HomeMy WebLinkAboutGeorgia Greenspace Program Grant Award
Augusta Richmond GA
DOCUMENT NAME: he:O::)<A (b r ~e"S fRee (( f0o..JY\ G ron:c A<.()ccvc::l
DOCUMENT TYPE: ~ e..e.n'l c.rrt
YEAR: v3
BOX NUMBER: 11
FILE NUMBER: Ilo508
,Qo
NUMBER OF PAGES: \")
.. ,~
1
'j
, /,
l'
i'
",
'\..
'AUGUSTA-RICHMOND COUNTY COMMISS'ION
j
Bo~ YOUNG
Mayor
STAFF ATTORNEYS
MICHAEL R. DAVIS
VANESSA FLOURNOY
SPARTICUS HEYWARD
LEE BEARD
TOMMY BOYLES
ULMER BRIDGES
ANDY CHEEK
BOBBY G. HANKERSON
WILLIAM B. KUHLKE, JR.
WM. "WILLIE" H. MAYS, III
STEPHEN E, SHEPARD
MARION WILLIAMS
JAMESB. WALL
CITY A TIORNEY
AUGUSTA LAW DEPARTMENT
RICHARD L. COLCLOUGH
Mayor Pro Tern
GEORGE R. KOLB
Administrator
January 24, 2003
Please Reply to:
P.O. Box 2125
Augusta, GA 30903
(706) 821-2488
Fax (706) 722-5984
jwall@co,richmond,ga:us
State of Georgia, Department' of Natural Resources
205 Butler Street; Suite 1252
Atlanta, Georgia 30334
Augusta, Georgia
c/o Lena Bonner, Clerk of Commission
City-County Municipal Building; Room 806
530 Greene Street '
Augusta, Georgia 30911
RE: Georgia Greenspace Program, Grant Award Agreement
Katherine M. Davison
Our File No. AR-38-008-02
Dear Sir and Madam:
This is to certify that we have examined the title to the above said property in
the office of the Clerk of the Superior Court for Richmond County, Georgia and, based
on this examination, it is our opinion that fee simple title to the hereinafter described
property is vested in Augusta, Georgia by virtue of a deed from Katherine M. Davison,
said deed being dated December 16, 2002, and recorded at Realty Book 827, page
1523, et seq, in said Clerk's office. , The property conveyed, more particularly
described in Exhibit "A" enclosed herewith, is free and clear of any encumbrances,
with the following exceptions, to-wit: '
, ,
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 and recorded in the Office of the Clerk of the Superior Court for
Richmond County, Georgia at Realty Book 755, pages 935-947
(" Agreement"). Said thirty-party beneficiary has the right to enforce the
terms and conditions of the Agreement specifically in equity and at law;
~ .\'
1}
~ ,:;
7'
I
...
State of Georgia, Department of Natural Resources
Augusta, Georgia
January 24, 2003
Page Two of Three Pages
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. Areas designated has having special flood hazards;
9. Declaration of Restrictive Covenants executed by Augusta, Georgia, dated
September 20, 2002, and filed of record in the in the Office of the Clerk of the
Superior Court for Richmond County, Georgia in Realty Book 834, page 481,
et seq., restricting the property to Greenspace property.
Enclosed 'herewith, please find copies of the following: (1) Commitment for Title
Insurance; (2) Final Title Policy; (3) the deed of conveyance; and (4) Declaration of
Restrictions and Covenants. The originals of these documents are being forwarded to the
Clerk of Commission for Augusta, Georgia, with copies to George Patty.
By:
Jam s B. Wall
Cit, Attorney for Augusta, Georgia
'i. ;1~
;
;, i
State of Georgia, Department of Natural Resources
Augusta, Georgia
January 24, 2003
Page Three of Three Pages
Enclosures: Deed of Conveyance
Declaration of Restrictions and Covenants
Commitment for Title Insurance
Final Title Policy
Exhibit A, Legal Description
cc: George Patty, Planning & Zoning
.r-
,";:,
-:,.7' :.....,
/"i .'
Book 008271523 Au ustJ ,',' t -
2002052523 12/161200~'16'OO~'~~mond County
rEo,qo \^I/\F3~ANT"(.oEE6 ' ,
1111111//1111111111I111/111 II/II 1IIII 1/11I Illlli/llllli1illl
2002052523 Augusta - Richmond County
-~
,
Relurn 10:
Mr. Harry D, Revell
454 Greene Street
Auqusta, GA 30901
STATE OF GEORGIA
COUNTY OF RICHMOND
THIS INDENTURE, made this
/" 1bday of ~ ~~ It1 be Iff- 2002, by
and between KATHERINE M. DAVISON, as party of the first part, and Augusta,
Georgia, a political subdivision of the State of Georgia, as party of the second part;
WITNESSETH:
That the party of the first part, for and in consideration of the sum of Fifty
Thousand '($50,000.00) Dollars, in hand paid, at or before the sealing and delivery of
these presence, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presence does hereby grant,
bargain, sell and convey unto the said party of the second part, its successors and
assigns, the property more fully described in Exhibit "A" attached hereto.
This conveyance is made subject to the Georgia Greenspace Program Grant
Award Agreement, dated June 12, 2001, by and between the State of Georgia,
Department of Natural Resources, and Augusta, Georgia; said Agreement being filed of
record in the Office of the Clerk of the Superior Court for Richmond County, Georgia at
Realty Book 755, pages 935-947. Grant funds under said Grant Agreement have been
used in the acquisition of the above described property, and the State of Georgia is a
{j
'i
.
',.. ~
~'
~ .
,F
'\
Book 008271524 Augusta.- Richmond County
2002052523 12/1 ?/200~ 1.6: 00: 1-1.00 '.
third-party beneficiary of said Grant Agreement, and has a right to require specific
performance of said Grant Agreement and require that the property be returned to the
use as provided in said Grant Agreement.
TO HAVE AND TO HOLD the said property, together with all and singular of the
rights, ways, easements and appurtenances thereof, to the same being, belonging, or in
anywise appertaining, to the only property use, benefit and behoof of the said party of
the second party, its successors and assigns, in fee simple, forever.
And the party of the first part, her successors and assigns, do warrant and will
forever defend the right and title to the above described property unto the said party of
'the second part, its successors and assigns, against the claims of all persons
whomsoever.
IN WITNESS WHEREOF, the party of the first part has caused this instrument to
be executed this deed of conveyance the day and year first above written.
ia HARRY D. REVELL
Notary Public'
IA
My Comm. Exp. 9/03/05
fr" ',YI~
ATHERINE M. DAVISON
.."
~., -..: Q
Book 008271525 Au~~usta - f;(ichmond County
2002052523 12/16/20'02 16:-00: 11..00
"",
J
EXHIBIT "A"
All that parcel of land, lying in Richmond County, Georgia, in the 1269th G.M.D.,
consisting of approximately 4.1 acres located between Ingleside DriVe and the center
line of Rae's Creek. The above described property beings at a point on Berckmans
Road and extends West to the South fork of Rae's Creek. This property is composed of
two smaller tracts, which are more specifically designated as Tract "B" and "Scales and
Rice" as shown on a plat prepared by Cranston & Associates, dated June 23, 1966,
revised and recorded in the Office of the Clerk of the Superior Court of Richmond
County, Georgia in Realty Book 36-K, Pages 499-500. Reference is hereby made to
said plat for a more specific description of the property herein conveyed. This is the
same property described in that Security Deed of James Davison to Katherine M.
Davison of April 12, 1990 recorded in the Office of the Clerk of Richmond Superior
Court in Realty Reel 504, page 460, which is incorporated herein by reference thereto,
and in that Modification Agreement of July 1, 1996, recorded in said Clerk's Office in
Realty Reel 528, page 1583 which was judicially foreclosed by the aforesaid judgment.
/'
'\
Filed in this office:
Augusta - Richmond County
~1'1 f3/?002 11';0011 00
t' Elrline C. ,Johnson
'\
...
GF.C1813. Georgia
Title Insurance Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED THROUGH THE OFFICES OF
Attorneys' Title Guaranty Fund, Inc.
THE GEORGIA A ITORNEYS' ORGANIZA nON SPECIALLY ORGANIZED TO
PROVIDE COMPLETE TITLE ASSURANCE
BY ITS MEMBER
HARRY B. JAMES, III
has caused FIRST AMERICAN TITLE INSURANCE CaMP ANY to issue this commitment for title
insurance.
