COMMUNITY DEVELOPMENT DEPARTMENT. Phone: Fax:

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1 COMMUNITY DEVELOPMENT DEPARTMENT Reynolds Street, Second Floor, Brunswick, GA MEMO A Golden Past. A Shining Future. TO: FROM: Subject: Board of Commissioners David Hainley, Community Development Director Release and Termination of Easement Rights for Drainage Easement BOARD OF COMMISSIONERS Mike Browning District 1 Dale Provenzano District 2 Richard Strickland District 3 Mary Hunt District 4 Allen Booker District 5 Clyde Taylor At-Large, Post 1 Bob Coleman At-Large, Post 2 Date: January 7, 2013 BACKGROUND: This is a request to approve a Release and Termination of Easement Rights for the 2006 easement on the Waffle House property. Quitclaim deed to Waffle House Inc. for a drainage easement that appears on a plat but which was never deeded to or accepted by the County on property located at 5028 New Jesup Highway. Parcel # In December the County accepted the drainage easement that was wanted between the two commercial properties. Together the two easements provide a standard width drainage easement. (The Release and Termination of Easement Rights document is attached to this memo) ALTERNATIVES: 1. Approve the Release and Termination of Easement Rights document to Waffle House Inc. 2. Do not approve the Release and Termination of Easement Rights document to Waffle House Inc. 3. Defer approving the Release and Termination of Easement Rights document to Waffle House Inc. RECOMMENDATION: Staff recommends Alternative 1 to approve a Release and Termination of Easement Rights Quitclaim document regarding the drainage easement to be granted to Waffle House Inc. subject to the County Attorney approving the Quitclaim document language. RECOMMENDED MOTION: I move to approve a Release and Termination of Easement Rights document for a 2006 drainage easement be granted to Waffle House Inc. subject to the County Attorney approving the Quitclaim deed language for a drainage easement located at 5028 New Jesup Highway, Parcel # subject to the County Attorney approving the Quitclaim document language. Phone: Fax:

2 When Recorded, Return To: Waffle House, Inc. Attn: Property Management 5986 Financial Drive Norcross, GA STATE OF GEORGIA COUNTY OF GLYNN RELEASE AND TERMINATION OF EASEMENT RIGHTS THIS RELEASE AND TERMINATION OF EASEMENT RIGHTS (this Release ) is entered into as of the day of, 2013, by and between GLYNN COUNTY, GEORGIA, a political subdivision of the State of Georgia, hereinafter called the County, and WAFFLE HOUSE, INC., a Georgia Corporation, hereinafter referred to as Waffle House. RECITALS WHEREAS, Waffle House is the fee simple owner of that certain real property that was conveyed to Waffle House by deed dated December 28, 2012, from the Four County Bank, and recorded in Deed Book 3096, Page 243, in the Office of the Clerk of Superior Court, Glynn County, Georgia, said property being more particularly described on Exhibit A attached hereto and incorporated herein by reference (the Waffle House Property ); WHEREAS, County has or may have certain easement rights for drainage and related uses over, upon and across a portion of the Waffle House Property and adjacent property now or formerly owned by Real White Jack Rabbit LLC, as depicted on that certain Plat entitled Expedited Subdivision of Lots 21, 22A, & 22B Section C, Glyndale Subdivision Acres, prepared by Atlantic Survey Professionals, Ernest C. Johns, Jr. (GA RS #2774), for Patrick Sapp, dated October 26, 2006, and recorded in Plat Cabinet 2, Page 246, in the Office of the Clerk of Superior Court, Glynn County, Georgia, and being more particularly described upon said plat as a twenty-five foot (25 ) drainage easement located over, upon, and across a portion of Tract A and Tract B (the 2006 Drainage Easement ). Said described plat is shown for reference on Exhibit B attached hereto and made a part hereof by reference; WHEREAS, the 2006 Drainage Easement currently encumbers a portion of the Waffle House Property; and WHEREAS, the County desires to release, relinquish and terminate any and all rights that it has or may have under the portion of the 2006 Drainage Easement that is located over, upon, and across the Waffle House Property; NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. The recitals set forth above are hereby incorporated into this Release. 2. The County does hereby forever release, relinquish and terminate any and all rights that it has or may have under the portion of the 2006 Drainage Easement that is located over, upon, and across the Waffle House Property. Waffle House does hereby accept and consent to such release,

