Board of Commissioners Request for Land Acquisition Transmittal Form Project Name: Honey Creek and Scott Creek Pump Stations and Force Mains - Hicks Property Limited Warranty Deed of Gift Submission Information Purpose and Summary of Request Contact Name: Kimbry Peek, Sr. Rockdale County will be installing a sewer force main as part Department: Water Resources of the Honey Creek and Scott Creek Pump Stations and Force Main projects. Rockdale County approached the Property Location: Land Lot 113 and 144 of the 11th property owner about a sewer easement for the force main. Instead District, Rockdale County Ga of a utility easement agreement, the landowners, Emory Acreage: 16.7-acre tract Turner Hicks III and Peggy Jean Hicks, have agreed to a Funding Source: NA "Limited Warranty Deed of Gift" to Rockdale County, as outlined in Exhibit A/B of the enclosed deed agreement. This project is essential for increasing system capacity and enhancing reliability. Department Director/Blected Official Signature ChiefofStaffs Signature Ihave reviewed the attached, and iti is approved as to substance. Ihave reviewed the attached, and it is approved for processing. 4-16-75 Signature: Date: Signature: Date: County Attorney Signature Director ofl Legislative Affairs/County Clerk Signature Ihave reviewed the attached, and it is approved as to form. Ihave reviewed the attached, andi iti is approved for processing. Signature: Date: Signature: Date: Director-ofFinance: Signature Ihave reviewed the attached, and it is approved as to form. Ihave reviewed the attached, and it is approved for processing. Signature: Date: Signature: Date: 1 Dor2ae After recording, please return to: Strickland & Strickland, LLP P.0. Box 70 Covington, GA 30015-0070 MAP/PARCEL: 0310010006 Space Above This Line for Recorder's Use STATE OF GEORGIA COUNTY OF ROCKDALE LIMITED WARRANTY DEED OF GIFT THIS INDENTURE is made this 7th day of April, 2025, by and among EMORY TURNER HICKS, III and PEGGY JEAN HICKS, (hereinafter collectively referred to as "Grantor"), and ROCKDALE COUNTY, GEORGIA, a political subdivision of the State of Georgia, (hereinafter "Grantee"). The words "Grantor" and "Grantee" include the neuter, masculine and feminine genders, and the singular and the plural, and their respective heirs, successors and assigns where the context hereof requires or permits. WITNESSETIL FOR AND IN CONSIDERATION of the sum of a Deed of Gift, and other good and valuable consideration, Grantor has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto Grantee, and the heirs, successors, legal representatives and assigns of Grantee, all that tract or tracts or parcel or parcels of land as more particularly described on Exhibits "A" and "B", said parcel being less and except that property conveyed in Warranty Deed from Ray Jones, Inc. to City of Conyers, dated 06/04/1974, recorded on 06/11/1974 in Deed Book 140, Page 169, of The Rockdale County Georgia records, attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD said tracts or parcels of land, together with any and all ofthe rights, members and appurtenances thereof to the same being, belonging or in anywise appertaining to the only proper use, benefit and behoof of Grantee forever, in fee simple; and GRANTOR SHALL WARRANT and forever defend the right and title to said tract or parcel of land unto Grantee, and the heirs, successors, legal representatives and assigns of Grantee, against the lawful claims of all persons claiming by, through or under the party of the first part, but not otherwise. IN WITNESS WHEREOF, Grantor has duly executed and sealed this indenture, and delivered this indenture to Grantee, all the day and year first written above. GRANTOR(S): Signed, sealed and delivered in thej presence of: Dondaa o, N 7 Hkn Unofficial Witness Emory Turner Hicks, II canL 2k Notary Puble 64 BR Ahele My Commission Expires: 436-2025 Peggydean Hicks (NOTARIAL SEAL) O. 1 A Ve XP OUN 3 : I NT Exhibit "A" LEGAL DESCRIPTION ALL THAT TRACT or parcel of land lying and being in land lots 113 & 144 of the 11th district in Rockdale County, Georgia and being more particularly described as follows: COMMENCING at a Rock Found, located at the land lot corner between land lots 113,114,143 & 144, thence North 00 degrees 18 minutes 26 seconds East for a distance of 711.50 feet to a