HomeMy WebLinkAboutGeorgia Greenspace Program
Augusta Richmond GA
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DOCUMENT TYPE: 0t3 X e..e:mm-\-
YEAR: Os
BOX NUMBER: \ q
FILE NUMBER:
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NUMBER OF PAGES: ~l
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AUGUSTA-RICHMOND COUNTY COMMISSION
BOil YOUNG
Muyor
ST^FF AtTORNEYS
VANESS,\ FLOURNOY
HARR\' IfLk\I\1A~ III
August 7, "Ou.)
LEt: IIt:,\IUl
TO~fM' Bovl.>~~
I iI.MEN IINIIl(;t:~
ANIlYCIIEt:K
BOIJIIY G. 11,\"'Io:EIISON
WII.I.I"M II. h:lfIII.KI'~ ./N.
W\I. "WII.I.IE"II. 1\1.\YS, III
STt:PIIEN E. SIIt:P,,:lIl
MANION WII.I.I.\MS
.JAMES B. WALL
CiTY ATTORNEY
AUCiLJST;\ LA W DEPARTMENT
RICII^IW L. COI.CI.OlIGII
Muyor I'm TI:n1
GEORGE R. KOLH
Administrator
State of Georgia, Department of Natural Resources
205 Butler Street; Suite 1252
Atlanta, Georgia 30334
Please Rer1y to:
P.O. Ilox 2125
Augusla. UA J090]
(706) X21-24RX
Fax (70(,) 722-591<4
.i wall(,ilauguslaga.gov
Augusta, Georgia
clo Lena Bonner, Clerk of Commission
530 Greene Street; Room 806
Augusta, Georgia 30911
RE: Georgia Greenspace Program Grant Award Agreement
Minnie C. Simons, VVilliam R. Coleman, Jr. and
Howard Lumber Company, Inc.
Our File No. AR-38-010-03
Dear Sir or Madam:
This is to certify that we have examined the title to said property in the office of
the Clerk of the Superior Court of 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 Minnie C. Simons, William R.
Coleman, Jr. and Howard Lumber Company, Inc., said deed being dated March 21,
2003, and recorded at Realty Book 868, page 910, et seq., in said Clerk's office. The
property conveyed, more particularly described in Exhibit "A" enclosed herewith, is free
and clear of any emcumbrances, with the following exceptions:
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 filed of record in the Office of the Clerk of the Superior Court of
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;
2. Rights and interests (If paities in possession;
3. Facts which might be di~ciosed by a physical inspection of said propeiiy
or a current, accurate SUt\iey thereof;
State of Georgia, Department of Natural Resources
Augusta, Georgia
August 7,2003
PaQe Two of Two
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 as having special flood hazards; and
9. Declaration of Restrictive Covenants executed by Augusta, Georgia, daced
July 7, 2003, and filed of record in the in the Office of the Clerk of the
Superior Court for Richmond County, Georgia in Realty Book 870, pages
626, et seq., restricting tne 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:
454 Greene Street
Augusta, Georgia 30901
(706) 821-2486
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
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GF-C1813- Georgia
Title Insurance Commitment
COMMJr'fMENT FOR TITLE INSURANCE
ISSUED THROUGH THE OFFICES OF
AttoIr'ney~' Title Guarantv Fund, Ine..
THE GEORGIA A TIORNEYS' ORGANIZATION SPECrALL Y ORGANIZED TO
PROVIDE COMPLETE TITLE ASSURANCE
BY ITS MEMBER
HARRY B. JAMES, III
has caused FIRST AMERICAN TITLE INSURANCE COMPANY 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-ll have been attached
hereto.
IN WITNESS WHEREOF, the Company has caused this Commitment 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
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ATGF 1813-A
Title Insurance Commitment
(REV 9/78)
Attorneys' Title Guaranty Fund, Inc.
SCHEDULE A
Agent's
File No: 579
Commitment No. GFC 579
Date Effective: February 27,2003 3:00 P.M.
Amount of Policy: $128,700.00
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:
MINNIE C. SIMONS, WILLIAM R. COLEMAN, JR. AND HOWARD LUMBER COMPANY, INC.
5. The land referred to in this Commitment is in the State of Georgia County of Richmond
and described as follows:
SEE AITACHED EXHIBIT "A"
BY~
Auth" . tory
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ATGF 1813-8-1
T1~e Insurance
Commitment-(REV 9[78)
Attorneys Title Guaranty Fund, Inc.
