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HomeMy WebLinkAboutRESOLUTION AUTHORIZE PURCHASE OF .35 OF PROPERTY PARCEL IDENTIFIED TPN-0-006-00-0 LOCATED AT 1822 PHINZY ROAD AUGUSTA GARESOLUTION TO AUTHORIZE PURCHASE OF .35 ACRES OF A PROPERTY PARCEL IDENTIFIED AS TPN #145 -0- 006 -00 -0 LOCATED AT 1822 PHINIZY ROAD, AUGUSTA, GEORGIA. WHEREAS the Parks and Recreation Department is in need of an emergency, maintenance, and operational vehicle access into the park site currently identified as Butler Creek Trailhead Park; and WHEREAS, the purchase of the .35 acres of a property parcel identified as TPN #145 -0- 006-00-0 currently owned by Shadowland Properties, LLC would provide such access; and WHEREAS, the vehicle access into the park site has been identified on a Plan and included as part of the construction documents; and WHEREAS, it is necessary and appropriate for a resolution be adopted authorizing the purchase of the Property, and the execution of the Purchase Agreement and necessary closing documents by the Mayor and the Clerk of Commission. NOW THEREFORE, it is hereby resolved as follows: 1. That the .35 acres of a property parcel identified as TPN #145 -0- 006 -00 -0 and more fully depicted on the construction plan marked as Exhibit A shall be purchased by Augusta, Georgia, for $16,100.00 from property owner Shadowland Properties, LLC. 2. That Queensboro Bank has executed a Subordination Agreement dated August 3, 2012, which subordinates the lien of its said Deed to Secure Debt and Assignment of Rents dated December 20, 2006 to any interest that Augusta may have in the .35 acres, and is attached as Exhibit B. 3. It is further resolved that the Mayor and Clerk of Commission of Augusta, Georgia are hereby authorized to execute the necessary Purchase Agreement and closing documents, as may reasonably be required, in form approved by counsel for Augusta, conveying Shadowland Properties, LLC's interest in the .35, which interest is subject to all easements and restrictions of record to Augusta, Georgia. 4. This Resolution shall be recorded in the Minutes of the Augusta, Georgia Commission, accompanied by the exhibits referred to herein. Duly adopted by the Augusta, Georgia Commission, this - "'da y of September, 2012. Page 2 of 3 Exhibit "A" DESCRIPTION OF THE PROPERTY ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN RICHMOND COUNTY (CITY OF AUGUSTA), GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE RIGHT -OF -WAY MONUMENT FOUND AT THE INTERSECTION OF THE WESTERLY RIGHT -OF -WAY LINE OF OLD SAVANNAH ROAD (RIGHT -OF -WAY VARIES) AND THE SOUTHERLY RIGHT -OF -WAY LINE OF PHINIZY ROAD (RIGHT -OF -WAY VARIES), THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF PHINIZY ROAD SOUTH 83 DEGREES 00 MINUTES 35 SECONDS WEST, 430.37 FEET TO A CONCRETE RIGHT -OF -WAY MONUMENT FOUND; THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF PHINIZY ROAD NORTH 07 DEGREES 24 MINUTES 49 SECONDS WEST, 20.39 FEET TO A CONCRETE RIGHT - OF -WAY MONUMENT FOUND; THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF PHINIZY ROAD SOUTH 82 DEGREES 55 MINUTES 43 SECONDS WEST, 418.00 FEET TO A ONE -HALF INCH REBAR PIN SET AND THE POINT OF BEGINNING (SAID REBAR PIN HAVING STATE PLANE GRID COORDINATES OF N- 1231387.36 AND E- 704899.27); THENCE SOUTH 06 DEGREES 44 MINUTES 22 SECONDS EAST, 375.33 FEET TO A ONE - HALF INCH REBAR PIN SET; THENCE SOUTH 80 DEGREES 35 MINUTES 02 SECONDS WEST, 40.04 FEET TO AN ANGLE IRON FOUND; THENCE NORTH 06 DEGREES 44 MINUTES 22 SECONDS WEST, 376.97 FEET TO AN ANGLE IRON FOUND; THENCE NORTH 82 DEGREES 55 MINUTES 43 SECONDS EAST, 40.00 FEET TO A ONE - HALF REBER PIN SET AND THE POINT OF BEGINNING; SAID TRACT OR PARCEL OF LAND CONTAINING 0.35 ACRES (15,046 SQUARE FEET) OF LAND. THIS INSTRUMENT IS INTENDED TO DESCRIBE ALL OF THE PARCEL OF LAND SHOWN ON A DRAWING ENTITLED "PLAT FOR AUGUSTA - RICHMOND COUNTY COMMISSION" PREPARED BY AUGUSTA - RICHMOND COUNTY ENGINEERING DEPARTMENT ON DECEMBER 20, 2011 AND SHOWN AS PROJECT NO. 11 -0026. Page 3 of 3 STATE OF GEORGIA ) COUNTY OF RICHMOND ) CROSS REFERENCE WITH: Deed to Secure Debt and Assignment of Rents Recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Reel 1096, page 1901 THIS AGREEMENT, made and entered into this " day of A-41.4.14- , 20L.by and between AUGUSTA, GEORGIA, a political subdivision of the State ofeorgia (hereinafter referred to as "AUGUSTA "), and QUEENSBOROUGH NATIONAL BANK & TRUST COMPANY, (hereinafter referred to as "BANK "); WITNESSETH: SUBORDINATION AGREEMENT WHEREAS, SIiADOWLAND PROPERTIES, LLC (hereinafter referred to as "OWNER ") on December 20. 2006 gave to BANK a Deed to Secure Debt and Assignment of Rents to the property described on Exhibit A, to secure a certain indebtedness to BANK and said Deed to Secure Debt and Assignment of Rents is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Reel 1096, page 1901. WHEREAS, OWNER has sold a portion of the real property identified as 1822 Phinizy Road Augusta, GA, in the County of Richmond and identified as Tax Map Parcel Number: 145- 0- 006 -00 -0 (hereinafter referred to as the "Property "). The Property is described in more detail on Exhibit "B ". The original deed of such transaction is to be recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia; and WHEREAS, BANK is willing to subordinate the lien of its said Deed to Secure Debt and Assignment of Rents dated December 20, 2006 to any interest that AUGUSTA may have in the above referenced deed. NOW THEREFORE, in consideration of the premises and the mutual covenants and promises hereinafter contained and the duties to be undertaken, BANK does hereby agree and declare that the lien of the Deed to Secure Debt and Assignment of Rents from OWNER to BANK, dated December 20, 2006, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 1096, page 1901, is and forever shall be subject, subordinate and inferior in lien right and dignity at all times to the deed from OWNER to AUGUSTA which is to be recorded in the aforesaid Clerk's Office. Wherever any notice is required or pennitted hereunder, such notice shall be in writing and shall be delivered in person or sent by registered or certified mail, return receipt requested, postage prepaid, to the address set out in the execution pages below or at such other address as is specified by written notice delivered m accordance herewith. Any and all notices given by personal delivery shall be deemed received when delivered and any and all notices given by mailing shall be deemed received on the fifth calendar day following the postmark of such notice. This Agreement shall he binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. [SIGNATURES ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, Subordinating BANK and AUGUSTA have caused their duly authorized officers to execute and deliver this Agreement under seal as of the date, month and year first above written. Signed, Sealed and Delivered in the presence of Unofficial Witness N y i Mc, State of ge,OI' t p_.., r 7 y :,n I0 / � - 5 QUEENSBOROUGII NATIONAL BANK & TRUST COMPANY Ak hig ii l.. �. - I► rm . BY: Its: SUBORDINATING BA K Ittstrumcttt Number: 2006058135 Book/Page: 01096/1901 Date Filed: 12/28/2006 14:40:23.01 Return to STATF. OF GEORGIA COUNTY OF RICHMOND C - Mornpaots Harley marker, Harley h flckher, LLP 420 walker Street Augusta. Georgia 30901 DEED TO SECURE DEBT AND ASSIGNMENT OF RENTS THIS INDENTURE, made this 20 day of December, 2006, between SHADOWLAND PROPERTIES, LLC, a Georgia limited liability company, hereinafter referred to as Grantor, and QUEENSBOROUGH NA'T'IONAL BANK & TRUST COMPANY, 14S0 Greene Street, Augusta, Georgia, 30901 hcreinafte- referred to as Grantee. WIT NF..SSETH: 'that, WHEREAS, Grantur ix justly indebted to Grantee in the sum of One Million One Hundred Two Tbousnnd Six Hundred Thirty and 01/100 Dollars (S 1.102,630.01). in tawfill money o1 the United States, and has agreed to pay the same, wick interest thereon, according to the trims of a certain note (the "Note ") given by Grantor to Grantee, bearing oven date herewith, with final payment being due on December 20, 2011, Ole Note, hy reference, being made a part hereof, NOW, THf?RIiFORL, in consideration of the premises and of the sum hereinahove set forth, Grantor has grunted, bargained, sold and cnnvoyed, and hy these presents dues grant, bargain, sell and convey unto Grantee the fallowing property, le -wit. EXHIBIT TeXitAlitik wlb all beild.ngs, structures and other tmprovemMc now or hcrc.Rer located on the property here,aaner desonbed, or my part rad parcel thereof, and (X)E"rHER with all tights, odes and interest of Enactor n and to the mmerds lkrwws, shrubs, crops, trees, Umber and other emblcments nuw or hereafter on said property or above the name or nay pan or parcel thereof, and TOGETHER with all and singukr Iha tenements, heraditerncnn, casements and appareenences l or to ony west apperta.mng, onJ the revcrzion Or reversions. rentamder and remainders. rents. issues and proths ehe,cnt: and also all the estate, right, tide, e a.ernt charm and demand whatsoever of Grantor of, in and to the same and of, in and to every put and pored thereof, and TOG5THCRw ,lh all machmary,appartuus equipment. firtrogs, fixtures, whether actually or constructively seochedto seed property and including all trade, dormant. and In mam al fixtures, and artcics of Knout property of every loud and nature whatsoever thoreinahcl eollechvaty tolled' bt{wpnwnr), now or hereafter located to upon or under said property m any put thereof and used or usabk 1 connecton with 0.'S•SItADOWLANn Akin Q111*,M aURUL'tli1.31a.0dCT1GDetD T05000119 01507 11011100 rap: 1 nn This document is not to scale. Book 01098.1901 Augusta - Richmond County 20000 12r28/200614:410.z3.01 $3333.00 SECURITY DEED In U19Lminv1191nIU11119I U 2000058135 Augusta - Richmond County intangible Tax: $3309 00 Instrutnent Number: 2006058135 Book/Page: 01096/1906 Date Filed: 12/28/2006 14:40:23.01 Witness secured hereby 20 Other Indebtedness Notwithstanding paragraph 19 hereof, so lung us this Security need is not canceled by Onnwe this Deed shall olio steam any other indebtedness of Grantor due the Grantee now existing or hereafter cleated and whether or not any such indebtedness is evidenced by promissory notes or any other iosnamcnb. 21. Smsvereet's Facer. 11pon request of (bootee in Wtitiog to oceaNance with paragraph 15 hereof and within not more than thuty drys cam date notice is maned to Grantor, Grantor shall prompty etaooutc all dooumend noeessary lb comet any typographical or written en or or to °libellant *tits in tun other daccuntent referred to heroin. ea which dxurnsnt was required or contemplated to he included as • putt of she whole tnnaction being effected hereby. 22. Successors sad Assigns. The word "Deemer" and "Geantaa" whenows anal Kasen shall include ell indivsdaalc, corporations (sad ,f * corporation, in officers, employees. octets or anarnoya) and any and 411 other persons 01 entities. and the respective heirs, executors. sdmininnbrs, legal sepreeentadvcs, sucemsson and ROOM* of the ponies hereto, and all those holding under either of them. and the pronouns used heron shag inolade, when nppmpriatc, etcher geodes and two, singular end plural, sod the word "Nato" shall also include ens or mart notes and the grammatical construction of sentences shall conform thereto. V more than one parry dial) execute this deed. the tent 'Graeae(" shag mean dl ponies signing, and each of there, aed end, agreement, obligation and Secured Indebtedness of the Grantor *bail be sod mean the several to well as joint anderWhm1 °teach of them to wiTSESS WHEREOF. this Decd has been dory executed by Grantor the day and yew lint above written Signed. sealed and delivered in the presence of Noun My Ommission Expires By F ts.slinDOW I.ANn A N) QI)teNsPosouCIH. 379 AM:11W W! EL) TO SECAItJ DIirT tun DOC Meet Gat? This document is not to scale. Book 01098.1906 Auguste . Richmond County 2006058135 12/28/2006 14:40:23 01 SttAllQWLANU PROP1. K'1'11 S, LLC As ( Sc a t) Instrument Number: 2006058135 Book/Page: 01096/1907 Date Filed: 12/28/2006 14:40:23.01 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 Area = 2.50 Acres, 108,957 sq A. on plat dated March 13, 2002, prepared by H. Lawson Graham & Associates, Inc., recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Plat Book 783, page 1794; reference being made to said plat for a more complete description as to the metes, courses and bounds; and a non exclusive perpetual easement over, under and across TRACT "C" 1.50 ACRES, and property designated as "REQUIRED DOT R/W (0,108 Ac)" , as