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HomeMy WebLinkAboutGeorgia Greenspace Grant Award Agreement Augusta Richmond GA DOCUMENTNAME:,Gt>O~O- G'e=~"-~e , . ,U 5e~er\~ DOCUMENT TYPE: TI eex'(\ e-rvt YEAR:OL1 BOX NUMBER: 23 FILE NUMBER: '1-1330 NUMBER OF PAGES:~ Grunt Ac..Oo..rcl ~~ ~ I::AW 6~FItES L .\ SHEPARD, PLUNKETT, HAMILTON, BOUDREAUX & TISDALE, LLP A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS STEP~E.SHEPAJtD,p.e. JAMES T. PLUNKEIT DANIEL W. HAMILTON, P.e. TODD BOUDREAUX, p.e. J. ANDREW TISDALE, p.e. LAMONT A. BELK AUGUSTA OFFICE: 701 GREENE STREET, SUITE 104 AUGUSTA, GA 30901 (706) 722-4111 (706) 722-6200 (706) 724-6597 (706) 722-4817 FAX COLUMBIA COUNTY OFFICE: 207 N. BElAIR ROAD EVANS, GA 30809 (706) 869-1334 (706) 869-9464 FAX PAUL K. PLUNKETT (1922 -1998) REPLY To: Augusta Office July 30, 2004 Via FedEx State of Georgia, Department of Natural Resources 20.5 Butler Street; Suite 1252 Atlanta, Georgia 30334 Via Hand Delivery Augusta, Georgia c/o Lena Bonner, Clerk of Commission City-County Municipal Building; Room 806 530 Greene Street - - .f\.~gust~, Georgia 3.0.21.1, RE: Georgia Greenspace Program Grant Award Agreement Elna Lombard, Sam P. Johnson, Barbara H. Johnson,' John Clements and Carol A Clements Our File No. AR-2004-l443 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 Elna A Lombard, Sam P. Johnson, Barbara H. Johnson, John Clements and Carol A Clements, said deed being dated June 29, 2004, and recorded at Realty Book 939, page 916, et seq, in said Clerk's office. The property conveyed, more particularly described in Exhibit "A" enclosed herev.rith, 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 arid conditions of the Agreement specifically in equity and at law; ,-:- ., ,- ~ ..' State of Georgia, Department of ""Natural Resources Augusta, Georgia July 30, 2004 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. Umecorded claims of liens for labor, materials and services furnished for the improvement of said propertY; 5. Compliance with any consumer protection, truth-in-lending 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 pnidentsearch; 7. All applic~ble zoning l<~ws, _ ordinances; regulations and all other 'govemmental""regulati0ns- 'pertaining.40-..the---use, -3ml,..,oGGupancy. ..oLthe property as'set forth"ill the Agreem-ent; -, , ' 8. Areas designated as 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) Final Title Policy; (2) the deed of conveyance; and (3) 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. ( ) State of Georgia, Department of "Natural "Resources Augusta, Georgia July 30,2004 Page Three of Three Pages Enclosures: Deed of Conveyance Declaration of Restrictions and Covenants Commitment for Title Insurarice Final Title Policy Exhibit A, Legal Description cc: George Patty, Planning & Zomng { . r.- 'I . \ ...-_. 4_ ...-. , I ,~ .. ,.; Book 00939:0928 Augusta - Ri~hmond Coun 200403403207/14/200416:11'1706 ty : $0,00 DECLARATION RESTRicTIVE C '_1111111 11111 1111,1 II!,',' 111,111111111I11 11111 11111 11111 1111 rIll aVENA I 111111 11111 1111I IIUl 11111 11111 1111I 11111 11111 11I11 illlllll- ,/ 2004034032 Augusta - Richmond County Return to: Stephen E. Shepard, County Attorney Shepard, Plunkett, Hamilton, Boudreaux & Tisdale, LLP 701 Greene Street, Suite 104 Augusta, Georgia 30904 STATE OF GEORGIA ) COUNTY OF RICHMOND ) DECLARATION OF RESTRICTIONS AND COVENANTS " This declaration IS made this 29th day of June, 2004, by AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "Declarant"). WITNESS ETH: \VHEREAS, Declarant owns the property described on Exhibit "A" attached hereto and made a pati hereof (the "Property") which property was acquired from Elna A Lombard by deed dated June 29, 2004, and recorded in the Office of the Clerk of Superior COUli of Richmond County in Realty Book 33!l., pages _~, 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 more of the nine statutory goals of the Georgia Greenspace Act (O.C.G.A. 936-22-1, et seq.) including, protecting or enhancing water quality, providing flood protection, providing natural habitat and corridors for native plant and animal species, protecting archaeological and bistoric 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 use of the Property as provided herein. ,. Book 00939:0929 Augusta - Richmond County 2004034032 07/14/2004 16: 11: 17.06 I"" ''___ u__ - --. _. -- ---- - __ ~ ._._ I' NOW, THEREFORE, for and in consideration of Ten and noll 00 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) "Conservation Easement" means a hon-possessory interest of a holder in real property imposing limitations or affinnative 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 ~36-22-1, et seq. ( 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 extent 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, , . " . .. " Book 00939:0930 Augusta - Richmond County 2004034032 07/14/2004 16:11 :17.06 I' 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 boating, hiking, campll1g, fishing, hunting, running, jogging, walking, skating, birding, riding horses, observing or photographing nature, picnicking, playing non-organized sports, or engaging in free play; and 9) Connection o[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 successors 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 operl;ltion, 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 1'- Book 00939:0931 Augusta - Richmond County 2004034032 07/14/2004 16: 11 : 17.06 " shall be enforceable by 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 [Tom 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. ( 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: ~tJ AUGU~A'REORGIA By ftM~ As Its: Ma or ,,- . ~' Book 00939:0932 Augusta - Richmond County 2004034032 07/14/2004 16: 11 : 17.06 ,~lJ By: .,.;.;,1 Signed, Sealed and Delivered in the pr~:s~nce 0) ~~r,k ~ ,1,') ~s,~,' :'", " '~U' , ' ,j'{)...,".' ., ,,',', " .:,~'-<-"' c'?:: ' . 't{ "'" .:Notary' " Irc;~SJai~ 6f Georgia ,,?;:,tVii:-CoItitiii1s1cihlExp,n'es:.- Notary Publ.iC',Colum~ia County, Georgia ,;,' ",'''; ,."...: ..,1,.;,,'" ,,,;:,:,,,:,,~,~'-:,/:;<,\"'.,~~':' My Commission Expires Aug. 1,2006 ,c" ~~,~'rt~~~1~jti~i>. "\. ~ ,- . Boole 00939:0933 Augusta - Richmond County 200403403207/14/2004 16:11:17.06 " 'i' , Exhibit A All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond containing 1 12 acres, more or less, as shown on a plat prepared for Mrs. R. H. Lombard, dated April 26, 1957 by Walton Flythe, C.E., which plat is recorded in the Office of the Clerk of the Superior Court of Richmond ' County, Georgia in Deed Book 24-M, page 187, reference being made to said plat for a more complete and accurate description of the metes, bounds, courses, distarices and location of said property. This being the same the property conveyed by A. O. Lombard to Mrs. Anne S. Lombard by instrument dated may29, 1957 and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Book 24-M, page 186. Filed in this office: Augusta - Richmond County 07/14/200416:11:17.06 ElalneC. Johnson--- Clerk of Superior Court "----.- ---",' " . o!:. June 29, 2004 CLOSING STATEMENT Of property being purchased this date by Augusta, Georgia from Elna A. Lombard, Sam P. Johnson, Barbara H. Johnson, John Clements and Carol A. Clements known as Lombard's Pond being comprised of Tract A containing 54.0 acres and Tract A-I containing 2.3 acres, for inclusion in the Augusta-Richmond County Community Greenspace Program. SELLER STATEMENT Sales Price: Less: Earnest Money: Balance: $184,752.06 $ 0.00 $ Reductions from Sales Price: Prorated Taxes: Georgia Transfer Tax: $ $ 0.00 0.00 Balance Due Seller: $184,752.06 PURCHASER STATEMENT Sales Price: Less: Earnest Money: Balance: $184,752.06 $ 0.00 $ Additions to Sales Price: Surveying Fee (POC): Title Insurance Premium (POC): Attorney fees (POC): $ $ $ 0.00 0.00 0.00 Balance Due From Purchaser: $184,752.06 NOTE: 1. Taxes for the year 2004 to be paid by Purchaser. 2. Seller and Purchaser hereby acknowledge that each has read and approved the foregoing Closing Statement and agree that it accurately reflects the substance of the financial aspects of the transaction and the parties hereby approve and direct the Closing Attorney to disburse the proceeds and expense of the sale and purchase in accordance with this Closing Statement. No responsibility is assumed by the Closing Attorney for the accuracy of the figures obtained from others. Seller and his agent, in receiving the 'I ; funds disbursed herein, release the Purchaser and the Closing Attorney from any claims against the funds disbursed herein and the assets which are the subject of this closing. Purchaser and Seller acknowledge that certain ancillary costs in the transfer shall be paid outside of closing. 3. Contemporaneous with this transaction, Elna A. Lombard is conveying by Quit-Claim Deed a 1.5 acre tract of land adjacent to the subject property and the Sellers noted above are conveying by Quit-Claim Deed a 1.14 acre tract of land adjacent to the subject property for no consideration. Purchaser shall cooperate with Sellers' effort to have such conveyances deemed charitable gifts. 4. This contract shall survive the Closing. ~4A..4llc.- Barbara H. Johnson John Clements , ~ ~a.~~ Carol A. Clements 2za AUGUS~ G~ORGIA By: ~~ Its: Mayor ~'t _.'_ ..\101 .._ ,I -,.....-. . '. Book 00939:0916 Au t ' 2004034029 07/1'4/2004 ~~~1~. ~ ~~~hmond County $0,00 WARRANTY DEED ' '_'111111111111111I 1111I 1111111 1/11111111111111I1111I11111 IIlii 11111 ililliilli liili iilliiil-- - - --- - - - -,' 2004034029 Augusta - Richmond County Return to: Stephen E. Shepard, County Attorney 701 Greene Street, Suite 104 Augusta, Georgia 30904 ST ATE OF GEORGIA ) ) ) COUNTY OF RICHMOND THIS INDENTURE, made this 29th day of June, 2004, by and between ELNA A. LOMBARD, SAM P. JOHNSON, BARBARA H. JOHNSON, JOHN CLEMENTS and CAROL CLEMENTS, all of Richmond County, State of Georgia, as parties of the first part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as party of the second part; WITNESSETH: That the parties of the first part, for and in consideration of the sum of One Hundred Eighty Four Thousand Seven Hundred Fifty Two and 97/100 ($184,752.97) 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 third-party beneficiary of said Grant Agreem'ent, . . .....--- Book 00939:0917 Augusta - Richmond County 200403402907/14/200416:11:17.03 . . , t"'~ 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 parties of the first part, their heirs 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 parties of the first part have hereunto set their hands and seals, the day and year first above written. /_ ~ ./. _, P~~. #7.'J). ELNA~LOMB~ARD ____ ~~ ~~~-~ -""SAM P. JOHNS &~~Q./N-. ~~~ BARBARA H. JOHNS<p ~L~~ ~'-t O. ekJ11Q~ CAROL A. CLEMENTS SIGNED, SEALED AND DELIVERED in the pre e of: -- ",,'" ....... , .0 ,- " ;~. 