SCHEDULE B-1
(Exceptions)
Issuing Office File No.: 579
Commitment No. GF-C 579
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 polley. 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 Right of Way De6d in favor of 6.ugu~tl'\, GeorpiC' c:'ated April 19, 200~: Prt1ject: Wood lake Sanitary Sewer Clnd S:orm SewFlr
System Improvements.
5. All state and county taxes for the year 2003 and all taxes for subsequent years.
6. 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.
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ATGF 1813-6-11
TItle Insurance
Commitment
(REV. 8f78)
Attorneys Title Guaranty Fund, Inc.
SCHEDULE 8-11
(Requirements)
Agent File No. 579
Commitment No. GF-C 579
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 parcels from Minnie C. Simmons, William
R. Coleman, Jr., and Howard Lumber Company, Inc., 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.
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EXHIBIT A
All that lot or parcel of land and improvements thereon in the amount of 37.7 acres,
situate, lying and being in Richmond County, Georgia, described as follows:
Beginning at a point 799.11 feet South 20 43' 52" West of a concrete marker marking the
Northeast corner of a certain 70 acres, plus or minus, tract originally owned by E. D.
Risher, Jr., acquired by Simons & Vaughn Construction Company, Inc.
Thence North 890 11' 58" East a distance of 137.14 feet to a point;
Thence North 550 47' 03" East a distance of 151.16 feet to a point;
Thence North 220 22' 48" East a distance of 91.92 feet to a point;
Thence North 6r 29' 47" East a distance of 151 .54 feet to a point;
Thence South 210 05' 32" East a distance of 75.03 feet to a point;
Thence South 48048' 51" East a distance of 63.73 feet to a point;
Thence South 630 06' 02" East a distance of 229.87 feet to a point;
Thence North 74039' 00" East a distance of 52.89 feet to a point;
Thence North 34046' 40" East a distance of 43.83 feet to a point;
Thence South 720 40' 33" East a distance of 114.18 feet to a point;
Thence South 760 12' 02" East a distance of 58.69 feet to a point;
Thence North 720 49' 55" East a distance of 128.74 feet to a point;
Thence North 640 03' 28" East a distance of 41.15 feet to a point;
Thence South 750 49' 40" East a distance of 102.11 feet to a point;
Thence South 620 19' 08" East a distance of 275.54 feet to a point;
Thence South 05035' 58" East a distance of 102.49 feet to a point;
Thence South 520 27' 38" East a distance of 119.81 feet to a point;
Thence South 110 18' 36" East a distance of 61.19 feet to a point;
Thence South 380 57' 21" East a distance of 120.88 feet to a point;
Thence North 880 41' 53" East a distance of 44.01 feet to a point;
Thence South 170 11' 09" East a distance of 101.53 feet to a point;
Thence South 530 19' 04" East a distance of 122.20 feet to a point;
Thence North 330 41' 24" East a distance of 21.63 feet to a point;
Thence ~outh 600 ~4' 44" East a distance of 135.69 feet to a point,
Thence North 64 0 51' 19" East a distance of 108.26 feet to a point;
Thence South 560 38' 01" East a distance of 128.75 feet to a point;
Thence South 330 21' 59" West a distance of 173.84 feet to a point;
Thence South 04023' 55" East a distance of 130.38 feet to a point;
Thence South 40048' 54" West a distance of 290.69 feet to a point;
Thence South 120 13' 30" West a distance of 117.69 feet to a point;
Thence North 7r 1 ' 11" West a distance of 205.00 feet to a point;
Thence North 620 04' 11" West a distance of 403.22 feet to a point;
Thence North 590 43' 30" West a distance of 988.52 feet to a point;
Thence North 640 28' 39" West a distance of 502.16 feet to a concrete monument,
thence North 20 45' 52" East a distance of 435.00 feet, more or less, to the point of
beginning.
This is the same property conveyed from LOFCO, Inc., to Simons & Vaughn Construction
Company, Inc., by Warranty Deed dated July 31, 1972, and recorded in the Office of the
Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 8, page 1878.
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STANDARD EXCEPTIONS FOR OWNER'S POLICY
The owner's policy wj]l be subject to the mortgage, if any, noted under item one of Item 4
of Schedule B-I hereof and to the following 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 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, adverse claim, or other
matter, the Company at its option may amend Schedule B-I 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.
