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HomeMy WebLinkAboutGreenspace Closing Augusta Richmond GA DOCUMENT NAME:' G-a...~Br"'5pAC~ C;lo~ (N) DOCUMENT TYPE: \) E e \) YEAR: ;) 0 () ~ BOX NUMBER: I ~ FILE NUMBER: , le ~ ~ ~ NUMBER OF PAGES: ~1 .~ " -.. 6- t AUGUSTA-RICHMOND COUNTY COMMISSION 1 ~ JAMES B. WALL CITY ArrORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK DOBBY G, UANKERSON WILLIAM B. KUHI.KE. JR, \\'M. H\\'ILLlEH H. l\1A \'5, III STEPIIEN E, SIIEPARD MARION WILLIAMS BOB YOUNG Mayor P,O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWAU.@CO.RICHMOND.GA.US GEORGE R. KOLB Adrninistra10r RICI-IARD L. COLCLOUGH Mayor Pro Tern July 8,2002 Ms. Lena Bonner Clerk of Commission City-County Municipal Building 530 Greene Street; 8th Floor Augusta, Georgia 30911 RE: Greenspace Closing Alan Sibley, Jr. and Winston Sibley, Jr. Our File No. AR-38-005-02 Dear Ms. Bonner: Enclosed for your files, please find the following documents: 1. Original deed of conveyance wherein Alan Sibley, Jr. and Winston Sibley, Jr., conveyed the within referenced property to Augusta, Georgia, filed of record in the office of the Clerk of the Superior Court for Richmond County, Georgia, at Realty Book 796, pages 1985-1990, a copy of which was forwarded to you under cover of letter dated June 27,2002. 2. Original Declaration of Restrictions and Covenants by Augusta, Georgia, filed of record in the office of the Clerk of the Superior Court for Richmond County, Georgia, at Realty Book 796, pages 1991-1996, a copy of which was forwarded to you under cover of letter dated June 27,2002. The enclosed documents should be retained as a part of the City's permanent records. -.- '"' , 1 -- .. Ms. Lena Bonner July 8, 2002 Page Two of Two Should you have any questions, please don't hesitate to call. Sincerely, Shannon M. Mitchell, Paralegal City Attorney's Office Augusta, Georgia Ism Enclosures ,-' --..---.-.-----. . - -----.--.--- --- - ~......... J \ Return To: County Attorney 4,~ Gremle Stree't ' ,;~: .Augusta, GA 30901 J . " ,-- - --- .~- ---- - -- - Book 00796: 1985 Augusta - Richmond County 200202060706/26/2002 12:0252.00 $0.00 WARRANTY DEED ~. )]U,ninlJ U)II)J~I1]i)m~iililnmiiirliiiiiilijiliii------~ 2002020607 Augusta - Richmond County STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) THIS INDENTURE, made this :;;... '-\ day of CI::-t.t IV B.-. , 2002, by and between ALAN SIBLEY, JR. and WINSTON SIBLEY, JR., as parties of the first part, and Augusta, Georgia, a political subdivision of the State of Georgia, as party of the second part WITNESSETH: That the parties of the first part, for and in consideration of the sum of One Hundred Eighty Nine Thousand Six Hundred Twenty Five ($189,625.00) Dollars, in hand paid, at or before the sealing and detivery of these presence, the receipt and suffidency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presence do hereby grant, bargain, sell and convey unto the said party of the second part, its successors and assigns, the property more fully described as follows: All those tracts or parcels of land, situate, lying and being in the 86th and 89th GMO of Richmond County, Georgia, being designated as Parcel "A-1, consisting of 36.95 acres, more or less, Parcel "B," consisting of 7.99 acres, more or less, and Parcel "C-1," consisting of 2.49 acres and 2.57 acres, more or less. The property being conveyed is more particularly described on a plat prepared for Augusta, Richmond County, Georgia by Cranston, Robertson & Whitehurst, P. C., April 4. 2002, and attached hereto wr/-Y. OJ' 5; ~. '. . J (-:-_u_j_-;:-___ .,---- --- -------- Book 00796:1986 Augusta - Richmond County - , 2002020607 06/26/2002 12:02:52.00 as Exhibit "A. for a more complete and accurate description and location of said property. EXCEPT: Parties of the first part shall retain the right to reasonably necessary utility easements in order to access utilities which run along the southemmost boundary of said tract, including, but not limited to: (a) access to the Georgia Natural Gas line near the southwestern comer of the tract being sold; (b) access to the sewer line now located within the tract sold, at such locations as needed to create a sewer line s}'$tem reasonably necessary to service any fubJre subdivision on the remainder of parties of the first parfs adjoining lands: and (c) access to Buder Creek at no more than two locations for water drains if required by local authorities to drain any future subdivision on the remainder of parties of the first partY& adjoining land. AlSO EXCEPT: Party of the second part is to be granted road access over the parties of the First Part's remaining acreage as follows: (a) Until and unless parties of the first part or their assigns develop a subdivision on parties of the first party's adjoining lands, party of the second part shall have access to the tract sold across existing logging roads on parties of the first party's adjoining lands, which roads begin at the access strip conveyed to parties of the first part In deed filed of record in the Office of the Clerk of the Superior C0 J ,.0 a I]S.~. , I I, Baofi 00796:1987 Augusta R h . -. 200202 - Ie mond County 0607 06/26/2002 12:02:52.00 Court for Richmond County. Georgia, at Realty Reel 581, page 2354. and runs generally north aa:oss parties of the first part's remaining lands. (b) If parties of the first part or their assigns develop a subdivision, parties of the first part reserve the right to: (1) discontinue party of the second part's access during construction for not more than 90 days. and (2) relocate party of the second part's access through other private or public roads in the subdivision to a point no more than 300 feet from the land sold to party of the second part and to grant parties of the first part access across the intervening strip of land but not necessarily to build party of the second part a new road across the intervening strip of land. The intervening strip of land shall not have any large guiDes or other topographic features making it impossible to use vehicular access without major earth moving work. 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 Reatty Book 755. pages 935-947. Grant funds under said Grant Agreement have been used in the acquisition of the above described property, and the State of Georgia is a third-party beneficiary of said u>J9 Cl e s" '1:, I I '. '1. _(_ ..""_-- -- - ~~--~ -~--~- __u_ - - usta _ Richmond County Book 007961988 AOu69/26/2002 12"02:52.00 2002020607 . Grant Agreement, and has a right to require specific performance of said Grant Agreement and require that the property be returned to the use as provided in said Grant Agreement TO HAVE AND TO HOLD the said property, together with all and singular of ~e rights. ways. easements and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only property use. benefit and behoof of the said party of the second party, its successors and assigns, in fee simple, forever. And the parties of the first part, their successors and assigns, do warrant and will forever defend the right and title to the above described property unto the said party of the second part, its suocessors and assigns. against the claims of all persons whomsoever. IN WrrNESS WHEREOF, the parties of 1he first part have caused this instrument to be executed this deed of conveyance the day and year first above written. ~.~.-r. ALAN SIBLEY, JR. ' [SIGNATURES CONTINUED ON NEXT PAGE] I . , " Book 00796:1989 Augusta - Richmond County 2002020607 06/26/2002 12:02:52.00 ~)tu~ ~l~ (~ ' NSTON SIBLEY, JR I Signed. Sealed and Delivered in the Pr of: .ullr:J,=vr. ....~..". ~ANG "c,.o~o ~'qa C '.:....o~4t cJq", ......o<v.c', _ ~ARi-..'~~ : ;) oOfJ \~4 -. ;...;- ":. ... . . .. 0 . Q : : i\.tij ~ ''--'''''' Exp,:. ~ : :. Nov, '1_', '_":04: ~ ~ 03 -.. .: ~ : ~ ~ 00 ^ r~..- (!J r: "'... ("^.'.~UBL\ .'.~'.... ""p v~,OO"COOQo\.o '~,~ 0771 I/V CQU\"- ~~';)'" 1!;'>"(!C~r~Q~fJ~' ------. '. , ; Exhibit "A" " ' Book 00796:1990 Augusta - Richmond County 200202060.7 06/26/2002 12:02:52.00 ~:5 I I ~ I I I I I I I I I I I I I I I .. R8f /1/ 7;(... I 1'.... I I I I I I I I I I I I I I I I... I ... / /....... I I I I I I I I I I I I I I ,I I (" ~~I I ~'-$~, / / ~Pl I "a/ / I I I I I I lFCHNICAI DATA' I I DATE CF $UR'vO - htAROi, t981. APRIL. 2002 I I EOVIPlol[HT ~ E.D.", . ,'/ ~~6~~SI~ 1-~ ~~'tw. I / ~~~=r - 1 IN inl I I I I I I I I / / / I I 1 / I I / ... U~ I ..., 'QI ... ... .... l.. l:l.Q.IL '11; ..... 1. UNE$ ~ TO .~ TO .c. ~ nQ.D SURYETW BY CRAHSTCWi. /,.......... ROEIERTSON A: 'liItOTERHURST P.c. APRIL 2002. OTHER S"AJNOARY I / 2. ~::~~o~~ ~~~ ~: :~~~T'~VE1.OPwEHT " I rNl~O~~~T~ ~~'is.,iB~~~~~~ASSOC. I COUNTY ~1N(i c:o..tWJSSlCN 0fl'ICE. J. BO.JNDAlh' C'ORHER DESCRIPTlONS ,6.Rf: TAKtN fRQI.t RfF. '1. ....,... ';r~ G~ & { ... "'/- .......J~1I~ "~f~, ~4( . CJ:.....~ ................ ~I~ I .....'" ............ "'" q.., I@/ ... ",,'" I....' / r." )', \ (2" ",'" __ ~Ifi ..........-:./ rj;; \ (j; \ ~ ",,,,'" ,// ;.1-; .......... $AUM \ (4" /~.I"" ......... 2'~ ...... SV",,_ Irs" \ ~ -<~,. // ~ I zl.. ....... I ~ )/( //\ 'o~ \ / /'A', ~>::J./ )<~_ 11-~~\""'-E"-c.otcH: ..... ....."" ----__..../ WBO. -- / \-_ "'".. AJI'oO< --_...1 ~ -6' - / N/F \ --r-T--. _ J /,. . / GLYNN8ROOK\ (j; I , ) ( T).-.... ... ./<<,,::~ ./ CaNST. co. \ 1(2" I I I , I ~. --/ ,...f,..\ ~/ \ I ~ I rs; ~ I I I CWf ./:c1I-"'.:~:/ 8lh."1!- 't', / I', 12(]\ , r.i' / D.' 3 '. \.,. -- -'<<;P' ~ / ~ I (!!' 13., 8" .__-- 100 rEAR FLOOD .":"'/. I I , I ...0..- /;. ""v,""c ta:: ~i: " .-- BRDo<EH' '" L15 - ~ N/F GL YNN8ROOK CaNST. co. I / , , I , : &- : ~l I~~. .'" , ~ .~ , v .:;> I~ ~ I ~ , I / ... ~ - ~~ '" ' 00 "'- 0" ..., z ,,-g~ ~ll:~ <JIJ <J PARCEL "A-T" 36.95 Ac.:i: CAAEA tHC:..UDe:S lJ..~9 Ac Of 1'l...OCX:lP1..) "'" COURSE ALONG II COURSE ALONG II COURSE ALONG II or BUTLER CREEK or BUTLER CREEK OF BUTLER CREEK FROM PT:A'-"s" FROM PT:B"-"C" FROM PT:C"-"0" LINE BEARING LENGTH UNE BEARINC LENGTH LINE BEARlNC LENGTH lI. 1~.9" L12 139.7-<4 L2' 59.e9 L2 100.08 lIJ 1, 12$.28 uo 8~29 LJ " . l00.01! L1' 94.01 LJI 111.Jl " T 51UU ", 04.10 l' 41.80 lto 12J.28 l' '". IDe. 71 ll1 " 62.9.3 l1 l' 79.S9 L18 J2.82 L8 5~.;5 lI. ~5..0J L' 202. 6J L2D 103.8 LID " . 13..51 III T 120.71 lit 7 '." 75.2J L22 " " aa.Sl2 L2J 172.62 L2' 217.71 L2. ... " 100.'" L2. 117.90 L21 " 129.80 L2. 60.'2 ::. . ;2 ..... Olf : ~ ... 01' ~ ~; "'..; ~: a.f i~ "''' ... "'" In ., ~. '" .. o'! za PARCEL "An 97.42 Ac. 1 I N/F C.C. ROYAL eSTATE P L A T '0' AUGUSTA H 4'13' W I 115,87' ~I 1f"i "1 d 1:1 :.,~I ~.- eTF ;;...., r()JHD By D.lf ~'/ OI..D-TiJ..