0 ~ .. l : ~ : : ~ ~ ~o B\..\V; l ~ 1} o. ~ 1\ .' ,"J1' jI ',~ '. +.0 1.r::.~.' ..., ~ t. ~:...~~~.~...,. ~:4.." '~~-:p~t) eo~ It.'''........,...'' Accepte~s~ day of June, 2004, By -~~~6 Its~or ~ 'By: 1J!J' b~ Its G erk , ... ,Book 00939:0918 Augusta - Richmond County ,,-_2~~4_03_4029 07/14/2004 16:11 :17.03 Exhibit A All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond being designated as Tract "A" containing 54.0 acres, more or less, and Tract "A 1" containing 2,3 acres, more or less, on that certain plat dated June 17, 2004 prepared by Cranston, Roberson & Whitehurst, P.c. for Augusta, Georgia, which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Book I ,page .1?1, reference being made to said plat for a more complete and accurate description of the metes, bounds, courses, distances and location of said property. This being a portion of the property is a portion of the property conveyed to' John Clements, Carol Ann Clements, Barbara Johnson and Sam Johnson by Deed of Assent dated December 29, 1999 and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Book 672, page 630 and to Elna A. Lombard pursuant to an Order of No Administration Necessary in the estate of Anne S. Lombard. Filed in this office: Augusta - Richmond County 07/14/200416:11 :17,03 Elaine C. Johnson Clerk of Superior Court \...---_.~--~.- -- ---- ---------- ,- .' ,If" .,', ~, tl t, """\. . Book 00939:0919 Au ' 2004034030 0711412004 ~~S;~,; f'Chmond County $0,00 DECLARA TIO ",04 , '- ,,1111' "'"1~'" 1111' ~!I!'I~,I!' !!IIl1~!~~~,T~JrfTIVE COVENA ' 11111/'1/'1/ "111 "1// '/'11 "1" //ill 111// 11I11 /Jill Ii/ii/ill -- ~ - -- - -- -- __ __ / 2004034030 Augusta - R' h Ie mond County i ~- Return to: Stephen E. Shepard, County Attorney Shepard, Plunkett, Hamilton, Boudreaux & Tisdale, LLP 701 Greene Street, Suite 104 Augusta, Georgia 30904 STATE OF GEORGIA ) COUNTY OF RICHMOND ) DE CLARA TJON OF RESTRICTIONS AND COVENANTS This declaration IS made this 29th day of June, 2004, by AUGUSTA, GEORGIA, a political subdivision of the State ,of Georgia (hereinafter referred to as "Declarant"). WITNESS ETH: WHEREAS, Declarant owns the property described on Exhibit "A" attached hereto and made a part hereof (the "Property") which property was acquired from Elna A. Lombard, Sam P. Johnson, Barbara H. Johnson, John Clements and Carol A. Clements by deed dated June ~, 2004, and recorded in the Office of the Clerk of Superior Court of Richmond County in Realty Book q:3tf, pages ,~ I '11f, and WHEREAS, the Propeliy was acquired with Grant Funds pursuant 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, (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 Book 00939:0920 Augusta - Richmond County 2004034030 07/14/2004 16:11 :17.04 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 more of the nine statutory goals of the Georgia Greenspace Act (O.C.G.A. 936-22-1, et seq.) including, protecting or enhancing water 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 use of the Property as provided herein. NOW, THEREFORE, for and in consideration of Ten and nol100 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) "Conservation Easement" means' a non-possessory 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 O.C.G.A. 36-22-1 936-22-1, et seq. (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. , 'Book 00939:0921 Augusta - Richmond County :, 200403403007/14/200416:11:17.04 '''---- (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 extent 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 boating, hiking, campmg, fishing, hunting, running, jogging, walking, skating, birding, riding horses, observing or 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 successors 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 Book 00939:0922 Augusta - Richmond County 2004034030 07/14/2004 16: 11 : 17.04 '---- - -~_.