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GF. OP 1814 Georgia
AL T A Owner's Policy
(10/17/92)
Policy No. GF . OP . 5 3 9 0 5
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--:TL::: OPINiON
The undersigned member of Attorneys' Title Guaranty Fund, Inc. renders to the insured named in the policy the opinion that, based
upon matters correctly indexed upon the public records of the county in which the land described in Schedule A of the policy is
located (the term "land" being more particularly defined in the Conditions and Stipulations of the policy) and subject to the
Exclusions from Coverage hereinafter set forth, the Exceptions contained in Schedule B and the Conditions and Stipulations of the
policy, the estate or interest described in Schedule A is vested in the insured at Date of Policy free of all encumbrances, liens and
other objections, and has caused to be issued the following policy of title insurance.
BY
HARRY B. JAMES, III
.. 'ATTORNEVS7"I'fTu GUARANTY FUND iViEiViBER
: j(H(f(:; )[m{~rJJ[[,@l[{)lCC(() (G<<j)f(J[j~@J[(flJf
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ISSUED TH.::jOUG;-j A MEMBER OF
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-:":::: 8EOi'::GIA A"-""O::JN;::YS' ORGAi\!!ZATION SPECiA'..L Y ORGANIZED -CO
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SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8 AND
THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called
the Company, Insures, as of Date of Policy shown In Schedule A, against loss or damage, not exceeding the Amount of
Insurance stated in Schedule A, sustained or Incurred by the insured by reason of:
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1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketabllity of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred In defense of the title, as insured, but only to the
extent provided in the Conditions and Stipulations.
This polley shall not be valid or binding without Schedules A and B.
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BY rJ?~xI ~ PRESIIJENT
AITEST /J11tAL ~ ~ SECRETARY
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. '
Schedule A for use with Owner=s Policy
Attorneys= Title Guaranty Fund, Inc.
SCHEDULE A
Agent=s File No: 579
Policy No. GF-OP-53905
Date of Policy: August 4, 2003 3:00 P.M.
Amount of Insurance: $128,700.00
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:
Georqia
County of
Richmond
SEE ATIACHED EXHrBIT "A"
Harry B. James. III
By:
Schedule B For Use With Owner=s Policy
Attorneys= Title Guaranty Fund, Inc.
SCHEDULE B
Agent=s File No: 579
Policy No. GF-OP-53905
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 Schedule A.
8. Declaration of Restrictive Covenants dated July 7, 2003, recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia, in Realty Reel 870, page 626.
. '
EXHIBIT A
All that lot or parcel of land and improvements thereon in the amount of 37.7 acres,
situate, lying and being in Richmond County, Georgia, described as follows:
Beginning at a point 799.11 feet South 20 43' 52" West of a concrete marker marking the
Northeast corner of a certain 70 acres, plus or minus, tract originally owned by E. D.
Risher, Jr., acquired by Simons & Vaughn Construction Company, Inc.
Thence North 890 11' 58" East a distance of 137.14 feet to a point;
Thence North 550 47' 03" East a distance of 151.16 feet to a point;
Thence North 220 22' 48" East a distance of 91.92 feet to a point;
Thence North 670 29' 47" East a distance of 151.54 feet to a point;
Thence South 210 OS' 32" East a distance of 75.03 feet to a point;
Thence South 480 48' 51" East a distance of 63.73 feet to a point;
Thence South 630 06' 02" East a distance of 229.87 feet to a point;
Thence North 74039' 00" East a distance of 52.89 feet to a point;
Thence North 340 46' 40" East a distance of 43.83 feet to a point;
Thence South 720 40' 33" East a distance of 114.18 feet to a point;
Thence South 760 12' 02" East a distance of 58.69 feet to a point;
Thence North 720 49' 55" East a distance of 128.74 feet to a point;
Thence North 640 03' 28" East a distance of 41.15 feet to a point;
Thence South 750 49' 40" East a distance of 102.11 feet to a point;
Thence South 620 19' 08" East a distance of 275.54 feet to a point;
Thence South 050 35' 58" East a distance of 102.49 feet to a point;
Thence South 520 27' 38" East a distance of 119.81 feet to a point;
Thence South 110 18' 36" East a distance of 61.19 feet to a point;
Thence South 380 57' 21" East a distance of 120.88 feet to a point;
Thence North 880 41' 53" East a distance of 44.01 feet to a point;
Thence South 170 11' 09" East a distance of 101.53 feet to a point;
Thence South 530 19' 04" East a distance of 122.20 feet to a point;
Thence North 330 41' 24" East a distance of 21.63 feet to a point;
Thence Bouth 60024' 44" East a distance of 135.69 feet to a point,
Thence North 64051' 19" East a distance of 108.26 feet to a point;
Thence South 560 38' 01" East a distance of 128.75 feet to a point;
Thence South 330 21' 59" West a distance of 173.84 feet to a point;
Thence South 040 23' 55" East a distance of 130.38 feet to a point;
Thence South 400 48' 54" West a distance of 290.69 feet to a point;
Thence South 120 13' 30" West a distance of 117.69 feet to a point;
Thence North 770 1 · 11" West a distance of 205.00 feet to a point;
Thence North 620 04' 11" West a distance of 403.22 feet to a point;
Thence North 590 43' 30" West a distance of 988.52 feet to a point;
Thence North 64028' 39" West a distance of 502.16 feet to a concrete monument,
thence North 20 45' 52" East a distance of 435.00 feet, more or less, to the point of
beginning.