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the
Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of
the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and
Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the
time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six (6) months after the Effective Date hereof or
when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to
issue such policy or policies is not the fault of the Company,
This Commitement shall not be valid or binding until Schedule A has been countersigned by either a
duly authorized agent or representative of the Company and Schedule B-1 and B-II have been attached
hereto.
IN WITNESS WHEREOF, the Company has caused this Comrpitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance with
its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date".
First American Title Insurance Company
BY 4({ c/
ATTEST: /7l d ~ ~ SECRETARY
PRESIDENT
~
T
.'
7
.. i:
1-
ATGF 1813-A
Title Insurance Commitment
(REV 9/78)
Attorneys' Title Guaranty Fund, Inc.
SCHEDULE A
Agent's
File No: 561
Commitment No, GFC 561
.,~, Date Effective: December 5,2002 11 :00 A.M,
Amount of Policy: $50,000,00
2. Policy or Policies to be issued:
(a) A.L.T.A. Owner's Policy Form - 1992
Proposed Insured: AUGUSTA, GEORGIA, a political subdivision of the State of Georgia
(b) A.L.T.A. Loan Policy - 1992 Amount of Policy:
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is an estate or
interest designated as follows:
Fee Simple
4. Title to the estate or interest in the land described or referred to in this Commitment and covered herein (and
designated as indicated in NO.3 above) is, at the effective date hereof, vested in:
KATHERINE M. DAVISON
5. The land referred to in this Commitment is in the State of Georgia County of Richmond
and described as follows:
All that parcel of land, lying and in Richmond County, Georgia, in the 1269'h G.M.D., consisting of
approximately 4.1 acres located between Ingleside Drive and the center line of Rae's Creek. The above
described property begins at a point on Berckmans Road and extends West to the South fork of Rae's Creek.
This property is composed of two smaller tracts, which are more specifically designated as Tract "B" and
"Scales and Rice" as shown on a plat prepared by Cranston & Associates, dated June 23, 1966, revised
February 20, 1929, and also on March 29, 1969, and recorded in the Office of the Clerk of the Superior
Court of Richmond County, Georgia in Realty Book 36-K, pages 499-500. Reference is hereby made to said
plat for a more specific description of the property herein conveyed. This is the same property described in
that Security Deed of James Davison to Katherine M. Davison of April 12, 1990 recorded in the Office of the
Clerk of Richmond Superior Court in Realty Reel 504, page 460, which is incorporated herein Agreement of
July 1, 1996, recorded in said Clerk's Office in Realty Reel 528, page 1583 which was judicially foreclosed
by the aforesaid judgment.
By:
\
'Co
.
r
.. "
-:.
:;
ATGF 1813-8-1
Title Insurance
Commitment-(REV 9(78)
Attorneys Title Guaranty Fund, Inc.
SCHEDULE B-1
(Exceptions)
Issuing Office File No,: 561
Commitment No. GF-C 561
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to
the satisfaction of the Company.
1. Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest
or mortgage thereon covered by this Commitment.
2, Any owner's policy issued pursuant hereto will contain under Schedule B the General Exceptions set forth al the inside cover
hereof, Any loan policy will contain under Schedule B General Exceptions 1, 2, 3 & 5 unless a satisfactory survey and inspection
of the premises is made and will contain General Exceptions 4 and 6.
3. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic installments, then
the policy shall contain an additional exception which shall read as follows:
"Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures the amount
actually disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest
to or for the account of the mortgagor up to the amount of the policy, Such disbursement shall not extend the date of the policy or
change any part thereof unless such change is specifically made by written endorsement duly issued on behalf of the Company,
Upon request by the insured (and payment of the proper charges therefor,) the Company will search the public records subsequent
to the date of the policy and furnish to the insured a continuation report showing such matters affecting title to the land as they have
appeared in the public records subsequent to the date of the policy or the date of the last preceding continuation report, and if such
continuation report shows intervening lien, or liens, or interest to or for the account of the mortgagor, then in such event this policy
does not increase in liability unless such matters as actually shown on such continuation report are removed from the public
records by the insured."
4, Delinquent Richmond County property taxes for the years 1998, 1999,2000 and 2001 ,in the amount of $3,053,79,
5. 2002 Richmond County property taxes now due and payable $578,24,
6. All state and county taxes for the year 2002 and all taxes for subsequent years.
7, The exact location of boundary lines, unrecorded easements, possible encroachments and other facts or conditions which would
be disclosed by an accurate survey and inspection of the property; possible liens of architects, laborers or materialmen for
improvements of the property, not filed for record at the effective date hereof, and rights, if any, of persons who may be in
possession under claims not appearing of record, '
"~
....
"
r..
"r
"
r.;.
ATGF 1613-6-11
Title Insurance
Commitment
(REV, 6(76)
Attorneys Title Guaranty Fund, Inc.
SCHEDULE 8-11
(Requirements)
Agent File No, 561
Commitment No. GF-C 561
REQUIREMENTS TO BE COMPLIED WITH, DEFECTS AND OBJECTIONS TO BE REMOVED OR ELIMINATED AND LIENS
AND ENCUMBRANCES TO BE SATISFIED AND DISCHARGED OF RECORD BEFORE POLICY OF TITLE INSURANCE WILL
BE ISSUED WITHOUT EXCEPTION THERETO,
Item 1. Proper documents creating the estate or interest to be insured must be executed and duly filed for record, to wit:
a. Limited Warranty Deed conveying Fee Simple Title to the within described parcel from Katherine M. Davison to the
City of Augusta, Georgia, referencing that the State of Georgia is a third-party beneficiary under the Georgia
Greenspace Program and the specific language as required for the acquisition of Greenspace Property when Grant
Funds are used,
Item 2, Submit proof satisfactory to the Company of the payment to, or for the account of, the sellers or mortgagors of the full
consideration for the estate or interest to be insured.
Item 3. Submit proof satisfactory to the Company of rights or claims of parties in possession.
Item 4, Submit proof satisfactory to the Company showing full payment for all labor performed, services and materials furnished
within the period provided by law for filing claims of liens,
Item 5. Submit proof satisfactory to the Company covering all questions of accuracy or location of boundary lines, location of
improvement, encroachments, easements, area and all other matters whatsoever which an accurate survey might show.
Exception will be made only to such matters adversely affecting title as are disclosed by such survey.
...
",
~..
~
..
STANDARD EXCEPTIONS FOR OWNER'S POLICY
The owner's policy will be subject to the mortgage, if any, noted under item one of Item 4
of Schedule B-1 hereof and to the following general exceptions:
I. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by an accurate surveyor inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Any adverse claim to any portion of said land which has been created by artifical means
or has accreted to any such portion so created and riparian rights, if any.
6. Taxes or special assessments which are not shown as existing liens by the public records.
CONDITIONS AND STIPUA TIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other
security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance,
adverse claim or other matter affecting the estate or interest or mortgage thereon covered by
this Commitment other than those shown in Schedule B-1 and Schedule B-II hereof, and
shall fail to disclose such knowledge to the Company in writing, the Company shall be
relieved from liability for any loss or damage resulting from any act of reliance hereon to the
extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed
Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adv~rse claim, or other
matter, the Company at its option may amend Schedule B-1 and/or Schedule B-II of this
Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed
Insured and such parties included under the definition of Insured in the form of policy or
policies committed for and only for actual loss incurred in reliance hereon in undertaking in
good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown
in Schedule B-1 or (c) to acquire or create the estate or interest or mortgage thereon covered
by this Commitment In no event shall such liability exceed the amount stated in Schedule
A for the policy or policies committed for and such liability is subject to the insuring
provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring
against the Company arising out of the status of the title to the estate or interest or the status
of the mortgage thereon covered by this Commitment must be based on and are subject to
the provisions of this Commitment.