- -~ --- ~ -- - - 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 Rmming 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 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, ;. Book 00939:0923 Augusta - Richmond County 2004034030 07/14/2004 16:11 :17.04 constructed under, and interpreted and enforced in accordance with the laws of the State of Georgia. (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: 1u4-& :~G~~~:6 As Its: M yor Signed, Sealed and Delivered in the presence ,f: ~ 'I/.V: '1n~ Notary'P lic;'.State, of Georgia ", ,,'-:r A' [-, '~ .. " Notary Public. Columbia County, Georgia MyC:orn'nl1SSr0~)E:rX;'p!1'~s.: , My ColT'mis.<;lon Expires Aug. 1,2006 }_" /.) 0::::,": /:-;,~ / """ -. ,~:',,':. ... :- ~t j ~[J, ~ :, : t:' <,':-:fl';; . " '; IJ 1.:, .. .J,: '. :;.!",~.{': 1~1: ~.~:i~~ , ~ "~''',':.,\...-:.,. .-':"'.', . ...<...... . . . .. " '-, . .. " . '~- - , "'\; ( Book 00939:0924 Augusta - Richmond County I l 2004034030 07/14/2004 16:_~~~~_.0~j Exhibit A All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in_ the State of Georgia, County of Richmond being designated as Tract "A" containing 54.0 acres, more or less, and Tract "A 1" containing 2.3 acres, more or less, on that certain plat dated June 17, 2004 prepared by Cranston, Roberson & Whitehurst, P.e. for Augusta, Georgia, which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Book I , page ,q t1 / ' reference being made to said plat for a more complete and accurate description of the metes, bounds, courses, distances and location of said property. This being a portion of the property is a portion of the property conveyed to John Clements, Carol Ann Clements, Barbara Johnson and Sam Johnson by Deed of Assent d~ted December 29, 1999 and recorded in the Office of the Clerk of the Superior Court of Richmond' County, Georgia in Realty Book 672, page 630 and to Elna A. Lombard pursuant to an Order of No Administration Necessary in the estate of A~:.~:, J.-?~bard. ..,\~tffi~~I~iiii~;:":,;.. ,>:')~'\:i'~\v"/:l" 'i,,Ft, ~ .". ;~~~~ta~i4j~;;~r \: (' 1 I Filed in this office: Augusta - Richmond County 07/14/200416:11:17.04 Elaine C, Johnson Clerk of Superior Court "] -~ ~ / ~ ", . . . ! r,' , . ,.-r.~~'t.- . .. ~ .. ..' , Book 00939:0907 Au ' 2004034027 07/14/2004 ~~s1ta - Richmond County $0,00 QUITCLAIM ' 1,1701 ~ _'".11.11.111111I1111I11.11 DEED . 1111111 IlIIIIIIIIIIIii 'I'll iiliill/l/i(;l/i;l/; Ifill (i;/I;;(-- -- -- - - - - - -- 2004034027 Jlugusta - Richmond County Return to: James T. Plunkett County Attorney's Office' 'Suite 104, 701 Greene Street Augusta, Georgia 30901 STATE OF GEORGIA ) COUNTY OF RICHMOND ) ......"-_.,...~--........--._--_.... THIS INDENTURE, made thjs 29th day of June, 2004, between ELNA A. LOMBARD, SAM P. JOHNSON, BARBARA H. JOHNSON, JOHN CLEMENTS and CAROL CLEMENTS, all of Richmond County, State of Georgia, as parties of the first part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as party of the second part; WITNESSETH: That the said Parties of the First Part, for and in consideration of the sum of ' ONE ($1.00) DOLLAR, and other good and valuable consideration in hand paid, the receipt whereof is acknowledged, have bargaii1ed, sold, and does by these presents bargain, sell, remise, release and forever QUIT-CLAIM to the said