HomeMy WebLinkAboutQUITCLAIM DEED TO ABANDONED ROADWAY_ CONVEYANCE OF HEATH DRIVE TO BERCKMAN RESIDENTIAL PROPERTIES, LLC to
01: : .7 QCDEED 1554 Pg 1 503
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' Filed and Recorded:
11412016 4:51:47 PM
Transfer Tax$0.00 Elaine C.Johnson
Clerk of Superior Court
Recording Fee:$42.00 Augusta Richmond County,
STATE OF GEORGIA )
QUITCLAIM DEED TO ABANDONED ROADWAY
COUNTY OF RICHMOND ) (Heath Drive)
WHEREAS, those resolutions of the Commission of AUGUSTA, GEORGIA, a political
subdivision of the State of Georgia ("Grantor"), dated December 16, 2014, and February 23,
2015, copies of which are attached as Exhibit B hereto, authorized the abandonment and
conveyance of Heath Drive to BERCKMAN RESIDENTIAL PROPERTIES, LLC, a Georgia
limited liability company("Grantee");
WHEREAS, by deed dated May 28, 2015, and recorded in the Office of the Clerk of
Superior Court of Richmond County, Georgia, on August 17, 2015, in Book 1497, page 1300,
Grantor conveyed Heath Drive and other roadways to Grantee;and
WHEREAS, because of prior roadway reconfigurations and possible survey
discrepancies, the exact location of Heath Drive was not known at the time of said prior deed,
and the parties desire to execute this quitclaim deed to confirm title in Grantee to all portions of
the roadway formerly known as Heath Drive.
NOW THEREFORE, Grantor, for and in consideration of the sum of Ten Dollars
($10.00)and other good and valuable consideration,to it in hand paid by Grantee,the receipt and
sufficiency of which are hereby acknowledged, does hereby release, remise and forever
quitclaim unto Grantee, its successors and assigns, all right, title and interest of Grantor, if any,
in and to that Iot, tract, or parcel of land, situate, lying and being in Augusta, Richmond County,
Georgia,described in Exhibit A hereto(hereinafter designated as"the Premises.")
TO HAVE AND TO HOLD the Premises, and all the estate, right,title, lien, interest and
claim whatsoever of Grantor therein, either in law or equity, and all improvements thereon and
appurtenances thereto, unto the proper use, benefit and enjoyment of Grantee, its successors and
assigns, forever.
P ;TURN TO:
R.1 .Fianna. lli.Esquire
Hull Barrett.PC
00975149.docx-E III Park Avenue,S.W.
Aiken.SC 298+)1
RECORD BOOK I 554 Ps I. 504
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IN WITNESS WEREOF, Grantor,pursuant to due authority,has executed this instrument
under seal effective as of the date first written above.
Signed,sealed and delivered in the Grantor:
presence of:
Augusta, Georgia
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RECORD BOOK 1 554 Ps 1505
Exhibit A
All those tracts or parcels of land, with any improvements thereon, situate, lying and being in
Augusta, Richmond County, Georgia, shown as Tract "Al" - 0.14 Acre, Tract "A2" - 0,21 Acre,
Tract"B-1"-0.02 Acre,Tract"B-2"-036 Acre,Tract"B-3"-0.02 Acre,and the remainder of the
property labeled Heath Drive 60' RNV on that Plat prepared for Berckman Residential Properties, LLC
by John Thomas Attaway, Georgia RLS No. 2512, of Cranston Engineering Group, P.C., bearing job
number 2008-0271, dated October 21, 2008, last revised December 12, 2008, and recorded with the
Office of the Clerk of Superior Court of Richmond County,Georgia in Book (a.- ,page d, D
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RECORD BOOK 15$4 Ps 1507
Exhibit B
Authorizing Resolutions of the Augusta, Georgia Commission
See attached.
00975149.docx-1
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Clerk of Commission 530 Greene Street-Augusta,GA.3091-
(706)821-1820- FAX(706)821-183E
r► Nancy Morawski
Deputy Clerk
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La CLERK'S CERTIFICATION
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The undersigned Clerk of Augusta-Richmond County(the"Commission"),hereby
certifies that the foregoing is a true and correct excerpt copy of the minutes of the
Augusta Commission listing agenda items r-n held on December 16,2014.
