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HomeMy Public PortalAboutQuitClaim Deed and Boundary Line AgreementPrepared by: ABOVE SPACE FOR RECORDING INFORMATION ONLY HunterMaclean ATTN: Joshua Yellin 200 East Saint Julian Street Savannah, GA 31401 Cross Reference: Deed Book 300W, Page 442 BOUNDARY LINE AGREEMENT THIS BOUNDARY LINE AGREEMENT is made and entered into as of the a day of April, 2019, by and between KIMBERLY HOFF HOWARD and STEVE LEE HOWARD (hereinafter referred to as "Party of the First Part") and THE CITY OF TYBEE ISLAND, a municipal corporation of the State of Georgia (hereinafter referred to as the "Party of the Second Part"). WITNESSETH WHEREAS, the Party of the First Part is the disputed owner of that certain real property known as Lot A and Lot G on a plat identified as "A Plat of a Portion (5425 sq.ft.) of the Old Central of Georgia Railway Right of Way East of and Adjacent to Lot A, in a Subdivision of Lot 7, and Lot G, in a Subdivision of Lot 8, Fort Ward, Tybee Island Georgia" prepared by Wright C. Powers for Savannah Bank Trustees recorded in Subdivision Map Book 6-P, 144, in the Office of the Clerk of Superior Court of Chatham County, Georgia. Said property with improvements thereon known as 1 Moore Avenue, Tybee Island, Georgia 31328, based upon the current system of numbering in Chatham County, Georgia, and bears property identification number 4-0022-02-011; WHEREAS, Party of the Second Part is the disputed owner of certain real property being known as a portion of an abandoned railroad right-of-way of the Old Central of Georgia Railway Right of Way, Tybee Island, Georgia which is located to the north of the property of the Party of the First Part; WHEREAS, said properties are more particularly described on the plat attached hereto as Exhibit "A"; and WHEREAS, the parties desire to clarify and confirm the boundary line between their respective properties in order to resolve any dispute regarding such boundaries. NOW THEREFORE, for and in consideration of the foregoing and of the mutual covenants and agreements herein made, the parties do agree as follows: vl 1. The Party of the Second Part hereby demises, conveys, and quitclaims to the Party of the First Part all of its right, title and interest, if any, in and to the property as shown on Exhibit A as Parcel "B" and as described herein and Party of the Second Part agrees that neither it nor any other person or persons claiming under it shall at any time, by any means or way, have, claim or demand any right or title to the said described Property of the Party of the First Part or any appurtenances thereto and rights thereto. 2. The Party of the First Part hereby demises, conveys, and quitclaims to the Party of the Second Part all of its right, title and interest, if any, in and to the property as shown and described on Exhibit A as Parcel "A" and as described herein and the Party of the First Part agrees that neither it nor any other person or persons claiming under it shall at any time, by any means or way, have, claim or demand any right or title to the said described Property of the Party of the Second Part or any appurtenances thereto and rights thereto. 3. The sole purpose and intent of these conveyances is to confirm the common boundary line between the Party of the First Part and the Party of the Second Part, all of which is more particularly shown on that certain plat attached hereto and by reference made a part hereof. 4. MISCELLANEOUS. (a) This agreement shall be construed and interpreted under and governed by the laws of the State of Georgia. (b) This is the sole and entire agreement of the parties hereto with respect to the subject matter hereof, and there are no other agreements, promises, or undertakings, oral or otherwise, between the parties hereto with respect to the subject matter hereof which are not set forth herein. (c) This agreement shall not be modified or amended except by an instrument in writing signed by or on behalf of the parties hereto and recorded in the county records where this agreement is also recorded. (d) This agreement shall be binding upon and enforceable against and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. [SIGNATURES ON FOLLOWING PAGE] v IN WITNESS WHEREOF, the parties hereto have executed and sealed this agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: Unofficial Witness Notary P blic My Commi sion Expires: 9 L/?