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HomeMy WebLinkAboutMEMORANDUM OF UNDERSTANDING BETWEEN CITY OF AUGUSTA, GEORGIA AND CITY OF HEPHZIBAH, GEORGIA FOR ACQUISITION OF .53 ACRES OF LAND AT 5115 HENDERSON ROAD Memorandum of Understanding This Agreement(MOU) is made and entered into this March 13th 2018,by and between the City of Hephzibah, Georgia("Hephzibah")and the consolidated government of Augusta, Georgia ("Augusta")to acquire the land necessary to complete the traffic circle project at the proposed location at the intersection of Storymill Rd. and Fulcher Rd. in the County of Richmond, State of Georgia. WHEREAS,Hephzibah and Augusta desire to enter into an agreement in which Hephzibah and Augusta will work together to complete the purchase and sale of.53 acres of land belonging to Charles R. Lowe more completely described the Plat attached hereto as Exhibit A to this MOU. Background and Purpose WHEREAS,the Georgia School for Innovation and the Classics(GSIC)is a public charter school that opened on September 8,2015. GSIC is located at 5073 Storey Mill Road in Hephzibah, Georgia at the intersection of Storey Mill and Fulcher Roads. The increased traffic at the intersection of Fulcher Rd, Story Mill Rd and Henderson Rd lead to safety concerns and the passing of a resolution to improve the intersection with a roundabout. The expressed public purpose of this being to make this intersection more safe and efficient. The City of Hephzibah owns the land at three of the corners of the intersection needed to complete this project.Mr.Charles Lowe owns the last portion of land needed. Mr. Lowes 36.86 acre parcel is located outside of the City of Hephzibah city limits but within Richmond County and thus is under the Jurisdiction of the Augusta Commission. The City of Hephzibah has negotiated the sale of the .53 quarter acre land and the parties have agreed to a sale price of$5,000.00 dollars. Mr. Lowe's land currently receives a tax benefit for being part of a soil conservation covenant. The City of Hephzibah requests the assistance of the City of Augusta in acquiring the aforementioned property to avoid a breach of the conservation covenant. Purpose WHEREAS, The Purpose of this MOU is to provide the framework for the purchase of the .53 acres of land owned by Charles R. Lowe,more completely described in the attached Plat. WHEREAS,the land required lies outside of the jurisdiction of condemnation of the City of Hephzibah and Augusta, Georgia is the party with the power and jurisdiction to purchase the property without penalty to the seller. NOW,THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: Obligations of the Parties: The above goals will be accomplished by undertaking the following activities: Augusta agrees to purchase the .53 acre portion of land owned by Charles R. Lowe,more completely described in the Plat attached hereto for$5,000.00. Augusta agrees to sell the same portion of land to the City of Hephzibah in Fee simple for the consideration of$5,000.00. Hephzibah hereby agrees to hold faultless,harmless and to indemnify Augusta for any acts, loss, and financial obligations associated with the process of the purchase of the .53 acre portion of land owned by Charles R. Lowe,more completely described in the attached Appraisal. Hephzibah agrees to promptly pay upon submission all fees and costs incurred by Augusta in the effort to complete the purchase of the portion of land owned by Charles R. Lowe more completely described in the attached Plat and all fees and costs incurred by Augusta in selling such property to Hephzibah. Duration This MOU is at-will and may be modified by mutual consent of Hephzibah and Augusta. This MOU shall become effective upon signature by the authorized officials from Hephzibah and Augusta and will remain in effect until modified or terminated by the parties by mutual consent. In the absence of mutual agreement by the authorized officials,this MOU shall end upon the taking and transfer of subject property to Hephzibah and the fulfillment of all financial obligations hereunder. IN WITNESS WHEREOF, Augusta and Hephzibah have caused this Agreement to be executed in their respective names and their respective seals to be hereunto affixed by their duly authorized representatives, all as of the date first above written. AUGUSTA, GEORGIA AAskHardie Davis,Jr. As its Mayor 3/24/11g „e*,46%,‘"Lvot it 40**".V01/1 MOtt1,04141IS C rk of Coritil.:s* a- o % 1 $ ‘, c °St. 3-0 ES -.441.••••• 4414Ck,EORGt -leavainea.vir- HEP ZIBAH, GEORGIA he Hono le Robert Buch z, As its Mayor Clerk Witness Seal: