Weyerhaeuser Generic Letterhead template
Sandy McLendon Project Manager WREDCO P. O. Box 590 Perry, Georgia 31069 Tel: (478) 218-0825 Cell: (478) 397-0850 Fax: (478) 218-0827
Parcel: CL 909 North, Tracts 1, 2, 4, 7, 8, 9, 10 (Tracts 3, 5, and 6 have been sold) County: Morgan State: Georgia Location / Access: The tracts are located on Sandy Creek Road two miles off of US Highway 441 North . They are six miles from downtown Madison, twenty-six miles from downtown Athens, and ten miles from Interstate 20. Driving Interstate 20, the properties are 65 miles from Atlanta at the I-75 interchange, and 92 miles from Augusta at the Bobby Jones Expressway interchange. Size:
From 5.463 to 62.940 acres
Price:
From $27,750 to $175,000
Map & Parcel:
034 001
Zoning:
A5
(Agriculture minimum 5 acre lots)
Water:
Tracts I through 6 have frontage on Sandy Creek. through 10 have frontage on Hard Labor Creek.
Tracts 7
Topography: Rolling hills – Upper Coastal Plain / Piedmont transition Utilities:
Electrical services are provided by Walton EMC. Each tract must have an on-site well and septic system. Septic drain field sites have been identified on Tracts 1 through 6.
General:
The ten tracts are subject to Weyerhaeuser’s 25% mineral royalty reservation. The mineral royalty reservation and its explanation are shown below. All tracts are subject to deed restrictions, also shown below.
Weyerhaeuser Real Estate Development Company is the owner of the above property and is a licensed Real Estate Company in the State of Georgia
WEYERHAEUSER REAL ESTATE DEVELOPMENT COMPANY'S CL 909 NORTH TRACTS Morgan County, Georgia PARCEL
ACRES
PRICE
TRACT #1
5.684
$
30,000
TRACT #2
5.463
$
27,750
TRACT #3
5.576
TRACT #4
6.993
TRACT #5
9.140
SOLD
TRACT #6
24.106
SOLD
TRACT #7
61.940
$
135,000
TRACT #8
62.450
$
140,000
TRACT #9
42.067
$
115,000
TRACT #10
57.703
$
175,000
SOLD $
30,000
WEYERHAEUSER REAL ESTATE DEVELOPMENT COMPANY'S CL 909 NORTH TRACTS Morgan County, Georgia
PARCEL
ACRES
ROAD FRONTAGE (FT)
CREEK FRONTAGE (FT)
PERC SITES IDENTIFIED
TRACT #1
5.684
443.30'
953' Sandy Creek
Yes
TRACT #2
5.463
241.00'
582' Sandy Creek
Yes
TRACT #3
5.576
TRACT #4
6.993
TRACT #5
9.140
-------------------------- SOLD -----------------------
TRACT #6
24.106
-------------------------- SOLD -----------------------
TRACT #7
61.940
151.00'
1591' Hard Labor Ck
No
TRACT #8
62.450
375.00'
1593' Hard Labor Ck
No
TRACT #9
42.067
290.00'
1021' Hard Labor Ck
No
TRACT #10
57.703
237.67'
2755' Hard Labor Ck
No
-------------------------- SOLD ----------------------317.00'
542' Sandy Creek
Yes
DEED RESTRICTIONS FOR THAT PORTION OF CL 909 ACCESSED DIRECTLY FROM SANDY CREEK ROAD: TRACTS 1 THROUGH 10
The above described property depicted on the survey recorded in Plat Book __, page __, Morgan County Deed Records, is conveyed SUBJECT TO the following protective covenants which shall be binding on the Grantee in this deed, run with the land in perpetuity, be binding on all successive owners of the property, and inure to the benefit of all owners of the tracts of land shown on the above-referenced survey and be enforceable by the owner of any of said tracts: 1.
No portion of the property shall be utilized for any purpose other than single family residential use and each living unit constructed on any portion of the property shall contain no less than 1,200 square feet of heated and cooled living space.
2.