�/q [NOTARIAL SEAL] Signed, sealed and delivered in the pr,, ence of: Unofficial Witness Notary P blic My Com isst Expires: 4-V%, q vl [NOTARIAL SEAL] PARTY OF THE FIRST PART: KIMBERLY HOFF HOWARD EVAN YANK Notay! Pubes Buncombe Co., Kriii .stir omission avim Wt. 2. STEVE LEE HOWARD EVAN V; Not -my Rafe Buncombe C:e„ ` §rih e % My Commission I zit 5 4, 9; ?O1 IN WITNESS WHEREOF, the parties hereto have executed and sealed this agreement as of the day and year first above written. Signed, sealed [d delivered in sen the presence a kali/ : Unofficial Witness Notary Public My Commission Expires: d 24 121 2452o, [NOTARIAL SEAL] Signed, sealed and delivered in the presence of: PARTY OF THE FIRST PART: KIMBERLY HOFF HOWARD ZARINA All �'- Notory Public, State of Texas F Comm. Expires 02-12-2020 Notary ID 130537336 Unofficial Witness Notary Public My Commission Expires: [NOTARIAL SEAL] 4845-5709-5051 vi STEVE LEE HOWARD [SIGNATURES CONTINUED FROM PREVIOUS PAGE] Signed, sealed and delivered in the presence of: Unofficial Witness -9 tary Public 4-71 PARTY OF THE SECOND PART: THE CITY OF TYBEE ISLAND By: Its:Yvt AFTER RECORDING RETURN TO: Cross -Reference to: 300W, Page 442 Hunter, Maclean, Exley & Dunn, P.C. 200 E. St. Julian Street, P.O. Box 9848 Savannah, GA 31401 Attn.: Joshua Yellin STATE OF GEORGIA COUNTY OF CHATHAM QUITCLAIM DEED THIS INDENTURE is made and entered into this / / day of April, 2019, by and between KIMBERLY HOFF HOWARD and STEVE LEE HOWARD (collectively "Grantor") and THE CITY OF TYBEE ISLAND, a municipal corporation of the State of Georgia ("Grantee") to include their respective successors, legal representatives and assigns where the context requires or permits. WITNESSETH: For and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration delivered to Grantor by Grantee at and before the execution, sealing and delivery hereof, the receipt and sufficiency of which are hereby acknowledged, Grantor has and hereby does convey and forever quitclaim unto Grantee its interest in and to that certain that tract or parcel of land shown as Parcel A, lying and being in Chatham County, Georgia, as more particularly shown on Exhibit A and described on Exhibit B attached hereto and made a part hereof. To have and to hold the said described premises unto the Grantee, so that neither the said Grantor, nor any other person or persons claiming under Grantor, shall at any time claim or demand any right, title or interest to the aforesaid described premises or its appurtenance. 4841-1975-9506 vl IN WITNESS WHEREOF, the Grantor has caused this Quitclaim Deed to be duly executed as of the day and year first above written. Signed, sealed and delivered this Yday of April, 2019 in the presence of: /42761/ Unofficial Witness Notary My Co lic ssion Expires: 572.-3/4-0/ e� (AFFIX NOTARIAL SEAL) EVAN VANIK Notary Public Buncombe Co., North Carolina My Commission Expires Sept. 24, 2019 4841-1975-9506 vl GRANTOR: By: Name: Kimberly Hoff oward By: Name: Steve Lee Howard AFTER RECORDING RETURN TO: Cross -Reference to: 300W, Page 442 Hunter, Maclean, Exley & Dunn, P.C. 200 E. St. Julian Street, P.O. Box 9848 Savannah, GA 31401 Attn.: Joshua Yellin STATE OF GEORGIA COUNTY OF CHATHAM QUITCLAIM DEED THIS INDENTURE is made and entered into this // day of April, 2019, by and between THE CITY OF TYBEE ISLAND, a municipal corporation of the State of Georgia ('Grantor") and KIMBERLY HOFF HOWARD and STEVE LEE HOWARD ( collectively "Grantee") to include their respective successors, legal representatives and assigns where the context requires or permits. WITNESSETH: For and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration delivered to Grantor by Grantee at and before the execution, sealing and delivery hereof, the receipt and sufficiency of which are hereby acknowledged, Grantor has and hereby does convey and forever quitclaim unto Grantee its interest in and to that certain that tract or parcel of land shown as Parcel B, lying and being in Chatham County, Georgia, as more particularly shown on Exhibit A and described on Exhibit B attached hereto and made a part hereof. To have and to hold the said described premises unto the Grantee, so that neither the said Grantor, nor any other person or persons claiming under Grantor, shall at any time claim or demand any right, title or interest to the aforesaid described premises or its appurtenance. 4816-4918-3378 v IN WITNESS WHEREOF, the Grantor has caused this Quitclaim Deed to be duly executed as of the day and year first above written. Signed, sealed and delivered this / 1 day of April, 2019 in the presence of: Unofficial Witness otary Public y Commission Expires: /o —, S (AFFIX NOTARIAL SEAL) `aa,unu,,,,,I Q?N� A`Q`y: ini _ _RY :ta xi 13\ : PUBLIC : : 4816-4918-3378 vl GRANTOR: THE CITY OF TYBEE ISLAND By:5;11tb7-- 144/ Its: Attest: