Committee to relocate the
library to the property located at 827 Telfair Street, which is commonly known as the Firie
l'
.!
Products building; and
WHEREAS, through preliminary discussions with the owners of the property, a price
at which the owners are willing to sale the property was been determined, which price is within
the range approved by Library Board; and
WHEREAS, in order to secure the site and to conduct a due diligence investigation, it
is appropriate and necessary for a contract to be entered into for the purchase of the Fine
Products building.
NOW, THEREFORE, it is hereby resolved as follows:
1. The County Attorney and the Executive Director of the Library are authorized to
negotiation a contract for the purchase of the property located at 827 Telfair Street at a
purchase price of $650,000.00 plus the acknowledgement of a gift by the owners of the
balance of the appraised value of the property.
2. That upon the completion of the negotiations of such contract the Mayor of the
Augusta, Georgia shall execute same as well as such other documentation as may reasonably be
required, all in form approved by the County Attorney.
3. The Executive Director, with the assistance of the County Attorney and the County's
Engineering Consultant shall undertake reasonable steps to conduct a due diligence
investigation.
4. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County
Commission, accompanied by the exhibits referred to herein.
Duly adopted by the Augusta-Richmond County Commission, this 16th day of November,
.'i!
2004.
b~
Augusta-Richmond County Commission
BY: ?ze~
As it Ma
ATIE~'-Ila-'?f,!r) 'trl(}i~
. Clerk . ,
(Seal)
RESOLUTION
AUTHORIZING THE CONTRACTING FOR THE NEW LIBRARY
WHEREAS, the East Central Georgia Regional Library (the "Library") is need of
additional land to expand or locate the main branch of the library and the administrative
offices of the library; and
WHEREAS, in 2000 sales tax referendum (SPLOST IV) the voters of Augusta-
Richmond County, Georgia approved funding for the acquisition of a new site for the main
branch and administrative offices of the library; and
WHEREAS, a site selection committee was formed by the Library to identify potential
sites for the new library building in the downtown Augusta area; and
WHEREAS, the Site Selection Committee identified approximately 12 sites in the
downtown area for the relocation of the building; and
WHEREAS, it was the recommendation of the Site Selection Committee to relocate the
library to the property located at 827 Telfair Street, which is commonly known as the Fine
"
I
Products building; and
WHEREAS, through preliminary discussions with the owners of the property, a price
at which the owners are willing to sale the property was been determined, which price is within
the range approved by Library Board; and
WHEREAS, in order to secure the site and to conduct a due diligence investigation, it
is appropriate and necessary for a contract to be entered into for the purchase of the Fine
Products building.
NOW, THEREFORE, it is hereby resolv~d as follows:
1. The County Attorney and the Executive Director of the Library are authorized to
negotiation a contract for the purchase of the property located at 827 Telfair Street at a
purchase price of $650,000.00 plus the acknowledgement of a gift by the owners of the
balance of the appraised value of the property.
2. That upon the completion of the negotiations of such contract the Mayor of the
Augusta, Georgia shall execute same as well as such other documentation as may reasonably be
required, all in form approved by the County Attorney.
3. The Executive Director, with the assistance of the County Attorney and the County's
Engineering Consultant shall undertake reasonable steps to conduct a due diligence
investigation.
4. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County
Commission, accompanied by the exhibits referred to herein.
Duly adopted by the Augusta-Richmond County Commission, this 16th day of November,
t!
,
2004.
gw
Augusta-Richmond County Commission
BY: U ~~
As its Mayoa
ATTEST: 'ZlOAftU ~
JQ~ .Cle . .
(Seal)
.'
RESOLUTION
AUTHORIZING THE PURCHASE OF A SITE FOR THE NEW
: LmRARY
WHEREAS, the East Central Georgia Regional Library (the "Library") is need of
additional land to expand or locate the main branch of the library and the administrative
offices of the library; and
WHEREAS, in 2000 sales tax referendum (SPLOST IV) the voters of Augusta-
Richmond County, Georgia approved funding for the acquisition of a new site for the main
branch and administrative offices of the library; and
WHEREAS, a contract for the purchase of the property located at 827 Telfair Street
was entered into by and between Augusta, Georgia and Brandenburg-Telfair Street, Ltd.,
pursuant to a Resolution of this body adopted on November 16, 2004, said contract being
dated November 16,2004; and
WHEREAS, a reasonable due diligence investigation has been conducted and it has
been determined that the site is suitable for the Library's needs and purposes.
