HomeMy WebLinkAboutgeorgia greenspace Program Grant Award
Auousta Richmond GA
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DOCUMENT NAME: Cje.D'(Cj\Q, (j'<'ee\\S\XJ..c:.e.- ~CS,(Q"" C,'<CAf\\- 1\v..Xl'\G
DOCUMENTTYPE:~(~~\-
YEAR: 00
BOX NUMBER: \C\
FILE NUMBER: \ ls2 <6~q
NUMBER OF PAGES:
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AUGUSTA-RICHMOND COUNTY COMMISSION
BOB VOtING
Mayor
STAFF A TIORNEYS
VANESSA FLOURNOY
HARRY B. JAMES, III
LEE BEARD
TOMMY BoYLES
ULM~:R BRIDGES
ANDY CHEEK
BOBBY G. HANKERSON
WILLIAM B. KUHLKE, JR.
WM. "WILLIE" II. MAYS, III
STEPHEN. E. S"EPARD
MARION WILLIAMS
JAMES B. WALL
CITY ATTORNEY
AUGUSTA LAW DEPARTMENT
RICHARD L. COLCLOUGH
Mayor Pro Tern
GEORGE R. KOLB
Administrator
September 9,2003
Please Reply to:
P.O. Box 2125
Augusta, GA 30903
(706) 821-2488
Fax (706) 722-5984
jwall@augustaga.gov
State of Georgia, Department of Natural Resources
205 Butler Street; Suite 1252
Atlanta, Georgia 30334
Augusta, Georgia
c/o Lena Bonner, Clerk of Commission
530 Greene Street; Room 806
Augusta, Georgia 30911
RE: Georgia Greenspace Program Grant Award Agreement
Trotter Family Partnership
Our File No. AR-38-009-03
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 warranty deed from Trotter Family
Partnership, said deed being dated March 6, 2003, and recorded at Realty Book 846,
page 1507, et seq., and deed of gift from Trotter Family Partnership, said deed being
dated March 6, 2003, and recorded in Realty Book 846, page 1475, et seq., in said
Clerk's office. The property conveyed, more particularly described in Exhibit "A"
enclosed herewith, is free and clear of any encumbrances, with the following
exceptions:
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 of parties in possession;
State of Georgia, Department of Natural Resources
Augusta, Georgia
September 9, 2003
PaQe Two of Two
3. Facts which might be disclosed by a physical inspection of said property
or a current, accurate survey thereof;
4. Unrecorded claims of liens for labor, materials and services furnished for
the improvement of said property.
5. Compliance with any consumer protection, truth-in-Iending or similar laws;
6. Matters affecting the title to said property which are either not of record or
are not indexed in such manner as to be revealed by a reasonable and
prudent search;
7. All applicable zoning laws, ordinances, regulations and all other
governmental regulations pertaining to the use and occupancy of the
property as set forth in the Agreement;
8. Areas designated as having special flood hazards; and
9. Declaration of Restrictive Covenants executed by Augusta, Georgia, dated
March 27, 2003, and filed of record in the in the Office of the Clerk of the
Superior Court for Richmond County, Georgia in Realty Book 848, pages
1667, et seq., restricting the property to Greenspace property.
Enclosed herewith, please find copies of the following: (1) Commitment for Title
Insurance; (2) Final Title Policy; (3) the Warranty Deed; (4) Deed of Gift and (5)
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. ./" ,/ ' I
By: Vtk
a s B. Wall
C' Attorney
454 Greene Street
Augusta, Georgia 30901
(706) 821-2488
Enclosures: Warranty Deed
Deed of Gift
Declaration of Restrictions and Covenants
Commitment for Title Insurance
Final Title Policy
Exhibit "A", Legal Description
George Patty, Planning & Zoning
cc:
.~.
~
'Kctllm to:'
Harry D. Re\c11
454 Greene Street
Augusta. Georgia 3090 I
Book 00848: 1667 Augusta - Richmond County
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$0.00 DECLARATION RFSTRIC:TIVF C:OVFNA
111111111111111111111111111111111111111111111111111111111111
2003011742 Augusta - Richmond County
STATE OF GEORGIA
)
)
)
COUNTY OF RICHMOND
DECLARATION OF RESTRICTIONS AND COVENANTS
This declaration is made this Lftl day of ~ ' 2003, by
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter
referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant owns the property described on Exhibit "A" attached
hereto and made a part hereof (the "Property") which property was acquired from
Trotter Family Partnership by deed dated lrP-rch to , 2003, and recorded in the
Office of the Clerk of Superior Court of Richmond County in Realty Book~ pages
/4<6 Co ; 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
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 illia, 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. ~36-22-1, et seq.) including, protecting or enhancing water
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Book 00848 '1668 A
20030117 42 0~~~s7ta/2- Richmond County
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quality, providing flood protection, providing natural habitat and corridors for native plant
and animal species, protecting archaeological and historic resources, providing passive
recreation, or providing connective links between lands contributing to the goals of the
Georgia Greenspace Act, and Declarant agrees to restrict the user of the Property as
provided herein.
NOW, THEREFORE, for and in consideration of Ten and no/100 Dollars ($10.00)
and for other good and valuable consideration, including the receipt of said Grant funds,
the receipt and adequacy of which is hereby acknowledged and intending to be legally
bound, Declarant does hereby subject the property to the covenants, restrictions and
rights herein stated:
1. Definitions. For purposes of this Declaration, the following terms shall
have the following meanings, unless the context requires otherwise:
(a) "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. 36-22-1 936-22-1,
et seq.
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(c) "Grant Agreement" shall mean that certain Georgia Greenspace
Program Grant Award Agreement dated June 12, 2001, by and
between the State of Georgia, Department of Natural Resources,
and Augusta, Georgia.
(d) "Greenspace" shall mean permanently protected land and water,
including agricultural, and forestry land whose development rights
have been severed from the property, that is in its undeveloped,
natural state and that has been developed only to the extend
consistent with, or is restored to be consistent with, one or more of
the following goals:
1) Water quality protection for rivers, streams, and lakes;
2) Flood protection;
3) Wetlands protection;
4) Reduction of erosion through protection of steep
slopes, areas with erodable soils, and stream banks;
5) Protection of riparian buggers and other areas such
as marsh, hammocks that serve as natural habitat
and corridors for native plant and animal species;
6) Scenic protection;
7) Protection of archaeological and historic resources;
8) Provision of recreation in the form of voting, hiking,
camping, fishing, hunting, running, jogging, biking,
walking, skating, birding, riding horses, observing or
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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, use and maintenance of the Property, and any
improvements, shall be subject to and shall comply with the Conservation
Easement.
4. Covenants Running with the Land. Declarant acknowledges and agrees
that the Conservation Easement is appurtenant to and runs with the land,
and shall be binding and enforceable against Declarant, its successors
and assigns, and any Trustee appointed to manage the Property.
The Conservation easement shall inure to the benefit of the State of Georgia, the
Land Trust, and their respective successors and assigns, and shall be enforceable by
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Book 00848:1671 Augusta - Richmond County
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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.
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Book 00848:1672 Augusta - Richmond County
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(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.
c(y
Signed, Sealed and Delivered in
The presence of:
~~rt'jf fA) /n~~ I;
Witness
DECLARANT:
AUGU~ G~ORGIA
(~1~~
As Its: Mayor \
By:
ATTEST: ~
/!J7J}
lerk
'f)~~'u 1n(/la~~
Na~~ ic
Rloh 0_ County, Georgi~otary Public. Columbia County, Georgia
My Comrnissiori Expires: My Commission Expires Aug. I, 2006
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Book 00848:1673 Augusta - Richmond County
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EXHIBIT A
All that tract or parcel of land containing 153.44 acres,
more or less, situate, lying and being in the State of Georgia I
being in the County of Richmond shown and designated upon a plat
thereof prepared by James G. Swift & Associates for Trotter Realty
Co. on June, 1987 and on a compiled plat thereof prepared for
Trotter Realty Co. on September 2, 1986, reference being made to
said plats for a more' complete and accurate description uf tile
metes, bounds and location of said property,
This property is more fully described as follows:
Commencing at an iron pin which is located on the western right of
way of Crosscreek Road at the northeastern corner of Lot 11, Block
0, Section 2, Phase I of Quail Ridge Subdivision as shown upon a
plat. thereof recorded in the Office of the Clerk of Superior Court,
Richmond County, Georgia, on Realty Reel 250, Pages 1710-1715; with
the point of beginning thus established, thence Na80 DO' 07"W for
a distance of ISO' to an iron pin; thence NOlO 59' 53"E fol' a
distance of 970,57' to an iron pin; thence N710 33' 28"W for a
distance of 85,02' to an iron pin; thence N020 00' 52"E for a
distance of 686,58' to an iron pin; thence S86C, 13' 51"E for a
distance of 716.27' to an iron pin; thence S210 491 47"E for a
diet <:::.llCS 85.271 to l.: :1 i rO~1 pin; t :.cllce 8590 02' 10 I' l"i [or a disLallce
of 60' to an iron pin; thence S850 161 48"E ror a distance oE
190,62' to an iron pin; thence 8050 31' 02"E for a distance of
75.02' to an iron pi.n; thence N750 21' 41"E for a distance of
124.10' to an iron pin; thence SS60 26' OOIlE for a distance of 40'
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Book 00848:1674 Augusta - Richmond County
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to an iron pin; thence 8850 311 02"E for a distance of 1255.0';
thence 8080 12' OO"W for a distance of 328.78' to an iron pin;
thence 8740 09' OO"E for a distance of 1251 to an iron pin; thence
8570 27' OO"E for a distance of 278.19' to an iron pin; thence 8870
16' 25"E for a distance of 105.11' to an iron pin; thence 8220 45'
04"E for a distance of 168.07' to an iron pin on the northwestern
right of way of Crosscreek Road; thence 8630 26 I 06"\-'1 for a
distance of 44.72' to an iron pin; thence S250 56' 32'IE for a
distance of 205.73' to an iron pin; thence S450W for a distance of
82.02' to an iron pin; thence S090 48' 41"W for a distance of
539.901 to an iron pin; thence 8100 03' 39"E for a distance of
314.84' to an iron pin; thence 819020' 05"E for.a distance of
302.03' to an iron pin; thence 8320 06' 23"E for a distance of
301. 03' to an iron pin; thence 8040 17' 06"W Ear a distance of
200.56' to an iron pin; thence 8340 59' 31"W for a distance of
549.30' to an iron pin; thence 8260 12' 41"E for a distance of
72,45' to an iron pin; thence N750 521 OlliE for a distance of
286.68' to an iron pin; thence 8740 34' 12"E for a distance of
140.69' to an iron pin; thence 8290 56' 31"8 for a distance of
144.25' to an iron pin; thence 8610 57' 07"~'1 for a distance of
654.71' to an iron pin; thence 8070 49' 51"E for a distance of
75.74' to an iron pin; thence 8400 26' 12"E for a distance of
;..~:L.O~: tu an iron pin; thence 8300 18' 40"W for a distance of
75.29' to an iron pin; thence 8280 46' 04 "E for a distance of
290.90' to an iron pin; thence 8730 18' 03"8 for a distance of
1J4.40' to an iron pin; thence 840043' 56"E for a distance of
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Book 00848:1675 Augusta - Richmond County
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237.54' to an iron pin; thence 8500 241 28"W for a distance of
361.09' to an iron pin; thence N430 23' 28"W for a distance of
137.78' to an iron pin; thence N610 331 25"W for a distance of
272.95' to an iron pin; thence N120 52' 30"W for a distance of
179.511 to an iron pin; thence N490 11' 06"W for a distance of
3 75.001 to an iron pin; thence N640 44 I 05 "W for a distance of
135,48' to an iron pin; thence 8330 21' 59"W for a distance of
66.83' to an iron pin; thence N560 38' 01"W for a distance of
134.381 to an iron pin; thence 8640 511 19"\1 for a distance of
108.26' to an iron pin; thence N600 24' 44"\'1 for a distance of
135.691 to an iron pin; thence 833041' 24"W for a distance of
21,63' to an iron pin; thence N530 191 04"W for.a distance of
..
122.20' to an iron pin; thence N170 11' 09"W for a distance of
101.53 I to an iron pin; thence 8880 41' 53 "W for a distance of
44.01' to an iron pin; thence N380 571 21"W for a distance of
120.88' to an iron pin; thence N110 18' 36"i~ for a distance of
61.19' to an iron pin; thence N520 27' 38"W for a distance of
119.81' to an iron pin; thence N050 35' 58"E for a distance of
102.49' to an iron pin; thence N620 19' OB"W for a distance of
2 75.541 to an iron pin; thence N750 49' 40 "W for a distance of
102.11' to an iron pin; thence 8640 031 28 "W for a distance of
41.15' to an iron pin; thence N720 491 55 "W for a distance of
128.74 i to an iron pin i thence 8760 12' 02"\'1 for a distance of
58.69' to an iron pin; thence N720 40' 33"W for a distance of
114.18' to an iron pin; thence N340 46' 40"W for a distance of
43.85' to an iron pin; thence 8740 39' OO"W for a distance of
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Book 00848:1676 Augusta - Richmond County
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52,89' to an iron pin; thence N630 06' 42"W for a distance of
229.87' to an iron pin; thence N48C' 48' 51"W for a distance of
63.781 to an iron pin; thence N210 05' 32"i'[ for a distance of
75.031 to an iron pin; thence 8670 29' 47"W for a distance of
151.54' to an iron pin; thence 822022' 48"W for a distance of
91.92' to an iron pin; thence 8550 17' 03 "\'1 for a distance of
151.16' to an iron pin; thence 8890 II' 58"W for a distance of
137.14' to an iron pin'; thence N020 45' 52"8 for a distance of
488.89' to an iron pin; thence 8850 09' 08"E for a distance of
312.15' to an iron pin; thence 8560 511 19"E for a distance of
68.71' to an iron pin; thence N490 12' 261E; for a distance of
31.56' to an iron pin; thence 881056' 38"E for'a distance of
348.72' to an iron pin; thence N830 071 06"E for a distance of
162.311 to an iron pin; thence N660 29' 46"E for a distance of
63.07' to an iron pin; thence 8720 39' 48"8 for a distance of 297'
to an iron pin; thence 836016' 58"E for a distance of 72.401 to an
iron pin; thence N730 OS' 16"E for a distance of 502.0' to an iron
pin; thence 816054' 44"E for a distance of 159.07' to an iron pin;
thence N610 13' 21"E for a distance of 238.38' to an iron pin;
thence N330 59' 34"W for
a distance of 67.99' to an iron pin;
thence N30u 35' 51"E for a distance of 295.67' to an iron pin;
thence N170 01' 18"W for a distance of 22.01 to a.n j ron pj!1 i thence
1~270 58' 42"E for a distance of 284.99' to an iron pin; thence N48C
51' 37"\-'1 for a ciistance of 121.401 to an iron pin; thence 8880 20'
l6"W for a distance of 63.611 to an iron pin; thence N37" 40 I 07"v{
fur a distance of 121. 16' to an iron pin i thence I'H50 17 I 35" W for
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a distance of 65.82' to an iron pin; thence 8660 18' 21"VJ for a
distance of 61.21' to an iron pin; thence N620 01' 18"\>1 for a
distance of 290' to an iron pin; thence NI00 08' 24"E for a
distance of 65.29' to an iron pin; thence N270 58' 42"E for a
distance of 388.37' to an iron pin; thence N620 aI' 18"VJ for a
distance of 40 I to an iron pin; thence N270 58' 42"E for a distance
of 140' to an iron pin; thence 8620 aI' 18"E for a distance of IS'
to an iron pin; thence N270 58' 42"E for a distance of 190' to an
iron pin; thence N620 aI' 18"W for a distance of 680.0' to an iron
pin; thence N680 30 I 07"W for a distance of 102.61' to an iron pin;
thence N770 59' 48"W for a distance of 113.51' to an iron pin;
thence S810 01' 04 "W for a d'::"stance of 113.54 I to an iron pin;
thence 8720 53' 50"W for a distance of 288.38' to an iron pin;
thence 862033' 15"W for a distance of 118.45' to an iron pin;
thence 8440 35' 23 "W for a distance of 119.93' to an iron pin;
thence 8210 381 2211W for a distance of ll9.93' to an iron pin;
thence 8060 57' 42"~'1 for a distance of 109.33' to an iron pin;
thence 8010 591 35"W for a distance of 196.95' to an iron pin;
thence 8090. 02' 37"E for a distance of 139.72' to an iron pin;
thence N880 00' 07"W for a distance of 236.76' to the point of
beginning.
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EXHIBIT "A" CONTINUED
LESS AND EXCEPT FROM THE FOREGOJNG PROPERTY:
A. ALL those tracts or parcels of land, together with any improvements thereon, situate, lying
and being in Richmond County, Georgia, containing 14.60 acres and 5.54 acres more fully
shown and designated upon plats thereof recorded on Realty Reel 629, pages 1295, 1297-
1298.
ALSO
B. ALL those tracts or parcels of land, together with all improvements thereon, situate, lying
and being in the State of Georgia, County of Richmond, containing 7.12 acres, 1.23 acres and
12.95 acres all ofwruch are referenced in a deed dated January 29, 1998 from Trotter Realty
Co. to NordaW and Company recorded in the Office of the Clerk of Superior Court,
Richmond County, Georgia, on Realty Reel 584, page 130. The foregoing deed makes
reference to plats which, through inadvertence, were not recorded on the records of
Richmond County. The 7.12 and 1.23 acre parcels are shown upon a plat thereof dated
December 29, 1997 prepared by '\'\T. R. Toole Engineers, Inc. for NordaW and Company, Inc.
to which referenced is hereby made. These parcels are more fully described as follows:
Commencing at a #4 Rebar set at the Northeastern terminus of Cross Creek
Road shown on a plat of Section 2, Phase I of Quail Ridge Subdivision
recorded in the Office of Clerk of Superior Court, Riclunond County,
Georgia, on Realty Reel 250 at pages 1710-1715; with the POINT OF
BEGINNING being thus established, thence N 87' 55'41" W for a distance of
70.00 feet across the right-of-way of Cross Creek Road to a #4 Rebar set;
thence N 01 '02'00" E for a distance of 13.97 feet to a #4 R.F.; thence N
81'55'31" W for a distance of 149.68 feet to a #4 R.F.; thence N 01 '54'34" E
for a distance of688.33 feet to a #4 R.S.; thence N 01 '54'34" E for a distance
of267.:'\1 feet to a #4 R.S.; tnpl1cf. N 16'09'24" V..,r for a distance of6:'\.04 feet
to a #4 R.S.; thence N 78' 17'56" E for a distance of 148.56 feet to a #4 R.S.;
thence S 41 '27'11" E for a distance of 188.50 feet to a #4 R.S.; thence S
27'09'27" E for a distance of189.84 feet to a #4 R.S.; thence along the arc of
a circle having the radius of 450 feet and an arc length of I 1 feet and a chord
having a bearing of N 56' 36'42" E and a chord distance of 11 feet to (l #4
R.S.; thence S 27'09'28" E for a distance of 50.26 feet to a #4 R.S.; thence
along the arc of a circle having a radius of 400 feet and an arc length of 16.88
feet measured on a chord bearing of S 55'24'32" Wand a chord length of
16.88 feet to a #4 R.S.; thence S 38'45'53" E for a distance of 143.19 to a #4
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R.S.; thence S 44'45'21" W for a distance of71.38 feet to a #4 R.F.; thence
S 21 '27'1 0" VV for a distance of 119.98 feet to a #4 R.F.; thence S 07'01'07"
W for a distance of 109.46 feet to a #4 R.F.; thence S 01 '59'55" W for a
distance of81.95 feet to a #4 R.F.; thence S 02'00'04" W for a distance of
114.92 feet to a #4 R.F.; thence S 08'58'10" E for a distance of ]39.72 feet
to a #4 R.F.; thence N 87'55'39" VlT for a distance of 166.76 feet to the
POINT OF BEGJN},1NG.
ALSO
ALL that tract or parcel ofland, together "vith any improvements thereon, situate, lying and
being in Richmond County, Georgia, containing 12.95 acres which is more fully shown upon a plat
thereof prepared by Walter A. Bell dated December 28, 1997 to which reference is made in that
certain Warranty Deed from Trotter Realty Co. to Nordahl and Company dated January 29, 1998
recorded on Realty Reel 584, page 130. The 12.95 acre tract is more fully described as follows:
Commencing at an iron pin located at the Northeast corner of Lot 1, Block M,
Section 2, Phase II of Quail Ridge Subdivision shown upon a plat thereof
recorded in the Office of the Clerk of Superior Court, Richmond County,
Georgia, on Realty Reel 298, page 1746-1751; with the POINT OF
BEGINNING being thus established, thence S 65' 10'07" E for a distance of
730 feet to an iron pin; thence S 29'07'26" W for a distance of826.05 feet to
an iron pin; thence N 48'51'37" \V for a distance of 12 1.40 feet to the Eastern
right-of way of \Voodcock Drive; thence S 88'20'16" VlT for a distance of
63.61 feet across Woodcock Drive to an iron pin; thence N 57'40'07" W for
a distance of 121.16 feet to an iron pin; thence N 15' 17'3 5" W for a distance
of65.82 feet to aniron pin; thence S 66'18'21" \V for a distance of61.21 feet
to an iron pin; thence N 62' 01' 18" W for a distance of 2 90 feet to an iron pin;
thence N 10'08'14" E for a distance of65.29 feet to an iron pin; thence N
27'58'42" E for a distance of388.3 7 feet to an iron pin; thence N 62'01'18"
W for a distance of 40 feet to an iron pin; thence N 27'58'42" E for a distance
of ]40 feet to the right-of-way of Cross Haven Drive; thence S 62'01'18" E
for a distance of 15 feet along the right-ofway of Cross Haven Drive; thence
N27'58'42" E for a distance of190 feet to the POINT OF BEGINNING. The
plat by Walter A. Bell also shows a storm water retention area along the
Southeastern hounclC'lry of this 12.95 acre parcel
The Property conveyed by this deed ws acquired by Trotter Realty Co. from Lofco, Inc. in
a series of conveyances.
. . .
. . ~
.,
Book 00848:1680 Augusta - Richmond County
200301174204/07/2003 14:38:25.00
ALSO
ALL that tract or parcel of land, together with all improvements
thereon, situate, lying and being in Richmond County, Georgia, containing
4.439 acres shown as Tract "A" on a plat dated December 21, 1999,
prepared by James G. Swift & Associates for the Augusta Commission
which plat is recorded herewith.
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RETURN TO:
JAMES B. WALL, City Attorney
P.O. Box2125
454 Greene Street
Augusta, GA 30903
Book 008461486 Augusta - Richmond County
200301040903/27/200316:18:25.00
$000 WARRANTY DEED
1 lllp_ Pi!! !!W_!!'"l!!!! ~'lIllll!! I!!!I 1lIIIIIIJI "" '"'
11111111111111111111111111111111 11111 11111 1I11111iil 11111111
2003010409 Augusta - Richmond County
STATE OF GEORGIA )
) WARRANTY DEED
COUNTY OF RICHMOND )
lr!
THIS INDENTURE, made the J!'L day of March 2003, between TROTTER FAMILY
PARTNERSHIP, a general partnership composed of WILLIAM A. TROTTER, ill, T.
BARRETT TROTTER, J. DAVIS TROTTER and JANE T. NICHOLS (hereinafter referred
to as "Grantors"), and AUGUSTA, GEORGIA (hereinafter referred to as "Grantee") ("Grantors"
and "Grantee" to include their respective successors, legal representatives and assigns where the
context requires or permits).
WITNESSETH:
Grantors, in consideration of the sum of$130,000.00 cash in hand paid by the Grantee to the
Grantors and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
has granted, bargained, sold, aliened, conveyed and confirmed, and does hereby grant, bargain, se\1,
alien convey and confirm unto Grantee all that tract or parcel of land located in Augusta, Georgia
containing 16.25 acres included in the property more particularly described on Exhibit "A" attached
hereto and by reference made a part of this Warranty Deed. The 16.25 acre parcel is shown as
"Parcel AA" on a revised plat prepared by James G. Swift & Associates (the "Property").
, ' t-}
, .. - ( "
Book 00846:1487 Augusta - Richmond County
200301040903/27/2003 16: 18:25.00
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 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 HA VB AND TO HOLD the Property, together with all and singular the rights ways and
appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper
use, benefit and behoof of Grantee forever in FEE SIMPLE
AND GRANTOR WILL WARRANT and forever defend the right and title to the property
unto Grantee against the claims of any persons owning, holding or claiming by, through or under
Grantor and all and every other person or persons.
IN WITNESS WHEREOF, the said grantor has hereunto caused these presents to be
executed the day and year first above written.
Signed sealed and delivered
in the presence of:
U~i~~
~2Y!~
Not Public, ~.
~,\\\\\\\\\l~}d:' State of Georgia
~~ V'\eth P. I..~ ~
~ O~""'..'" 'Y.. ~
f~"" My 't:~sion expires: /J!1.:3
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) William A. Trotter, III
)
)
) T. BARRETT TROTTER, 1. DAVIS
) TRO TER and JANE T. NICHOLS
)
~ B. ~~~al)
) William A. Trotter, III, their agent and
attorney-in-fact evidenced by Special Powers
of Attorney recorded herewith.
"
\
...
Book 00846:1488 Augusta - Richmond County
2003010409 03/27/2003 16: 18:25.00
EXHIBIT A
All that tract or parcel of land containing 153,44 acres,
more or less, situate, lying and being in the State of Georgia,
being in the County of Richmond shown and designated upon a plat
thereof prepared by James G. Swift & Associates for Trotter Realty
Co, on June, 1987 and on a compiled plat thereof prepared for
Trotter Realty Co. on September 2, 19B6, reference being made to
said plats for a more' complete and accurate description of the
;metes, bounds and location of said property.
This property is more fully described as follows:
Commencing at an iron pin which is located on the western right of
way of Crosse reek Road at the northeastern corner of Lot 11, Block
D, Section 2, Phase I of Quail Ridge Subdivision'as shown upon a
plat,thereof recorded in the Office of the Clerk of Superior Court,
Richmond County, Georgia, on Realty Reel 250, Pages 1710-1715; with
the point of beginning thus established, thence Nf~Bo 00' 07"W for
a distance of 150' to an iron pin; thence NOlO 59' 53"E for a
distance of 970.57' to an iron pin; thence N710 33' 28"W for a
distance of 85,02' to an iron pin; thence N020 00' 52"E for a
distance of 686.58' to an iron pin; thence S86'" 13' 51"E for a
distance of 716.27' ,to an iron pin; thence 8210 49' 4711E for a
distance 85.271 to an iron pin; thence S590 02' 10"W for a distance
of 60' to an iron pin; thence S850 16' 4811E for a distance o:E
190.62' to an iron 1>in; thence 8050 31' 02"E for a distance of
75,02' to an iron pi.n; thence N750 211 41"E for a distance of
124.io' to an iron pin; thence 8560 261 OOIlE for a distance of 40'
1
Book 008461489 Augusta - Richmond County
2003010409 03/27/2003 16: 18: 25.00
to an iron pin; thence 8850 311 02"E for a distance of 1255.0';
thence 8080 12 I OOIlW for a distance of 328.781 to an iron pin;
thenc~ 8740 09' OOIlE for a distance of 125' to an iron pin; thence
S570 27' OOIlE for a distance of 278.79' to an iron pin; thence S870
16' 2511E for a distance of 105.11' to an iron pin; thence 8220 45'
0411E for a distance of 168.07' to an iron pin on the northwestern
right of way of Crosscreek Road; thence 8630 26' 06"W for a
distance of 44.72 I to an iron pin; thence S250 56 I 3211E for a
distance of 205.73' to an iron pin; thence S450W for a distance of
82.021 to an iron pin; thence S090 481 4111W for a distance of
539.90' to an iron pin; thenc~ S100 03' 39"E for a distance of
314.84' to an iron pin; thence 819020' 0511E for.a distance of
302.03' to an iron pin; thence 8320 06' 2311E for a distance of
301.03' to an iron pin; thence 8040 17' 0611W for a distance of
200.56' to an iron pin; thence 8340 59,' 3111W for a distance of
549.30' to an iron pin; thence 8260 12 I 41" E for a distance of
72.451 to an iron pin; thence N750 52' OlliE for a distance of
286.68' to an iron pin; thence 8740 34' 1211E for a distance of
140.69' to an iron pin; thence 8290 56 I 31118 for a distance of
144.25' to an iron pin; thence 8610 57' 0711W for a distance of
664.711 to an iron pin; thence 8070 49 I 5111E for a distance of
75.741 to an iron pin; thence 8400 26' 1211 E for a distance of
,
151.09' to an iron pin; thence 8300 18' 40llW for a distance 'or
75.29' to an iron pin; thence 8280 46 I 04"E for a distance of
290.90' to an iron pin; thence 8730 18' 0311E for a distance of
104.40' to an iron pin; thence 840043' 5611E for a distance of
2
\ "
Book 00846:1490 Augusta - Richmond County
200301040903/27/2003 16:18:25.00
237.54' to an iron pin; thence 850024' 28"W for a distance of
361.09' to an iron pin; thence N430 23 I 28"W for a distance of
137.78' to an iron pin; thence N610 33 I 25"W for a distance of
272.95' to an iron pin; thence N120 52' 30"W for a distance of
179.51' to an iron pin; thence N4 9 0 II' 0611W for a distance of
375.00' to an iron pin; thence N640 44' 0511W for a distance of
135.48' to an iron pin; thence 8330 21' 5911W for a distance of
66.83' to an iron pin; thence N560 38' 01"W for a distance of
134.38' to an iron pin; thence 8640 511 19"W for a distance of
108.26' to an iron pin; thence N600 24' 4411W for a distance of
.135.69' to an iron pin; thence 833041' 24"W for a distance of
21.63' to an iron pin; thence N530 19' 04 "W for. a distance of
..
122.20' to an iron pin; thence N170 II' 09"W for a distance of
101.53' to an iron pin; thence 8880 41' 53"W for a distance of
44.011 to an ~ron pin; thence N380 57' 2111W for a distance of
120.88' to an iron pin; thence N110 18' 36"W for a distance of
61.19' to an iron pin; thence N520 27' 38"W for a distance of
119.81' to an iron pin; thence N050 35' 5811E for a distance of
102.49' to an iron pin; thence N620 19 I 0811W for a distance of
275.54' to an iron pin; thence N750 49' 40llW for a distance of
102.11' to an iron pin; thence 8640 03 I 2811W for a distance of
41.15' to an iron pin; thence N720 49' 5511W for a distance of
128.74 I to an iron pin; thence 8760 12' 0211W for a distance :of
58.69' to an iron pin; thence N720 40' 3311W for a distance of
114.18' to an iron pin; thence N340 46' 40llW for a distance of
43.85' to an iron pin; thence 8740 39 f OOIlW for a distance of
3
"
, '
Book 00846:1491 Augusta - Richmond County
2003010409 03/27/2003 16: 18: 25,00
52.891 to an iron pin; thence N630 06' 42"W for a distance of
229.8'71 to an iron pin; thence N480 481 51"W for a distance of
,
63.78' to an iron pin; thence N210 OS' 32"W for a distance of
75.03' to an iron pin; thence 8670 29' 47"W for a distance of
151. 541 to an iron pin; thence 8220 22' 48"W for a distance of
91.92' to an iron pin; thence 8550 17' 0311W for a distance of
151. 16 ' to an iron pin; thence 8890 111 58"W for a distance of
137.14' to an iron pin' ; thence N020 45 I 5211E for a distance of
488.89' to an iron pin; thence 8850 09' 08"E for a distance of
312.15' to an iron pin; thence 8560 51' 19"E for a distance of
68.71' to an iron pin; thence, N490 12' 261E for a distance of
31. 56 ' to an iron pin; thence 8810 56' 38"E for"a distance of
348.72' to an iron pin; thence N830 07' 06"E for a distance of
162.31' to an iron pin; thence N660 29' 4611E for a distance of
63.07' to an iron pin; thence 8720 39' 48"E for a distance of 297'
to an iron pin; thence 8360 16' 58ltE for a distance of 72.40' to an
iron pin; thence N730 OS' 16"E for a distance of 502.0' to an iron
pin; thence 8160 54 I 44"E for a distance of 159.07' to an' iron pin;
thence N610 13' 21"E for a distance of 238.381 to an iron pin;
thence N330 59' 3411W for a distance of 67.99' to an iron pin;
thence N30a 35' 51"E for a distance of 295.67' to an iron pin;
thence N170 01' 18"W for a distance of 22.0' to an iron pin; thence
N270 58' 4211E for a distance of 284.99' to an iron pin; thence N~8O
51' 37"W for a distance of 121.401 to an iron pin; thence 8880 20'
16"W for a distance of 63.61' to an iron pin; thence N570 40' 07"W
for a distance of 121.16' to an iron pin; thence N150 17' 35ltW for
4
^,
\ .,
Book 00846: 1492 Augusta - Richmond County
2003010409 03/27/2003 16: 18:25.00
a distance of 65.821 to an iron pin; thence 8660 181 21"W fo~ a
distance pf 61.211 to an iron pin; thence N620 011 18"W for a
distance of 2901 to an iron pin; thence N100 08 I 24"E for a
distance of 65.29' to an iron pin; thence N270 58 I 4211E for a
distance of 388.37' to an iron pin; thence N620 01\ 1BIIW for a
distance of 40' to an iron pin; thence N270 58' 4211E for a distance
of 140' to an iron pin; therice 8620 011 18"E for a distance of IS'
to an iron pin; thence N270 581 42"E for a distance of 190' to an
5
"
~
Book 00846:1493 Augusta - Richmond County
200301040903/27/200316:18:25.00
EXHIBIT "A" CONTINUED
LESS AND EXCEPT FROM THE FOREGOING PROPERTY:
A. ALL those tracts or parcels ofland, together with any improvements thereon, situate, lying
and being in Richmond County, Georgia, containing 14.60 acres and 5.54 acres more fully
shown and designated upon plats thereof recorded on Realty Reel 629, pages 1295, 1297-
1298.
ALSO
B. ALL those tracts or parcels of land, together with all improvements thereon, situate, lying
and being in the State of Georgia, County of Richmond, containing 7.12 acres, 1.23 acres and
12.95 acres all of which are referenced in a deed dated January 29, 1998 from Trotter Realty
Co. to Nordahl and Company recorded in the Office of the Clerk of Superior Court,
Richmond County, Georgia, on Realty Reel 584, page 130. The foregoing deed makes
reference to plats which, through inadvertence, were not recorded on the records of
Richmond County. The 7.12 and 1.23 acre parcels are shown upon a plat thereof dated
December 29, 1997 prepared by W. R Toole Engineers, Inc. for Nordahl and Company, Inc.
to which referenced is hereby made. These parcels are more fully described as follows:
Commencing at a #4 Rebar set at the Northeastern terminus of Cross Creek
Road shown on a plat of Section 2, Phase I of Quail Ridge Subdivision
recorded in the Office of Clerk of Superior Court, Richmond County, .
Georgia, on Realty Reel 250 at pages 1710-1715; with the POINT OF
BEGINNING being thus established, thence N 87"55'41" W for a distance of
70,00 feet across the right-of-way of Cross Creek Road to a #4 Rebar set;
thence N 01'02'00" E for a distance of 13,97 feet to a #4 RF.; thence N
87"55'31" W for a distance of 149.68 feet to a #4 RF,; thence N 01'54'34" E
for a distance of688.33 feet to a #4 RS.; thence N 01'54'34" E for a distance
of267.51 feet to a #4 RS.; thence N 16'09'24" W for a distance of65.04 feet
to a #4 RS.; thence N 78'17'56" E for a distance of148.56 feet to a #4 R.S.; ,
thence S 41'27'11" E for a distance of 188.50 feet to a #4 RS.; thence S .
27"09'27" E for a distance of 189.84 feet to a #4 R S.; thence along the arc of
a circle having the radius of 450 feet and an arc length of 11 feet and a chord
having a bearing ofN 56'36'42" E and a chord distance of 11 feet to a #4
R.S.; thence S 27"09'28" E for a distance of 50.26 feet to a #4 R.S.; thence
along the arc of a circle having a radius of 400 feet and an arc length of 16.88
feet measured on a chord bearing of S 55'24'32" W and a chord length of
16.88 feet to a #4 R.S.; thence S 38'45'53" E for a distance of 143.19 to a #4
Book 00846:1494 Augusta - Richmond County
200301040903/27/2003 16: 18:25.00
R.S.; thence S 44'45'21" W for a distance of71.38 feet to a #4 R.F.; thence
S 21 '27'10" W for a distance of 119.98 feet to a #4 RF.; thence S 07'01'07"
W for a distance of 109.46 feet to a #4 R.F.; thence S 01 '59'55" W for a
distance of81.95 feet to a #4 R.F.; thence S 02'00'04" W for a distance of
114.92 feet to a #4 R.F.; thence S 08'58'10" E for a distance of 139.72 feet
to a #4 R.F.; thence N 87'55'39" W for a distance of 166.76 feet to the
POINT OF BEGINNING.
ALSO
ALL that tract or parcel ofland, together with any improvements thereon, situate, lying and
being in Richmond County, Georgia, containing 12.95 acres which is more fully shown upon a plat
thereof prepared by Walter A. Bell dated December 28, 1997 to which reference is made in that
certain Warranty Deed from Trotter Realty Co. to Nordahl and Company dated January 29, 1998
recorded on Realty Reel 584, page 130, The 12.95 acre tract is more fully described as follows:
Commencing at an iron pin located at the Northeast corner of Lot 1, Block M,
Section 2, Phase II of Quail Ridge Subdivision shown upon a plat thereof
recorded in the Office of the Clerk of Superior Court, Richmond County,
Georgia, on Realty Reel 298, page 1746-1751; with the POINT OF
BEGINNING being thus established, thence S 65' 10'07" E for a distance of
730 feet to an iron pin; thence S 29'07'26" W for a distance of826.05 feet to
an iron pin; thence N 48'51'37" W for a distance of 121.40 feet to the Eastern
right-of way of Woodcock Drive; thence S 88'20'16" W for a distance of
63.61 feet across Woodcock Drive to an iron pin; thence N 57' 40'07" W for
a distance of 121. 16 feet to an iron pin; thence N 15' 1 7'3 5" W for a distance
of65.82 feet to an iron pin; thence S 66' 18'21" W for a distance of61.21 feet
to an iron pin; thence N 62'01'18" W for a distance of290 feet to an iron pin;
thence N 10'08'14" E for a distance of65.29 feet to an iron pin; thence N '
27'58'42" E for a distance of388.37 feet to an iron pin; thence N 62'01'18"
W for a distance of 40 feet to an iron pin; thence N 27'58'42" E for a distance
of 140 feet to the right-of-way of Cross Haven Drive; thence S 62'01'18" E
for a distance of 15 feet along the right-of way of Cross Haven Drive; thence
N27'58'42" Efor a distance of190 feet to the POINT OF BEGINNING. The
plat by Walter A. Bell also shows a storm water retention area along the
Southeastern boundary of this 12.95 acre parcel.
The Property conveyed by this deed ws acquired by Trotter Realty Co. from Lofco, Inc. in
a series of conveyances.
Book 00846: 1495 Au us' .
200301 0409 03J27~~O~~h~6~~ ~~2~~ 00
ALSO
ALL that tract or parcel of land, together with all improvements
thereon, situate, lying and being in Richmond County, Georgia, containing
4.439 acres shown as Tract "A" on a plat dated December 21, 1999,
prepared by James G. Swift & Associates for the Augusta Commission
which plat is recorded herewith.
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Book 00846: 1475 Augusta - Richmond County
200301040803(27/200316:18:24.01
$0.00 DEED OF GIFT
I iiilli Ili/liilll iiiii IIIli Wi/lliII Wli iiiij iiiillili Iii!
2003010408 Augusta - Richmond County
I' t I
.-
RETURN TO:
JAMES B. WALL, City Attorney
P.O. Box 2125
454 Greene Street
Augusta, GA 30903
STATE OF GEORGIA )
)
COUNTY OF RICHMOND )
DEED OF GIFT
THIS INDENTURE, made the ~ day of March 2003, between TROTTER FAMILY
PARTNERSHIP, a general partnership composed of WILLIAM A. TROTTER, ill, T.
BARRETT TROTTER, J. DAVIS TROTTER and JANE T. NICHOLS (hereinafter referred
to as "Grantors"), and AUGUSTA, GEORGIA (hereinafter referred to as "Grantee") ("Grantors"
and "Grantee" to include their respective successors, legal representatives and assigns where the
context requires or permits).
WIT N E SSE T H:
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, aliened, conveyed and confirmed, and does hereby grant, bargain, sell, alien
convey and confirm unto Grantee all that tract or parcel of land located in Augusta, Georgia
containing 95.75 acres being more particularly described on Exhibit "A" attached hereto and by
reference made a part of this Deed of Gift (the "Property").
. .
Book 00846:1476 Augusta - Richmond County
200301040803/27/2003 16:18:24.01
, . .
.
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 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 HA VB AND TO HOLD the Property, together with all and singular the rights ways and
appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper
use, benefit and behoof of Grantee forever in FEE SIMPLE
AND GRANTOR WILL WARRANT and forever defend the right and title to the property
unto Grantee against the claims of any persons owning, holding or claiming by, through or under
Grantor and all and every other person or persons.
IN WITNESS WHEREOF, the said grantor has hereunto caused these presents to be
executed the day and year first above written.
Signed sealed and delivered
in the presence of:
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~"\\'\ nt-,~ll~ State of Georgia
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$ 1.iJ/ NOMv c~~sion expires:
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) / ~.AJo- C-' ~ (Seal)
) William A. Trotter, III
)
)
) T. BARRETT TROTTER, J. DAVIS
) TROTTER and JANE T. NICHOLS
! By~:'-:'~4 ~ ~al)
) William A. Trotter, III, their agent and
attorney-in-fact evidenced by Special Powers
of Attorney recorded herewith.
Book 00846'1477 A .
200301 0408 03127~20~~16~~ ~~24~ 01
EXHIBIT A
All that tract or parcel of land containing 153.44 acres,
more or less, situate, lying and being in the State of Georgia,
being in the County of Richmond shown and designated upon a plat
thereof prepared by James G. 8wift & Associates for Trotter Realty
Co. on June, 1987 and on a compiled plat thereof prepared for'
Trotter Realty Co. on 8eptember 2, 1986, reference being made to
said plats for a more' complete and accurate description of the
:metes, bounds and location of said property.
This property is more fully described as follows:
Commencing at an iron pin which is located on the western right of
way of Crosscreek Road at the northeastern corner of Lot 11, Block
D, Section 2, Phase I of Quail Ridge Subdivision as shown upon a
plat,thereof recorded in the Office of the Clerk of 8uperior Court,
Richmond County, Georgia, on Realty Reel 250, Pages 1710-1715; with
the point of beginning thus established, thence NQSQ 001 07"W for
a distance of 150' to an iron pin; thence NOlO 59' 5311E for a
distance of 970.57' to an iron pin; thence N710 33' 28"W for a
disEance of 85.02' to an iron pin; thence N020 00' 5211E for a
distance of 686.58' to an iron pin; thence S860 13' 5111E for a
distance of 716.27' to an iron pin; thence 8210 49' 4711E for a
distance 85.27' to an iron pin; thence 8590 021 10llW for a distance
of 60' to an iron pin; thence 8850 16' 48"E for a distance of
190.621 to an iron pin; thence 8050 31' 0211E for a distance of
75.02' to an iron pin; thence N750 24' 4111E for a distance of
124.10' to an iron pin; thence 8560 261 001115 for a distance of ~1 0 1
1
. '.
. ,
Book 00846:1478 Augusta - Richmond County
200301040803/27/200316:18:24.01
to an iron pin; thence 8850 311 02"E for a distance of 1255.0';
thence S080 12' OO"W for a distance of 328.781 to an iron pin;
thence 8740 09' OO"E for a distance of 125' to an iron pin; thence
S570 27 I OOIlE for a distance of 278.791 to an iron pin; thence 8870
16' 2511E for a distance of 105.111 to an iron pin; thence 8220 451
0411E for a distance of 168.07' to an iron pin on the northwestern
right of way of Crosscreek Road; thence 8630 26 I 0611W for a
distance of 44.72' to an iron pin; thence 8250 56' 3211E for a
distance of 205.73' to an iron pin; thence 8450W for a distance of
82.02' to an iron pin; thence S090 48' 4111W for a distance of
539.90' to an iron pin; thence 8100 03' 39" E for a distance or
314.84' to an iron pin; thence 819020' 05"E for.a distance of
302.03' to an iron pin; thence 8320 06' 23"E for a distance of
301.03 I to an iron pin; thence 8040 17 I 06"W for a distance of
200.56' to an iron pin; thence S340 59 I 3111W for a distance of
549.30' to an iron pin; thence 8260 12' 4111E for a distance of
72.45' to an iron pin; thence N750 52' 01"E for a distance of
286.68' to an iron pin; thence 8740 34 I 1211E for a distance of
140.69' to an iron pin; thence 8290 56 I 31"8 for a distance of
144.25' to an iron pin; thence 8610571 0711W for a distance of
664.711 to an iron pin; thence 8070 49' 5111E for a distance of
75.74' to an iron pin; thence 8400 26 I 1211E for a distance of
151.09' to an iron pin; thence S300 18' 40"W for a distance or
75.29 I to an iron pin; thence 8280 46 I 0411E for a distance of
290.90' to an iron pin; thence 873018' 03"E for a distance of
104.401 to an iron pin; thence 8400431 5611E for a distance of
:2
Book 00846:1479 Augusta - Richmond County
200301040803/27/200316:18:24.01
237.54' to an iron pin; thence 850024' 2811W for a distance of
361.09' to an iron pin; thence N430 231 28"W for a distance of
137.781 to an iron pin; thence N610 33' 2511W for a distance of
272.95 I to an iron pin; thence N120 52' 30llW for a distance of
179.51' to an iron pin; thence N490 11' 06"W for a distance of
375.00' to an iron pin; thence N640 441 05 "W for a distance of
135.48' to an iron pin; thence 833021' 5911W for a distance of
66.83' to an iron pin; thence N560 38' OlllW for a distance of
134.381 to an iron pin; thence 8640 511 19"W for a distance of
108.26' to an iron pin; thence N600 24' 44 "W .for a distance of
135.69' to an iron pin; thence 8330 41' 2411W for a distance of
21.63 I to an iron pin; thence N530 19' 04"W for. a distance of
..
122.20' to an iron pin; thence N170 11' 09"W for a distance of
101.53' to an iron pin; thence 8880 41' 5311W for a distance of
44.01' to an ~ron pin; thence N380 57' 21"W for a distance of
120.88' to an iron pin; thence N110 18' 36"W :Ear a distance of
61.19' to an iron pin; thence N520 27' 38"W for a distance of
119.81' to an iron pin; thence N050 351 5811E for a distance of
102.49' to an iron pin; thence N620 19' 08"W for a distance of
275.541 to an iron pin; thence N750 49' 40"W for a distance of
102.11' to an iron pin; thence 8640 03' 28"W for a distance of
41.15' to an iron pin; thence N720 491 5511W for a distance of
128.74' to an iron pin; thence 8760 12 I 02"W for a distance of
58.691 to an iron pin; thence N720 40' 3311W for a distance of
114.181 to an iron pin; thence N340 46' 40"W for a distance of
43.85 I to an iron pin; thence 8740 39' 00 "W for a distance of
3
Book 00846:1480 Augusta - Richmond County
2003010408 03/27/2003 16:18:24.01
52.89' to an iron pin; thence N630 061 42"W for a distance of
229.87' to an iron pin; thence N480 48' 51"W ~or a distance of
63.78 I to an iron pin; thence N210 05' 3211W for a distance of
75.03' to an iron pin; thence 8670 29' 47"W for a distance of
151.541 to an iron pin; thence 822022' 48"W for a distance of
91.92 I to an iron pin; thence 8550 17' 0311\'l for a distance of
151.16' to an iron pin; thence 8890 11' 58 "W for a distance of
137.14' to an iron pin'; thence N020 45' 52"E for a distance of
488.89' to an iron pin; thence 8850 09' 08"E for a distance of
312.15' to an iron pin; thence S560 51' 19" E for a distance of
68.71' to an iron pin; thence. N490 121 26'g for a distance of
31.56' to an iron pin; thence 8810 56' 38"E for. a distance of
348.72' to an iron pin; thence N830 07' 06 II E for a distance of
162.31' to an iron pin; thence N660 291 46"E for a distance of
63.07' to an iron pin; thence 8720 39' 4811E for a distance of 297'
to an iron pin; thence 8360 16' 58"E for a distance of 72.40' to an
iron pin; thence N730 05' 16"E for a distance of 502.0' to an iron
pin; thence 8160 54' 44" E for a distance of 159.07 I to an iron pin;
thence N610 13' 21"E for a distance of 238.38' to an iron pin;
thence N330 59' 34"W for
a distance of 67.99' to an iron pin;
thence N30.:l 35' 51"E for a distance of 295.67' to an iron pin;
thence N170 01' 18"W for a distance of 22.0' to an iron pin; thence
N270 58' 42"E for a distance of 284.99' to an iron pin; thence N480
511 37"W for a distance of 121.401 to an iron pin; thence S880 20'
1611W for a distance of 63.611 to an iron pin; thence N570 40' 07"W
for a distance of 121.161 to an iron pin; thence N150 17' 35"W for
4
. ..
Book 00846:1481 Augusta - Richmond County
2003010408 03/27/2003 16: 18:24,01
a distance of 65.821 to an iron pin; thence 8660 181 2111W for a
distance of 61.21' to an iron pin; thence N620 011 18 "W for a
distance of 290 I to an iron pin; thence N100 08' 2411E for a
distance of 65.291 to an iron pin; thence N270 58' 4211E for a
distance of 388.37' to an iron pin; thence N620 011 1811W for a
distance of 40' to an iron pin; thence N270 58' 42"E for a distance
of 1401 to an iron pin; thence 8620 01' 18"E for a distance of 15'
to an iron pin; thence N270 58' 4211E for a distance of 190' to an
iron pin; . thence N620 01' 18"W for a distance of 680.0' to an iron
pin; thence N680 30' 07"W for a distance of 102.61' to an iron pin;
thence N770 59' 48"W for a distance of 113.511 to an iron pin;
thence S810 01' 04"W for a distance of 113.541 to an iron pin;
thence 8720 53' 50"W for a distance of 288.38' to an iron pin;
thence 8620 33' 15"W for a distance of 118.45' to an iron pin;
thence 8440 351 2311W for a distance of 119.931. to an iron pin;
thence S210 381 22"W for a distance of 119.931 to an iron pin;
thence 8060 57' 4211W for a distance of 109.33' to an iron pin;
thence SOlO 59' 35"W for a distance of 196.951 to an iron pin;
thence 8090, 021 3711E for a distance of 139.72' to an iron pin;
thence N880 00' 07"W for a distance of 236.76' to the point of
beginning.
5
.,' .
Book 00846:1482 Augusta - Richmond County
200301040803/27/2003 16:18:24.01
EXHffiIT "A" CONTINUED
LESS AND EXCEPT FROM THE FOREGOING PROPERTY:
A. ALL those tracts or parcels of land, together with any improvements thereon, situate, lying
and being in Richmond County, Georgia, containing 14.60 acres and 5.54 acres more fully
shown and designated upon plats thereof recorded on Realty Reel 629, pages] 295, ]297-
]298.
ALSO
B. ALL those tracts or parcels of land, together with all improvements thereon, situate, lying
and being in the State of Georgia, County of Richmond, containing 7, ] 2 acres, 1.23 acres and
12.95 acres all of which are referenced in a deed dated January 29, 1998 from Trotter Realty
Co. to Nordahl and Company recorded in the Office of the Clerk of Superior Court,
Richmond County, Georgia, on Realty Reel 584, page 130. The foregoing deed makes
reference to plats which, through inadvertence, were not recorded on the records of
Richmond County. The 7.]2 and 1.23 acre parcels are shown upon a plat thereof dated
December 29, 1997 prepared by W, R Toole Engineers, Inc. for Nordahl and Company, Inc.
to which referenced is hereby made. These parcels are more fully described as follows:
Commencing at a #4 Rebar set at the Northeastern terminus of Cross Creek
Road shown on a plat of Section 2, Phase I of Quail Ridge Subdivision
recorded in the Office of Clerk of Superior Court, Richmond County,
Georgia, on Realty Reel 250 at pages 17]0-]715; with the POINT OF
BEGINNING being thus established, thence N 87'55'41" W for a distance of
70.00 feet across the right-of-way of Cross Creek Road to a #4 Rebar set;
thence N 0] '02'00" E for a distance of 13.97 feet to a #4 R.F.; thence N
87'55'31" W for a distance of 149.68 feet to a #4 RF.; thence NO] '54'34" E
for a distance of688.33 feet to a #4 RS.; thence N 01 '54'34" E for a distance
of267.51 feet to a #4 RS.; thence N 16'09'24" W for a distance of65.04 feet
to a #4 R.S.; thence N 78'] 7'56" E for a distance of 148.56 feet to a #4 R.S.;
thence S 41 '27'1111 E for a distance of ]88.50 feet to a #4 RS.; thence S
27'09'2711 E for a distance of 189.84 feet to a #4 RS.; thence along the arc of
a circle having the radius of 450 feet and an arc length of 11 feet and a chord
having a bearing ofN 56'36'42" E and a chord distance of 1] feet to a #4
RS.; thence S 27'09'2811 E for a distance of 50.26 feet to a #4 R.S.; thence
along the arc of a circle having a radius of 400 feet and an arc length of 16.88
feet measured on a chord bearing of S 55'24'3211 Wand a chord length of
16.88 feet to a #4 R.S.; thence S 38'45'5311 E for a distance of 143.19 to a #4
. "
Book 00846:1483 Augusta - Richmond County
200301040803/27/2003 16:18:24,01
RS.; thence S 44045'21" W for a distance of71.38 feet to a #4 RF.; thence
S 21027'10" W for a distance of 119.98 feet to a #4 R.F.; thence S 07"01'07"
W for a distance of 109.46 feet to a #4 RF,; thence S 01059'55" W for a
distance of 81.95 feet to a #4 RF.; thence S 02000'04" W for a distance of
114.92 feet to a #4 RF.; thence S 08058'10" E for a distance of 139.72 feet
to a #4 RF.; thence N 87"55'39" W for a distance of 166.76 feet to the
POINT OF BEGINNING.
ALSO
ALL that tract or parcel ofland, together with any improvements thereon, situate, lying and
being in Richmond County, Georgia, containing 12.95 acres which is more fully shown upon a plat
thereof prepared by Walter A. Bell dated December 28, 1997 to which reference is made in that
certain Warranty Deed from Trotter Realty Co. to Nordahl and Company dated January 29, 1998
recorded on Realty Reel 584, page 130. The 12.95 acre tract is more fully described as follows:
Commencing at an iron pin located at the Northeast corner of Lot 1, Block M,
Section 2, Phase II of Quail Ridge Subdivision shown upon a plat thereof
recorded in the Office of the Clerk of Superior Court, Richmond County,
Georgia, on Realty Reel 298, page 1746-1751; with the POINT OF
BEGINNING being thus established, thence S 65010'07" E for a distance of
730 feet to an iron pin; thence S 29007'26" W for a distance of826.05 feet to
an iron pin; thence N 48051'37" W for a distance of 121.40 feet to the Eastern
right-of way of Woodcock Drive; thence S 88020'16" W for a distance of
63.61 feet across Woodcock Drive to an iron pin; thence N 57"40'07" W for
a distance of 121. 16 feet to an iron pin; thence N 15017'35" W for a distance
of 65.82 feet to an iron pin; thence S 66018'21" W for a distance of 61.21 feet
to an iron pin; thence N 62001'18" W for a distance of290 feet to an iron pin;
thence N 10008'14" E for a distance of65.29 feet to an iron pin; thence N
27"58'42" E for a distance of388.37 feet to an iron pin; thence N 62001'18"
W for a distance of 40 feet to an iron pin; thence N 27"58'42" E for a distance
of 140 feet to the right-of-way of Cross Haven Drive; thence S 62001'18" E
for a distance of 15 feet along the right-ofway of Cross Haven Drive; thence
N27"58'42" Eforadistanceof190 feet to the POINT OF BEGINNING, The
plat by Walter A. Bell also shows a storm water retention area along the
Southeastern boundary of this 12.95 acre parcel.
The Property conveyed by this deed ws acquired by Trotter Realty Co. from Lofco, Inc. in
a series of conveyances.
. . .
Book 00846:1484 Augusta - Richmond County
200301040803/27/2003 16:18:24.01
ALSO
ALL that tract or parcel of land, together with all improvements
thereon, situate, lying and being in Richmond County, Georgia, containing
4.439 acres shown as Tract "A" on a plat dated December 21, 1999,
prepared by James G. Swift & Associates for the Augusta Commission
which plat is recorded herewith.
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GF-C1813- Georgia
Title Insurance Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED THROUGH THE OFFICES OF
Attorneys' Title Guarantv Fund, Inc.
THE GEORGIA A TIORNEYS' ORGANIZA nON SPECrALL Y ORGANIZED TO
PROVIDE COMPLETE TITLE ASSURANCE
BY ITS MEMBER
HARRY B. J1\MES, 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 shaH 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 shaH issue, whichever first occurs, provided that the failure to
issue such policy or policies is not the fault of the Company.
This Commitement shall not be valid or binding until Schedule A has been countersigned by either a
duly authorized agent or representative of the Company and Schedule B-1 and B-II have been attached
hereto.
IN WITNESS WHEREOF, the Company has caused this 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
::Errjr~ ~ ~ ::::::
"
.'
ATGF 1813-A
TItle Insurance Commitment
(REV 9/78)
Attorneys' Title Guaranty Fund, Inc.
SCHEDULE A
Agent's
File No: 578
Commitment No. GFC 578
Date Effective: February 25, 2003 1 :00 P.M.
Amount of Policy: $896,000.00
2. Policy or Policies to be issued:
(a) A.L.TA Owner's Policy Form - 1992
Proposed Insured: AUGUSTA, GEORGIA, a political subdivision of the State of Georgia
(b) A.L.TA 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:
TROTTER FAMILY, INC.
5. The land referred to in this Commitment is in the State of Georgia County of Richmond
and described as follows:
SEE ATTACHED EXHIBIT "A"
By:
....
ATGF 1813-8-1
Title Insurance
CommJtment-(REV 9(78)
Attorneys Title Guaranty Fund, Inc.
SCHEDULE B-1
(Exceptions)
Issuing Office File No.: 578
Commitment No. GF-C 578
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 Mure periodic installments, then
the policy shall contain an additional exception which shall read as follows:
.Pending disbursement of the full proceeds of the loan secured by the mortgage insured. this policy only insures the amount
actually disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest
to or for the account of the mortgagor up to the amount of the policy. Such disbursement shall not extend the date of the policy or
change any part thereof unless such change is specifically made by written endorsement duly issued on behalf of the Company.
Upon request by the insured (and payment of the proper charges therefor,) the Company will search the public records subsequent
to the date of the policy and fumish 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. All stu.l"l and COU"t:1 taxes for the year 2G03 and ail taxes for subsequent ye:'lrs.
5. 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.
ATGF 1813-8-11
Tl~e Insurance
Commitment
(REV. 8178)
Attorneys Title Guaranty Fund, Inc.
SCHEDULE 8-11
(Requirements)
Agent File No. 578
Commitment No. GF.C 578
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. Umited Warranty Deed conveying Fee Simple Title to the within described parcels from Trotter Family, 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.
1"11"1['1:.. D. ClJt:J..:J .:). ""fO,I"
~jO. ItJtJ
P.2/8 r' "
EXHIBIT A
All'that tract or parcel of land containing 153.44 acres,
more or less, situate, lying and being in the State of Georgia,
being in,the County of Richm~nd shown and designated upon a plat
thereof prepared by James G. Swift & Associ at,s for Trotter Realty
Co. on June, 1~87 and on a compiled plat thereof prepared fot:
Trotter Realty Co. on September 2, 1986, referen~e being made to
aaid plata for a more' complete and accurate description of th~
:metea, bounds and location of said property.
ThiB property is more fully described as follows:
Commencing at an iron pin which 1-s looated on the western right of
way of Crosacreek Road at the northeastern corner of tot 11, Block
0, Section 2, Phase I of Quail Ridge Subdivision'aa shown upon a
plat .,thereof recorded in the Office of the Clerk of. Superior Court I
Richmond County, Georgia, ~n Realty Reel 250, Pages 1710-1715; with
the point of beginning thua established, thence NaOo 001 07"W for
a distance of 150' to an iron pin, thence, NOlo 59' 531lE tal' a
distance of 970.57' to an iron pin; thence N710 33' 2B"W for a
diat!ance of 85.02' to an iron pin; thence N020 DO' 5211E for a
diatance of 686.58' [.0 an iron pin; thence S8lia 131 SlUE for a
distance of 716.27' .to an iron pin; thenoe S211' 491 t?IIE for a
distance 85.211 to an iron pin; thence S59Q 02' lO"W for a distance
I o:e
of 60' to an iron pin; thence SBSo 161 48"E for a distance
190.62' to an iron pin; thence S050 311 02"E for a distanoe of
t ,;
,75.02' to an it'on pill; t.hence N750 21' 411lE for a distance of
124.~0' to an iron pill, thence S~60 26' 00"8 for a distance of 40'
1
I.'
I INl'. .0 a c.t::JU-i ~. '-40rTI
r;U.ll:Jl:l . :. .j/l:J
,'".
to an iron pin; thence 8850 31' 02"E for a distance of 1255.0';
thence S080, 12' OO"W for a 'distance of 328.78 I to an iron p~n;
thenc~ 8740 09' aO"E tor a distance of 125' to a~ iron pin; thence
S570 271 OO"E for a distance of 278.19' to an iron pin; thence S870
16' 25uE for a 'distance of 10S.11' to an iron pin; thence S220 45'
04"g for a distance of 168.07' to an iron pin on the northwestern
right of way of Crosscreek Road; thence .9630 26' OEi"W for a
distance of 44.72' to an iron pin; thence S250 561 32"E for a
distance of 205.73' to an iron ,pin; thence S450W for a distance of
82.02' to an iron pin; thence S090 48' 4111W for a distance of
539.90' to an iron pin; thence S100 03' 39"E for a distance of
314.84' to an iron pin; thence S190 20' aSHE for.a distance of
"
302.03' to an iron pin; thence S320 06' 2311E for a distance of
301.03' to an iron pin; thence S040 17' 06"W for a distance of
200.56' to an iron pin; thenoe S340 59' 31"W for a distance of
549.30' to an iron pin; thence S260 12' 41"E for a distance of
72.45' to an iron pin; thence N750 5~1 OlliE fo~ a distance ,of
2B6. 6B' to an iron pin; thenc~~ S740 34' 12"E for a distance 'of
140.69' to an iron, pin; thence S290 56' 31"E for a distance of
144.251 to an iron pin; thence S610 57' 07"W for a distanoe of
664.71' to an iron pin; thenoe 9070 49' 51 "E for a distance of
75.741 to an iron pin; thence 9400 2Gt 12"E fo.r a dietance of,
i I
151.09' to an iron pin; thence 5300 181 40"W for a distance :of
75.29' to an iron pin; t.hence S280 ~6' 04"E fo1.. a distance of
290.90' to an iron pin; thence S7Jo 18' 03"E for a dist.ance of
104..40' to an 1:I:on pin; thence 5400 431 56"E for a distance of
2
. "lFlR. '0.2003 3:49P~1
'NO.188 'P.4/8'
237. S4' to an iron pin; thence 8500 24' 28"W for a distance of
361.09' to an iron ~in; thence N430 23' 2B"W for a distance of
137 :79 I to an iron pin; thence N610 33' 25"W for a distance of
272.95' to an iron pin; thence N120 52' 30"W for a distance of
179.51' to an iron .pin: thence N490 11' 06"W for a distance of
375.00 I to an iron pin; thence N640 44 I OS"W for a distance of
135.48' to an iron pin; thence S330 21' 59"W for a distance of
66.83' to an iron pin; thence NS60 39' 01"W for a distance of
134.38' to an iron pin; thence 8640 51' 19"W for a distance of
108.26' to an iron pin; thence N600 24' ,44"W for a distance of
-135.69' to an iron pin: thence S330 41' 24"W.for a distance of
21.63' to an iron pin; thence NS30 19' 04"W for.a distance of
"
122.20' to an iron pin; thence N170 11' 09"W ~or a distance of
101.53' to an iron pin; thence S880 41' 53"W for a distance of
44.01' to <;tn ~ron pin; thence N380 57' 21"W ~or a distance of
120.88' to an iron pin; thence Nil0 IBI 36"Wfor a distance of
61.19 I to an iron pin; thence N520 27' 38"W for a distance. ~f
119.81' tp an iron pin; thence NOSo 35' 58"E for a distance' of
102.49' to an iron, pin; thence N620 19' OB"W for a distance of
275.54' to an iron pin; thence N75D 49' 40"W ~or a distance of
102.1.1.' to an iron pin; thence 5640 03' '28"W for a distance of
41.15' to an iron pin; thence N720 49' 5511W for a distance of
128.741
to an iron pin;
; I
thence S?60 121 02"W for a distance ;of
58.69' to an iron pin; thence N720 40' 33"W for a distance of
114.18' to an iron pin; thence N340 46' '10"W ,for a distance' of
43.85' t.o an iron pin; thence 8740 39' OO"W for a distance of
3
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J-'. ~/Ij ,
. ,. I
52.B9' to an iron pin; thence N6)O 06' 42"W for a distance of
.2 29. ff7' to 'an iron pin; thence N480 46 I 51 "W for a distance of
63.78 I to an iron. pin; thence N210 05' 32 "W for a distance of
75.031 to an iron pin, thence S670 29' 47"W for a distance of
151. 54 I to an iron pin; thence 5220 22' 4B "W for a distance of,
91.92' to an iron pin; thence S550 17' 03"W for a dist.ance of
151.16' to an iron pin) thence S890 III 58"W ~or a distance of
137.14' to an iron pin'; thence N020 45' 52"E :for a distance of
466.89' to an iron pin; thence S850 09' De"E for a distance of
312.151 to an iron pin; thence S560 51' 19"E for a distance of
'68.711 to an iron pin; thenoe ~490 121 26'B for a distance of
31.56' to an iron pin; thence Sa10 56' 38"E for' a distance of
348.72' to an iron pin; thence Na30 071 OG"E f6r a distance of
162.31' to an iron pin; thence N660 29' 46"E for a distance of
63.07' to an iron pin; thence S720 39' 4B"E for a distance of 297'
to an iron pin; thence 5360 16' 58"E for a distance of 72.40' to an
iron pin; thence N730 05' 16"E for a distance of 502.0' to an iron
pin; thence S160 54' 44"E for a distance of 159.07' to an'iron pln;
thence N610 13' 21"E for a distanoe of 238.38' to an iron pin;
thence N330 59' 34"W for a distance of 67.99~ to an iron pirt;
thence N300 35' 51"g for a distance of 295.67' to an iron pin;
'thence N170 01' lB"W for a distance of 22.0' to an iron pin; ~hence
f
N2?0.S8' 42"E for a distance of 284.99' to an iron pin; thencb N~80
51' 37"W for a distance of 121.401 to an iron pin; thenoe saeo 20'
16"W f6r a distance of 63.61' to an iron pin; thence N570 40' 07"W
fo~ a distance of 121.16' to an iron pin; thence' N150 17' 35"W for
4
I'IJ-IK. . b. ctJl::J..i .;j: 4':11~1'1
. flU. 10tJ " 1-'. b/tJ
I
, ,
a distance of 65.82' to an iron pin; ,thence SG60 IB' 21"W for a
distance pi 61.21' to an iron pin j . thence N621l 01' 18 "W for a
dista'nce of 2901 to an iron pin; thence NIOIl 08' 24"E for a
distance of 65.29' to an iron pin; th~nce N270 58' 42"E for a
distance of 389.37' to an iron pin; thence N620 01' 18"W for a
distance of 40' to an iron pin; thence N271l 58' 42"E for a distance
of 140' to an iron pin; therice 9620 01' 18"E for a distance of 15'
to an iron pin; thence N270 58' 42"E for a distance of 190' to an
iron pin; .thence N62/l 01' le"W for a distance of'680.0' to an iron
pin; thence N691l 30' O?"W for a distance of 102.61' to an iron pin;
thence N770 59' 48"W for a d~~tance of 113.51' to an iron pin;
thence S810 01' 04"W for a distance of 113.54' to an iron pin;
thence S720 53' SO"W for a distance of 286.36' .to' an iron pin;
,
thence S620 33' 15"W for a dist.ance of 116.45" 'to an iron pin;
thence $440 35' 23"W for a distance of 119.93' to an iron pin;
thence S210 38' 22"W for a distanoe of 11~.93' to an iron pin;
thence SOGO 571 42"W for a distance of 109.331 to an iron pin~
,
thenoe SOlll 59' 35"W for a dietance of 196.95\ .to an iron pin;
thence S090' 02' 37,IIE for a distance of 139.72; to an iron pin;
thence Ne8D 00' D7"W for a distance of 236.76' to the point of
beginning.
5
:1
1'11-11<. . b. cl,:nCl,j ,j' "l'::lI~I'1
rlU.ltJtJ '.... (/l:j
EXHIBIT "A" CONTINUED
LESS AND EXCEPT FROM THE FOREGOING PROPERTY:
A. ALL those tracts or parcels ofland, together with any improvements thereon, situate, lying
and being in Richmond County, Georgia, containing 14.60 acres and 5,54 acres more fully
shown and designated upon plats thereof recorded on Realty Ree1629, pages 1295, 1297-
]298.
ALSO
B. ALL those tracts or parcels of land, together with all improvements thereon, situate, lying
and being in the State of Georgia, County of Richmond, containing 7.12 acres, 1.23 acres and
12.95 acres all of which are referenced in a deed dated January 29, 1998 from Trotter Realty
Co. to Nordahl and Company recorded in the Office of the Clerk of Superior Court,
Richmond County, Georgia, on Realty Reel 584, page 130. The foregoing deed makes
reference to plats which, through inadvertence, were not recorded on the records of
Richmond County. The 7.12 and 1.23 acre parcels are shown upon a plat thereof dated
December 29, 1997 prepared by W, R, Toole Engineers, Inc. for Nordahl and Company, Inc.
to which referenced is hereby made, TheBe parcels are more fully described as follows:
Commencing at a #4 Rebar set at the Northeastern terminus of Cross Creek
Road shown on a plat of Section 2, Phase I of Quail Ridge Subdivision .
recorded in the Office of Clerk of Superior Court, Richmond County, .
Georgia, on Realty Reel 250 at pages 1710-1715; with the POINT OF
BEGINNING being thus established, thence N 87'55'4111 W for a distance of
70.00 feet across the right-of-way of Cross Creek Road to a #4 Rebar set;
thence N 01'02'00" E for a distance of 13.97 feet to a #4 R.F.; thence N
87'55'31" Wfora distance ofl49.58 feet to a #4R.F.; thenceN 01'54'34" E
for a distarice of688.33 feet to a #4 RS.; thence N 01'54'34" E for 11 distance
of267.51 feetto a #4 RS.; thence N 16'09'24" W for Il distance of65,04 (eet '
to a #4 R.S.; thence N 78'17'5611 E for a distance of148,56 feet. to a #4 R.B.; I
thence S 41'2111" E for a distance of 188.50 feet to a #4 R,S,; thence S !
27'09'2711 E for a distance of] 89.84 feet to a #4 R.S.; thence along the arc of
a circle having the radius of 450 feet and an arc length of 11 feet and a chord .
having a bearing ofN 56"36'42" E and a chord distance of 11 feet to a #4
R.S.; thence S 27'09'28" E for a distance of50,26 feet to a #4 R.S.; thence
along the arc of a circle having a radius of 400 feet and an arc length of 16.88
feet measured on a chord bearing of S 55'24'32" Wand a chord length of
16.88 feet to a #4 RS.; thence S 38'45'53" E for a distance of 143.19 to a #4
1'1H~. . b. C:l1I1.:l 3 ; :..ldt-'rl
. NO.ll:Jl:J' f!'.I:J/1:J
R'S.; thence S 44'45'2111 W for a distance of71.38 feet to a #4 R.F.; thence
S 21'27' 1 0" W for a distance of 119.98 feet to a #4 RF.; thence S 07'01'07"
W for a distance of 109.46 feet to a #4 RF.; thence S 01'59'55" W for a
distance of81.95 feet to a #4 R.F,; thence S 02'00104" W for a distance of
114.92 feet to a #4 RF.; thence S 08'58'10" E for a distance of 139,72 feet
to a #4 RF.; thence N 87"55'39" W for a distance of 166,76 feet to the
POlNT OF BEGINNING.
ALSO
ALL that tract or parcel ofland, together with any improvements thereon, situate, Jying and
being in Ricbmond County, Georgia, containing 12.95 acres which is more fully shown upon a plat
thereof prepared by Walter A Bell dated December 28, 1997. to which reference is made in that
certain Warranty Deed :from Trotter Realty Co. to Nordahl and Company dated January 29, 1998
recorded on Realty Ree1584, page 130. The 12.95 acre tract is more fully described as follows:
Commencing at an iron pin located at the Northeast comer ofLat ], Block M,
Section 2. Phase II of Quail Ridge Subdivision shown upon a plat thereof
recorded in the Office of the Clerk of Superior Court, Richmond County,
Georgia, on Renlty Reel 298, page 1746-1751; with the POINT OF
BEGINNING being thus established, thence S 65'10'07" E for a distance of
730 feet to an iron pin; thence S 29'07'26" W for a distance of 826. 05 feet to
an iron pin; thence N 48' 5113 7" W for a distance of 121.40 feet to the Eastern
right-of way of Woodcock Drive; thence S 88020'16'/ W for n distance of
63.61 feet across Woodcock Drive to an iron pin.; thence N 57'40'07" W for
a distance of 121.16 feet to an iron pin; thence N 15 '17'3 5" W for a distance
of65,82 feetto an iron pin; thence S 66'18'21" Wfor a distance of61.21 feet
to an iron pin; thence N 62'01'1811 W for a distance of290 feet to an iron pin; ,
thence N 10'08'1411 E for a distance of 65.29 feet to an iron pin; thence N
27'58'42" E for a distance of388.37 feet to an iron p~ thence N 62'01'18"
Wfor a distance of40 feet to an iron pin; the.o.ce N 27'58'42" E for a distance
of 140 feet to the right-of-way of Cross Haven Drive; thence S 62.01'18" E
for a distance of 15 feet along the right-of way of Cross Haven Drive; thence
N27'58'42" E for a distance of190 feet to the POINT OF BEGINNING. The
plat by W8:lter A. Bell also shows a storm wllter retention area along the
South,eastem boundary oftbis 12.95 acre parcel.
,
The Property couveyed by this deed ws acquired by Trotter Realty Co. from Lo/co, Inc, in
a series of conveyances.
.
, .
. . I ~.
STANDARD EXCEPTIONS FOR OWNER'S POLICY
The owner's policy will be subject to the mortgage, if any, noted under item one of Item 4
of Schedule B-1 hereof and to the following general exceptions:
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-1 and/or Schedule B-II of this
Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed
Insured and such parties included under the definition of Insured in the form of policy or
policies committed for and only for actual loss incurred in reliance hereon in undertaking in
good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown
in Schedule B-1 or (c) to acquire or create the estate or interest or mortgage thereon covered
by this Commitment. In no event shall such liability exceed the amount stated in Schedule
A for the policy or policies committed for and such liability is subject to the insuring
provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring
against the Company arising out of the status of the title to the estate or interest or the status
of the mortgage thereon covered by this Commitment must be based on and are subject to
the provisions of this Commitment.
38\fl:l3^O:J VII0l:l::l SNOISnl:JX3
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..
Schedule A for use with Owner's Policy
Attorneys' Title Guaranty Fund, Inc.
SCHEDULE A
Agent's File No:
578
Policy No, GF-OP-53903
Date of Policy:
April 16, 2003 2:00 P.M.
Amount of Insurance: $896,000.00
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:
Georaia
County of
Richmond
SEE ATTACHED SCHEDULED A (CONTINUED)
By:
Schedule B For Use With Owner's Policy
Attorneys 1 Title Guaranty Fund, Inc.
SCHEDULE B
Agent's File No:
578
Policy No. GF.OP-53903
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. The lien of all taxes for the year 2003, and all subsequent years.
9, Declaration of Restrictions and Covenants recorded in Realty Reel 848, beginning at page 1667, aforesaid records, but
this policy insures that a violation thereof will not cause a forfeiture or reversion of title,
ATGF 1056
All Policy Forms
(REV 9(78)
Attorneys' Title Guaranty Fund, Inc.
SCHEDULE
A
(Continued)
Agent's
File No: 578
Commitment No. GF- 578
Policy No. GF-53903
All that tract or parcel of land containing 153.44 acres, more or less, situate, lying and being in the
State of Georgia, being in the County of Richmond shown and designated upon a plat thereof
prepared by James G. Swift & Associates for Trotter Realty Co., on June, 1987 and on a compiled
plat thereof prepared for Trotter Realty Co., on September 2, 1986, reference being made to said
plats for a more complete and accurate description of the metes, bounds and location of said
property.
This property is more fully described as follows: Commencing at an iron pin which is located on
the western right of way of Crosscreek Road at the northeastern corner of Lot 11, Block D, Section
2, Phase I of Quail Ridge Subdivision as shown upon a plat thereof recorded in the Office of the
Clerk of Superior Court, Richmond County, Georgia, on Realty Reel 250, pages 1710-1715; with
the point of beginning thus e3tablished, thence N880 00' 07"W for a distance of 150' to an iron pin;
thence N01 0 59' 53"E for a distance of 970.57' to an iron pin; thence N710 33' 28"W for a distance
of 85.02' to an iron pin; thence N020 00' 52"E for a distance of 686.58' to an iron pin; thence S860
13' 51"E for a distance of 716.27' to an iron pin; thence S21 049' 47"E for a distance of 85.27' to an
iron pin; thence S590 02' 10"W for a distance of 60' to an iron pin; thence S850 16' 48"E for a
distance of 190.62' to an iron pin; thence S050 31' 02"E for a distance of 75.02' to an iron pin;
thence N750 24' 41"E for a distance of 124.10' to an iron pin; thence S560 26' OO"E for a distance
of 124.10' to an iron pin; thence S560 26; OO"E for a distance of 40' to an iron pin; thence S850 31'
02"E for a distance of 1255.0'; thence S080 12' OO'W for a distance of 328.78' to an iron pin;
thence S740 09' OO"E for a distance of 125' to an iron pin; thence S57" 27' OO"E for a distance of
278.79' to an iron pin; thence S870 16' 25"E for a distance of 105.11' to an iron pin; thence S220
45' 04"E for a distance of 168.07' to an iron pin on he northwestern right of way of Crosscreek
Road; thence S630 26' 06'W for a distance of 44.72' to an iron pin; thence S250 56' 32"E for a
Page 1 of 6
distance of 205.73' to an iron pin; thence 8450W for a distance of 82.02' to an iron pin; thence
8090 48' 41"W for a distance of 539.90' to an iron pin; thence 8100 03' 39"E for a distance of
314.84' to an iron pin; thence 8190 20' 05"E for a distance of 302.03' to an iron pin; thence 8320
06' 23"E for a distance of 301.03' to an iron pin; thence 8040 17' 06"W for a distance of 200.56' to
an iron pin; thence 8340 59' 31"W for a distance of 549.30' to an iron pin; thence 8260 12' 41 "E for
a distance for 72.45' to an iron pin; thence N750 52' 01"E for a distance of 286.68' to an iron pin;
thence 8740 34' 12"E for a distance of 140.69' to an iron; thence 8290 56' 31 "E for a distance of
144.25' to an iron pin; thence 8610 57' 07'W for a distance of 664.71' to an iron pin; thence 8070
49' 51"E for a distance of 75.74' to an iron pin; thence 8400 26' 12"E for a distance of 151.09' to
an iron pin; thence 8300 18' 40'W for a distance of 75.29 to an iron pin; thence 8280 46' 04"E for a
distance of 290.90' to an iron pin; thence 8730 18' 03"E for a distance of 1 04.40' to an iron pin;
thence 8400 43' 56"E for a distance of 237.54' to an iron pin; thence 8500 24' 28"W for a distance
of 361.09' to an iron pin; thence N430 23; 28"W for a distance of 137.78' to an iron pin; thence
N610 33' 25'W for a distance of 272.95' to an iron pin; thence N120 52' 30'W for a distance of
179.51' to an iron pin; thence N490 11' 06"W for a distance of 375.00' to an iron pin; thence N640
44' 05'W for a distance of 135.48' to an iron pin; thence 8330 21' 59'W for a distance of 66.83' to
an iron pin; thence N560 38' 01 'W for a distance of 134.38' to a iron pin; thence 8640 51' 19"W for
a distance of 108.26' to a iron pin; thence N600 24' 44'W for a distance of 135.69' to an iron pin;
thence 8330 41 24"W for a distance of 21.63' to an iron pin; thence N530 19' 04"W for a distance
of 122.20' to an iron pin; thence N170 11' 09"W for a distance of 101.53' to an iron pin; thence
8880 41' 53"W for a distance of 44.01' to an iron pin; thence N380 57' 21 "W for a distance of
120.88' to an iron pin; thence N11 0 18' 36"W for a distance of 61.19' to an iron pin; thence N520
27' 38"W for a distance of 119.81' to an iron pin; thence N050 35' 58"E for a distance of 1 02.49'
to an iron pin; thence N620 19' 08'W for a distance of 275.54' to an iron pin; thence N750 49' 40'W
for a distance of 102.11' to an iron pin; thence 8640 03' 28"W for a distance of 41.15' to an iron
pin; thence N720 49' 55'W for a distance of 128.74' to an iron pin; thence 8760 12' 02'W for a
distance of 58.69' to an iron pin; thence N720 40' 33"W for a distance of 114.18' to an iron pin;
thence N340 46' 40'W for a distance of 43.85' to an iron pin; thence 8740 39' OO'W for a distance
of 52.89' to an iron pin; thence N630 06' 42'W for a distance of 229.87' to an iron pin; thence N480
48' 51 'W for a distance of 63.78' to an iron pin; thence N210 05' 32'W for a distance of 75.03' to
an iron pin; thence 86JO 29' 47"W for a distance of 151.54' to an iron pin; thence 8220 22' 48'W
Page 2 of 6
for a distance of 91,92' to an iron pin; thence 8550 17' 03"W for a distance of 151.16' to an iron
pin, thence 8890 11' 58"W for a distance of 137.14' to an iron pin; thence N020 45' 52"E for a
distance of 488.89' to an iron pin; thence 8850 09' 08"E for a distance of 312.15' to an iron pin;
thence 8560 51' 19"E for a distance of 68.71' to an iron pin; thence N490 12' 26"E for a distance of
31.56' to an iron pin; thence 881056' 38"E for a distance of 348.72' to an iron pin; thence N830 07'
06"E for a distance of 162.31' to an iron pin; thence N660 29' 46"E for a distance of 63.07' to an
iron pin; thence 8720 39' 48"E for a distance of 297' to an iron pin; thence 8360 16' 58"E for a
distance of 72.40' to an iron pin; thence N730 05' 16"E for a distance of 502.0' to an iron pin;
thence 8160 54' 44"E for a distance of 159.07' to an iron pin; thence N610 13' 21 "E for a distance
of 238.38' to an iron pin; thence N330 59' 34"W for a distance of 67.99' to an iron pin; thence N300
35' 51"E for a distance of 295.67' to an iron pin; thence N170 01' 18"W for a distance of 22.0' to an
iron pin; thence N270 58' 42"E for a distance of 284' to an iron pin; thence N480 51' 37'W for a
distance of 121.40' to an iron pin; thence 8880 20' 16"W for a distance of 63.61' to an iron pin;
thence N570 40' 07'W for a distance of 121.16' to an iron pin; thence N150 17' 35"W for a distance
of 65.82' to an iron pin; thence 8660 18' 21 "W for a distance of 61.21' to an iron pin; thence N620
01' 18"W for a distance of 290' to an iron pin; thence N100 08' 24"E for a distance of 65.29' to an
iron pin; thence N2r 58' 42"E for a distance of 388.37' to an iron pin; thence N620 01' 18'W for a
distance of 40' to an iron pin; thence N2r 58' 42"E for a distance of 140' to an iron pin; thence
8620 01' 18"E for a distance of 15' to an iron pin; thence N2r 58' 42"E for a distance of 190' to an
iron pin; thence N620 01' 18"W for a distance of 680.0' to an iron pin; thence N680 30' 07"W for a
distance of 1 02.61' to an iron pin; thence N770 59' 48"W for a distance of 113.51' to an iron pin;
thence S81 0 01' 04"W for a distance of 113.54' to an iron pin; thence S720 53' 50"W for a distance
of 288.38' to an iron pin; thence 8620 33' 15"W for a distance of 118.45 to an iron pin; thence 8440
35' 23'W for a distance of 119.93 to an iron pin; thence 8210 38' 22"W for a distance of 119.93 to
an iron pin; thence 8060 57' 42'W for a distance of 109.33 to an iron pin; thence 8010 59' 35'W for
a distance of 196.95 to an iron pin; thence S090 02' 37"E for a distance of 139.72 to an iron pin;
thence N880 00' 07'W for a distance of 236.76' to the point of beginning.