IN WITNESS WHEREOF, I hereunto have set my hand and affixed the seal of
Augusta, Georgia,this 23rd March, 2016.
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if a ` 74;, ,....tv.::' .1 0 01{/1// 4 1 10/*/
� or �" 1; •",# Clerk,Au: sta, Georgia Commission
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201601 talc end County
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111 t3 u a r; I A
.. Commission Meeting Agenda Commission Chamber- 12/16/2014
ATTENDANCE:
Present: Hons.Deke Copenhaver,Mayor,Lockett,Guilfoyle, Mason,Harris,Williams,
Fenny,Johnson,Hasan,Davis and Smith,members of Augusta Richmond County
Commission.
ix
INVOCATION:
Father Robert Fain,Pastor,Church of the Good Shepherd.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMEIUCA.
PRESENTATION(Q)
A. Presentations honoring out-going members of the Augusta Commission,the Honorables Mayor Item
Deke Copenhaver,Mayor Pro Tem Corey Johnson,Alvin Mason,and Joe Jackson. Action:
None
O ItemAaorovalSheetfitm!
Motions
Motion Motion Text Made Seconded Motion
Type By By Result
Presentations are made to Mayor Copenhaver and
Commissioners Johnson,Mason and Jackson.
B. Presentation of the Digital Cities Award to the Information Technology Department. Item
Action:
None
I�DieitalSitlea Awsrti.adf
O itunAoarovaNheet.htud
Motions
Motion Motion Text Made Seconded Motion
Type By By Result
Presentation of the Digital Cities Award is made to
the Information Technology Department.
Five(5)minute time limit per delegation
DELEGATIONS
C. Rev. Dr. Melvin G. Lowry regarding the creation of a Memorial/Endowment Fund in honor of Item
the late William Quincy Murphy,Georgia House of Representatives. Action:
Approved
�11,r�11Y LYLI1lll
t' Motion to approve.Mr. 201 7 3/28/�Q1 16:41:27.00
0 • Approve Fennoy out. Commissioner Alvin Commissr ei Corey Passes
9.4 Motion Passes 9-0. Mason Johnson
,-i PUBLIC SERVICES
a. 7.. Motion to approve Bid Item 14-212, Diamond Lakes Park Campground Project,Phase Ito C& Item
vt H Paving in the amount of$627,120.50. (Approved by Public Services Committee December Action:
8,2014) Approved
Q 29100284 2014-11-13 Cotasnitant Bid Reconunentintion.ndi
2
0 invitation to Bid sent to newsnaoer rev.doc
Q 14-212 TAB.Yh
0 Mandatory Pro-Bid sign-in_sheetpdf
Q Levine Recommend of Rid 14 212.ndf
❑Jvfa® Lint and Demandstar Planholderaodr
❑1temAnnrovalSheetrttmt
Motions
Motion Motion Text Made By Seconded By Motion Result
Motion to approve.Mr. Commissioner Alvin Commissioner Corey
Approve Fennoy out. Mason Johnson Passes
Motion Passes 9-0.