3 relinquishment and termination by County, and both parties hereby agree that any and all rights of the County in the portion of the 2006 Drainage Easement located over, upon, and across the Waffle House Property are terminated and shall be of no further force or effect. 3. This Release shall not release, relinquish, or terminate the easement and/or easement rights that County has under that certain Drainage Easement received from Waffle House dated December 26, 2012, and recorded in Deed Book 3096, Page 244, in the Office of the Clerk of Superior Court, Glynn County, Georgia (the 2012 Drainage Easement ). Both County and Waffle House agree: 1) that the 2012 Drainage Easement shall remain in full force and effect; and 2) that this Release shall have no effect on the 2012 Drainage Easement and/or the easement rights for drainage and related uses over, upon, and across a portion of the Waffle House Property that were granted by the 2012 Drainage Easement to County by Waffle House. IN WITNESS WHEREOF, the parties hereto have set their respective hands, affixed their individual seals and delivered these presents as of the date first set forth above. GLYNN COUNTY, GEORGIA:, Chairman MARY HUNT ATTEST: Signed, sealed and delivered in the presence of: UNOFFICIAL WITNESS NOTARY PUBLIC My Commission Expires: Title:, Clerk CINDEE OVERSTREET (SEAL) WAFFLE HOUSE, INC. Vice President ATTEST: Signed, sealed and delivered in the presence of: UNOFFICIAL WITNESS NOTARY PUBLIC My Commission Expires: Title: Secretary (SEAL) 2

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5 Deed Book 3096 Page 215, Filed and Recorded 01/03/2013 at 10:14:42 AM CFN # Real Estate Transfer Tax $ Lola Jamsky Clerk of Superior Court Glynn County, GA After recording please return to: Richard L. Voigt, Esq. Waffle House, Inc Financial Drive Norcross, GA Tax Parcel No.: STATE OF GEORGIA COUNTY OF GLYNN GENERAL WARRANTY DEED, THIS GENERAL WARRANTY DEED (this "Deed") is made and delivered this AI day of IgatAtt, by The Four County Bank, a Georgia bank (hereinafter, "Grantor"), to Waffle House, Inc., a Georgia corporation (hereinafter, "Grantee"); (the words "Grantor" and "Grantee" to include their respective heirs, legal representatives, successors, and assigns where the context requires or permits, whether voluntary by act of the parties, or involuntary by operation of law); WITNESSETH: GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration in hand paid at and before the sealing and delivery of these presents, the receipt and sufficiency whereof are hereby acknowledged, has granted, bargained, sold, aliened, conveyed, and confirmed, and by these presents does grant, bargain, sell, alien, convey, and confirm unto the said Grantee, all that tract or parcel of land lying and being in Paulding County, Georgia, being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference (the "Property"). TOGETHER WITH all rights, members, easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, and appurtenances in any way belonging, relating, or appertaining to the Property. TO HAVE AND TO HOLD the Property, with all and singular the rights, members, and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only 1 EXHIBIT "A"

6 Deed Book 3096 Page 216 proper use, benefit, and behoof of the said Grantee, its successors and assigns, forever in fee simple, subject to the terms and restrictions set forth herein. AND THE SAID Grantor will warrant and forever defend the right and title to the Property unto the said Grantee against the claims of all persons whomsoever. Restriction. Grantor herein warrants and covenants that for a period of 50 years subsequent to the date of this deed or for the maximum restrictable time under state law as of the date of this deed, Grantor will not buy, sell, lease or otherwise make available any land either now controlled by Grantor or which becomes subject to Grantor's control subsequent to the date of this deed, within one city block or 1,000 lineal feet, whichever is greater, of the Property (other than the Property) for use for any restaurant or foodservice purposes which purposes shall include, without limitation, any fast food, sit-down, carry-out or drive-through restaurant, café, diner, buffet, or self-service food counter and/or the service or provision of food for consumption on or off such property which has been prepared, assembled, packaged or cooked on such property, and in any such case whether or not the same is the primary or subordinate use of such property. This covenant shall be binding upon Grantor, its successors, assigns, or beneficiaries. Grantor does further agree that it will not convey any parcel of land within the restricted area except by lease or deed containing restrictive covenants equivalent to the above, which fully protect Grantor's interest herein. Any subsequent purchaser or lessee of the land subject to the restrictions set forth herein does hereby agree to be bound by these same provisions and agrees that the foregoing covenant is attached to and runs with such land. IN WITNESS WHEREOF, Grantor has signed and sealed this Deed as of the day, month, and year first above written. Signed,Aaled, an delivered this Q day of Q,&cays,,,l,a4Ift, 20 la, in the presence of: biatuot TAtAIL-V d Unofficial ess S et 5 t croz\-qc-e Notary Public -iv The Four County Bank Name: V" /14 Title: IC.Le own % SAY 110 C: : - s " if.7 7 My Commission Expires: [NOTARY SEAL] Apire 5 a 1:1a! 2, /gg e My may 2,

7 Deed Book 3096 Page 217 Exhibit A ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING TRACT A OF THE SURVEY OF A BOUNDARY AND TOPOGRAPHIC SURVEY OF LOTS 17, 18, 19, 20, 21, & 22, SECTION C, GLYNDALE SUBDIVISION, LYING IN THE 1356TH G.M.D., GLYNN COUNTY, GEORGIA (ACCORDING TO PLAT RECORDED IN P.0 2, MAP 222 OF THE PUBLIC RECORDS OF SAID COUNTY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE POINT WHERE THB MITERED PORTION OF THE NORTHWESTERLY RIGHT-OF-WAY LINE OF GLYNDALE DRIVE (A 60-FOOT RIGHT-OF-WAY BY RC 2, PLAT 222) INTERSECTS A NORTHEASTERLY RIGHT-OF-WAY-LINE OF NEW JESUP HIGHWAY (AKA U.S. HIGHWAY 341 AND STATE ROUTE 27 - A 200-FOOT RIGHT-OF-WAY BY DOT PRO'. NH-008-1(51)) AND FROM SAID POINT RUN NORTH 40* " WEST ALONG LAST MENTIONED NORTHEASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE WESTERNMOST CORNER OF LANDS NOW OR FORMERLY OF CHARLES P. SAPP, et. al. (ACCORDING TO DEED RECORDED IN D.B. 1882, PG. 384 OF THE PUBLIC RECORDS OF SAID COUNTY), SAID POINT BEING THE SOUTHERNMOST CORNER OF THE AFOREMENTIONED TRACT "A" AND THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING THUS DESCRIBED CONTINUE NORTH 40-36'-ST' WEST ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE AFOREMENTIONED NEW JESUP HIGHWAY, A DISTANCE OF FEET TO THE SOUTHERNMOST CORNER OF LANDS NOW OR FORMERLY OF INMAN AND MARY SUE HODGES (ACCORDING TO DEED RECORDED IN D.B. 220, PG. 840 OF THE PUBLIC RECORDS OF SAID COUNTY), SAID POINT BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED TRACT "A"; RUN THENCE NORTH 69%36'44" EAST, ALONG THE NORTHERLY LINE OF LAST MENTIONED LANDS, THE SAME BEING THE SOUTHERLY LINE OF THE AFOREMENTIONED LANDS OF INMAN AND MARY SUE HODGES, A DISTANCE OF TO A POINT; RUN THENCE NORTH 69* " EAST, CONTINUING ALONG LAST MENTIONED SOUTHERLY LINE, THE SAME BEING THE NORTHERLY LINE OF THE AFOREMENTIONED TRACT "A", A DISTANCE OF FEET TO THE NORTHEAST CORNER THEREOF; RUN THENCE SOUTH " EAST ALONG THE EASTERLY LINE OF LAST MENTIONED LANDS, THE SAME BEING A WESTERLY LINE OF THE AFOREMENTIONED LANDS OF CHARLES P. SAPP, A DISTANCE OF 44,44 FEET TO A POINT; RUN THENCE SOUTH 31t017-08" WEST ALONG A NORTHWESTERLY LINE OF LAST MENTIONED LANDS, THE SAME BEING THE SOUTHEASTERLY LINE OF THE AFOREMENTIONED TRACT "A", A DISTANCE OF FEET TO A POINT; RUN THENCE SOUTH 54-53J-52" WEST ALONG A SOUTHEASTERLY LINE OF LAST MENTIONED LANDS, THE SAME BEING A NORTHWESTERLY LINE OF THE AFOREMENTIONED LANDS OF CHARLES P. SAPP, A DISTANCE OF FEET TO THE POINT OF BEGINNING. This being the same property known as "Tract A of a Boundary and Topographic Survey of Lots 17, 18, 19, 20, 21 & 22, Section C, Glyndale Subdivision, 1356th G.M.D., Glynn County, Georgia" prepared by Phillip Jackson, G.R.L.S. No. 2804, dated December 19, 2012, and recorded inbook 32,, Page 2,08-, 14.7 Glynn County, Georgia records Exhibit A

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BILL NO (Emergency Measure) ORDINANCE NO. 5072

BILL NO (Emergency Measure) ORDINANCE NO. 5072 BILL NO. 5210 (Emergency Measure) ORDINANCE NO. 5072 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE WITH MICHELSON-HADLEY HEIGHTS DEVELOPMENT, LLC, A CONTRACT AND QUIT CLAIM DEED CONVEYING CERTAIN PROPERTIES