All living units must be constructed in accordance with the standards for single family homes included in all existing residential building codes of the State of Georgia and Morgan County at the time of construction, notwithstanding whether or not such homes are constructed in whole or in part on site. No modular home or mobile home (home built in accordance with manufactured home standards imposed by the Federal Construction and Safety Standards Act) or other structures designed for transportation on attached axles and wheels, flat bed truck, or any similar mobile structure shall be located on any portion of the property.
3.
No temporary house, shack or tent shall be erected on any portion of the property and used for residential purposes; nor shall any type of recreational vehicle or trailer be used for residential purposes on any portion of the property.
4.
No portion of the property shall be used for commercial livestock operations, including without limitation swine, beef, dairy or poultry operations. No portion of the property shall be used for any type of landfill, including without limitation the landfill of debris, construction products or waste products. Horse boarding and training facilities shall be permitted on the property.
5.
Tracts 1, 2, 3, 4 and 5 shown on the above-referenced survey shall not be permitted to be subdivided. Tracts 6, 7, 8, 9, and 10 shown on the above-referenced survey shall be permitted to be subdivided provided further that any subdivision of said tracts shall be subject to and performed in accordance with the then-current zoning and development regulations of Morgan County, Georgia.
6.
Properties will be subject to the above restrictions and/or the restrictions of the governing municipality(s), whichever are the more restrictive.
WINIZLER LAW FIRM, LLC P.O. Box 671 Madison, Gemgia
30650 www.winklerftrm.com [email protected]
H. James Winkler 706-474-3161
February 2,2010
Mr. Dan Bowling Weyerhaeuser Real Estate Development Company 1412 Eatonton Rd., Suite 700 Madison, Georgia 30650 RE:
Mineral Reservation
Dear Mr. Bowling: I am writing you to clarify the meaning of the mineral reservation required by Weyerhaeuser Company on deeds where it sells property. The mineral reservation is nothing more than the right to receive a twenty-five percent (25%) royalty from any minerals taken from the property. This means that if the new owner of the property ever decides to sell any minerals from the property, Weyerhaeuser gets twenty-five percent (25%) of the money received from the sale of those minerals. It does not mean that Weyerhaeuser has any right to sell any minerals from the property itself or to mine or take any minerals from the property. It also does not mean that Weyerhaeuser has any right to force the new owner of the property to mine or sell any minerals from the property. The new owner of the property is completely in charge of the property and has the sole right to decide whether or not to ever take any minerals from the property or to sell any minerals from the property. If the owner never sells any minerals from the property, Weyerhaeuser receives no money and is not involved in the property in any way. If you have any questions regarding this matter, please call. Very truly yours,
i
vJ;;jQ,---
H.,hAMES WINKLER , /
GEORGIA (25% GEOLOGIC RESOURCES RESERVATION) Grantor reserves, for itself, it successors and assigns, a royalty interest in any geological resources which may be recovered or consumed by Grantee or persons claiming under or through Grantee (collectively referred to as “the Resource Owners”), from the property herein conveyed, in the amount of twenty-five percent (25%) of the fair market value of such resources at the time of their extraction from the property. For purposes of this reservation, “geological resources” includes ores, minerals, coal, oil, gas, peat, sand, gravel, stone, clay, topsoil, geothermal steam and heat, and any other commodity or raw material removed from the earth for sale or to produce goods, energy or other commodities capable of being sold. “Fair market value of such resources at the time of their extraction” means the value which a willing buyer would pay for such resources in place, assuming that: (1) removals could and would commence immediately and continue until the resource was exhausted or no longer economic to extract, and (2) the buyer was prepared to extract the resources and process them into marketable forms. Where the Resource Owners have negotiated, on an arms length basis, a mining lease or similar agreement with an unrelated third party in the business of acquiring and extracting similar resources, and those parties have no other business dealings, the fair market value of the resource shall be presumed to equal the sum of all money (whether characterized as royalties, bonuses, rents, profit sharing, other payments) and other things of value received by the Resource Owners as compensation for removal of the resource, and Grantor or its successors or assigns shall be entitled to 25% of all such monies plus 25% of the value of all non-monetary things so received. Where the Resource Owners, or persons acting in concert with them, remove geologic resources for sale or further processing, the fair market value of the resources shall be the amount which an unrelated willing buyer would pay as compensation for them under the assumptions stated above. Evidence of such value may include: (1) amounts customarily paid to the owners of similar resources by those in the business of extracting and processing them, (2) the market value of products produced from similar resources less average costs of all elements of production other than compensation to the owner for the raw resource in place, and (3) the profits received and anticipated by the parties removing and processing the resources in question, after allowing for costs of removal and production and a reasonable rate of return on the capital employed to do so. The Resource Owners covenant and agree to: (1) notify Grantor, or any successor or assigns of record, if they plan to remove or consume geologic resources from the lands conveyed herein, (2) keep Grantor, or such successors and assigns, informed of the status of any regulatory permits needed to remove or consume such resources, (3) notify Grantor, or such successors and assigns, of the quantities of each geologic resource removed or consumed, within 30 days after the end of each month in which any such removals or consumption occur, (4) negotiate in good faith as to the amount of royalties to be paid and methods to verify that royalties have been properly determined and paid, (5) pay the reserved royalties within 30 days after the end of each month in which any geologic resources are removed or consumed, and (6) on request of Grantor or its successors, submit any disputes with respect to these royalties to binding arbitration under the applicable rules of the American Arbitration Association. If a royalty rate has not been established by the date when a royalty payment is due, the Resource Owners shall pay a reasonable estimated royalties at up to a rate requested by Grantor or its successors or assigns, subject to a retroactive adjustment when the royalty rate has been agreed upon or determined by arbitration. If the final royalty rate is higher than the estimated royalties paid, the Resource Owners shall immediately pay the difference plus a penalty of 1.5% per month. If the final royalty rate is lower than the estimated royalties paid, the Resource Owners shall be reimbursed for the excess with interest at the rate of 1.5% per month. Grantor has reserved no rights to remove or consume or to prevent the removal or consumption of geologic resources. However, Grantor does reserve a security interest in all geologic resources removed or consumed by Grantee and anyone claiming under Grantee, and in their products and proceeds. Grantee covenants for itself and all persons claiming interests in such resources through it, to execute such financing statements and other documents as may be requested by Grantor and it successor and assigns to perfect and give public notice of those security interests.
Parcel: CL 909 North, Tracts 1, 2, 4, 7, 8, 9, 10 (Tracts 3, 5, and 6 have been sold) County: Morgan State: Georgia Location / Access: The tracts are located on Sandy Creek Road two miles off of US Highway 441 North . They are six miles from downtown Madison, twenty-six miles from downtown Athens, and ten miles from Interstate 20. Driving Interstate 20, the properties are 65 miles from Atlanta at the I-75 interchange, and 92 miles from Augusta at the Bobby Jones Expressway interchange. Size:
From 5.463 to 62.940 acres
Price:
From $27,750 to $175,000
Map & Parcel:
034 001
Zoning:
A5
(Agriculture minimum 5 acre lots)
Water:
Tracts I through 6 have frontage on Sandy Creek. through 10 have frontage on Hard Labor Creek.
Tracts 7
Topography: Rolling hills – Upper Coastal Plain / Piedmont transition Utilities:
Electrical services are provided by Walton EMC. Each tract must have an on-site well and septic system. Septic drain field sites have been identified on Tracts 1 through 6.
General:
The ten tracts are subject to Weyerhaeuser’s 25% mineral royalty reservation. The mineral royalty reservation and its explanation are shown below. All tracts are subject to deed restrictions, also shown below.
Weyerhaeuser Real Estate Development Company is the owner of the above property and is a licensed Real Estate Company in the State of Georgia
WEYERHAEUSER REAL ESTATE DEVELOPMENT COMPANY'S CL 909 NORTH TRACTS Morgan County, Georgia PARCEL
ACRES
PRICE
TRACT #1
5.684
$
30,000
TRACT #2
5.463
$
27,750
TRACT #3
5.576
TRACT #4
6.993
TRACT #5
9.140
SOLD
TRACT #6
24.106
SOLD
TRACT #7
61.940
$
135,000
TRACT #8
62.450
$
140,000
TRACT #9
42.067
$
115,000
TRACT #10
57.703
$
175,000
SOLD $
30,000
WEYERHAEUSER REAL ESTATE DEVELOPMENT COMPANY'S CL 909 NORTH TRACTS Morgan County, Georgia
PARCEL
ACRES
ROAD FRONTAGE (FT)
CREEK FRONTAGE (FT)
PERC SITES IDENTIFIED
TRACT #1
5.684
443.30'
953' Sandy Creek
Yes
TRACT #2
5.463
241.00'
582' Sandy Creek
Yes
TRACT #3
5.576
TRACT #4
6.993
TRACT #5
9.140
-------------------------- SOLD -----------------------
TRACT #6
24.106
-------------------------- SOLD -----------------------
TRACT #7
61.940
151.00'
1591' Hard Labor Ck
No
TRACT #8
62.450
375.00'
1593' Hard Labor Ck
No
TRACT #9
42.067
290.00'
1021' Hard Labor Ck
No
TRACT #10
57.703
237.67'
2755' Hard Labor Ck
No
-------------------------- SOLD ----------------------317.00'
542' Sandy Creek
Yes
DEED RESTRICTIONS FOR THAT PORTION OF CL 909 ACCESSED DIRECTLY FROM SANDY CREEK ROAD: TRACTS 1 THROUGH 10
The above described property depicted on the survey recorded in Plat Book __, page __, Morgan County Deed Records, is conveyed SUBJECT TO the following protective covenants which shall be binding on the Grantee in this deed, run with the land in perpetuity, be binding on all successive owners of the property, and inure to the benefit of all owners of the tracts of land shown on the above-referenced survey and be enforceable by the owner of any of said tracts: 1.
No portion of the property shall be utilized for any purpose other than single family residential use and each living unit constructed on any portion of the property shall contain no less than 1,200 square feet of heated and cooled living space.
2.
All living units must be constructed in accordance with the standards for single family homes included in all existing residential building codes of the State of Georgia and Morgan County at the time of construction, notwithstanding whether or not such homes are constructed in whole or in part on site. No modular home or mobile home (home built in accordance with manufactured home standards imposed by the Federal Construction and Safety Standards Act) or other structures designed for transportation on attached axles and wheels, flat bed truck, or any similar mobile structure shall be located on any portion of the property.
3.
No temporary house, shack or tent shall be erected on any portion of the property and used for residential purposes; nor shall any type of recreational vehicle or trailer be used for residential purposes on any portion of the property.
4.
No portion of the property shall be used for commercial livestock operations, including without limitation swine, beef, dairy or poultry operations. No portion of the property shall be used for any type of landfill, including without limitation the landfill of debris, construction products or waste products. Horse boarding and training facilities shall be permitted on the property.
5.
Tracts 1, 2, 3, 4 and 5 shown on the above-referenced survey shall not be permitted to be subdivided. Tracts 6, 7, 8, 9, and 10 shown on the above-referenced survey shall be permitted to be subdivided provided further that any subdivision of said tracts shall be subject to and performed in accordance with the then-current zoning and development regulations of Morgan County, Georgia.
6.
Properties will be subject to the above restrictions and/or the restrictions of the governing municipality(s), whichever are the more restrictive.