This is the same property conveyed from LOFCO, Inc., to Simons & Vaughn Construction
Company, Inc., by Warranty Deed dated July 31,1972, and recorded in the Office of the
Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 8, page 1878.
. .
The cove,rage of this policy shall continue In force as of Date'
of Policy In favor of 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 from the Insured. or only so long as the Insured shall
have liability by reason of covenants of warranty made by the
Insured In any transfer or conveyance of the estate or Interest
This policy shall not continue In force In favor of any purchaser
from the Insured of either (I) 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 BV
INSURED CLAIMANT.
, The insuredshallnotlfy the Company promptly In writing (I)
In case of any litigation as set forth In SectIOn 4(a) below. (il) in
case knowledge shall come to an Insured hereunder of any
claim of title or Interest which IS adverse to the title to the
estate or Interest, as insured, and which might cause loss or
damage for which the Company may be liable by virtue of this
POliCY, or (III) If title to the estate or Interest, as insured, is
relected 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 requrred: prOVided. however, that
failure to notify the Company shall m no case prejudice the
rights of any Insured under this policy unless the Company
shall be prejudiced by the failure and then only to the extent of
the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon wnttenrequest 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 A interest as insured, but only as to those stated
causes ot action alleging a defect, lien or 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 oblect 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 Insured In the defense of those causes of action which
allege mattels not Insured agamst by this pOlicy
, . (b) The Company shall have the light. at its own cost. to
institute and prosecute any action or proceeding or to do any
other act which In Its Opl11l0n 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 appropllate actIOn under the terms of this pOlicy
whether or not it shall be liable hereunder. and shall noi
thereby concede liability or waive any prOVISion of this policy
If the Company shall exercise lIs rights under this paragraph.
It shall do so diligently
(c) Whenever the Company shall have brought an
ac\1on or rnterposed a deiense as required or permitted by the
~rovlslons of ,hiS poliCY. the Company may pursue any litiga-
tion to final deternllnatlon by a court of competent JuriSdiction
and expressly reserves the light. 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 proceeding. the rnsured shall secule to the Company the
fight to so prosecute or prOVide defense in the action or pro-
ceedrng. and all appeals therern. and permit the Company to
use, at ItS option, the name of the Insured for thiS purpose
Whe~ever requested by the Company, the Insured, at the Com-
pany s ex~ense, shall give the Company all reasonable aid (I)
111 any action or proceeding, securing evidence. obtaining wit-
nesses, prosecutrng or defendrng the action or proceeding. or
eHeCllng settlement. ~nd III) rn any other lawful act which rn
the oprnlon of the Company may be necessary or deSirable to
establish the title to the estate or rnterest as Insured If the
Company is prejudiced by the failure of the Insured to furnish
the reqUired cooperation. the Company's obligations to the
rnsured under the poliCY shall terminate, Includrng any liability
or obligation to defend, prosecute. or continue any litigation,
With regard to the matter or matters reQuirrng such coo;lerallon,
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 proof of loss or damage Signed and sworn to by the
rnsured claimant shall be furnrshed to the Company wlthln90
days after the II1sured claimant shall ascertarn the facts givll1g
flse to the loss or damage. The proof of loss or damage shall
describe the defect In. or lien or encumbrance on the title, or
other matter rnsured against by thiS policy which constitutes
tender of payment and which the Company is obligated to pay.