_J
~
UllSa^ lIe4s uOljeooJqns 10 1401J lie '~~lIod SI41 Japun wlelJ
e pled pue pallNs a^e4 lIe~s ~uedwo:) a41 Ja^aua4M
'uo!le60Jqns 10 1~6!1:I s,AuedwlY.) a~l (e),
'lN3W3U13S 1:10
1N3WAVd NOdn NOI1V90l:lBnS 'E ~
1aljeaJa41 s~ep DE
UI41lM alqe~ed aq lIe4S aoewep JO SSOI a41 'suollelndljS pue
SUOljlpUO:J asa4141lM aJuepJOJJe UI paxll ~Iallullap uaaq se4
aoewep JO SSOllo lualxa a41 pue ~llllqell ua4M (q)
'Auedwo:J a4110 uOIjJejsljes a41 01 pa4SIumj aq lIe4S UOll
-JnJlsap JO SSOllo )OOJd aseJ 4JI4M UI 'paAoJlsap JO ISOI uaaq
se4 ~JlIod a41 ssalun luaw~ed a4110 lUaWaSJopua JOI AJIIOd
SI410UIJnpoJd ln041lM apew aq lIe4s luaw~ed oN (e)
'SS01 ~O 1N3WAVd 'Z~
JaUMO pamsul a41 01 ~Jllod
SI41 Japun luawAed e pawaap aq Ile~s pled os lunowe a41
pue ''tJ alnpa4JS UI 01 paJJajaJ JO paqlJJSap lSaJalUI JO alelsa
a41 uo uall JO aOJe4J e SI 4JI4M pue pamsul ue ~q palnJaxa
JalleaJa4 SI 4JI4M JO 'palqns ua~el JO 'pawnsse 'paaJoe
se4 paJnsul a414JI4M 01 JO 8 alnpa4JS UI ua~el SI uOljdaJxa
4JI4M 01 aoeojJow e oUlJnsul ~Jllod Aue Japun ~ed Aew ~ued
-WO:) a411unowe Aue ~q paJnpaJ aq lIe4S ~JlIod SI41 Japun
aJuemsu! 10 lunowe a411e41 p001SJapUn ~ISSaJdxa Sill
'3^IlV1nWn:JNON .uIlIBVIl '~~
Oluel OJd aJuemSUI a4110 lunowe
a41 aJnpaJ lIe4S 'sasuadxa pue saal ,sAauJOlle 'SISOJ JOI
apew sluaw~ed ldaJxa 'AJIIOd SI41 Japun sluawAed 11\;1
'.uIlIBVIl ~O N0I1VNIWI:IH
1:10 NOIl:Jn031:1 :3:JNVl:lnSNI ~O N011:Jnml:l 'O~
~uedwo:J a4110
luaSUOJ ua))lJM 10IJd a411n041!M llnS JO WlelJ ~ue oUllllas UI
pamsul a41 Aq pawnsse AllJelUnlO^ Allllqell JO) pamsul Aue
01 aoewep JO SSOI JOI alqell aq IOU lIe4s Auedwo:J a41 (J)
'pamsUI se
alllj a41 01 aSJa^pe 'wOJjaJa41 sleadde lie 10 UOI1Isodslp pue
'uOIjJlpslJnl lualadwoJ 10 jJnOJ e ~q uOlleUlwJalap leUlj e
uaaq se4 aJa411ljUn aoewep JO SSOI JO) ~llllqell au a^e4l1e4S
Auedwo:J a41 'luaSuOJ s,Auedwo:) a41 41lM JO Auedwo:J a41
~q UOljeOljllOulpnlJUI 'uOljeOIjIl ~ue 10 lua^a a41 ul (q)
10 luawAed 10 BW!1 B41 01 dn 'Auedwo:} B41 Aq PBzp041ne BJeM
4J!4M 'lUeW!ep pamSU! a41 Aq paJJnJU! sasuadxa pue SBBI
,SABUJOlle 'SlSOO Aue 41!M Ja41a601 AJIIOd S!41 JBpUn BOUemSU!
)0 lunowe B41 )0 IUBwAed JBpUBI JO Aed 01 (!)
'BJuemsul
)0 lunow'tJ a41 )0 luawAed JBpua1 JO ^ed 01 (e)
suoljdo IEUOljlppE OUIMOIIO; a41
a^e4 IIe4S ~uedwo:J a41 ',\Jllod SI41 Japun wlep e 10 aseJ UI
'.uIlIBVIl ~O NOIlVNIWI:IH
:SWIV1:J 3U13S 3SIMI:I3H10 1:10 AVd 01 SNOlldO '9
'WIEp lE41 01 se ~Jllod
SI41 Japun ~uedwo:J a4110 ~llllqEII ~UE alEUIUJJalllE4S 'UOI)
-eln5al IE1UaWUJaM5 JO MEI ~q pa)lql40Jd SSalull '4deJ5EJEd
S!41 UI paJlnbaJ SE saljJEd PJI41 WOJI UOI1EWJOjUI .\JESSaJaU
AlqeuoSeaJ amJas 01 uOlsslwJad lueJ5 10 UOI1EWJOluI pa
-lSanbaJ ~lqeuoSeaJ Ja410 aJnpoJd '41eo Japun uOlleulwExa 101
)Iwqns ollUeWlelJ pamsul a4110 amlle:J 'WIEp a4110 uOlje11
-Slulwpe a4) UI ~JeSsaJau Sill '~uedwo:J a4110 luaw5pnl alqe
-UOseaJ a41 UI 'ssalun SJa410 01 paSolJslP aq IOU lIe4s uOIjJas
SI41 Olluensmd ~uEdwoJ a41 01 papl^oJd IUEW!ep pamsul a41
Aq leljuaplluoJ se paleu51sap uOllewJOluIII\;Ia5ewep JO SSOI
a41 01 ulejJad AlqeuoSeaJ 4JI4M '~l1ed PJI41 e 10 10JlUOJ 10 ApOl
-snJ a41 UI epueJOwaw pue aJuapuodsaJJOo 'S~Ja4o 'sJa5pal
's~ooq 'spJoJaJ lie MOJ pue padsul 'aulwexa 01 ~uedwo:J
a4110 a^ljeluasaldaJ paZIJ041nE AUE JOj '5UljIJM UI 'UOISSIW
-lad SIIlueJ511e4S luewlep paJnsul a41 '~uedwo:J a4110 a^ll
-eluasaJdaJ paZIJ041nE ~ue ~q palSanbaJ II 'Ja4lJ1lja5ewep
JO SSOI a41 01 UlelJad AlqeuoSeaJ 4JI4M 'AJIIOd 10 aleo Jalle
JO aJolaq alep e 5uIJeaq Ja41a4M 'epuEJOwaw pue aJuapuods
-aJJOJ 'S~Ja4J 'sJa5pal 's~ooq 'spJOJaJ 118 '~uedwo:J a41 )0
a^llelUaSaJdaJ paZIJ041ne ~ue ~,q paleu51sap aq Aew SE SaJeld
pue sawlj alqeuoseaJ 4Jns Ie '5uIMoJ pue uOlpadsul 'UOIj
-eulwexa JOI aJnpoJd IIe4S pue Auedwo:J a4110 a^lleluaSaJdaJ
paZIJ041ne Aue ~q 41eo Japun uOljeulwexa olllwqns 01 paJlnb
-aJ aq ~lqeuoSeaJ ~ew luewlep pamsul a41 'uolllPpe ul
'a5ewep JO ssollo 100Jd 4JIlS 5uIJlnbaJ SJallew
JO JalleW a4) 01 pJe5aJ 41lM 'uOlle51j1l Aue anuljuoJ JO 'alnJa
-sold 'puajap 0) UOi)eollqo JO fd'i'qell ~ue 5U1pnpUI 'a)EuIWJal
lIe4s ~JlIod a41 Japun pamsul a41 01 SUOIjEOllqo s,~uedwoJ
a41 'a5ewep JO SSOllo 1001d paJlnbaJ ~41 apl^old olluewlelJ
pamsUI a41 10 amllel a41 ~q paJlpnlaJd SI Auedwo:) a4111
a5ewep JO SSOI a41)0 lunowe a415u11ElnJleJ)0 slseq a41 'alq
-Issod lualxa a41 01 'alels lIe4S pue a5ewep JO SSOllo slseq a41
SNOllVlndllS ONV SNOllI0NO~
. , . '31111 ~O 3:JNVA3^NO:J
I:IH~V 3:JNVl:lnSNI ~O N0I1VnNI1NO:J 'Z
'allll alqela~lew 10 ~Ja^lIap a41 5uIJlnbaJ
UOi)lpUOJ IEnlJeJ1UOJ E )0 anlJI^ ~q aSE4Jmd 01 uOlle5ljQa
a41 WOJ) pasealaJ aq 01 \;I alnpa4JS UI paqlDSap lSaJalul
JO aIEl sa a41)0 JaSE4JJrld E allljua PlnoM 4J14^', 'a5eJa^oJ waJ)
paldaJxa 10 papnlJxa IOU 'puel a41 01 alIi) a41 5uI1Jalle Jallew
luaJEdde JO pa5alle ue ,..all'l a41 jO ~llllqEla~JEWUn, (51
palEJOI SI puel a41 4JI4M UI lJIJ1SIP a41
JO)IJilOJ PlJi:>IP salE1S pallun a4110~JaiJ a41 je spJoJaJ a41 UI
palll suall uOi)JalOJd IEluaWIIOJI^Ua apnlJUI oSle lIe4s ..spJoJaJ
JIIQnd" 'a5EJa^oJ IUOJj SUOISI1IJXj a41 10 (^liIEl ~ uOlpas
01 jJadsaJ 41lM 'a5palMou~ ln041lM OUE a111e^ 10) SJaS84J
-md 01 ~IJadoJd IEaJ 01 5uI1ElaJ SJallEW 10 aJI10U a^IjJoJjS
-UOJ 5UlPEdwI 10 asodJild a41 101 ^J'IOd 10 alPO Ie Sal01EjS
alelS Japun pa4S'Iqelsa spJOJaJ ,,,spJoJaJ Jllqnd" II)
lualllllllSul ~IIJilJaS Ja410
JO 'paap IsnJl ')5I1J) jO paap 'a5e51JOllI "a5E5polU.. (a)
~J'Iod SI41
Aq pamsul SI pUEI a41 WOJj PUE 01 SsaJJe jO lq51J E 4JI4M OJ
lUalxa a~lllw'I JO ~IIPOW lIe4s ulaJa4 5ululOU lnq 'SAeMJaleM
10 s~eM 'sauel 'sAalle 'sanua^e 'SpEOJ 'S1aaJ1S 5uIlloqe UI
luawasEa JO alelsa 'lsalalul 'allll '14011 ~UE IOU WI alnpa4JS
UI 01 palJajaJ 10 paqlJJsap EaJE a41 jO saul I a41 puo~aq
~lJadoJd ~UE apnlJul IOU saop "puel.. WJal a41~IJadold lEal
alnlllSUOJ MEI,\q 4JI4M 0laJa41 pax1IIE Sluawa^oJdwl PUE '(\;/)
alnpa4JS UI 01 pallalal JO paqlJJsap PUEI a41 "PUEI.. (p)
PUEI a41 5U1jJalle sJa)
-lew 10 aJl)ou a^IjJnllSuOJ IJedwl 4JI4M Sp10JaJ la410 ~UE JO
AJllOd SI41 UI pauljap SE spJOJaJ ,J'Iqod 041)0 UOSEaJ ~q pamsUI
UE 01 pall1dwl aq ~ew 4JI4M aJI10U JO a5palMou~ a^ljJl1l1SUOJ
lou'a5paIMOLJ~ IEI11Je..uMou~.. JO,a5paIMou~" IJ)
a5ewep
JO SSOI 5UIWIEIJ pamsul ue ',lueUJlelJ pamsul.. (q)
sJOSsaJJI1S ~JelJnpll 10 aleJodJOJ
JO 'UI~ )0 lxau 'Sa^i)EIUaSaJdaJ IEuOSlad 'SJO^'^Jns 'saaslAap
'saalnqlJ1S!P 'SJla4 '01 pallwlI IOU loq 'DUlpnlJUI aSe4JmC
W01) pa4sIo5uIlSIP se Mello uOl)eJado Aq pamsUI pawEU a4ljO
lsaJa)ul a41 01 paaJJns OuM aso41 'p2mSLJI paw8u a411su1e5e
pe4 a^E4 PlrlOM ~uedwoJ aUI sasualap 10 Sl451J ~ue OllJalqos
'pue '\;I alnpa4JS LJI pawEu pamsul a41 :..pamsul" IE)
ueaw ~Jllod SI41 UI pasl1 ua4M SWJal 5LJIMOII01 a41
'SWllH ~O NOIlINI~30 '~
'JOj!P,JjJ Ua!1 JO luawopnf e JO anlE^ JOI JaSELlJmd E 01 aJI10U lJedwl 01 UOIjEpJOJaJ LlJnS)O (!!)
JO :JajSUEJl )0 lUaWnJ1SUI aLll pJOJaJ Alawll 01 (!)
:aml!E) aLll WOJ) SllnsaJ JajSUEJ1IEI1UaJajaJd aLll aJaLlM ldaJxa JalSUEJl IEI1UaJajaJd E pawaap oUlaq AJIIOd S!Lll Aq pamsUI ISaJalUI JO alelsa aLll OU!IEaJJ UOlpESUEJl aLll (q)
JO :JajSUEJl lualnpnEJj JO aJUEAa^UOJ lualnpnEJj e pawaap oUlaq AJIIOd SILll Aq pamsul ISaJalUI JO alElsa aLll OUlleaJJ UOlpESUEJl aLll (e)
:uo pasEq s! lELll 'SMEI S140!J ,SJ01!paJJ JEI'WIS 10 'AJUa^IOSU!
alEls 'AJldnJ>juEq IEJapaj jO UOI1EJado aLll jO UOseaJ Aq 'AJIIOd S!Lll Aq pamsul ISaJalUl JO alElsa aLll pamsu! aLll U! OU!ISa^ UO!PESUEJl aLll jO lno SaS!JE LlJILlM 'WIEp AU'rj '17
'AJIIOd SILll Aq pamsUI ISaJalUI JO alElsa aLll JOI anlE^ p!Ed peLl lUEWIEP paJnsul aLlllI paulElsns uaaq a^ELl IOU PlnOM LlJILlM aOEWEp JO SSOI U! oU1llnSaJ (a)
JO :AJ!IOd jO aleo olluanbasqns palEaJJ JO OUILlJEllE (p)
:IUEWIEP pamsUl aLll 01 aOEwEp 10 ssol ou U! OUllInSaJ (J)
:AJIIOd SILll Japun pamsUI UE aWEJaq lUEWIEP pamsu! aLll alEp aLll 01 10ud lUEW!EP pamsUI aLll Aq
AUEdwoJ aLll 01 OUllUM UI pasopslp IOU pue luewlep pamsul aLll 01 UMOU>j lnq 'AJIIOd 10 aleo IE spJOJaJ J!lqnd aLll UI papJOJaJ IOU 'AUEdwoJ aLll 01 UMOU>j IOU (q)
:jUEW!ep pamSU! aLll Aq 01 paaJOE JO pawnSSE 'paJajjns 'palEaJJ (E)
:SJallEW JaLllO JO SWIEP aSJa^pE 'SaJUEJqwnJUa 'SUa!1 'spalao 8
'aopalMou>jlnoLlllM anlE^ 101 JaSELlJmd E jO Sl40lJ aLll uo OUIPU!q aq PlnoM LlJILlM AJIIOd )0 alE 0 01 JOud paJmJJo SEll LlJILlM
OUI>jEl AUE aOEJa^OJ WOJj OUlpnlJXa IOU lnq 'AJIIOd jO alEO IE spJoJaJ J!lqnd aLll UI papJoJaJ uaaq SEll jOaJaLll as!JJaxa aLll )0 aJI10U ssalun U!EWOP lUaU!Wa )0 SILlOI!:j '(;
AJIIOd )0 alEO IE spJoJaJ Jllqnd aLll UI papJoJaJ uaaq SEll PUEI aLll OUlpajjE U0I1E101^ paoallE JO UOI1EI0!^ E WOJ) OUllInSaJ
aJUEJqwnJUa JO uall 'pajap E jO aJ!IOU E JO )oaJaLll aSIJJaxa aLll jO aJI10U E lELlllualxa aLll 01 ldaJxa 'aMqE (e) Aq papnpxa IOU JaMod aJllod IE1UaWUJa^00 AU'rj (q)
'AJllOd jO alEO IE spJoJaJ Jllqnd aLll UI papJoJaJ uaaq SE4 pUEI aLll 5UlpajjE U011E101^ paoallE JO UOIjEIO!^ E WOJj OUllInSaJ aJUEJqwnJUa JO uall 'pajap E
jO aJ!IOU E JO joaJaLll lUaWaJJo)ua aLll jO aJI10U E lELll lU<Jlxa aLll 01 ldaJxa 'SUOIjElnOaJ IE1UaWUJaMO JO saJUeUlp10 'SMEI asaLll jO uOllelol^ AUE )0 pajja aLll JO
'uOlpalOJd IE1UaWUOJ!^ua (^I) JO :IJEd E SEM JO S! pUEI aLll LlJILlM jO laJJEd AUE JO PUEI a41 jO EaJE JO suo!suaw!p aLll UI aOUELlJ e 10 d!LlSJaUMO UI UOIleJEdas E (!!!)