point on the land lot line between land lots 143 & 144 and the center line of a Creek this being the true point of peginning. THENCE North 00 degrees 18 minutes 26 seconds East for a distance of 263.00' feet to a point; THENCE South 66 degrees 13 minutes 44 seconds East for a distance of 1177.65' feet to a point; THENCE South 14 degrees 31 minutes 38 seconds East for a distance of 526.96' feet to a point; THENCE South 63 degrees 05 minutes 07 seconds East for a distance of 286.81' feet to a point; THENCE North 75 degrees 28 minutes 28 seconds East for a distance of 354.46' feet to a point; THENCE South 57 degrees 59 minutes 00 seconds East for a distance of 645.25' feet to a point on the north right-of-way of Troupe Smith Road (80'r/w); THENCE along said right-of-way a curve to the left having a radius of 1833.74'feet and an arc length of 300.25' feet, being subtended by a chord of South 49 degrees 41 minutes 33 seconds West for a distance of 299.92' feet to a point on the north right-of-way of Troupe Smith Road and the center line of Creek; THENCE in a northwest direction along the center line of Creek for a distance of 2,760 feet +_ with a tie line of North 58 degrees 36 minutes 33 seconds West for a distance of 2493.57' feet toi a point at the true point of beginning. Said property contains 16.7 acres. LESS & EXCEPT: The 3.0 acres tract that is already owned by Rockdale County. % 2 / So d 3 & e3 So 6 $ A 3 a 4 C/ 2 a a A Z EDE 62 ( G 3 S @ 32696 - AV3E C a N 9 5 4 d a S $ / B d 3 5y / A c 3NIT, 101 ONT "XOHddV ,00'992 3,92,81.00 N 0912 3.92.91.00 N 3 MAG. NORTH AFFIDAVIT OF PROPERTY OWNER(S) STATE OF GEORGIA COUNTY OF NEWTON Personally appeared before me, the undersigned attesting officer, duly authorized by law to administer oaths, the undersigned Seller, (sometimes referred to below as "Property Owner" and "undersigned"), who being first duly sworn, upon oath says, or Buyers/Borrowers, (sometimes referred to below as "Property Owner" and "undersigned",if this is not a sale): That the statements herein are made with respect to the Property Owner and property described below and in connection with the transaction identified as follows: SELLER(S): Emory Turner Hicks, II and Peggy Jean Hicks BUYER(S)/BORROWERS): Rockdale County, GA LENDER: N/A ADDRESS OF PROPERTY: 16.7 acre tract NE/Side HWY 212 Conyers, GA 30013 That Seller/Property Owner is the owner in fee simple of the above-described real property as more particularly described in deed of even date herewith, from said Seller to said Buyer/Borrower, if applicable. That Seller's United States Taxpayer Identification Number(s) is/are: Emory Hicks, III 258-72-0128 Peggy J. Hicks 258-72-1575 That Seller's United States address is/are: Emory Hicks, III 24 Boundary Lane St. Simons Island, GA 31522 Peggy J. Hicks 5377 Hwy. 81 S Covington, GA 30016 It is understood that Seller is required by law to provide the closer of the subject transaction with our correct taxpayer identification number; the Seller has received, this date and time, a copy of Form 1099-S, signed by the undersigned and completed based on information provided to closer by undersigned. If undersigned does not provide same to the closer, undersigned may be subject to civil or criminal penalties imposed by law. That Seller is not a "foreign person" as that term is defined in Section 1445 of the Internal Revenue Code. That the above-described property is the same that was inspected by said Buyer/Borrower and Lender, or agents; that the improvements on said property are within the limits of said described property, that the lines and corners of said property are clearly marked and there are no disputes concerning the locations of said lines and corners, and that there has been no violation of any restrictions that may have been imposed on said land, nor has any interest in same been sold or conveyed, or any change been made in the improvements thereon since said lands were inspected as aforesaid. That Seller/Property Owner is in indisputable possession of the said described lands and knows of no one claiming under any unrecorded deed, or instrument of any nature; or claiming any interest in said lands whatsoever. That there are no suits, judgments, bankruptcies, executions or liens of any kind, pending against Seller/Property Owner in any Court whatsoever that could in any way affect the title to said lands, or constitute a lien thereon, and that the Seller/Property Owner is not surety on any bond that through the default ofthe principal therein a lien would be created against the property, nor are there any loan deeds, trust, deeds, mortgages or liens of any nature whatsoever unsatisfied against said lands, except as shown on Exhibit "A"h hereto. There are no outstanding contracts. either oral or written, for the furnishing of labor, material or services to the property for any improvements thereon. That the agreed price or reasonable value has been paid in full for all material, labor or services, including but not limited to the service of surveyors, architects and engineers, in connection with the construction or repair of, any improvements on the property, or with respect to the land itself, except as set out below, and that there are no fixtures installed on said property or in the improvements thereon that have not been paid for in full, that any personal property included in the sale of the above described property has been paid for in full, and that Seller/Property Owner has received no preliminary notice of lien rights in connection with the aforesaid property. That there is no unpaid assessment of any nature against said property, and that Seller/Property Owner has no knowledge or notice of any plans for imposition of a future assessment; that there is no current attempt or action to take or obtain any portion of the property under proceedings of eminent domain or under threat thereof, and that Seller/Property Owner has no knowledge of, nor notice of any plans for such taking in the future. The personal property, if any, being transferred is not subject to any unpaid personal property tax liens or liens under the Uniform Commercial Code in favor of others. Seller/Property Owner has not entered into any agreements or allowed any agreements to be entered in for or on the Seller/Property Owner's behalf which would create an interest in the property which remains unrecorded as of the date of the delivery oft the instruments in the subject transaction. That all fees due a broker in connection with this transaction. as specified in the Contract for Sale and Purchase or in a Broker's Agreement, signed by Seller, have been paid prior to closing or will be paid out of the proceeds of the closing ofthis transaction. Seller either: (1) is a Georgia resident; or (2) has filed Georgia income tax returns or appropriate extensions have been received for the two income tax years immediately preceding this year; and (a) is in business in Georgia and will continue in substantially the same business in Georgia after the sale ofthe Property; or (b) that Seller has real property remaining in the State of Georgia at the time of the closing of the sale of the Property of equal or greater value than the withholding tax liability which would be assessed against the undersigned pursuant to OCGA Sec. 48-7-128 (GCA Sec. 91A-3929) as measured by the 100% property tax assessment of such remaining property; and (c) Seller will report the sale of the Property on a Georgia income tax return for the current year and file the tax return by its due date; and (d) If Seller is a corporation or limited partnership, it is registered to do business in Georgia, (if applicable); the undersigned understands that this affidavit may be disclosed to the Commissioner of Revenue ofthe State of Georgia. This affidavit is made in accordance with OCGA Sec. 48-7-128 (GCA Sec 91A- 3929) with the understanding that it will be relied upon by Buyer/Borrower ofthe Property. This affidavit is given to the closing agent for delivery to the Buyer/Borrower of the property described above for the purpose of, among other things, establishing and documenting the non-foreign status exemption to the withholding requirement of Section 1445 oft the Internal Revenue Code. Seller/Property Owner, if multiple parties shown here collectively in the singular, hereby jointly and severally agree to indemnify and hold the title insurance company harmless of and from all loss, costs, damage and expense of every kind, including attorneys' fees, which the title insurance company shall sustain or become liable for under its policy now to be issued on account of reliance on the statements