(ii) upon the exercise by the Company of this option,
all liability 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.
Ii) to payor otherWise settle with other parties for or
111 the r,Jme of an insured claimant any claim insured against
under thiS policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were
authorrzed by the Company up to the time of payment and
which the Company IS obligated to pay: or
Iii) 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 111 paragraphs (b)(i) or (ii), the Company's obli-
gations to the II1sured under this policy for the claimed loss or
damage, other than the payments required to be made, shall
termll1ate. including 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 II1curred 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 insured
estate or interest as insured and the value of the insured
estate or interest subject to the defect, lien or encumbrance
II1sured against by this poliCy.
(b) In the event the Amount of Insurance stated 111
Schedule A at the Date of Policy is less than 80 percent of the
value of the II1sured estate or interest or the full consideration
paid for the land, whichever IS less, or if subsequent to the Date
of Policy an improvement is erected on the land which in.
creases the value of the insured estate or rnterest by at least
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
II1terest at Date of Policy: or (ii) where a subsequent
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 of the Amount of Insurance stated in Schedule A bears
to the sum 0: the Amount of Insurance stated in Schedule A and
the amount expended for the ir.1provement
The pr?vlslons of this paragraph 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 of these
Conditions 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 Insurance 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 otherWise been
agreed upon as to each parcel by the Company and the II1sured
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, all as II1sured, 111 a reasonably diligent manner by
any method, II1cluding litigation and the completion of 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
. .
the Company unaHected by any act of the insured claimant.
The Company, shall 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 reques1ed by the Com-
~any, the insured claimant shall transfer to the Company all
fights and remedies against any person or property
necessary In order to perfect this right of subrogation. The
II1sured claimant shall permit the Company to sue com-
promise or settle in the name of the insured claimant 'and to
use the name of the insured claimant in any transaction or
litigation Involvll1g these fights 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 fights 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, In that event, shall be required to pay only that
part of any losses insured against by this policy which shall
exceed the amount, if any, lost to the Company by reason of
the Impairment by the insured 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-
Insured obligors shall exist and shall include, without limita-
tion, the rights of the insured to indemnities, guaranties;
other poliCies .of II1surance or bonds, notwithstanding any
terms or conditions contained 111 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 r.1ay 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 Insured allslng out of or relating to. this policy, any
service of the Campany 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 whe" the
Amount of Insurance is in excess of $1,000,000 shall be
arbitrated only when agreed to by both the Company and the
Insured. 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
Include 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 in 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 the Company is the entire policy and con-
tract between the insured and the Company. In interpreting
any provision of this ~olicy, 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-
serting 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 autharized 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 Include 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 In wilting reqUired to be furnished the Company
shall Include the number .of this policy and shall be
addressed to the Company at 114 East Fifth Street, Santa
Ana, California 92701, or to the office which issued this
poliCY
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Book 008680910 Augusta - Richmond County
2003030480 07/10/2D03 09:34:3000
$000 WARRANTY DEED'
111i111 "'ii liiii W/i Illii Iiill iiiii fijij Iliil iilii illi jjjj
<'003030480 Augusta - Richmond County
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Return to:
Mr. Harry D. Revell
454 Greene Street
AUQusta. GA 30901
STATE OF GEORGIA
)
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DEED OF CONVEYANCE
COUNTY OF RICHMOND
$1- ,_ _/
THIS INDENTURE, made this ).../ -- day of N ~
, 2003, by
and between MINNIE C. SIMONS, WILLIAM R. COLEMAN, JR. AND HOWARD
LUMBER COMPANY, Inc., 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 considergtion of the sum of Sixty Four
Thousand Three Hundred Fifty ($64,350.00) 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.
I
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
!
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Book 00868:0911 Augusta - Richmond County
2003030480 07/10/2003 09: 34: 30.00
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 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, its 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
,
(
.'
Book 00868:0912' Augusta - Richmond County
2003030480 07/10/2003 09:34:30.00
be executed this deed of conveyance the day and year first above written.