:PUEI aLll uo papaJa JaljEaJaLl JO MOU lUaWa^oJdwl AUE )0 U0I1EJOI JO suolsuawlp 'JapEJELlJ aLll (II) :PUEI aLll )0 luawAolua JO 'asn 'AJUEdnJJo aLll (!) 01 OU!IElaJ JO
OUljlq!LlOJd 'ouI1ElnOaJ 'OUlpIJ1SaJ (sUOIjElnOaJ 10 'SaJUEU!p1O 'SMEI OUIUOZ pUE oUlPllnq 01 pallW!1 IOU lnq OUlpnIJUI) UOIjElnOaJ IE1UaWUJaMO JO aJUEUlpJO 'MEI AU'rj (E) '~
:)0 UOSEaJ Aq
as!1E LlJ!LlM sasuadxa JO saaj ,sAaUJolle 'SISOJ 'aoEwEp JO SSOI AEd IOU 111M AuedwoJ aLll pUE AJ!IOd S!Lll )0 aOEJaMJ aLll WOJj papnpxa AISSaJdxa aJE SJallEW OUIMOIIOj a41
38Vtl3^OJ V'JOtl:J SNOISnlJX3
~- ~ "
'i' " i
-;
" .
.' ...,
Schedule A for use with Owner's Policy
Attorneys' Title Guaranty Fund, Inc.
~ -~
-~... -...~
',C:
SCHEDULE A
Agent's File No:
561
, Policy No, GF-OP-53901
Amount of Insurance:" $ 5 0 , 0 0 0 ~ 00
Date of Policy:
January 22,2003 4:00 P.M.
~'~
1, Name of Insured: AUGUSTA, GEORGIA, a political Subdivision of the State of Georgia
2, The estate or interest in the land described herein and which is covered by this policy is an estate or interest designated as
follows:
Fee Simple
3, Title to the estate or interest referred to herein is at the Effective Date of this Policy vested in the Insured.
4. The land herein described is encumbered by the following mortgage and assignments, if any: None
"
'.
And the mortgages, if any, shown in Schedule B hereof,
5. The land referred to in this policy is in the State of
and is described as follows:
Georaia
County of
Richmond
All that parcel of land, lying and in Richmond County, Georgia, in the 1269'h G.M.D., consisting of
approximately 4.1 acres located between Ingleside Drive and the centerline of Rae's Creek. The above-
described property begins at a point on Berckmans Road and extends West to the South fork of Rae's Creek.
This property is composed of two smaller tracts, which are more specifically designated as Tract "B" and
"Scales and Rice" as shown on a plat prepared by Cranston & Associates, dated June 23, 1966, revised
February 20, 1929, and also on March 29, 1969, and recorded in the Office of the Clerk of the Superior
Court of Richmond County, Georgia in Realty Book 36-K, pages 499-500. Reference is hereby made to said
plat for a more specific description~ of the property herein conveyed. This is the same property described in .
that Security Deed of James Davison to Katherine M. Davison of April 12, 1990 recorded in the Office of the
Clerk of Richmond Superior Court in Realty Reel 504, page 460, which is incorporated herein Agreement of.
July 1, 1996, recorded in said Clerk's Office in Realty Reel 528, page 1583 which was judicially. foreclosed
by the aforesaid judgment.
By:
.-
.'-..'
:.'
Schedule B For Use With Owner's Policy
Attorneys' Title Guaranty Fund, Inc.
SCHEDULE B
Agent's File No: 561
Policy No, GF-OP-53901
~
,
.,
r:.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses which arise by
reason of the following exceptions:
General Exceptions:
1, Rights or claims of parties in possession not shown by the public records,
2. Easements, or claims of easements, not shown by the public records,
3, Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor
inspection of the premises.
, 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown
by the public records.
5, Any adverse claim to any portion of said land which has been created by artificial means or has accredit to any such
portion so created and riparian rights, if any,
6, Taxes or special ,assessments which are not shown as existing liens by the public records,
Special Exceptions
7. The mortgage, if any, referred to in Item 4 of Sc~edule A.
8. The lien of all taxes for the year 2002, and all subsequent years,
.{;.
i ..
r.
The coverage of this policy,shall continue in lorce as of Date
01 Policy in lav'or 01 an insured only so'long as the Insured
, retains ar. estate or interest in the land, or holds an indebted-
ness secured by a purChase money mortgage given by a
purchaser Irom the Insured, or only so long as the insured shall
have liability by reason 01 covenants of warranty made by the
Insured In any transler or conveyance 01 the estate or interest.
This policy shall not continue in force in favor 01 any purchaser
from the Insured of either II) an estate or interest in the land or
(ii) an indebtedness secured by a purchase money mortgage
given to the Insured,
3. NOTICE OF CLAIM TO BE GIVEN BY
INSUREO CLAIMANT,
, The insured shall notify the Company promptly in writing (I)
10 case of any litigatIOn as set forth in Section 4(a) below, (ii) in
case knowledge shall come to an insured hereunder of any
claim of title or IOterest which is adverse to the title to the
estate or interest, as insurer1, and which might cause loss or
damage for,whlch the Company may be liable by virtue of this
POliCY, or (III) If title 10 the estate or interest, as insured, IS
rejected as unmarketable If prompt notice shall not be given to
the Company, then as to the insured all liability of the Com-
pany shall terminate with regard to the matter or matters for
which prompt notice is required: provided, however, that
lallure to notify the Company shall in no case prejudice the
rights of any Insured under this policy unless the Company
shall be prejudiced by the failure and then only 10 the extent of
the prejudice,
4, DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO COOPERATE,
(a) Upon writtenrequest by the insured and subject to
the optIOns contained In SectIOn 6 of these Conditions and
Stipulations, the Company, at its own cost and without unrea-
sonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to
the title ',:;r interest as insured, but only as to those staled
causes of action alleging a defect, lienor encumbrance or other
matter insured against by this policy, The Company shall have
the right to select counsel of its choice (subject to the right of
the insured to object for reasonable cause) to represent the
Insured as to those stated causes of action and shall not be
liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by
the IOsured 10 the defense of those causes of action which
allege matters not insured against by this policy,
, ,(b) The Company shall have the right. at its own cost. to
IOstltute and prosecute any action or proceeding or to do any
other act which In ItS opinion may be necessary or desirable to
establish the title to the estate or interest, as insured, or to pre-
vent or reduce loss or damage to the insured, The Company
may take any appropriate action under the terms of this pOlicy
whether or not It shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy
If the Company shall exercise Its rights under this paragraph
it shall do so diligently, '
, (c) Whenever the Company shall have brought an
actlOnor mterposed a deiense as required or permitted by the
proVISions of ,hiS poliCy, the Company may pursue any litiga-
tion to frnal determination by a court of competent juriSdiction
and expressly reserves the right, in its sole discretion, to'
appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of,any action
or proceedrng, the rnsured shall secure to the Company the
rrghtto so prosecute or proVide defense in the action or pro-
ceeding, and all appeals therein, and permit the Company to '
use, at ItS option, the name oj the insured for this purpose
Whe~ever requested by the Company, the insured, at the Com-
pany s expense, shall give the Company all reasonable aid (i)
In any action or proceeding, securing eVidence, obtaining wit-
nesses, prosecutrng or defendrng the action or proceeding, or
effectrng settlement, and (II) rn any other lawlul act which in
the oprnlon of the Company may be necessary or desirable to
establish the title to the estate or interest as insured, If the
Company is prejudiced by the failure 01 the insured to furnish
the required cooperation, the Company's obligations to the
rnsured under the poliCy shall termrnate, including any liability
or obligatIOn to defend, prosecute, or continue any litigation,
With regard to the matter or matters requiring such coo;Jeration,
5. PROOF OF LOSS OR DAMAGE,
In addition to and after the notices required under Section 3
of these Conditions and Stipulations have been provided the
Company, a prool of loss or damage signed and sworn to by the
rnsured claimant shall be furr1lshed to the Company within 90
days after the insured claimant shall ascertain the facts giving
rise to the loss or damage" The proal of loss or damage shall
descrrbe the defect In, or lien or encumbrance on the title or
other matter insured against by thiS pOlicy which constitutes
tender of payment and which the Company is obligated to pay,
, , ,(II) upon th,e exercise by the Company of this option,
allllabllity and obligations to the insured under this policy,
other than to make the payment required, shall terminate
including any liability or obligation to defend. prosecute, or
continue any litigation, and the policy shall be surrendered to
the Company for cancellation,
(b) To Payor Otherwise Settle With Parties Other than,
the Insured or With the Insured Claimant.
