HomeMy WebLinkAboutJames W Smith Jr
Augusta Richmond GA
DOCUMENT NAME: 5 ~ W. Srv-~\-h "'\SG
DOCUMENT TYPE: .g ~SO \ U+- ,'<Jv\
YEAR: I qq(o
BOX NUMBER: )
FILE NUMBER: J ~ lo 2- \
NUMBER OF PAGES: ,,-5
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STATE OF GEORGIA
RICHMOND COUNTY
THIS INDENTURE, made this ~ day of ~~~ , 1996, by
and between RICHMOND COUNTY, GEORGIA, a political subdivision of
the State of Georgia, as party of the first part, and JAMES W.
SMITH, JR.,
of Richmond County, Georgia, 9S,' -party of the second
part;
W I TN E SSE T H:
That this conveyance is made pursuant to a Resolution
duly adopted on March 5, 1996 by the Augusta-Richmond County
Commission-Council abandoning the property hereinafter described
and authorizing the sale of said property (a copy of said
Resolution being attached hereto as Exhibit "A").
That the party of the first part,
for and in
consideration of the SUIT, of Nine Hundred and NO/100 ($900.00)
Dollars, hand paid by the party of the second part, receipt whereof
is hereby acknowledged, does hereby release, remise and forever
quitclaim unto the party of the second part, his heirs and assigns,
the following described property, to-wit:
ALL that lot or parcel of land, with any
improvements thereon, situate, lying and being
in the 85th D.G.M., Richmond County, Georgia,
containing 0.17 acres on the Northwest side of
Carolina Road and being more particularly
known and described as Trac,t "A" on a plat
prepared by W. R. Toole Engineers, Inc., dated
November 14, 1995, revised January 31, 1996,
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and recorded in the office of the Clerk of the
Superior Court of Richmond County, Georgia, in
Real ty Reel page ,
reference being made to said plat for a more
complete and accurate description as to the
metes, bounds, distances and location; the
above described property is conveyed subject
to a lO-foot drainage and utility easement and
a Is-foot permanent drainage and utility
easement as shown on said plat above
referenced and subj ect to all easements of
record for utilities.
TO HAVE AND TO HOLD the said premises to the said party
of the second part, so that neither the said party of the first
part, nor its successors or assigns, nor any other person or
persons claiming under them shall at any time, by any means or
ways, have, claim or demand any right or title to the aforesaid
described premises or appurtenances of in any rights thereof.
IN WITNESS WHEREOF, the party of the first part has
caused these presents to be executed by its proper officials and
its seal affixed hereto, the day and year first above written.
SIGNED, SEALED AND DELIVERED
in the presence of:
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RESOLUTION
WHEREAS, the Richmond County Board of Commissioners
resolved by Resolution dated November 21, 1995, that the portion of
Wise Drive beginning at its intersection with Carolina Road, as
shown on a boundary survey prepared by W. R. Toole Engineers, Inc.,
dated November 21, 1995, as revised on January 31, 1996, has ceased
to be used by the public to the extent that no substantial p~blic
purpose lS served by it;
WHEREAS, the adjoining property owners to the property
described above have been notified of the November 21, 1995
Resolution, and the request for abandonment; notice of the
Resolution has been published in the Augusta Chronicle once a week
for a period of two weeks, and a public hearing on the proposed
abandonment was conducted on January 8, 1996, with no objections
being made;
WHEREAS, by virtue of the events set forth above, the
above identified property is deemed abandoned and no longer a part
of the Richmond County road system;
WHEREAS, notice has been given to the owner of abutting
land holding title through the owner from whom Richmond County
acquired the property of said owner's right to acquire the land
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EXHIBIT "A"
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described above;
WHEREAS, said owner Jimmy Smith
has communicated his
desire to exercise his right to acquire the above described
property at a price to be agreed upon; and
WHEREAS, the property in question has been appraised at
a value of $ 9DO, 00
by appraiser Jack L. Minor, and an appraisal
prepared at the request of Richmond County and dated f~-(ua('ja~,ACL;
NOW, THEREFORE, 'it is hereby resolved as follows:
1,. It is hereby determined that all requirements of
Georgia law for the abandonment of a county roadway have been met
and that the section of' Wise Drive referred to in the County
Commission's November 21, 1995 Resolution and described above is no
longer a part of the Richmond County road system.
2. Jimmy Smith has properly exercised his right to
purchase the property described above.
3. It is further determined that upon receipt of
$ Y.OO,OO
from Jimmy Smith, the Mayor of the Augusta-Richmond
County Commission-Council, as successor to the Richmond County
Board of Commissioners, and the Interim Administrator, shall
execute a Quit-Claim Deed and such other documentation as may
reasonably be required, in forms approved by the County Attorney,
conveying all of Richmond County's interest in the property, which
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interest is subject to all easements of record for utilities, to
Jimmy Smith.
All proceeds arising from this sale shall be paid
into and constitute a part of the funds of Richmond County.
This Resolution shall be recorded on the Minutes of the
Augusta-Richmond County Commission-Council, accompanied by the
exhibits referred to herein.
Duly adopted by the Augusta-Richmond County Commission-
Council, this 5~ day of lJtldA.a ,1996.
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