~ tijMuuJ
MI IE C, SIMONS
Signed, Sealed and Delivered in the
J;'r~sence of: n
\..1 n Q h 0 (, J p cth . (f)cq;.tA )
Witness h7 _ ~ " I ~ /., 11'1111 11,
~tY/l~
Notary Public 2 ~",..."'" .........,,~o/~
Richmond County, Georgi~'i7.1'>~~ ~ y"..\~ U
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Signed, Sealed and Delivered in '(h/e'll \ I I \ , . /
esence of: 1:( COM~ISSIO V/J.// ()~ 7
~~=~~
Notary Public
Ricr.m&Rd,County, Georgia
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Richmond COCJli~Qie~ftJia
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Book 00868:0913 Augusta - Richmond County
2003030480' 07/10/2003 09:34:30.00
EXHIBIT A
All that lot or parcel of land and improvements thereon in the amount of 37.7 acres,
situate, lying and being in Richmond County, Georgia, described as follows:
Beginning at a point 799.11 feet South 20 43' 52" West of a concrete marker marking the
Northeast corner of a certain 70 acres, plus or minus, tract originally owned by E. D.
Risher, Jr., acquired by Simons & Vaughn Construction Company, Inc.
Thence North 890 11' 58" East a distance of 137.14 feet to a point;
Thence North 550 47' 03" East a distance of 151.16 feet to a point;
Thence North 220 22' 48" East a distance of 91.92 feet to a point;
Thence North 6ye 29' 47" East a distance of 151.54 feet to a point;
Thence South 210 05' 32" East a distance of 75.03 feet to a point;
Thence South 480 48' 51" East a distance of 63.73 feet to a point;
Thence South 630 06' 02" East a distance of 229.87 feet to a point;
Thence North 74039' 00" East a distance of 52.89 feet to a point;
Thence North 34046' 40" East a distance of 43.83 feet to a point;
Thence South 720 40' 33" East a distance of 114.18 feet to a point;
Thence South 760 12' 02" East a distance of 58.69 feet to a point;
Thence North 720 49' 55" East a distance of 128.74 feet to a point;
Thence North 64003' 28" East a distance of 41.15 feet to a point;
Thence South 750 49' 40" East a distance of 102.11 feet to a point;
Thence South 620 19' 08" East a distance of 275.54 feet to a point;
Thence South 050 35' 58" East a distance of 102.49 feet to a point;
Thence South 52027' 38" East a distance of 119.81 feet to a point;
Thence South 110 18' 36" East a distance of 61.19 feet to a point;
Thence South 380 57' 21" East a distance of 120.88 feet to a point;
Thence North 880 41' 53" East a distance of 44.01 feet to a point;
Thence South 1 ye 11' 09" East a distance of 101.53 feet to a point;
Thence South 530 19' 04" East a distance of 122.20 feet to a point;
Thence North 33041' 24" East a distance of 21.63 feet to a point;
Thence South 600 ~4' 44" East a distance of 135.69 feet to a point,
Thence North 640 51' 19" East a distance of 108.26 feet to a point;
Thence South 560 38' 01" East a distance of 128.75 feet to a point;
Thence South 33021' 59" West a distance of 173.84 feet to a point;
Thence South 04023' 55" East a distance of 130.38 feet to a point;
Thence South 40048' 54" West a distance of 290.69 feet to a point;
Thence South 120 13' 30" West a distance of 117.69 feet to a point;
Thence North 7ye 1 . 11" West a distance of 205.00 feet to a point;
Thence North 62004' 11" West a distance of 403.22 feet to a point;
Thence North 59043' 30" West a distance of 988.52 feet to a point;
Thence North 64028' 39" West a distance of 502.16 feet to a concrete monument,
thence North 20 45' 52" East a distance of 435.00 feet, more or less, to the point of
beginning.
This is the same property conveyed from LOFCO, Inc., to Simons & Vaughn Construction
Company, Inc., by Warranty Deed dated July 31, 1972, and recorded in the Office of the
Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 8, page 1878.
LESS AND EXCEPT FROM THE FOREGOING PROPERTY:
All those tracts or parcels ofland, together with all improvements thereon situate, lying
and being in Richmond County, Georgia, containing 0.049 acres and 0.023 acres shown as Tract
"A-I" and Tract "A-2", respectively, on a plat dated December 21,1999, prepared by James G.
Swift and Associates for the Augusta Commission which plat is recorded herewith.
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Book 00870:0626 Augusta - Richmond County
200303166507/16/200316:01:24.00
$0.00 DECLARATION RESTRICTIVE COVENA
Iliiiiiiiiiliiiii iiiiliiiiiiiiiiiiiii iiiiiiiiiiiiiii iiii iiil '-
2003031665 Augusta - Richmond County
Return to:
Harry D. Revell
454 Greene Street
Augusta. Georgia 3090 I
STATE OF GEORGIA
COUNTY OF RICHMOND
DECLARATION OF RESTRICTIONS AND COVENANTS
This declaration is made this 7 ~ day of )~
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter
3
, 200/, by
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
Minnie C. Simons, William R. Coleman, Jr. and Howard Lumber Company, Inc. by
deed datec. CQO-fck ;;l L, 2003, and recorded in the Office of the Clerk of Superior
Court of Richmond County in Realty 8001& 10 ~ , pages q / b ; 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.
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.
1
t .
Book 00870:0627 Augusta - Richmond County
200303166507/16/2003 16:01:24.00
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 .aJ.lg, 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. S36-22-1, 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 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:
2
Book 00870:0628 Augusta - Richmond County
2003031665 07/16/2003 16:01 :24.00
(a) "Conservation 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 S36-22-1,
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 extend
3
Book 00870:0629 Au
2003031665 07 J~~72;;chmond County
03 16:01 :24.00
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 ]
I
photographing nature, picnicking, playing non- ~
,
organized sports, or engaging in free play; and
4
Book 00870:0630 Augusta - Richmond County
2003031665 07/16/2003 16:01 :24.00
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, 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, '
5
Book 00870:0631 Augusta - Richmond County
200303166507/16/200316:01:24.00
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
6
Book 00870:0632 Augusta - Richmond County
200303166507/16/2003 16:01 :24.00
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.
IN WITNESS WHEREOF, Declarant has signed and sealed this Declaration, on
the day, month and year first above written.
DECLARANT:
~BY
A~ORGIA
As Its: Mayor
7
. Book 00870:0633 Augusta - Richmond County
200303166507/16/2003 16:01:24.00
~~~J
el rk
By:
Signed, Sealed and Delivered in
The presence of:
w~'fo/. I6l hr -L/ ~~
I nem;... .
j%~'V7nB>~
~~~ Ic'. J.,. .
, . 1rJ&~ :C8t,II'ltY., c~eorgla Notary Public, Columbia County, Georgia
My Commissiorr {2xplres: My Commlsslon Expires Aug. 1. 2006
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8
, j
Book 008YO:0634 Augusta - Richmond County
2003031665 07/16/2003 16:01 :24.00
EXHIBIT A
All that lot or parcel of land and improvements thereon in the amount of 37.7 acres,
situate, lying and being in Richmond County, Georgia, described as follows:
Beginning at a point 799.11 feet South 2043' 52" West of a concrete marker marking the
Northeast corner of a certain 70 acres, plus or minus, tract originally owned by E. D.
Risher, Jr., acquired by Simons & Vaughn Construction Company, Inc.
Thence North 890 11' 58" East a distance of 137.14 feet to a point;
Thence North 550 47' 03" East a distance of 151.16 feet to a point;
Thence North 220 22' 48" East a distance of 91.92 feet to a point;
Thence North 6r 29' 47" East a distance of 151.54 feet to a point;
Thence South 210 05' 32" East a distance of 75.03 feet to a point;
Thence South 48048' 51" East a distance of 63.73 feetto a point;
Thence South 630 06' 02" East a distance of 229.87 feet to a point;
Thence North 74039' 00" East a distance of 52.89 feet to a point;
Thence North 340 46' 40" East a distance of 43.83 feet to a point;
Thence South 720 40' 33" East a distance of 114,18 feet to a point;
Thence South 760 12' 02" East a distance of 58.69 feet to a point;
Thence North 72049' 55" East a distance of 128.74 feet to a point;
Thence North 640 03' 28" East a distance of 41.15 feet to a point;
Thence South 750 49' 40" East a distance of 102.11 feet to a point;
Thence South 620 19' 08" East a distance of 275.54 feet to a point;
Thence South 05035' 58" East a distance of 102.49 feet to a point;
Thence South 520 27' 38" East a distance of 119.81 feet to a point;
Thence South 110 18' 36" East a distance of 61.19 feet to a point;
Thence South 380 57' 21" East a distance of 120.88 feet to a point;
Thence North 880 41' 53" East a distance of 44.01 feet to a point;
Thence South 1 r 11' 09" East a distance of 101.53 feet to a point;
Thence South 530 19' 04" East a distance of 122.20 feet to a point;
Thence North 33041' 24" East a distance of 21.63 feet to a point;
Thence ~outh 600 ~4' 44" East a distance of 135.69 feet to a point,
Thence North 640 51' 19" East a distance of 108.26 feet to a point;
Thence South 56038' 01" East a distance of 128.75 feet to a point;
Thence South 33021' 59" West a distance of 173.84 feet to a point;
Thence South 04023' 55" East a distance of 130.38 feet to a point;
Thence South 40048' 54" West a distance of 290.69 feet to a point;
Thence South 120 13' 30" West a distance of 117.69 feet to a point;
Thence North 7r 1 ' 11" West a distance of 205.00 feet to a point;
Thence North 62004' 11" West a distance of 403.22 feet to a point;
Thence North 59043' 30" West a distance of 988.52 feet to a point;
Thence North 64028' 39" West a distance of 502.16 feet to a concrete monument,
thence North 20 45' 52" East a distance of 435.00 feet, more or less, to the point of
beginning.