, (i) to pax or otherwise settle with other parties for or
10 the r.Jme of an rnsured claimant any claim insured against
under thiS policy, together with any costs, attorneys' fees and
expenses Incurred by the rnsured claimant which were
authorized by the Company up to the time of payment and
which the Company is obligated to pay: or
(ii) to payor otherwise settle with the insured claim-
ant the loss or damage provided for under this policy, together
With any costs, attorneys' fees and expenses incurred by the
insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated
to pay,
Upon the exercise by the Company of either of the options
prOVided for In paragraphs (b)(i) or (ii), the Company's obli-
gations to the rnsured under this policy for the claimed loss or
damage, other than the payments required to be made, shall
termrnate, rncludrng any liability or obligation to defend, pros-
ecute or continue any litigation
7, DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE,
ThiS policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the insured
claimant who has suffered loss or damage by reason of mat-
ters rnsured against by this policy and only to the extent herein
described,
(a) The liability of the Company under this pOlicy shall
not exceed the least of:
(i) the Amount of Insurance stated in Schedule A or
(ii) the difference between the value of the insu'red
estate or Interest as insured and the value of the insured
estate or interest subject to the defect. lien or encumbrance
insured against by this policy,
, (b) In the event the Amount of Insurance stated in
Schedule A at the Date of Policy is less than 80 percent of the
value of the insured estate or interest or the full consideration
paid for the land, whichever is less, or if subsequent to the Date
oj PoliCY an Improvement is erected on the land vlhich in-
creases the value of the insured estate or interest by atleasl
20 percent over the Amount of Insurance stated in Schedule A
then this Policy is subject to the following: '
(I) where no subsequent improvement has been
made, as to any partial loss, the Company shall only pay the
loss pro rata in the proportion that the amount of insurance at
Date of Policy bears to the total value of the insured estate or
Interest at Date of Policy: or (ii) where a subseiluent
Improvement has been made, as to any partial loss, the Com-
pany shall only pay the loss pro rata in the proportion that 120
percent 01 the Amount of Insurance stated in Schedule A bears
to the sum o~ the Amount of Insurance stated in Schedule A and
the amount expended for the il:lprovement.
The pr~visions of fhisparagraph shall not apply to costs,
attorneys fees and expenses for which the Company is liable
under thiS poliCy, and shall only apply to that portion of any
loss which exceeds, in the aggregate, 10 percent of the
Amount of Insurance stated in Schedule A
,(c) The Company will pay only those costs, attorneys' fees
and expenses Incurred In accordance with Section 4 01 these
Co~ditions and Stipulations,
8, APPORTIONMENT.
If the land described in Schedule (A)(C) consists of two or
more parcels which are not used as a single site and a loss is '
established affecting one or more of the parcels but not all, the
loss shall be computed and settled on a pro rata basis as if the
amount of IOsurance under this pOlicy was divided pro rata as
, to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to
, Date of POliCY, unless a liability or value has ctherwise been
agreed upon as to each parcel by the Company and the insured
at the time of the Issuance of this policy and shown by an ex'
press statement or by an endorsement attached to this policy,
9, LIMITATION OF LIABILITY,
(a) If the Company establishes the title, or removes the
alleged defect, lien or encumbrance, or cures the lack of a right
of access to or from the land, or cures the claim of unmarket-
ability of title, ~II as insured, in a reasonably diligent manner by
any method, IOcludlng litigation and the completion 01 any
appeals therefrom, It shall have fully performed its obligations
With respect to that matter and shall not be liable for any loss
or damage caused thereby,
~, 'i'
the Coml'any unaffecfed by any ~ct 'Of the insured claimant.
The C"mpany shci,1l be subrogated to and be entitled to all
rights and remedies which the insured claimant would have
had against any person or property in respect to the claim
had this pOlicy not been issued, If requested by the Com-
~any, the insured claimant shall transfer to the Company all
rrghts and remedies against, any person or property
necessary 10 order to perfect thiS fight of subrogation, The
insured claimant, shall permit the Company to sue. com-
promise or settle rn the name of the insured claimant and to
use the name of the insured claimant in any transaction or
litigation rnvolvrng these rights or remedies,
If a payment on account of a claim does not fully cover the
loss of the insured claimant, the Company shall be sub-
rogated to these rights and remedies in the proportion which
the Company's payment bears to the whole amount of
the loss,
If loss should result from any act of the insured claimant
as stated above, that act shall not void this policy, but the
Company, 10 that event, shall be required to pay only that
part 01 any losses rnsured against by this pOlicy which shall
exceed the amount. if a~y, lost to the Company by reason of
the Impairment by the rnsured claimant of the Company's
right of subrogation,
(b) The Company's Rights Against non-Insured
Obligors,
, The Company's right of subrogation against non-
rnsured obligors shall exist and shall include, without limita-
tion, the rr~hts of the insured to indemnities, guaranties;
other poliCies .of IOsurance or bonds. notwithstanding any
terms or conditions contarned Ir1 those instruments which
provide for subrogation rights by reason of this policy,
14, ARBITRATION.
Unless prohibited by applicable law, either the Company
or the Insured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration
Association, Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company
and the IIlsured allslng out of or relating to this policy, any
service of the Company in connection with its issuance or
the breach of a policy provision or other obligation, All
arbitrable matters when the Amount of Insurance is
$1,000,000 or less shall be arbitrated at the option of either
the Company or the insured, All arbitrable matters whell the
Amount of Insurance is in excess of $1,000,000 shall be
arbitrated only when agreed to by both the Company and the
IIlsured, Arbitration pursuant to this policy and under the
Rules In effect on the date the demand for arbitration is made
or, at the option of the insured, the Rules in effect at Date of
Policy shall be binding upon the parties, The award may
IIlclude attorneys' fees only if the laws of the state in which
the land is located permit a court to award attorneys' fees to
a prevailing party, Judgment upon the award rendered by the
Arbltrator(s) may be entered III any court having juris-
diction thereof,
The law of the situs of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules,
A copy of the Rules may be obtained from the Company
upon request.
15, LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT,
(a) This policy together with all endorsements, if any.
attached hereto by, \he Company is the entire policy and con-
tract between the IIlsured and the Company, In interpreting
any provIsion of this ;Jolicy, this policy shall be construed as
a whole,
(b) Any claim of loss or damage. whether or not based
on negligence, and which arises out of the status of the title
to the estate or interest covered hereby or by any action as-
sertlOg such claim, shall be restricted to this policy,
(c) No amendment of or endorsement to this policy
can be made except by a writing endorsed hereon or
attached hereto signed by either the President, a Vice Presi-
dent, the Secretary, an Assistant Secretary, or validating
officer or authorized signatory of the Company,
16. SEVERABILITY.
In the event any provision of the policy is held invalid or
unenforceable, under applicable law, the policy shall be
deemed not to IIlclude that provision and all other provisions
shall remain in full force and effect.
17. NOTICES. WHERE SENT,
All notices required to be given the Company and any
statement III wrrtlllg requlled to be furnished the Company
shall IIlclude the number .of this policy and shall be
addressed to the Company at114 East Fifth Street, Santa
Ana, California 92701, or to the office which issued this
POliCY,
-.
