The URL can be used to link to this page

Home My WebLink AboutCLAUDE M HARMAN .. ~~~~?9~~ 1~~~~~2~~~~~~~:~9~hmOnd ~~unty - $0.00 WARRANTY DEED . 111111111111111111111111111111111111111111111111111111111111 2007019625 Augusta - Richmond County Return to: County Attorney's Office 701 Greene St., Suite 104 Augusta, Georgia 30901 WARRANTY DEED STATE OF GEORGIA COUNTY OF RICHMOND THIS INDENTURE, made and entered into this /~ of March, 2007, between CLAUDE M. HARMAN, 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 Twenty Nine Thousand Three Hundred Thirty and Nineteen/l00ths ($29,330.19) 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 Second Part, its successors and assigns, the following described property, to wit: All that certain lot or parcel of land, together with improvements thereon, situate, lying and being in the State. of Georgia, County of Richmond, known and designated as Lot No. 14 in Tract No. 4 on a plat of Hollywood Subdivision duly recorded in the Office of the clerk of the Superior Court of said Richmond County, Georgia, in Realty Book No. 16 N's, at page No. 216. Said lot fronts 100 feet on the West side of Clark Drive, and extends back between diverging lines 221.5 feet on its Northern boundary line, and 334 feet on its Southern boundary line, to a Book 01111:1045 Augusta - Richmond County 2007019625 03/22/2007 14:51 :49.00 rear width of 199 feet, and is bounded North by Lot No. 15; East by the said Clark Drive; South by Lot No. 13, and on the West by lands now or formerly of Barden. All of which will more fully appear by reference to the said plat. Said property is known and designated under the present system of tax map numbering as Map 70.4, Parcel 9. Said property is known under the present system of house-numbering in use in the City of Augusta-Richmond County, Georgia, as 1915 Clark Drive. This conveyance is made subject to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said property. And being the same property conveyed by Wallace W. Clark to Claude M. Harman and Frances W. Harman by Warranty Deed dated September 5, 1952, and recorded in said Clerk's Office in Deed Book 19-T, page 56. Said interest of Frances W. Harman was set aside to Claude M. Harman by Richmond County Probate Court by Year's Support Order dated March 13, 1995 and recorded in said Clerk's Office on Realty Reel 485, page 2147. TO HAVE AND TO HOLD the said described property, with all singular the rights, members and appurtenances thereunto appertaining, to the only proper use, benefit and behalf 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 Book 01111:1046 Augusta - Richmond County 200701962503/22/2007 14:51 :49.00 successors and assigns, against the lawful claims of all person owning, holding or claiming by, through or under the said Party ofthe First Part. IN WITNESS WHEREOF, the Said Party of the First Part has hereunto set her hand and seal, the day and year first above written. (l/u In, JJ~~ Claude M. Harman ~..- ---....#!I:,. .... ,.. PL~~~\. unly, Geor!:. ~f {~ ~J8} \~~~~~f '-?o",O CO~,"/ Book 01111 : 1047 Augusta - Richmond County 2007019625 03/22/2007 14:51 :49.00 Exhibit A "Deed Restrictions" WITNESSETH In reference to the property or properties ("Property") conveyed by the Deed between CLAUDE M. HARMAN participating in the federally-assisted acquisition project ("the Grantor") and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, its successors and assigns ("the Grantee"): WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 US.C. ~ 5121 et seq., identifies the use of pre-disaster mitigation grants under ~ 5133, Pre-Disaster Mitigation ("PDM"), to assist States and local governments in implementing cost-effective hazard mitigation measures to reduce injuries, loss of life, and damage and destruction of property. WHEREAS, 42 U.S.C. ~ 5133 provides a process for a local government, through the State, to apply for federal funds for pre-disaster mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; WHEREAS, Georgia has applied for and been awarded such funding from the Department of Homeland Security / Federal Emergency Management Agency ("FEMA"), and has entered into a FEMA-State Pre-Disaster Mitigation Competitive Grant Agreement ("Grant Agreement"), dated April 27, 2004, and herein incorporated by reference. WHEREAS, the Property is located in Augusta, Georgia, Augusta-Richmond County participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; WHEREAS, AUGUSTA, GEORGIA, acting by and through the Augusta- Richmond County Commission, has applied for and been awarded federal funds pursuant Book 01111 : 1048 Augusta - Richmond County 200701962503/22/2007 14:51:49.00 to an agreement with Georgia dated April 27, 2004 ("State-Local Agreement") and herein incorporated by reference; WHEREAS, the terms of the Stafford Act, Federal program requirements consistent with 44 C.F.R. 206.434( e), the