WINIZLER LAW FIRM, LLC P.O. Box 671 Madison, Gemgia
30650 www.winklerftrm.com [email protected]
H. James Winkler 706-474-3161
February 2,2010
Mr. Dan Bowling Weyerhaeuser Real Estate Development Company 1412 Eatonton Rd., Suite 700 Madison, Georgia 30650 RE:
Mineral Reservation
Dear Mr. Bowling: I am writing you to clarify the meaning of the mineral reservation required by Weyerhaeuser Company on deeds where it sells property. The mineral reservation is nothing more than the right to receive a twenty-five percent (25%) royalty from any minerals taken from the property. This means that if the new owner of the property ever decides to sell any minerals from the property, Weyerhaeuser gets twenty-five percent (25%) of the money received from the sale of those minerals. It does not mean that Weyerhaeuser has any right to sell any minerals from the property itself or to mine or take any minerals from the property. It also does not mean that Weyerhaeuser has any right to force the new owner of the property to mine or sell any minerals from the property. The new owner of the property is completely in charge of the property and has the sole right to decide whether or not to ever take any minerals from the property or to sell any minerals from the property. If the owner never sells any minerals from the property, Weyerhaeuser receives no money and is not involved in the property in any way. If you have any questions regarding this matter, please call. Very truly yours,
i
vJ;;jQ,---
H.,hAMES WINKLER , /
GEORGIA (25% GEOLOGIC RESOURCES RESERVATION) Grantor reserves, for itself, it successors and assigns, a royalty interest in any geological resources which may be recovered or consumed by Grantee or persons claiming under or through Grantee (collectively referred to as “the Resource Owners”), from the property herein conveyed, in the amount of twenty-five percent (25%) of the fair market value of such resources at the time of their extraction from the property. For purposes of this reservation, “geological resources” includes ores, minerals, coal, oil, gas, peat, sand, gravel, stone, clay, topsoil, geothermal steam and heat, and any other commodity or raw material removed from the earth for sale or to produce goods, energy or other commodities capable of being sold. “Fair market value of such resources at the time of their extraction” means the value which a willing buyer would pay for such resources in place, assuming that: (1) removals could and would commence immediately and continue until the resource was exhausted or no longer economic to extract, and (2) the buyer was prepared to extract the resources and process them into marketable forms. Where the Resource Owners have negotiated, on an arms length basis, a mining lease or similar agreement with an unrelated third party in the business of acquiring and extracting similar resources, and those parties have no other business dealings, the fair market value of the resource shall be presumed to equal the sum of all money (whether characterized as royalties, bonuses, rents, profit sharing, other payments) and other things of value received by the Resource Owners as compensation for removal of the resource, and Grantor or its successors or assigns shall be entitled to 25% of all such monies plus 25% of the value of all non-monetary things so received. Where the Resource Owners, or persons acting in concert with them, remove geologic resources for sale or further processing, the fair market value of the resources shall be the amount which an unrelated willing buyer would pay as compensation for them under the assumptions stated above. Evidence of such value may include: (1) amounts customarily paid to the owners of similar resources by those in the business of extracting and processing them, (2) the market value of products produced from similar resources less average costs of all elements of production other than compensation to the owner for the raw resource in place, and (3) the profits received and anticipated by the parties removing and processing the resources in question, after allowing for costs of removal and production and a reasonable rate of return on the capital employed to do so. The Resource Owners covenant and agree to: (1) notify Grantor, or any successor or assigns of record, if they plan to remove or consume geologic resources from the lands conveyed herein, (2) keep Grantor, or such successors and assigns, informed of the status of any regulatory permits needed to remove or consume such resources, (3) notify Grantor, or such successors and assigns, of the quantities of each geologic resource removed or consumed, within 30 days after the end of each month in which any such removals or consumption occur, (4) negotiate in good faith as to the amount of royalties to be paid and methods to verify that royalties have been properly determined and paid, (5) pay the reserved royalties within 30 days after the end of each month in which any geologic resources are removed or consumed, and (6) on request of Grantor or its successors, submit any disputes with respect to these royalties to binding arbitration under the applicable rules of the American Arbitration Association. If a royalty rate has not been established by the date when a royalty payment is due, the Resource Owners shall pay a reasonable estimated royalties at up to a rate requested by Grantor or its successors or assigns, subject to a retroactive adjustment when the royalty rate has been agreed upon or determined by arbitration. If the final royalty rate is higher than the estimated royalties paid, the Resource Owners shall immediately pay the difference plus a penalty of 1.5% per month. If the final royalty rate is lower than the estimated royalties paid, the Resource Owners shall be reimbursed for the excess with interest at the rate of 1.5% per month. Grantor has reserved no rights to remove or consume or to prevent the removal or consumption of geologic resources. However, Grantor does reserve a security interest in all geologic resources removed or consumed by Grantee and anyone claiming under Grantee, and in their products and proceeds. Grantee covenants for itself and all persons claiming interests in such resources through it, to execute such financing statements and other documents as may be requested by Grantor and it successor and assigns to perfect and give public notice of those security interests.
