HomeMy WebLinkAboutBryan H. And Gloria G.Boltz
Augusta Richmond GA
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Book 007500560 Augusta - Richmond County
2001029068 09/2612001 14: 47: 09,00
$000 WARRANTY DEED
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2001029068 Augusta - Richmond County
Return to: Harry D. Revell
454 Greene Street
Augusta, Georgia 30901
(706) 722-0768
WARRANTY DEED
STATE OF GEORGIA
COUNTY OF RICHMOND
THIS INDENTURE, made and entered into this '1. ~ of ~ 2001,
between BRYAN H. BOLTZ and GLORIA G. BOLTZ, as Party of the First Part, and
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as Party of the
Second Part;
WITNESSETH
THAT THE SAID Party of the First Part, for and in consideration of the sum of One
Hundred Forty Thousand and No ~ents ($140,000.00) Dollars in hand paid, at and
before the sealing and delivery of these, presents, the receipt whereof is hereby
acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by
these presents does grant, bargain, sell, alien, convey and confirm unto the said Party of
the Second Part, its successors and assigns, the following described property, to wit:
ALL THAT LOT OR PARCEL OF LAND, with improvements thereon,
situate, lying and being in the State of Georgia, Augusta, Georgia, being
known and designated as Lot 8, Block C on a plat of Kennelworth
Subdivision recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia in Realty Book 33-D, Page 526-527. Reference
is hereby made to said plat for a more complete location of said property.
Page 1 of 4
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Book 007500561 Augusta - Richmond County.
200102906809/26/2001 14:47:09.00
Said property is known as 2919 Kipling Drive under the present system of
city street numbering.
SAID PROPERlY is the same as that conveyed to Bryan H. Boltz and
Gloria G. Boltz by Warranty Deed dated August 28, 1998, and recorded in
the Office of the Clerk f the Superior Court of Richmond County, Georgia,
in Realty Reel 609, Page 1923.
THE ATIACHED "DEED RESTRICTIONS" are attached hereto and, by
reference, made a part hereof.
TO HAVE AND TO HOLD the said described property, with all and singular the
rights, members and appurtenances thereunto appertaining, to the only proper use,
benefit and behoof of the said Party of the Second Part, its successors and assigns, in Fee
Simple.
AND THE SAID Party of the First Part warrants and will forever defend the right
and title to the above described property unto the said Party of the Second Part, its
successors and assigns, against the lawful claims of all persons owning, holding or
claiming by, through or under the said Party of the First Part.
IN WITNESS WHEREOF, the Said Party of the First Part has caused same to be
executed by the proper officials, with affixed seal, and delivered these presents the day
and year first above written.
SIGNED, SEALED, AND DELIVERED
in the resence of:
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Bryan ~oltz
Page 2 of 4
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"Deed Restrictions"
WITNESSETH
WHEREAS, this property is being purchased under the Hazard Mitigation Grant
Program, authorized by Section 404 of the Robert T, Stafford Disaster Relief and
Emergency Assistance Act of 1988, PL 93-288 as amended; and
WHEREAS, the State of Georgia has entered into a Cooperative Agreement with
Augusta, Georgia, dated July 13, 2000, and herein incorporated by reference, in which
Augusta, Georgia will use the property described hereafter under the terms and
conditions thereunder; and
NOW, THEREFORE, this conveyance is made upon the express conditions that:
1, The premises shall only be used for purposes consistent with open space,
recreational, or wetlands management purposes (as defined in Title 44, Code of Federal
Regulations, part 206.434, as it appears now or may hereafter be amended);
2, No future disaster assistance for any purpose from any Federal source will be sought
or provided with respect to the property; and
3. There shall not be erected on the premises any new structures or other improvements
other than rest rooms, or a public facility that is open on all sides and functionally
related to open space uses.
4. The sub-grantee agrees that it shall convey the property only to another public entity
and only with prior approval from GEMA and the Regional Director of FEMA. Such
conveyance shall be made expressly subject to the above-referenced conditions and
restrictions, which shall run with the property in perpetuity, In addition, for property
that is transferred to another public entity, that public entity must obtain approval from
GEMA and the Regional Director ofFEMA to convey the property to another public
entity ,
Any breach or threatened breach of the above conditions may be enjoined upon
application by the State of Georgia. In" addition, the State of Georgia shall have the
option to repurchase the above described premises for the sum of One Dollar ($1.00), if
, the Grantee, its successors or assigns shall have failed to remove or correct any violation
of the above conditions within thirty (30) days after the mailing of written notice thereof
by said State of Georgia or its successor, to the Grantee, its successors or assigns.
Page 3 of 4
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I' BOOk 007500563 Augusta - Richmond County
20010290680912612001 14:47:09.00
The above conditions and restrictions, along with the right to enforce same are deemed
to be covenants running with the land, in perpetuity and are binding on subsequent
successors, grantees, or assigns.
The Grantor' releases and deeds unto Augusta, Georgia and its assigns, all right, title,
and interest which Grantor may have in the banks, bed and waters opposite to or
fronting upon said land, and in any alley, road, street, ways strips, gores and railroad
right-of-way abutting or adjoining said lands, and in any means of ingress and egress
appurtenant thereto.
TO HAVE AND TO HOLD the said premises with all and singular the rights and
privileges thereunto belonging unto Augusta, Georgia and its assigns forever.
THIS conveyance is expressly subject to rights outstanding in third parties for existing
easements for public road and highways, public utilities, railroads, and pipelines.
Witness my hand and official seal thi~~day of &IT 2001,
SIGNED;,'~~D AND DEUVERED
in the:pi~~nc,e of:
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AUGUSTA, GEORGIA
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Filed in this office
, Augusta - Richmond County
_ 0906/2001 14:470900
( Elaine C, Johnson
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