1~\1{; ,
_(r1 ~/
MEMORANDUM
AUGUSTA-RICHMOND COUNTY
PLANNING COMMISSION
GEORGE A. PATTY
EXECUTIVE DIRECTOR
J. RANDAL HALL
CHAIRMAN
525 TELFAIR STREET
AUGUSTA, GEORGIA 30901
PHONE: (706) 821-1796
FAX: (706) 821-1806
www.co.richmond.ga.us/planz
TO:
George Kolb
George A. Patty ff1
FROM:
SUBJ:
Greenspace Contract
DATE:
November 13, 2002
Enclosed you will find a contract to purchase a 4.1 acre tract located on Rae's Creek just
upstream from Berckmans Road. The tract was offered for sale to the City previously,
but we declined to purchase it due to the asking price of approximately $120,000. The
Commission authorized an appraisal and it indicated that the value was in fact
approximately $120,000, although there were some caveats due to uncertainty about the
floodplain, The property is now controlled by other members of the Davison's family and
the Land Trust has secured a contract with them, subject to execution by the
Commission, for $50,000.
This is a highly visible tract that has legitimate flooding history. Unfortunately, the flood
maps provided by the Corps of Engineers, which are essentially law, indicate that the
property could possibly be developed if engineering studies were conducted and
precautionary construction measures were taken. This would be a mistake and
ultimately it would prove to be detrimental to the community.
Deke Copenhaver of the Land Trust and I recommend that the Commission approve the
purchase of the property. It does not add much land to our Greenspace inventory but it
conforms to our Community Program and we feel that it would be money well spent.
GAP/sw
ENC
"'_.~. -. -
REAL ESTATE SALES CONTRACT
THIS AGREEMENT, made and entered into this 7th day of November 2002,
between and among
Katherine M. Davison
hereinafter referred to as the
"Seller"; and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia,
hereinafter referred to as the "Buyer".
WI T N E SSE T H:
(1) For value received Seller has agreed to sell and Buyer has agreed to
buy on the terms and conditions hereinafter set forth the property described as follows:
All that parcel of land, lying in Richmond County, Georgia, in the 1269th
G.M.D., consisting of approximately 4.1 acres located between Ingleside Drive and the
center line of Rae's Creek. The above described property begins at a point on Berckmans
Road and extends West to the South fork of Rae's Creek. This property is composed of
two smaller tracts, which are more specifically designated as Tract "B" and "Scales and
Rice" as shown on a plat prepared by Cranston & Associates, dated June 23, 1966,
revised and recorded in the Office of the Clerk of the Superior Court of Richmond County,
Georgia in Realty Book 36-K, Pages 499'-500. Reference is hereby made to said plat for a
more specific description of the property herein conveyed. This is the same property
described in that Security Deed of James Davison to Katherine M. Davison of April 12,
1990 recorded in the office of the Clerk of Richmond Superior Court in Realty Reel 504 .
page 460, which is incorporated herein by reference thereto, and in that Modification
Agreement of July 1, 1996, recorded in said Clerk's office in Realty Reel 528 page 1583
which was judicially foreclosed by the aforesaid judgement.
(2) The purchase price of the property shall be fifty-thousand dollars
($50,000.00) payable in cash at closing.
(3) The purchase and sale of this property shall be closed on or before
December 16. 2002, and possession of the property shall be delivered to Buyer at
~
~.
..
closing.
(4) Seller agrees to furnish marketable title to said property and agrees to
convey said property by general warranty deed to the Buyer at the time the sale is
consummated, subject only to:
(a) Covenants and restrictions of record not violated by existing
improvements or u~e of the property;
(b) Zoning ordinances not violated by existing improvements or use
of the property.
(5) Buyer shall furnish to Seller a written statement of objections affecting
the marketability of said title at least ten (10) days prior to the date set for closing. If the
Seller shall be unable to convey title in accordance with the provisions of this contract as a
result of the property being affected by any encumbrance (other than taxes), outstanding
interests or questions of title not expressly consented to by the Buyer which render the
Seller's title to the property unmarketable, and which may according to reasonable
expectation be removed within thirty (30) days, the Seller shall have the privilege to
remove or satisfy the same and shall for this purpose be entitled to an adjournment ofthe
closing of title for a period not exceeding fifteen (15) days. The Buyer shall not be
required to bring any action or proceeding or otherwise incur any expense to render the
title to the premises marketable. The Buyer may, nevertheless, accept such title as Seller
may be able to convey, without reduction of the purchase price or any credit against same
and without liability on the part of the Seller.
2
..
~'
(6) Time is of the essence of this contract, and Seller and Buyer agree
that such papers as may be legally necessary to carry out the terms of this contract shall
be executed and delivered by the parties at the time this sale is consummated.
(7) Seller shall pay all liens, encumbrances, water charges and the like
on said property. Buyer is to pay for the examination of title, intangible tax, and
preparation of all instruments necessary to close this sale.
,,,J
t-- ~ ~ ~~ ~..~~~ Unpaid taxes on property~ k ~@)
(9) This contract is contingent upon approval of the purchase by the \\
Augusta-Richmond County Commission with Community Greenspace Funds for inclusion
in the Augusta-Richmond County Community Greenspace Program.
(10) Seller agrees to have all personal property removed from premises
?
three (3) days prior to closing.
(11) This contract constitutes the sole and entire agreement between the
parties, and no modification to this contract shall be binding unless such modification is in
writing signed by all parties hereto. Any representations, promises or inducements not
included in this contract shall not be binding upon any party hereto. All rights, powers,
privileges and duties granted or assumed shall inure to the benefit of and shall be binding
upon any and all successors, assigns and personal representatives of the parties hereto.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands
3
. ~-'
.'
and seals the day and year written above.
SIGNED, SEALED AND DELIVERED
in the presence of:
~. ~-
Y\ A JNI ~ r--'
(U icial Witn s)
4' NOTA . ':~. ~-" L ,
~'~ ,..~MY\GQMMISSION EXPIRES
-' ~ -~ % ~.:.lO -O~
: ".*" ~ -; ~ =
... :"":' "- ,\... -
:. -::..... ....... .0- -~_~ '..~....f
...... '....r-
/:--..... ..,--" <'\ " ,,":--
......-::-- ~.,....,,-;;,"'.........,'
.... ",. :.- ...,......'-".'
SIGNED, SEALED AND DELIVERED
in the presence of:
~~~kJ ffl~
(Unofficial Witness) u r
. . -'" ., ~
_'. ~ <1", ' - . /
.'~'<' 0.,0 : .'
't;ta:,tf/&J''V?t9'i~ ;
~OJ.:~R' '~=u.aLIC,~ -1
MY"e.OMMISSIQN~EXPIRES
.. ,..... J....... -:'\.. "\ v....... :
Noia'tPubllC: Columbta,"CPunty. Georgia
My ,omn~lIsslql).E~'pIrl{'S !-\ug. I, ;,/UUb
- --"-r..L..;..~~:-_/
By4Jk:;..~ ~~ (L.S.)
AUGU
By
4
/t
/'
"
Return to:
'!:~ :A_ . ; Mr, Harry 0, Revell
, ~:~, "--:::-. '" ..,454 Greene Stre€;'!
.' . \AuQusta, GA 30901,
I
(
\
\
"
\
\
Book 008340481 AugustCil - Richmond County
20030023060112212003 112S\25,OO' .
$000 DECLARATION RESTRICTIVE COVENA
~ IlililllillllilillllUillilUilllillllilllllllliiiiliiliilll' --.
2003002306 Augusta - Richmond County
'"
STATE OF GEORGIA
COUNTY OF RICHMOND
DECLARATION OF RESTRICTIONS AND COVENANTS )
This declaration is made this ;;/1 day of Su?~~2002, by
AUGUST A, GEORGIA, a political subdivision of the State of Georgia (hereinafter
/
referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant owns the property described on Exhibit "A" attached
hereto and made a part hereof (the "Property") which property was acquired from
Katherine M. Davison by deed dated Qoleo--..~.... \ ~ , 2002, and recorded in the Office
of the Clerk of Superior Court of Richmond County in Realty Book~, pagesJ5~3' 15:6;
and
WHEREAS, the Property was acquired with Grant- Funds pursuant to the Georgia
Greenspace Program Grant Award Agreement dated June 12, 2001, by and between
i!" ,
the State of Georgia, Department of Natural Resources, and Augusta, Georgia,
(hereinafter the "Agreement"); said Agreement being filed of record in the Office of the
Clerk of the Superior Court for Richmond County, Georgia at Realty Book 755, pages
935-947; and
WHEREAS, Augusta, Georgia has designated the Property as Greenspace
Property and has promised, inter alia, to operate and maintain such Property in such a
manner as to achieve one or, mor~ of the nine statutory goals of the Georgia
Greenspace Act (O.C.G.A. 936-22-1, et seq.) including, protecting or enhancing water
1
~
'"
"
~ "
~
'7-....=
Book 00834:0482' Augusta - Richmond County
2003002306.01/2212003 11 :29:25.00
quality, providing flood protection, providing natural habitat and corridors for native plant
and animal species, protecting archaeological and historic resources, providing passive
recreation, or providing connective links between lands contributing to the goals of the
Georgia Greenspace Act, and Declarant agrees to restrict the user of the Property as
provided herein.