shown on a Boundary Plat of Goshen Village prepared for James M. Hull, Goshen Village, LLC, Wachovia Bank, N.A. and Lawyers 'Title insurance Corporation under date of April 7, 1998, last revised May 6, 1998, a copy of which is recorded in the Office of the Clerk of Superior of Richmond County, Georgia in Realty Reel 596, page 810; for the purpose of ingress, egress. and utilization of all utilities from time to time constnteted within TRACT "C" 1.50 ACRES and REQUIRED DOT R/W (0.108Ac); and a non exclusive perpetual easement for the benefit of Grantor, in, to, over, under, along and across a strip of land 20 feet in width which is parallel to the right -of -way line of the Mike Padgett I.lt tghway, Georgia Highway #56. which is parallel and adjacent to the northern boundary line of the adjacent lot on the south, which strip of land constitutes the remaining half of the above described common driveway. Said property is the same us thut conveyed by deed from The Nixon Trust to Shadowland Properties LLC dated March 27, 2002, and recorded in the Office of the Cleric or.lhe Superior Court of Richmond County, Georgia in Deed Book 783, Page 1795. Map & Parcel No.: 157 -4- 005 -00.0 And All that tract or parcel of land, with any improvements thereon, situate, lying and being in Richmond County. Georgia, containing 8.22 acres, and being shown and designated as "Tract 13 8.22 Acres" on a plat prepared for the Augusta- Richmond County Commission by W.R. Toole Engineers, Inc., dated March 12, 2004, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Deed Book 1, at Page 489; reference being trade to said plat for a more complete and accurate description as to the metes, bounds and location of said property. Said property is bounded on the North by Phiniry Road, bounded on the East by Old Savannah Rood, hounded on the Scuth by property now or formerly owned by Virginia R. Gaines, et al., and hounded on the West by property now or formerly of the Augusta Shrine Club, Inc. EXHIBIT "A" Said property if the sante as that conveyed by deed from Virginia 13. Gaines, Aobbye V. Gaines, and John E. Gaines to Shadowland Properties, LLC dated August 26, 2004, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Deed Book 947, Page 385. Map & Parcel No.: 144 -0- 021 -00 -0 Y' ∎sMAt rk,Minnd ►nd th,«nsborough- 379- 06CTH\Prnperly Description. dos This document is not to scale. Book 01098'1907 Augusta - Richmond County 200605 8135 12/28/2006 14:40:23.01 EXHIBIT B DESCRIPTION OF THE PROPERTY ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN RICHMOND COUNTY (CITY OF AUGUSTA), GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE RIGHT -OF -WAY MONUMENT FOUND AT THE. INTERSECTION OF THE WESTERLY RIGHT -OF -WAY LINE OF OLD SAVANNAH ROAD (RIGHT -OF -WAY VARIES) AND THE SOUTHERLY RIGHT -OF -WAY LINE OF PHINIZY ROAD (RIGHT -OF -WAY VARIES), THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF PHINIZY ROAD SOUTH 83 DEGREES 00 MINUTES 35 SECONDS WEST. 430.37 FEET TO A CONCRETE RIGHT -OF -WAY MONUMENT FOUND; THF.NCE ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF PHINIZY ROAD NORTH 07 DEGREES 24 MINUTES 49 SECONDS WEST, 20.39 FEET '10 A CONCRETE RIGHT -OF -WAY MONUMENT FOUND; THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF PHINIZY ROAD SOUTH 82 DEGREES 55 MINUTES 43 SECONDS WEST , 418.00 FEET TO A ONE -HALF INCH REBAR PIN SET AND THE POINT OF BEGINNING (SAID REBAR PIN HAVING STATE PLANE GRID COORDINATES OF N- 1231387.36 AND E- 704899.27); THENCE SOUTH 06 DEGREES 44 MINUTES 22 SECONDS EAST, 375.33 FEET TO A ONE -HALF INCII REBAR PIN SET; THENCE SOUTH 80 DEGREES 35 MINUTES 02 SECONDS WEST, 40.04 FEET TO AN ANGLE IRON FOUND; THENCE NORTH 06 DEGREES 44 MINUTES 22 SECONDS WEST, 376.97 FEET TO AN ANGI.F. IRON FOUNIT. THENCE NORTH 82 DEGREES 55 MINUTES 43 SECONDS EAST, 40.00 FEET TO A ONE. -HALF REBER PIN SET AND THE POINT OF BEGINNING; SAID TRACT OR PARCEL OF LAND CONTAINING 0.35 ACRES (15,046 SQUARE FEET) OF I.AND. THIS INSTRUMENT IS INTENDED TO DESCRIBE ALL OF THE PARCEI. OF LAND SHOWN ON A DRAWING ENTI'T'LED '`PLAT FOR AUGUSTA - RICHMOND COUNTY COMMISSION" PREPARED BY AUGUS'T'A- RICHMOND COUNTY ENGINEERING DEPARTMENT ON DECEMBER 20, 2011 AND SHOWN AS PROJECT NO. 11-0026.