ENGINEERING SERVICES
8. Motion to determine that a portion of Berckmans Road from a point near the driveway to Jay's Item
Music Store just off Washington Road to the intersection of New Berclaaians Road, Heath Action:
Drive, Cherry Lane, Hemlock Hill Road, Hillside Lane, and McCarthy Drive in their entirety; Approved
and Stanley Drive from Heath Drive to its intersection with the new Berckmans Road,as shown
on the attached plat, has and/or shall cease to be used by the public to the extent that no
substantial public purpose is served by it or that its removal from the county road system is
otherwise in the best public interest,pursuant to O.C.G.A. §32-7-2,with the abandoned property
to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be
retained over the entire abandoned portion for existing or future utilities as directed by Augusta
Engineering Department and Augusta Utilities Department, to be effective immediately as to
each of the above stated roads, except as to said portion of Berckmans Road which shall be
effective upon the construction and acceptance of the new Berckmans Road into the Road
System of Augusta, Georgia. (Approved by Engineering Services Committee December 8,
2014)
Q plat moo-berckmans rd area.odf
Q Resolution Abandonment Roads in Berckmans Road area(2l.docac
Q jtemAnnrovalSheethtml
Motions
Motion Motion Text Made By Seconded By Motion
Type Result
Approve Motion to approve.Mr. Passes
Fennoy out. Commissioner Alvin Commissioner Corey
20otuln -son - _ � _ : • . :,, 1:27.00
Motion Passes 9-0. Mason
1'1 9. Motion to authorize condemnation to acquire title to aportion of propertyrightway,
9 for of Item
permanent construction and maintenance easement, and one temporary driveway easement Action:
(Parcel 193-0-011-00-0) 4633 Windsor Spring Road. (Approved by Engineering Services Approved
Committee December 8,2014)
l0
D Agenda Item-Ija,an-Parcel 163.nd[
0 ItemAnnrovalSbeet.htl
co Motions
.M,° e°n Motion Text Made By Seconded By Motion
Result
Motion to delete.Mr. Commissioner Alvin Commissioner Corey
Delete Fennoy out. Mason Johnson Passes
Motion Passes 9-0.
10. Motion to authorize condemnation to acquire title to a portion of property for right of way and Item
permanent construction and maintenance easement (Parcel 227-0-095-00-0) 2014 Ebenezer Action:
Drive.(Approved by Engineering Services Committee December 8,2014) Approved
Li Mende Hem-Ilemloaads-Parcel 1ZIA.edl
❑jlenAonrovalSheet.hleli
Motions
Motion Motion Text Made By Seconded By Motion
Type Result
Motion to approve.Mr. Commissioner Alvin Commissioner Corey
Approve Fennoy out. Mason Johnson Passes
Motion Passes 9-0,
11. Motion to approve entering into a Preliminary Engineering Agreement with CSX Item
Transportation, Inc. (CSXT) which will enable CSXT to proceed with certain necessary Action:
engineering and/or design services for the subject project.Also, approve for the Augusta, Approved
Georgia Mayor and other designated representatives of Augusta, Georgia to execute three (3)
Preliminary Engineering Agreements and provide payment in the amount of$21,230 to CSXT
as requested by AED. (Approved by Engineering Services Committee December 8,
2014)
D CSX Prelininary Eng A-,,nt 1-20 Eustlivad.od[
❑CPB Change number Two 11.18.20I4xlsa
0 ItemAamrora&Skeet.htmi
Motions
Motion Motion Text Made By Seconded By Motion
Type Result
Commissioner Marion Commissioner Alvin
Approve Motion to approve.Mr.
Fenny out.
Williams Mason Passes
Dom U l at4,!1 JO# Ug. -.. .. TIUMU L.OUflW
• . 11 7 • 812016 16: : DO
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Lena J.Bonner,CMC Suite 220-Munidpal Buildin4
Clerk of Commission 535 Telfair Street-Augusta,GA.3091'
� (706)821-1820- FAX(706)821-183f
Nancy Morawski
Deputy Clerk
:o
CLERK'S CERTIFICATION
The undersigned Clerk of Augusta-Richmond County Commission (the
"Commission"), hereby certifies that the foregoing is a true and correct copy
of the:
Resolution of the Augusta-Richmond County Commission to abandon
Berckmans Road from a point hear the driveway to Jay's Music Store
just off Washington Road to the intersection of New Berckmans Road,
Heath Drive, Cherry Lane, Hemlock Hill Road, Hillside Lane, and
McCarthy Drive in their entirety; and Stanley Drive from Heath Drive
to its intersection with the new Berckmans Road as a part of the Road
system of Augusta-Richmond County.
Duly adopted by the Commission at a meeting called and held on December
16, 2014; that said resolution has been spread upon the corporate records of
the Commission.
IN WITNESS WHEREOF, I hereunto have set my hand and affixed the
seal of Augusta, Georgia;Aif 22" day of March, 2016.