NOW, THEREFORE, for and in consideration of Ten and no/100 Dollars ($10.00)
and for other good and valuable consideration, including the receipt of said Grant funds,
the receipt and adequacy of which is hereby acknowledged and intending to be legally
bound, Declarant does hereby subject the property to the covenants, restrictions and
rights herein stated:
1. Definitions. For' purposes of this Declaration, the following terms shall
have the following meanings, unless the context requires otherwise:
(a) "Con.servation Easement" means a non-possessiary interest of a
holder in real property imposing limitations or affirmative
obligations, the purposes of which include retaining or protecting
natural, scenic, or open-space values of real property; assuring its
availability for agricultural, forest, recreational, or open-space use;
protecting natural resources; maintaining or enhancing air or water
quality; or, preserving the historical, agricultural, archaeological, or
cultural aspect of real property.
(b) "Georgia Greenspace Act" shall mean a.c.G.A. 36-22-1 936-22-1,
et seq.
2
"
Book 008340483 .;-.ugu~ta - Ricl:)mond Qounty
2003002306,01/22/2003 11 :29:25.00
~
(c) "Grant Agreement" shall mean that certain Georgia Greenspace
Program Grant Award Agreement dated June 12, 2001, by and
between the State of Georgia, Department of Natural Resources,
and Augusta, Georgia.
(d) "Greenspace" shall mean permanently protected land and water,
including agricultural, and forestry land whose development rights
have been severed from the property, that is in its undeveloped,
natural state and that has been developed only to the extend
consistent with, or is restored to be consistent with, one or more of
the following goals:
1), Water quality protection for rivers, streams, and lakes;
2) Flood protection;
3) Wetlands protection;
4) Reduction of erosion through protection of steep
slopes, areas with erodable soils, and stream banks;
5) Protection of riparian buggers and other areas such
as marsh, hammocks that serve as natural habitat
and corridors for native plant and animal species;
6) Scenic protection;
7) Protection of archaeological and historic resources;
8) Provision of recreation in the form of voting, hiking,
camping, fishing, hunting, running, jogging, biking,
walking, skating, birding, riding horses, observing or
3
.
. '.
.. \ ~.
'.
Book 008340484 Augusta.- Richrnond Cpunty
2003002306 .01/22/2003 11 :29 :25.00
photographing nature, picnicking, playing non-
organized sports, or engaging in free play; and
9) Connection of existing or planned areas contributing
to the goals set out in this paragraph.
Public access is not necessary for property to be counted as
Greenspace. '
(e) "Land Trust" shall mean Southeastern Natural Sciences Academy
Land Trust, Inc., a nonprofit corporation organized and existing
under the laws of the State of Georgia, its succe~sors and assigns.
2. Conservation Easement. Grantor hereby subjects said Property to a
Conservation Easement that ensures that the land will be maintained as
Greenspace as defined in the Rules for the Georgia Greenspace Program,
Rule 391-1-4-.01, et seq., incorporated herein by reference, in effect at the
time of this Declaration.
3. Use. The operation, use and maintenance of the Property, and any
improvements, shall be subject to and shall comply with the Conservation
Easement.
4. Covenants Running with the Land. Declarant acknowledges and agrees
that the Conservation Easement is appurtenant to and runs with the land,
and shall be binding and ,enforceable against Declarant, its successors
and assigns, and any Trustee appointed to manage the Property.
The Conservation easement shall inure to the benefit of the State of Georgia, the
Land Trust, and their respective successors and assigns, and shall be enforceable by
4
~ -
'.
Book 00834:0485 f\ugu~ta - Ric~mond younty
2003002306 01/22/2003 11 :29:25.00
. ~ 1 'tt. '..
~
the State of Georgia, its agents or assigns, and Land Trust, its successors and assigns,
in the Superior Court of Richmond County, Georgia.
5. Severability. In the event that any of the provisions contained in this
Declaration shall for any reason held to be invalid, illegal or unenforceable
in any respect in a final ruling or judgment of a court of competent
jurisdiction from which no appeal has been or can be taken, the remainder
of the Conservation Easement shall not be affected thereby and each
term, covenant, condition and provision hereof shall remain valid and
enforceable to the fullest extent permitted by law.
6. General Provisions.
(a) Headings. The use of headings, captions and numbers in this
Declaration is solely for the convenience
(b) Non-Waiver. Failure by any party to complain of any action, non-
action or breach of any other party shall not constitute a waiver of
any aggrieved parties' right hereunder. Waiver by any party of any
right arising from any breach of any other party shall not constitute
a waiver of any other right arising from a subsequent breach of the
same obligation or for any default, pass, present or future.
(c) Time is of Essence of This Declaration.
(d) Applicable Law. ,This Declaration shall be governed by,
constructed under, and interpreted and enforced in accordance with
the laws of the'State of Georgia.
, -
5
-,'. -
'.
"
Book 0083404~6 Augusta - Richmond County
2003002306'01/22/2003 11 :29:25.00
~, t
,"!,. '..
..
(e) Venue. Any action to construe or enforce this Covenant shall be
filed in the Superior Court of Richmond County, Georgia.
IN WITNESS WHEREOF, Declarant has signed and sealed this Declaration, on
the day, month and year first above written.
DECLARANT:
By:
ATTEST:
By:
....... '. ... ..',\',~' .:....,.....,;.;' ': ..<.... ~:
<1 '.," '.'
.'\ "
J ~: I) ~~~~\....,
Signed, Sealed and Delivered in
The presence of:
'~J~~ IV Jn~~
Wlmes~L l.dJ/< '
~i~'~':-..~m ~.
~:' ~ ~"L~'" - .:? ': :". ~j. -'
:Nofary P lic ,,-s.'~-~, '
~..:.: ;::).' -.:: c;o:;q.:....~t!~......" . . ~ '"
'~~~~o. nd~CoMn, tt<~e, b~giaNotary PUbl.iC..colum~ia.count'J, Georgia
Mw.Coffi'~!.sSio~5''5:pires: My CommissIon ExpIres Aug. 1. 2006
.....,....~J~"J",.,..., _ ..~~,'/...'"
'-'. r l,<" r;~'~ Y"/'
,......_'_..~_.,:"~~~.,.,>;....~;T.....
6
,~
, ..~..
~'! ..:~ .':.. t,. .
"
.... - ....
Book 00834:0487 A,ugusta - Richmond County
2003002306 01122/2003 i 1 :29:'25.00
EXHIBIT "A"
All that parcel of land, lying in Richmond County, Georgia, in the 1269th G.MD.,
consisting of approximately 4.1 acres located between Ingleside Drive and the center
line of Rae's Creek. The above described property beings at a point on Berckmans
Road and extends West to the South fork of Rae's Creek. This property is composed of
two smaller tracts, which are more specifically designated as Tract "B" and "Scales and
Rice" as shown on a plat prepared by Cranston & Associates, dated June 23, 1966,
revised and recorded in the Office of the Clerk of the Superior Court of Richmond
County, Georgia in Realty Book 36-K, Pages 499-500. Reference is hereby made to
said plat for a more specific description of the property herein conveyed. This is the
same property described in that Security Deed of James Davison to Katherine M.
Davison of April 12, 1990 recorded in the Office of the Clerk of Richmond Superior
Court in Realty Reel 504, page 460, which is incorporated herein by reference thereto,
and in that Modification Agreement of July 1, 1996, recorded in said Clerk's Office in
Realty Reel 528, page 1583 which was judicially foreclosed by the aforesaid judgment.
!
"
Filed in this office:
Augusta - Richmond County
n11')?/?nm 11')Q?<1 nn
r---EI~i~~-C Johnson