made herein, including but not limited to any matters which may be recorded between the effective date of the Commitment for Title Insurance and the time of recording of the insured instruments described in said commitment. Additionally, under penalties of perjury, the undersigned certifies that the. number(s). shown on. this. statement. are the undersigned's: correct taxpayer identification number(s). That Seller/Property Owner is sui juris, has never been adjudicated insane in any court, is over 18 years of age, and Seller/Property Owner has personal knowledge of the foregoing facts, and has full authority to make this affidavit and to execute and deliver deeds, with or without warranty, closing statements, affidavits, and all other documents, necessary or desirable in connection with the transaction identified above, on behalf of any other Property Ownernot: signing below; Seller/Property Owner further says that said property is free and clear of all liens of every character, except as shown on Exhibit "A" hereto, and that the facts of this affidavit may be relied upon for the issuance of title insurance. Sworn to and subscribed before me, this I day ofam-2025. Apil A Notary Publc Emory Turner Hicks, MI NOTARK.SEAL laan Xiekw Peggy Jear/Hicks MM OUI NOTE: The Buyer/Borrower must refain this certification until the end oft the fifth baxable year following the taxable year in which the transfer takes place. The Internal Revenue Service may require this certificate tol be filed with it. This certificate is furnished for the information oft the Buyer/Borrower: and should seck legal adviceast to the effect of same. EXHIBIT A" ALL THAT TRACT or parcel of land lying and being in land lots 113 & 144 of the 11th district in Rockdale County, Georgia and being more particularly deseribed as follows: COMMENCING at a Rock Found, located at the land lot corner between land lots 113,114,143 & 144, thence North 00 degrees 18 minutes 26 seconds East for a distance of 711.50 feet to a point on the land lot line between land lots 143 & 144 and the center line of a Creek this being the true point of beginning. THENCE North 00 degrees 18 minutes 26 seconds East for a distance of263.00' feet to a point; THENCE South 66 degrees 13 minutes 44 seconds East for a distance of1177.65' feet to a point; THENCE South 14 degrees 31 minutes 38 seconds East for a distance of526.96' feet to a point; THENCE South 63 degrees 05 minutes 07 seconds East for a distance of 286.817 feet to a point; THENCE North 75 degrees 28 minutes 28 seconds East for a distance of 354.46' feet to a point; THENCE South 57 degrees 59 minutes 00 seconds East for a distance of 645.25' feet to a point on the north right-of-way of Troupe Smith Road (80'r/w); THENCE along said right-of-way a curve to the left having a radius of 1833.74'feet and an are length of 300.25' feet, being subtended by a chord of South 49 degrees 41 minutes 33 seconds West for a distance of 299.92' feet to a point on the north right-of-way of Troupe Smith Road and the center line of Creek; THENCE in a northwest direction along the center line of Creek for a distance of2,760 feet +_ with a tie line of North 58 degrees 36 minutes 33 seconds West for a distance of2493.57' feet to a point at the true point of beginning. Said property contains 16.7 acres, and is more particularly shown in Exhibit "B", attached hereto and incorporated herein. LESS & EXCEPT: The 3.0 acres tract that is already owned by Rockdale County, said parcel being that property conveyed in Warranty Deed from Ray Jones, Inc. to City of Conyers, dated 06/04/1974, recorded on 06/11/1974 in Deed Book 140, Page 169, of The Rockdale County Georgia records, attached hereto and incorporated herein by reference. SUBJECT TO: 1) 2024 Rockdale County property taxes were PAID in the amount of $733.21 for parcel number 0310010006. All previous years have been paid. 2) Application and Questionnaire for Current Use Assessment of Bona Fide Agricultural Property by and between Peggy Jean Hicks and Rockdale County dated 06/16/2022, filed for record on 06/17/2022 at Deed Book 7382, Page 239, Rockdale County, Georgia records. % 2 9 / d 4 / & 6 # - d A C/ A - 8 N BRDDE OR - B 6 ( @ 526.96 5 AVSE C a A 6 5 X S d 6 / - 8 8 4 A 3NIT. 101 ONV7 "XOUddv ,00'£92 3.92,81000 N OCZ 3.92.81.00 N MAG. NORTH ? 4