(Sea
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Page 1 of 1
Book 01524:1737 Augusta Rich nd County
2016 _ ,0 16 16:41:27.00
10
THIS RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION TO
ent ABANDON BERCKMANS ROAD FROM A POINT NEAR THE DRIVEWAY TO JAY'S
MUSIC STORE JUST OFF WASHINGTON ROAD TO THE INTERSECTION OF NEW
BERCKMANS ROAD, HEATH DRIVE, CHERRY LANE, HEMLOCK HILL ROAD,
111
FET .LSIDE LANE,AND MCCARTHY DRIVE IN THEIR ENTIRETY; AND STANLEYDRIVE FROM HEATH DRIVE TO ITS INTERSECTION WITH THE NEW
BERCICMANS ROAD AS A PART OF THE ROAD SYSTEM OF AUGUSTA-
RICHMOND COUNTY;
THIS RESOLUTION, adopted by the Augusta-Richmond County Commission
us ("Commission");
WHEREAS, it has been proposed that the Commission make a determination that
Berckmans Road from a point near the driveway to Jay's Music Store just off Washington Road
to the intersection of New Berckmans Road, Heath Drive, Cherry lane, Hemlock Hill Road,
Hillside Lane, and McCarthy Drive in their entirety;and Stanley Drive from Heath Drive to its
intersection with the new Berckmans Road as shown on the attached plat, has and/or shall cease
to be used by the public to the extent that no substantial public purpose is served by it or that its
removal from the county road system is otherwise in the best public interest and that the right-of-
way should be abandoned as part of the Richmond County Road System;and
WHEREAS, it has been Augusta, Georgia's policy, pursuant to O.C.G.A § 32-7-2, to
reduce the number of roads in Augusta, Georgia that are not utilized or useful to the public and
to abandon such roads;and
WHEREAS,a Public Hearing was held on December 3, 2014 at the Augusta-Richmond
County Municipal Building,2"d Floor,530 Greene Street,Augusta,Georgia;and
WHEREAS,notice of such Public Hearing was published in The Augusta Chronicle, the
newspaper in which Sheriff's advertisements for Richmond County are published, on November
13, 2014 and November 20, 2014, and that the property owners located on Berckmans Road
from a point near the driveway to Jay's Music Store just off Washington Road to the intersection
of New Berckmans Road, Heath Drive, Cherry lane, Hemlock Hill Road, Hillside Lane, and
Book 01524:1738 Au..._--0-3 mo•. County
t 20 3/28/2016 16:41:27.00
McCarthy Drive in their entirety; and Stanley Drive from Heath Drive to its intersection with the
new Berckinans Road were given notice; and
In WHEREAS, the results of the Public Hearing were reported to the Board of
Commissioners and considered thereby; and
WHEREAS, the Commission, at their meeting held December 16, 2014,
approved the
UI
proposed abandonment, pursuant to O.C.G.A. § 32-7-2 and the requirements of said statute
having been met;
NOW THEREFORE,be it resolved by the Commission and it is hereby resolved by the
authority of same as follows:
1. It is hereby determined that all requirements of O.C.G.A. § 32-7-2 have been met for the
abandonment and removal of the above-said the Right-of-Way and such Right-of-Way no
longer serves and/or shall no longer serve a substantial public purpose or that its/their
removal from the county road system is otherwise in the best public interest and is hereby
abandoned as part of the Richmond County Road System,to be effective immediately as
to each of the above stated roads, except as to said portion of Berck mans Road, which
shall become effective upon the construction and acceptance of the new Berckmans Road
into the Road System of Augusta, Georgia.
2. The land formerly comprising the Right-of-Way shall be quitclaimed as permitted by law
to the adjoining property owner, subject to easements and restrictions deemed necessary
by the Augusta Engineering Department and the Augusta Utilities Department, and the
Mayor and Clerk of Commission are hereby authorized to execute the documents
necessary to effectuate such transfer as directed by the Augusta Law Department
3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County
Commission, accompanied by the exhibits referred to herein;
4. This Resolution shall become effective immediately upon its adoption.
Book 01 . ,:1739 A st_ Richmond -ounty
i 60 5' 3 44/28/21 - - •:41:27.00
I
14
10
DULY OPTED by the Augusta-Richmond County, Georgia Commission this 46
day of
i
,2014.