This is the same property conveyed from LOFCO, Inc" to Simons & Vaughn Construction
Company, Inc., by Warranty Deed dated July 31, 1972, and recorded in the Office of the
Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 8, page 1878.
LESS AND EXCEPT FROM THE FOREGOING PROPERTY:
All those tracts or parcels of land, together with all improvements thereon situate, lying
and being in Richmond County, Georgia, containing 0.049 acres and 0.023 acres shown as Tract
"A-I" and Tract "A-2", respectively, on a plat dated December 21, 1999, prepared by James G.
Swift and Associates for the Augusta Commission which plat is recorded herewith.
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Book 00868:0915'Augusta - Richmond County
2003030481 07/101200309:34:30.01
$0.00 WARRANTY DEED
Illmi iliiilliii i1ili Iliiillillliiii iiili iilll iiiIHilliiii
2003030481 Augusta - Richmond County
Return To: County Attorney
454 Greene Street
Augusta, GA 30901
STATE OF GEORGIA
)
)
)
DEED OF DEDICATION
COUNTY OF RICHMOND
THIS INDENTURE, made this
~i:h day of tJ.t>>u1I.
,
, 2003,
by
and between MINNIE C. SIMONS, WILLIAM R. COLEMAN, JR. AND HOWARD
LUMBER COMPANY, Inc., (hereinafter referred to as "Grantors"), and Augusta,
Georgia, a political subdivision of the State of Georgia, (hereinafter referred to as
"Grantee");
WITNESSETH:
Grantors, in consideration of the public benefit to be derived by the Grantee and
its citizens and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presence
does hereby grant, bargain, sell and convey unto Grantee all that tract or parcel of land
located in Augusta, Georgia, more fully described in Exhibit "A" attached hereto and by
reference made a part of this Deed of Dedication (the "Property").
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 Grantee, its
successors and assigns, in fee simple, forever.
, ~
. .
Book 00868:0916. Augu~ta - Richmond County
2003030481 07/10/2003 09:34:30.01
'.
And the Grantor, its successors and assigns, do warrant and will forever defend
the right and title to the above described property unto the Grantee, its successors and
assigns, against the claims of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has caused this instrument to
be executed this deed of conveyance the day and year first above written.
~AIR (l~~
MIN IE C. SIMONS
Signed, Sealed and Delivered in the
Pre~ence. of: , ~. - diA~ /':J . -
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MY COMr~~€;l~ Sealed and Delivered in the
EXPIRf::S ~ence of"
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ary Public
Richmond County, Georgia
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Book 00868:0917 Augusta - Richmond County
2003030481 07/10/2003 09:34:30.01
Signed, Sealed and Delivered in the
rO~f~
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otary Public
Richmond County, Georgia
Nota'to. PubIlc. ColumbIa County. GeotallII
My mmiselon ExpIres May24. 20IXJ
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Book 00868:0918 Augusta - Richmond County
2003030481 07/10/2003 09:34:30.01
EXHIBIT "A"
All those tracts or parcels of land, together with all improvements thereon situate, lying
and being in Richmond County, Georgia, containing 0.049 acres and 0.023 acres shown as Tract
"A-I" and Tract "A-2", respectively, on a plat dated December 21, 1999, prepared by James G.
Swift and Associates for the Augusta Commission which plat is recorded herewith.
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