~,~,-",[ OlD --..!.rn", 0'4 r--r-- -_-'<2.1.' ......0 R04D~'- CTf RICHMOND CO U NTY ~ It 0 ~ I: " ! T L. 0 C .... ,( 0 T" . ..,... AUGUSTA , RICHMOND . SCAl.E: I" - 200' '~ '~.~ s C " L ( IN '1(1""'''10 COUNTY . GEORGIA APRIL 4, 2002 <CO 200 " r E E T Il Robertson & Whitehurst, P,C, '.Q.Cl\AIIL't~ -..-- (lOtI) 12.1-u... ~t,.,. Cl:CRCU JOtOJ ......",.. ~c N/F RICHMOND COUNTY I I L.EW!ll.. CWf C'ONCRE'TE: ...ONlU.I(NT rOUND elf CR:iW.ptO lOP IRON rouHO IPF lROt-l PIN rOUND orr CPEN TOP IROU rOUND RaF REBAR HX>>lD R9.S REBAR SET REFFRENCFS. 1. Pl..A T fOR .AlAN II: MHSTQH SIa...EY BY CR....NSTON. ROBER~ AI: vtHlTtHuRST P.C. DATED wAAOi 27. 1'J81. LAST RE'ASED ON APRIL a. USl. 2. Pl.AT OF' srCT'lOH I ~ BY S'MFT-GREGG .. ~soc. DATED SCPl, 12. 1~a. J. PlA r or LOfUH COWPAHY BY ,Mw(S G.. S~ 6: ASSOC. DATED WAY 12. 1978- 4, (Xl.4PILEO PlAT Cf HOUOAY HII..J.. BY BAlD'MN 6: QU.HSlQH . AS'SOC. INC. OAT[O APRn. II. 197J. Filed in this office: Augusta - Richmond County _D!3!25.''100'2 12.02'5200_ Elaine C :o:l'">"'on ~ . II: . I :, . . " . ,J .' . Return Tv: County Attorney ,'. . .' 454 Greene Street . , . l' Augusta, GA 30901 Book 00796: 1001 Augusta - Richmond County 200202060806/261200212:02:5201 $0.00 DECLARATION RESTRICTIVE COVENA llllilllllllli~mill~iiiiiiliniiiU~iimiiiiiiliirliii 2002020608 Augusta - Richmond County ------. STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) DECLARATION OF RESTRICTIONS AND COVENANTS This declaration is made this ~Co ~ day of J~ , 2002, 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 "At! attached hereto and made a part hereof (the "Property") which property was acquired from Alan Sibley, Jr. and Winston Sibley, Jr. by deed dated Jut-.) 't:. Z '-'. 200 '2. , and recorded in the Office of the Clerk of Superior Court of Richmond County in Realty Book 7fh , pages / tff~ ; 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 "Agreemenf'); said Agreement being filed of record in the Office of the 1 -----. . f .' I ' Book 00796:1992 Augusta - Richmond CountY 2002020608 06/26/2002 12:02:52.01 , ' 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 alia, to operate and maintain such Property in such a manner as to achieve one or more of the nine statutory goals of the Georgia Greenspace Act (O.C.G.A. ~36-22-1, et seq.) including, protecting or enhancing water quality, providing flood protection, providing natural habitat and corridors for native plant and animal species, protecting archaeological and historic resources, providing passive recreation, or providing connective links between lands contributing to the goals of the Georgia Greenspace Act, and Declarant agrees to restrict the user of the Property as provided herein. NOW, THEREFORE, for and in consideration of Ten and no/1oo 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; 2 -------- __~_~ __~_.+ ____ -- ,- --~l I . B'OOk" 00796:1993 Augusta - Richmond County , 2002020608 06/26/2002 12:02:52.01 ; 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 Acf' shall mean O.C.G.A. 36-22-1 ~36-22-1, et seq" (c) "Grant Agreement" shall mean that certain Georgia Greenspace Program Grant Award Agreement dated June 12, 2001, by and between the State of Georgia, Department of Natural Resources, and Augusta, Georgia. (d) "Greenspace" shall mean permanently protected land and water, including agricultural, and forestry land whose development rights have been severed from the property, that is in its undeveloped, natural state and that has been developed only to the 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; 3 -- i -, . ,. . 