st
11) AUGUSTA.-RICHMOND,COUNTY,
in
GEORGIA COMMISSION
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ig
By: C4-=� C-___-
David S. Co
" As its May �� a,�
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Book 01524:1740 Aug -Richmond County
2016015573 J28 ,� 1.27.00
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CALLED MEETING
*'1 COMMISSION CHAMBER
February 23,2015
Augusta Richmond County Commission convened at 12:00 Noon,Monday,February 23
,l. 2015,the Honorable Hardie Davis,Jr.,Mayor,presiding. '
1{�
PRESENT: Hons. Lockett, Guilfoyle, Sias, Harris, M. Williams,Fennoy, D. Williams,
Hasan,Davis and Smith,members of Augusta Richmond County Commission.
a Mr.Mayor: I hereby call this meeting to order.
1. LEGAL MEETING
A. Pending and potential litigation
B. Real estate
C. Personnel
Mr.MacKenzie: I would entertain a motion to go into a closed legal meeting to
discuss pending and potential litigation,real estate and personneL
Mr.Fennoy: So move.
Mr.Hasan: Second.
Mr.Sias votes No.
Motion carries 9-1.
Mr.Mayor: Let me share with the general public that while they're voting on that,we're
going to recess back to legal meeting but we'll come right back out. We won't keep you waiting
all day.Promise you that. We'll be right back out.
[LEGAL MEETING]
Mr.Mayor: We're going to resume our meeting.
2. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia's Open Meeting Act.
Mr.MacKenzie: I would entertain a motion to execute the closed meeting affidavit.
Mr.Sias: So move.
Mr.Lockett: Second.
•
Motion carries 10-0.
Mr.Mayor: Thank you,Madam Clerk.
1
Boo 01524:1 1 u RiC and Cou
2013 0 8/2016 . :27.00
Mr. MacKenzie: I would entertain a motion to lease the premises known as
4-4Augusta Canal National Heritage Area at Lake Olmstead to Augusta Canal Authority to
execute the lease in accordance with the Augusta,Georgia Code.
Mr.Sias: So move.
Mr.Lockett: Second.
m0 Mr.Fenny: For what period of time?
re
Mr. MacKenzie: This would be for a period of 25 years.
w
Mr.Fennoy: Okay.
Motion carries 10-0.
Mr. MacKenzie: I would entertain a motion to approve an agreement for the
exchange of property with Augusta National, Inc. and approve the form and execution of
the agreement for advance of construction payments upon the selection of a contractor for
the Berckman Road project and to authorize the Mayor to accept a deed from Berckmans
Residential LLC for the right-cif-way and for the Berckman Road project.
Mr.Smith:, So move.
Mr. Harris: Second.
Motion carries 10-0.
Mr. Mayor: Okay, Madan Clerk, Attorney MacKenzie, we've got one more item and
that is the pension item that is before us.
Mr. MacKenzie: Does anybody have what the item actually is? I don't have that note in
front of me.
The Clerk: Yes. Item 3. Of the amendments to provide that a participant in this
plan who initially was employed by Augusta, Georgia on November 1, 2006 as Chief
Appraiser of Richmond County, Calvin C. Hicks, Jr. shall receive ten years of credited
service under the plan in addition to actual credited service with Augusta for the purposes
of satisfying minimum requirements under the plan for vesting, satisfying minimum
requirements under the plan for benefit eligibility and computing any retirement,disability
and/or death benefits under the plan pursuant to his employment agreement with the
Richmond County Board of Assessors.
Mr.Lockett: Move to approve.
Mr. Sias: Second.
2
v Book 01524:1742 August- - chmond County
In 2016.15 • ' :120 . .: 1:27.00
4c o Mr.Mayor: We've got a motion and second. Voting.
' .1 Q Na Motion carries 10-0.
'c 411 or: All right Mr. Mayor: t. To the
ri B general public thank you for waiting on us. Committee
..rg meetings. We're good.
°5 Ce.41°'in
5 [MEETING ADJOURNED]
'Cv no LP M
Lena J.Bonner
Clerk of Commission
CER1'll 1CATION:
I, Lena I. Bonner,Clerk of Commission,hereby certify that that above is a true and correct copy
of the minutes of the Called Meeting of the Augusta Richmond County Commission held on
Febru23,2015.
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