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Home My WebLink AboutBoy Scout Trust Fund (2) Augusta Richmond GA DOCUMENT NAME: ~ Su::u-\- \l(o,S-\- hJs'd. DOCUMENTTYPE:~~-t- YEAR: 0\ BOX NUMBER: \L\ :. FILE NUMBER: \~ 1 dl NUMBER OF PAGES: 5 AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY A TIORNEY LEE BEARD ULMER BRIDGES JERR\' BRIGHAM HENRY H, BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUIILKE, JR. STEPIIEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAII.:JWALL@CO.RIClIMOND.GA.US ,GEORGE R. KOLB \. Administrator WM. "WILLIE'; H. MAYS, III Mayor Pro Tem October 30, 2001 Augusta, Georgia 530 Greene Street; Room 806 Augusta, Georgia 30911 State o'f Georgia, Department of Natural Resources 205 Butler Street; Suite 1252 Atlanta, Georgia 30334 RE: Georgia Greenspace Program Grant Award Agreement Boy Scout Trust Fund, Georgia-Carolina Council, Boy Scouts of America, Inc., their successors and assigns Our File No. AR-65-074-01 Dear Sirs: This is to certify that we have examined the title to the above said property in the proper office and, based on this examination, it is our opinion that fee simple title to the her~inafter described property is vested in Augusta, Georgia by virtue of a deed from SunTrust Bank, Augusta; N: A., of Richmond County, Georgia, as Trustee of the Boy Scout Trust Fund, Georgia-Carolina Council, Boy Scouts-of America, Inc., their successors and assigns, as Grantor, to Augusta, Georgia, as Grantee, said deed being dated September 21, 2001, and recorded at Realty Book 751 ,pages 2239-2242, in the office of the Clerk of Superior Court~ -Richmond County, Georgia. The >property conveyed is free and clear of any secured interests, is more specifically described in Exhibit "A" attached hereto; and- is -subject only to the following: 1. A third-party interest held by the State of Georgia as referenced in the Georgia Greenspace Program Grant Award Agreement dated June 12, 2001 ("Agreement"). Said thirty-party ben~ficiary has the right to enforce the terms and con-ditions of the Agreement specifically in equity and at law. " Augusta, Georgia and State of Georgia, Department of Natural Resources October 30, 2001 Page Two of Three 2. Rights and interests of parties in possession, if any. 3. Facts which might be disclosed by a physical inspection of said property or a current, accurate survey thereof. 4. Unrecorded claims of liens for labor, materials and services furnished for the improvement of said property. 5. Compliance with any consumer protection, truth-in-Iending or similar laws. 6. Matters affecting the title to said property which are either not of record or are not indexed in such manner as to be revealed by a reasonable and prudent search. 7. All applicable zoning laws, ordinances, regulations and all other governmental regulations pertaining to the use and occupancy of the property as set forth in the Agreement. 8. This opinion does not address whether or not this property is in an area designated as having special flood hazards. 9. A Right-of-Way Deed from Edward Lee Jernigan and Sarah C. Jernigan to Richmond County, dated February 27, 1997, and filed of record in the Office of the Clerk of the Superior Court for Richmond County, Georgia in Realty Reel 550, pages 26-27. 10. A non-exclusive easement for the purposes if ingress and egress from Pepperidge designated as "Reserved" on said above-referenced plat dated November 21, 1984, prepared by Ayer, Graham & Associates, Inc., and filed of record in the Office of the Clerk of the Superior Court for Richmond County, Georgia in Realty Reel 208, pages 1164-1165. ,;, . Augusta, Georgia and State of Georgia, Department of Natural Resources October 30, 2001 Page Three of Three 11. Declaration of Restrictive Covenants executed by Augusta, Georgia, dated September 21, 2001, and filed of record in the in the Office of the Clerk of the Superior Court for Richmond County, Georgia in Realty Book 755, pages 927-947, restricting the property to Greenspace property. Also enclosed herewith is a copy of the Title Insurance Policy on said property. The original recorded deed, Declaration of Restrictive Covenants, and Title Insurance are being are being forwarded to the Clerk by separate letter. By: Jam s B. Wall Cit Attorney 454 Greene Street Augusta, Georgia 30901 (706) 821-2488 r. .' 11 - '~ <; EXHIBIT "A" ALL those parcels of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richm~md, being known and described as Parcel VI (15.92 Acres), Parcel VIII (15.92 Acres) and parcel X (15.92 Acres) on a plat of Holiday Hill prepared for E. L. Jernigan, Sr. and Sarah C. Jernigan by Baldwin & Cranston, Inc. dated April 9, 1973, and recorded in the Office eof the Clerk of the Superior Court of Richmond County, Georgia, in Realty Real 18, at Pages 1714-1722. Reference being made to said plat and it is incorporated herein and made a part hereof for a more complete and accurate description of the metes, bounds and location of said property. AND All that property conveyed by Deed of Gift from Edward Lee Jernigan and Sarah C. Jernigan on the 29th day of December, 1998 described in Reel 625, page 1202 as follo\ovs; All of those lots or parcels of land situate, lying and being in the State of Georgia, County of Richmond, being known and designated as Parcel II, containing 15.92 acres, and parcel IV, containing 15.92 acres, on a plat of Holiday Hill, prepared for E. L. Jernigan, Sr. and Sarah C. Jernigan by Baldwin & Cranston Associates, Inc., dated April 9, 1973, recorded in the Office of the Clerk of Sueprior Court of Riclunond County, Georgia, in Realty Reel 18, pages 1714-1722. Said plat is incorporated herein by reference thereto for a more complete description of metes, bounds, courses, and locations. EXCEPTED FROM Parcel IV as aforesaid are Lots 17, 18, 19 and 20, Block A of an addition and resubdivision to Unit I-B of Pepperidge Subdivision on a plat' thereof dated November 21, 1984, prepared by Ayer, Graham & Associates, Inc., recorded in said Clerk's Office in Realty Reel 338, pages 1440-1442. ALSO EXCEPTED therefrom is a parcel of land containing, 0.53 acres shown as Tract ",A" on a plat prepared by A YERCORP, dClted .Tune 21, 1990, C1ttached to a wmranty deed from E. L Jernigan and Sarah C. Jernigan to Joe C. Spencer, dated July 5, 1990, recorded in said Clerk's Office in Realty Reel 338, pages 1440-1442. :.,.. ~ ... ,. '. '. tj. ~. ~ ALSO EXCEPTED therefrom is a parcel of land containing 0.5233 acres shown as Tract "B" on a plat prepared by A YERCORP, dated February 27, 1991, attached to a warranty deed from E. L. Jernigan and Sarah C. Jernigan to Alphonzo L. Paul and Veniva D. Paul, dated March 1, '1991, recorded in said Clerk's Office in Realty Reel 354, pages 290-292. Said property is, subject to the rights of Augusta-Richmond County, Georgia under a right-of-way deed from Edward Lee Jernigan and Sarah C. Jernigan to Richmond County, dated February 27, 1997, recorqed in Realty Reel 550, pages 26-27. ALSO conveyed as a part of this conveyance is non-exclusive easement for the purposes of ingress and egress from Pepperidge designated as "Reserved)' on said above referenced plat dated November 21, 1984, prepared by Ayer, Graham & Associates, Inc., recorded in said Clerk's Office in Realty Reel 208, pages 1164-1165. ALSO EXCEPTED therefrom is a parcel of land containing 0.85 acres shown on a plat prepared by H. Lawson Graham and Associates, Inc. dated January 9, 2001 attached hereto as Attachment 1, and incorporated herein by reference.