Party of the Second Part, its successors and assigns, all the right, title, interest, claim, or demand which the Parties of the First Part have or may have in and to the following described property to \vit: See Exhibit A hereto attached and by reference made a part hereof. TOGETHER WITH all the rights, members and appurtenances to the said described Property in anywise appertaining or belonging, TO HAVE AND TO HOLD the said described premises to the said Party of the Second ...' ~ook 00939'0908 A I ' ~_ ~~~~034~27 O~J~~;2~~~O~~ 1C;~~~. 0 1 . , Part, so that neither the said Parties of the First Part nor their heirs and assigns, nor any other person or persons claiming under them shall at any time, by any means or ways, have, claim or demand any right or title to the aforesaid described Property or its appurtenances, or any rights thereof. IN WITNESS WHEREOF, the said Parties of the First Part have hereunto set their hands and seals, the day of year above written, ;?AM P. JOHNSON 6~,,-,- - N. r~' BARBARA H. JOHNSON / ~(:?~ ' c:::7 JOHNCLEMENTU ~a. ' CAROL A. CLEMENTS SIGNED, SEALED AND DELIVERED -~'B sence of: --- "'{' Pi ~ - S . - ..~~ ......... I' '._ P_ o' ; ~ ..' , f. i if A ~ : ~ : AlJ iI. y, . . ii ',-:a ". ~ ~'\ .: ,.1{!! ~ ~ '. ~ ~r::,~.' .....- '~ ~ ...1\1011. 12, .... 4,..1 ~l.\\~O ...'*...~ ~1\.4J1I "h 'No CO\)" , ...'-........:.~... .'; !k~~.( ~ ~ By: c.,...... , , ",: ' .~ ~ ..ii',"";', Its. May r ",'.,'".."".".'..".:,' " , ", ',.-,-..~!j\'~~i:~jA<\+~;::::~_ ': ~':}'i" .... By' ~~/'>i..,.:,.,',.,J.,' ."v,;"",'.,: ,"'...' . , '. :::'i:~~ ~:::~~:J.: i'..'~~'~.~: :', J:'~~~~..~:}~f:../ ,~.15 ~", ;. Its' lerk ~ ' .. ....., ,.... - ..- r. " .,.'. ," , .. . ' t :";.-: "'-:\..! a'" '/,' . ~ . ' . Book 00939:0909 Augusta - Richmond County 200403402707/14/200416:11:17.01 Exhibit A All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond being designated as Tract "B" containing 1.14 acres on that certain plat dated June 17, 2004 prepared by Cranston, Roberson & Whitehurst, P.C. for Augusta, Georgia, which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Book I , page ,191, reference being made to said plat for a more complete and accurate description of the metes, bounds, courses, distances and location of said property. This being a portion of the property is a portion of the property conveyed to John Clements, Carol Ann Clements, Barbara Johnson and Sam Johnson by Deed of Assent dated December 29, 1999 and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Book 672, page 630 and to Elna A. Lombard pursuant to an Order of No Administration Necessary in the estate of Anne S. Lombard. Filed in this office: Augusta - Richmond County 07/14/200416:11 :17.01 Elaine C. Johnson -- Clerk of Superior Court ~ .... '.. .1 Book 00939:0910 ,Augusta.- Richmond Co un 200403402807/14/200416:11:17,02 ty $0,00 DECLARATION RESTRICTIVE ' _-',111111111111111I11111,111111111111I111111111111111111111111' COVENA 1111111111111111/1111/ 11111 Ilillll/lI 11111 11111111111111 IIli-- 2004034028 Augusta - Richmond County Return to: Stephen E. Shepard, County Attorney Shepard, Plunkett, Hamilton, Boudreaux & Tisdale, LLP 701 Greene Street, Suite 104 Augusta, Georgia 30904 STATE OF GEORGIA ) COUNTY OF RICHMOND ) DECLARATION OF RESTRICTIONS AND COVENANTS This declaration IS made this 29th day of June, 2004, by AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "Declarant"). WITNESS ETH: WHEREAS, Declarant owns the property described on Exhibit "A" attached hereto and made a part hereof (the "Property") which property was acquired from Elna A. Lombard, Sam P. Johnson, Barbara