LE88 AND EXCEPT FROM THE FOREGOING PROPERTY:
A ALL those tracts or parcels of land, together with any improvements thereon, situate, lying
and being in Richmond County, Georgia, containing 14,60 acres and 5.54 acres more
fully shown and designated upon plats thereof recorded on Realty Reel 629, page 1295,
Page 3 of 6
1297-198.
ALSO
B. ALL those tracts or parcel of land, together with all improvements thereon, situate lying
and being in the State of Georgia, County of Richmond, containing 7.12 acres, 1.23 acres
and 12.95 acres all of which are referenced in a deed dated January 29, 1998 from
Trotter Realty Co., to Nordahl and Company recorded in the Office of the Clerk of the
Superior court, Richmond County, Georgia, on Realty Reel 584, page 130. The foregoing
deed makes reference to plats which, through inadvertence, were not recorded on the
records of Richmond County. The 7.12 and 1.23 Acre parcels are shown upon a plat
thereof dated December 29,1997 prepared by W.R. Toole Engineers, Inc., for Nordahl
and Company, Inc. to which referenced is hereby made. These parcels are more fully
described as follows:
Commencing at a #4 Rebar set at the Northeastern terminus of Cross Creek
Road shown on a plat of Section 2, Phase I of Quail Ridge Subdivision recorded
in the Office of Clerk of the Superior Court, Richmond County, Georgia, on
Realty Reel 250 at page 1710-1715; with the Point of Beginning begin thus
established, thence N87' 55' 41'W for a distance of 70.00 feet across the right-
of-way of Cross Creek Road to a #4 Rebar set; thence N 01' 02' OO"E for a
distance of 13.97 feet to a #4 R.F.; thence N8r 55' 31" W for a distance of
149.68 feet to a #4R.F.; thence N 01' 54' 34"E for a distance of 688.33 feet to a
#4 R.S.; thence N01' 54' 34"E for a distance of 267.51 feet to a #4 R.S.; thence
N 16' 09' 24"W for a distance of 65,04 feet to a #4 R,S.; thence N 780 17' 56"E
for a distance of 148.56 feet to a #4 R.S.; thence S 410 27' 11"E for a distance of
188.50 feet to a #4 R.S.; thence S 270 09' 27" E for a distance of 189.84 feet to a
#4 R.S.; thence along the are of a circle having the radius of 450 feet and an arc
length of 11 feet and a chord having a bearing on N560 36' 42"E and a chord
distance of 11 feet to a #4 R.S.; thence S2r 09' 28"E for a distance of 50.26
feet to a #4 R,S.; thence along the arc of a circle having a radius of 400 feet and
an arch length of 16.88 feet measured on chord bearing of S 55' 24' 32''W and a
chord length of 16.88 feet to a #4 R.S.; thence S380 45' 53"E for a distance of
Page 4 of 6
143.19 to a #4 R.S.; thence S 440 45' 21'W for a distance of 71.38 feet to a #4
R.F.; thence S 210 27' 10"W for a distance of 119.98 feet to a #4 R.F,; thence
S070 01' 07"W for a distance of 1 09.46 feet to a #4 R.F.; thence S010 59' 55"W
for a distance of 81.95 feet to a #4 R.F.; thence S020 00' 04W for a distance of
114.92 feet to a #4 R.F.; thence S080 58' 10" E for a distance of 139.72 feet to a
#4 R.F.; thence N870 55' 39'W for a distance of 166.76 feet to the Point of
Beginning.
ALSO
ALL that tract or parcel of land, together with any improvements thereon, situate,
lying and being in Richmond County, Georgia, containing 12.95 acres which is
more fully shown upon a plat thereof prepared by Walter A. Bell dated December
28, 1997, to which reference is made in that certain Warranty Deed from Trotter
Realty Co., to Nordahl and Company dated January 29, 1998 recorded on
Realty Reel 584, page 130. The 12.95 acre tract is more fully described as
follows:
Commencing at an iron pin located at the Northeast corner of Lot 1, Block M,
Section 2, Phase " of Quail Ridge Subdivision shown upon a plat thereof
recorded in the Office of the Clerk of the Superior Court, Richmond County,
Georgia, on Realty Reel 298, page 1746-1751; with the Point of Beginning being
thus established, thence S650 10' 07"E for a distance of 730 feet to an iron pin;
thence S290 07' 26'W for a distance of 826.05 feet to an iron pin; thence N 480
51' 37"W for a distance of 121.40 feet to the Eastern right-of-way of Woodcock
Drive; thence S880 20' 16'W for a distance of 63.61 feet across Woodcock Drive
to an iron pin; thence N570 40' 07"W for a distance of 121,16 feet to an iron pin;
thence N150 17' 35"W for a distance of 65.82 feet to an iron pin; thence S660 18'
21 'W for a distance of 61.21 feet to an iron pin; thence N620 01' 18"W for a
distance of 290 feet to an iron pin, thence N100 08' 14" E for a distance of 65.29
feet to an iron pin; thence N2r 58' 42"E for a distance of 388.37 feet to an iron
pin; thence N620 01' 18"EW for a distance of 40 feet to an iron pin; thence N2r
58' 42" E for a distance of 140 feet to the right-of-way of Cross Haven Drive;
thence S620 01' 18"E for a distance of 15 feet along the right-of-way of Cross
Page 5 of 6
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Haven Drive; thence N270 58' 42"E for a distance of 190 feet to the Point of
Beginning. The plat by Walter A. Bell also shows a storm water retention area
along the Southeastern boundary of this 12.95 acre parcel.
The Property conveyed by this deed was acquired by Trotter Realty Co., from
Lofco, Inc., in a series of conveyances.
Page 6 of 6
The coverage of this policy shall continue In force as of Date
of Policy In favor of an Insured only so long as the Insured
- retains an 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 lavor of any purchaser
from the Insured of either (I) an estate or Interest In the land, or
(1') an Indebtedness secured by a purchase money mortgage
given to the Insured
3, NOTICE OF CLAIM TO BE GIVEN BV
INSURED CLAIMANT,
The Insured shall notify the Company promptly In writing (I)
In caseof any litigation as set forth In Sectlon4(a) below, (ii) 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 wtue of thiS
POliCY, or lril) If title to the estate or Interest as Insured IS
rejected as unmarketable If prompt notice shal'l not be given to
the Company, then as to the Insured all liability of the Com-
pany shall terminate with regard to the matter or matters for
which prompt notice IS required: provided, however, that
failure to notify the Company shall in no case prejudice the
lights 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 wlltten request by the Insured and subject to
the options contained In Section 6 of these Conditions and
Stipulations, the Company, at its own cost and without unrea-
sonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to
the title,r interest as insured, but only as to those stated
causes of action alleging a defect, lien or encumbrance or other
matter insured against by this policy The Company shall have
the light to select counsel of ItS chOice (subject to the right of
the Insured to object for reasonable cause) to represent the
Insured as to those stated causes of action and shall not be
liable for and will not pay the fees of any other counsel The
Company Will not pay any fees, costs or expenses incurred by
the Insured In the defense ot those causes of actIOn which
allege matters not Insured agall1st by this policy
, ,(b) The Company shall have the right. at its own cost. to
institute and prosecute any action or proceeding or to do any
other act which In Its opinion may be necessary or desirable to
establish the title to the estate or Interest, as Insured, or to pre-
vent or reduce loss or damage to the Insured, The Company
may take any appropriate action under the terms of thiS pOlicy
whether or not it shall be liable hereunder. and shall noi
thereby concede liability or waive any provIsion of thiS policy,
It the Company shall exercise ItS rights under thiS paragraph,
It shall do so diligently
, Ic) Whenever the. Company shall have brought an
action or Interposed a derense as reqUired or permitted by the
proVIsions of ,hiS POliCY, the Company may pursue any lltiga-
tron to Ilnal determinatIOn by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to
appeal from any adverse Judgment or order.
Id) In all cases where thiS pOlicy permits or requires the
Company to prosecute or prOVide for the defense of any action
or proceeding, the Insured shall secure to the Company the
light to so prosecute or prOVide defense in the action or pro-
ceeding, and all appeals therein, and permit the Company to
use, at ItS option, the nallle of the Insured for thiS purpose,
Whenever requested by the Company, the Insured. at the Com-
pany's expense, shall give the Company all reasonable aid (i)
In any actIOn or proceeding, securing evidence, obtaining wit-
nesses, prosecuting or defending the action or proceeding, or
effecting settlement. ilnd 11') In any other lawful act which in
the opinion of the Company may be necessary or deSirable to
establish the title to the estate or Interest as Insured, If the
Company is preJudiced by the failure of the Insured to furnish
the reqUired cooperation, the Company's obligations 10 the
Insured under the policy shall terminate, including any liability
or obligation to defend, prosecute, or continue any litigation,
With regard to the matter or matters requinng such coo;Jeratlon,
5. PROOF OF LOSS OR DAMAGE,
In addition to and after the notices required under Section 3
of these Conditions and Stlpulalions have been prOVided the
Company, a proof of loss or damage Signed and sworn to by the
Insured claimant shall be turmshed to the ComJlany Within 90
days after the Insured claimant shall ascertain the facts giVing
rise 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 Insured against by thiS policy which constitutes
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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, 0;
continue any litigation, and the policy shall be surrendered to
the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than
the Insured or With the Insured Claimant.
(I) to payor otherwise settle With other parties for or
In 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
authorized by the Company up to the time of payment and
which the Company is obligated to pay: or
(Ii) to payor otherwise settle with the insured claim-
ant the loss or damage provided for under this policy, together
With any costs, attorneys' fees and expenses incurred by the
insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated
to pay,
Upon the exercise by the Company of either of the options
prOVided for In paragraphs (b)(i) or (ii), the Company's obli-
gations to the Insured under this policy for the claimed loss or
damage, other than the payments required to be made, shall
terminate, 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 Incurred by the insured
claimant who has suffered loss or damage by reason of mat-
ters Insured 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
insured against by this policy,
(b) In the event the Amount of Insurance stated in
Schedule A at the Date of Policy IS less than 80 percent of the
value of the Insured estate or interest or the full consideration
oald 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 interest 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
Interest 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 iJ':lprovemenl.
The pr?visions of this paragraph shall not apply to costs,
attorneys tees 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 ctherwise been
agreed upon as to each parcel by the Company and the insured
at the time of the issuance of thiS poliCY and shown by an ex-
press statement or by an endorsement attached to this policy
9, LIMITATION OF LIABILITY,
(a) If the Company establishes the title, or removes the
alleged defect, lien or encumbrance, or cures the lack of a fight
of access to or from the land. or cures the claim of unmarket-
ability of title, all as Insured,ln a reasonably diligent manner by
any method, including 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
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the Company unaffected by any act of the insured claimant
The Company shall be subrogated to and be enlitled to all
rights and remedies which the insured claimant would have
had against any person or property in respect to the claim
hod this policy not been issued, If requested by the Com-
pany. the insured claimant shall transfer to the Company all
rights and remedies against any person or property
necessary In order to perfect this right of subrogation, The
Insured 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 involVing these rights or remedies,
If a payment on account of a claim does not fully cover the
loss of the insured claimant, the Company shall be sub-
rogated to these rights and remedies in the proportion which
the Company's payment bears to the whole amount of
the loss,
If loss should result from any act of the insured claimant
as stated above, that act shall not void this policy. but the
Company, 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 ri9hts of the insured to indemnities, guaranties:
other poliCies .of Insurance or bonds, notwithstanding any
terms or conditions contained In those instruments which
provide for subrogation rights by reason of this policy,
14. ARBITRATION.
Unless prohibited by applicable law, either the Company
or the insured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration
Association, Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company
and the Insured aflslng out of or relating to this policy, any
service of the Company in connection with its issuance or
the breach of a policy provision or other obligation, All
arbitrable matters when the Amount of Insurance is
$1,000,000 or less shall be arbitrated at the option of either
the Company or the insured, All arbitrable matters whet' 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 authorized signatory of the Company
16, SEVERABILITY.
In the event any provision of the policy is held invalid or
unenforceable under applicable law. the policy shall be
deemed not to 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 writing 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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