HomeMy WebLinkAboutGeorgia Greenspace Grant Award Agreement
Augusta Richmond GA
DOCUMENTNAME:,Gt>O~O- G'e=~"-~e
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DOCUMENT TYPE: TI eex'(\ e-rvt
YEAR:OL1
BOX NUMBER: 23
FILE NUMBER: '1-1330
NUMBER OF PAGES:~
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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;
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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
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Book 00939:0928 Augusta - Ri~hmond Coun
200403403207/14/200416:11'1706 ty
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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
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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,
, .
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..
"
Book 00939:0930 Augusta - Richmond County
2004034032 07/14/2004 16:11 :17.06
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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:
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AUGU~A'REORGIA
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Book 00939:0932 Augusta - Richmond County
2004034032 07/14/2004 16: 11 : 17.06
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. Boole 00939:0933 Augusta - Richmond County
200403403207/14/2004 16:11:17.06
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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
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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 , ~
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Carol A. Clements
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AUGUS~ G~ORGIA
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Book 00939:0916 Au t '
2004034029 07/1'4/2004 ~~~1~. ~ ~~~hmond County
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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
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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 ____
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-""SAM P. JOHNS
&~~Q./N-. ~~~
BARBARA H. JOHNS<p
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CAROL A. CLEMENTS
SIGNED, SEALED AND DELIVERED
in the pre e of:
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Accepte~s~ day of June, 2004,
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,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
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2004034030 0711412004 ~~S;~,; f'Chmond County
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2004034030 Augusta - R' h
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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:
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As Its: M yor
Signed, Sealed and Delivered
in the presence ,f:
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Notary'P lic;'.State, of Georgia
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( 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.
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Filed in this office:
Augusta - Richmond County
07/14/200416:11:17.04
Elaine C, Johnson
Clerk of Superior Court
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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
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,
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 /
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c:::7 JOHNCLEMENTU
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CAROL A. CLEMENTS
SIGNED, SEALED AND DELIVERED
-~'B sence of:
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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
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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,;~" :: ' : "
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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.
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Filed in this office:
Augusta - Richmond County
07/14/200416:11 :17,02
Elaine C. Johnson
Clerk of Superior Court
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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
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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.
.'"' ......
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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 ,/
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SIGNED, SEALED AND DELI~~D..."..."..~~~!..
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Accepted this
day of June, 2004.
By U1"-6
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Signed, sealed and delivered
In the presence of:
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Notary~te of Georgia
NQtary,Public. Columbla'County, Georgia
My Commission Expires Aug. 1.2006
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, B k 00939:0927 Augusta - Richmond County
2~04034031 07/14/2004 16: 11: 17.05
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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
"------ - -