H. Johnson, John Clements and Carol A. Clements by deed dated June 1.q , 2004, and recorded in the Office of the Clerk of Superior Court of Richmond County in Realty Book ~19, pages --9.t?'l, 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 more of the nine statutory goals of the Georgia Greenspace Act (O.C.G.A. 936-22-1, et seq.) including, protecting or enhancing water 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 Book 00939:0911 Augusta - Richmond County 200403402807/14/2004 16:11 :17.02 Georgia Greenspace Act, and Declarant agrees to restrict the use of the Propeliy as provided herein. NOW, THEREFORE, for and in consideration of Ten and no/1 00 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) "Conservation Easement" means a non-possessory 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) "GeorgiaGreenspace Act" shall mean a.C.G.A. 36-22-1 936-22-1, et seq. (c) "Grant Agreement" shall mean that certain Georgia Greenspace Program Grant Award Agreement dated June 12, 200 I, 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 extent consistent with, or is restored to be consistent with, one or more of the following goals: 1 ) Water qual ity protection for rivers, streams, and lakes; 2) Flood protection; Book ~0939:0912 Augusta - Richmond County 2004034028 07/14/2004 16:1~~_.~_~_ 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 boating, hiking, campmg, fishing, hunting, running, jogging, walking, skating, birding, riding horses, observing or 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 successors 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, LIse 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 aS,signs, and any Trustee appointed to manage the Property. 1 Book Od939:0913 Augusta - Richmond County 2004034028 07/14/2004 16: 11 : 17.02 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 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. (e) , Venue. Any action to construe or enforce this Covenant shall be filed in the Superior Court of Richmond County, Georgia. Book 00939:0914 Augusta - Richmond County 2004034028 07/14/2004 16:11 :17.02 IN WITNESS WHEREOF, Declarant has signed and sealed this Declaration, on the day, month and year first above written. DECLARANT: ~' AUGUSTA, GEORGIA U~ As Its: MaY~rJ,;~" :: ' : " By: . ~r.l / ~",,, By: / /} Notafy. , 'lic/Staie.'ofGeorgia '~~ , ' \.":[ ~, ,': \ " ,.' .',', '; ,'NRl'ary Public, Columbia County, Georgia My qpmml~,S10na;XplreS,.d;/MY Commission Expires Aug. 1,2006 ":.':~~ :,'t'f;,;' ~,' [:; ':' ;,:~;cV<~,;}:t~(" r"',', ;0 U ~!,t \ "'" " ".",.' "., -' - .lI..... " .1 " :. ;,1 " . r' ~ ,\ ~ ( . '\ Book 00939:0915 Augusta - Richmond County ." 2004034028 07/14/2004 16: 11: 17.02 ') Exhibit A All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond being designated as Tract "B" containing t.14 acres on that certain plat dated June 17, 2004 prepared by Cranston, Roberson & Whitehurst, P.C. for Augusta, Georgia, which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Book / , page , 3eff ' reference being made to said plat for a more complete and accurate descriptIon of the metes, bounds, courses, distances and location of said property. This being a portion of the property is a portion of the property conveyed to John Clements, Carol Ann Clements, Barbara Johnson and Sam Johnson by Deed of Assent dated December 29, 1999 and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Book 672, page 630 and to Elna A. Lombard pursuant to an Order of No Administration Necessary in the estate of Anne S. Lombard. " ( i " Filed in this office: Augusta - Richmond County 07/14/200416:11 :17,02 Elaine C. Johnson Clerk of Superior Court I .J 1 j ~ " .. , ). ... y"lo..,," : .. ..' ".