NOW, THEREFORE, it is hereby resolved as follows:
1. The purchase of the subject property is authorized and approved at a purchase
price of $650,000.00 plus the acknowledgement of a gift by the owners of the balance of the
appraised value of the property and in according with the terms of the contract entered into by
and between Augusta, Georgia and Brandenburg-Telfair Street, Ltd. dated November 1 q,
1,,1
2004.
2. That the Mayor of the Augusta, Georgia shall execute a closing statement and such
other documentation as may reasonably be required to such property and to acknowledge acceptance
of the property by Augusta, Georgia, all in form as approved by the County Attorney.
3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County
Commission, accompanied by the exhibits referred to herein.
..
Duly adopted by the Augusta-Richmond County Commission, this _ day of December,
2004.
~
Augusta-Richmond County Commission
BY: ~ii?a;~
ATTEST: ~ft 1.) /~~
~-:C14'
(Seal)
\)
.
RESOLUTION
AUTHORIZING THE PURCHASE OF A SITE FOR THE NEW
LIBRARY
WHEREAS, the East Central Georgia Regional Library (the "Library") is need of
additional land to expand or locate the main branch of the library and the administrative
offices of the library; and
WHEREAS, . in 2000 sales tax referendum (SPLOST IV) the voters of Augusta-
Richmond County, Georgia approved funding for the acquisition of a new site for the main
branch and administrative offices of the library; and
WHEREAS, a contract for the purchase of the property located at 827 Telfair Street
was entered into by and between Augusta, Georgia and Brandenburg-Telfair Street, Ltd.,
pursuant to a Resolution of this body adopted on November 16, 2004, said contract being
dated November 16,2004; and
WHEREAS, a reasonable due diligence investigation has been conducted and it has
been determined that the site is suitable for the Library's needs and purposes.
NOW, THEREFORE, it is hereby resolved as follows:
1. The purchase of the subject property is authorized and approved at a purchase
price of $650,000.00 plus the acknowledgement of a gift by the owners of the balance of the
appraised value of the property and in according with the terms of the contract entered into by
and between Augusta, Georgia and Brandenburg-Telfair Street, Ltd. dated November 16,
If!
2004. ,.
2. That the Mayor of the Augusta, Georgia shall execute a closing statement and such
other documentation as may reasonably be required to such property and to acknowledge acceptance
of the property by Augusta, Georgia, all in form as approved by the County Attorney.
3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County
Commission, accompanied by the exhibits referred to herein.
"
Duly adopted by the Augusta-Richmond County Commission, this _ day of December,
2004.
/ftJ
::ta-llicu~:=2on
As its yor
ATTEST: ~J ~
. /~'. Cle .
(Seal)
RESOLUTION
AUTHORIZING THE PURCHASE OF A SITE FOR THE NEW
LIBRARY
WHEREAS, the East Central Georgia Regional Library (the "Library") is need of
additional land to expand or locate the main branch of the library and the administrative
offices of the library; and
WHEREAS, in 2000 sales tax referendum (SPLOST IV) the voters of Augusta-
Richmond County, Georgia approved funding for the acquisition of a new site for the main
branch and administrative offices of the library; and
WHEREAS, a contract for the purchase of the property located at 827 Telfair Street
was entered into by and between Augusta, Georgia and Brandenburg-Telfair Street, Ltd.,
pursuant to a Resolution of this body adopted 01;1 November 16, 2004, said contract being
dated November 16,2004; and
WHEREAS, a reasonable due diligence investigation has been conducted and it has
been determined that the site is suitable forthe Library's needs and purposes.
NOW, THEREFORE, it is hereby resolved as follows:
1. The purchase of the subject property is authorized and approved at a purchase
price of $650,000.00 plus the acknowledgement of a gift by the owners of the balance of the
appraised value of the property and in according with the terms of the contract entered into by
and between Augusta, Georgia and Brandenburg-Telfair Street, Ltd. dated November \6,
2004.
2. That the Mayor of the Augusta, Georgia shall execute a closing statement and such
other documentation as may reasonably be required to such property and to acknowledge acceptance
of the property by Augusta, Georgia, all in form as approved by the County Attorney.
3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County
Commission, accompanied by the exhibits referred to herein.
Duly adopted by the Augusta-Richmond County Commission, this _ day of December,
2004.
rx
Augusta-Richmond County Commission
BY ~~~~
As its Ma r
ATTEST: ~ ,{)m6>~
~Cl' .
(Seal)
:/