Grant Agreement, and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the Stafford Act, Federal program requirements consistent with 44 C.F.R. 206.434(e), the Grant Agreement, and the State-local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be used only for purposes compatible with open space, recreational, or wetlands management practices; in general, such uses include parks for outdoor recreational activities, nature reserves, unimproved permeable parking lots and other uses consistent with Pre-Disaster Mitigation Grant Guidance for open space acquisition. b. Structures. No new structures or improvements shall be erected on the Property other than: 1. A public facility that is open on all sides and functionally related to the open space use; H. A public rest room; or HI. A structure that is compatible with the uses described in Paragraph 1 (a), above, and approved by the Director in Book 01111 :1 049 Augusta - Richmond County 200701962503/22/2007 14:51:49.00 writing prior to the commencement of the construction of the structure. Any structures built on the Property according to this paragraph shall be floodproofed or elevated to the Base Flood Elevation plus one foot of freeboard. c. Disaster Assistance. No future disaster assistance from any Federal source for any purpose related to the Property may be sought, nor will such assistance be provided; d. Transfer. The Grantee agrees that it shall convey any interest in the Property only if the Regional Director of FEMA gives prior approval of the transferee in accordance with this paragraph. The Grantee may only convey an interest in the Property to another public entity or to an organization qualified under Section 170(h) of the Internal Revenue Code of 1954, as amended, and applicable regulations promulgated thereunder. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in Paragraph 1 (a), above, including agriculture, with the prior approval of the Regional Director. If title to the Property is transferred to a public entity other than a qualified state or federal agency with a conservation mission, it must be conveyed subject to a Conservation Easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth herein, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: 1. The Grantee shall convey, in accordance with section (d), above, a conservation easement to someone other than the title holder, or Book 01111:1050 Augusta - Richmond County 200701962503/22/2007 14:51 :49.00 n. At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. 2. Inspection. FEMA, its representatives, and assigns, including Georgia, shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of the grant. 3. Monitoring and Reporting. Every three years on the anniversary date, the Grantee, through Georgia, shall submit to the FEMA Regional Director a report certifying that the Grantee has inspected the subject Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of the grant. 4. Enforcement. If the subject Property is not maintained according to the terms of the grant, the Grantee, Georgia, and FEMA, its representatives, and assigns are responsible for taking measures to bring the Property back into compliance. a. The State will notify the Grantee in writing and advise the Grantee that it has 60 days to correct the violation. b. If the Grantee fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. c. FEMA, its representatives and assigns may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to the following: 1. Requiring transfer of title in accordance with Paragraph 1 (d). The Grantee shall bear the costs of bringing the Property back into compliance with the terms of the grant; or Book 01111 :1 051 Augusta - Richmond County 2007019625 03/22/2007 14:51 :49.00 n. Bringing an action at law or in equity in a court of competent jurisdiction against the State or the Grantee. 5. Severability. Should any provision of this grant or the application thereof to any person or circumstances be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. WITNESS my hand and seal this l!t..... day of March 2007. GRANTOR: ce ~pt< 1111 jJ/h1v()M-/ Grantor - Claude M. Harman SIGNED, SEALED AND DELIVERD In th::znce of: 1JjL iJ Unofficial Witness ..---....--............. ........~S T. P'-l/.; ......, ..,~ ..........~..I.. '\ .:If' ... e. -f~ ~ I .. ~. I .OTAJJ>}_ \ )t , -..."" I : A , 111\~ lISL\C I , ~ e.~ ~, ~ ~~~~.&.l~~1' ~O COUl\~/ Augusta-Richmond County-Georgia Book 01111:1052 Augusta - Richmond County 2007019625 03/22/2007 14:51 :49.00 WITNESS my hand and official seal this ~ day of March, 2007. SIGNED, SEALED AND DELIVERED In t e .., q,-t .~J .. . 'i ~'< IlJry C'otnmissi~n..;Exbires: N~~:~~:~~~j~;~~~;~~~I~~~7 ;~g~~~ Filed in this office: Augusta - Richmond County 03/22/2007 14:51 :49.00 - -- --- Elaine C. Johnson Clerk of Superior Court GRANTEE: AUGUSTA, GEORGIA ~ BY:cJ~~ As Its Mayor AlJ7I}I#i#t& Clerk . (SEAL)