~ ~... . Book 00939:0925 'Augusta - Richmond County 200403403107/14/200416:11:17,05 $0,00 QUITCLAIM DEED _IIIIIII,IIII1,1I11! 1111I1111111111 !111111111111111111! !lll !lll I 111111 1111i 11111 1111I 11111 1111111I1111111 11111 11I11 Iillllll-- .- 2004034031 Augusta - Richmond County , I "''',.j.-..-- I I ..--.... Return to: James T. Plunkett County Attorney's Office Suite 104, 701 Greene Street Augusta, Georgia 30901 /, . STATE OF GEORGIA ) COUNTY OF RICHMOND ) THIS INDENTURE, made this 29th day of June, 2004, between ELNA A. LOMBARD, of the State of Georgia and County of Richmond, Patty of the First Part, and AUGUSTA, GEORGIA, - a political subdivision of the State of Georgia, as party of the second part; WITNESSETH: That the said Party of the First Part, for and in consideration of the sum of ONE ($1.00) DOLLAR, and other good and valuable consideration in hand paid, the receipt whereof is acknowledged, has bargained, sold, and does by these presents bargain, sell, remise, release and forever QUIT-CLAIM to the said Party of the S~cond Part, its successors and assigns, all the right, title, interest, claim, or demand which the Paliy of the First Part has or may have in and , to the following described property to wit: See Exhibit A hereto attached and by reference made a prui hereof. TOGETHER WITH all the rights, members and appurtenances to the said 'described Property in anywise appertaining or belonging. TO HAVE AND TO HOLD the said described premises to the said Party of the Second Part, so that neither the said Party of the First Part nor her heirs and assigns, nor any other person or persons claiming under her shall at any time, by any means or ways, have, claim or demand any right or title to the' aforesaid described Property or its appurtenances, or any rights thereof. .'"' ...... .. Book 00939:0926 Augusta - Richmond County 2004034031 07/14/2004 16: 1'1: 17.05 IN WITNESS WHEREOF, the said Party of the First Part has hereunto set her hand and seal, the day of year above written. ~~~ #2,';;;~ ELNA A LOM ARD ,/ _,"llo."'''!I.'~'''' ' -- ...,\ ' -- S ,.. PL(J~ ~. SIGNED, SEALED AND DELI~~D..."..."..~~~!.. Jf~ . ,.; in the p se ce of: f ! ~OTAJ:1}-- \ ~ ~: -.- : ~ II: 'Joe : ~ I -:sl ". -^ B\..: I __!! z .. '+ ~ .. ,~ - l"l ..~ II': 'l.f;:;<:J.. 'WI"f ... ov. 12,.... ~-O\,_ , -'\PN;;.co\)~_-~ \\:"'\\.'-~,~ Accepted this day of June, 2004. By U1"-6 Its: Mayor )~ , .":. ~ By Its: o .. Signed, sealed and delivered In the presence of: ,~(-fff-U '0/~~~ :tJ10A/~~ / ) Ynt>>~ Notary~te of Georgia NQtary,Public. Columbla'County, Georgia My Commission Expires Aug. 1.2006 " , , . . , B k 00939:0927 Augusta - Richmond County 2~04034031 07/14/2004 16: 11: 17.05 .~ .~~. . ~ . . .. " ..' '-- Exhibit A All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond containing 1 ~ acres, more or less, as shown on a plat prepared for Mrs. R. H. Lombard, dated April 26, 1957 by Walton Flythe, C.E., which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Book 24-M, page 187, reference being made to said plat for a more complete and accurate description of the metes, bounds, courses, distances and ' location of said property. This being the same the property conveyed by A. O. Lombard to Mrs. Anne S. Lombard by instrument dated may 29, 1957 and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Book 24-M, page 186. Filed in this office: Augusta - Richmond County 07/14/2004 16:11 :17.0~__ - - -Elaine C~ohnson Clerk of Superior Court "------ - -