8ook,007.961994 Augusta - Richmond County 2002020608 06/26/2002 12:02:52.01' 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 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 Trusf' 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 ~ ______ __.___--- ~__.J_____i._~ . . 'Bo~k 00796:1995 Augusta - Richmond County, . 2002020608 06/26/2002 12:02:52.01 4. Covenants Runnina with the Land. Declarant acknowledges and agrees that the Conservation Easement is appurtenant to and runs with the land, and shall be binding and enforceable against Declarant, its successors and assigns, and any Trustee appointed to manage the Property. The Conservation easement shall inure to the benefit of the State of Georgia, the Land Trust, and their respective successors and assigns, and shall be enforceable by the State of Georgia, its agents or assigns, and land Trust, its successors and assigns, in the Superior Court of Richmond County, Georgia. 5. Severabilitv. 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) Headinas. 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 5 I :;jjjj Book-00796 .1996 Augusta - Richmond County , 2002020608 06/26/2002 12:02:52.01 a waiver of any other right arising from a subsequent breach of the same obligation or for any default, pass, present or future. (c) Time is of Essence of This Declaration. (d) Applicable Law. This Declaration shall be governed by, constructed under, and interpreted and enforced in accordance with the laws of the State of Georgia. (e) Venue. Any action to construe or enforce this Covenant shall be filed in the Superior Court of Richmond County, Georgia. IN WITNESS WHEREOF, Declarant has signed and sealed this Declaration, on the day, month and year first above written. DECLARANT: By: Signed, Sealed and Delivered in The presence of: I1/H-'J^ &) ~~ WlS .<,,$4 ~ :. ,~otary 'publ'G~ ". . ~: :' :Ri~6'n'a:eoV!lty, Georgia : .'. .M\ "',..--. '., .' . E . . ....,......RICtImOnd County, Georgia ~ : ~ VU1nml~S~On :: xplres. .. caAwrtllllCn l!lcpIres Jan. 4, 2005 . _', I /1 n, \ v:.,..:- . "'\,',::-, :':.,',;:,~,,:>.,~/ r: '/,~ ~'~ ',)\1 1"';- " 6 ______1____' ___t___ _____________---..... . .. Book 00796:J 996 2.Augusta - Richmond County 2002020608 06/26/2002 12: 02: 52, 01 EXHIBIT "A" All those tracts or parcels of land, situate, lying and being in the 86th and 89th GMD of Richmond County, Georgia, being designated as Parcel "A-1, consisting of 36.95 acres, more or less, Parcel "B," consisting of 7.99 acres, more or less, and Parcel "C-1 ," consisting of 2,49 acres and 2.57 acres, more or less. The property being conveyed is more particularly described on a plat prepared for Augusta, Richmond County, Georgia by Cranston, Robertson & Whitehurst, P. C., April 4, 2002, and filed of record in the Office of the Clerk of the Superior Court for Richmond County, Georgia at Realty Book 796, page 1890, for a more complete and accurate description and location of said property. ,.----~~-- Filed in this office: Augusta - Richmond County N)12'3f~()O::> 12.02:.52~ .--------EI;:1I1-:c:.:=; .Johnson I' f AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY AnORNEY LEE BEARD TOMM\' BOYLES ULMER BRIDGES ANDY CHEEK BOOBY G, HANKERSON WILLIAM R. KUHLKE, JR. WM, "WILLIE" H. MAYS, III STEPHEN E, SHEPARD MARION WILLIAMS BOB YOUNG Mayor P,O, Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND_GA.US June 27, 2002 GEORGE R. KOLB Adrninistrator RICHARD L. COLCLOUGH Mayor Pro Tern Ms. Lena Bonner Clerk of Commission City-County Municipal Building 530 Greene Street; 8th Floor Augusta, Georgia 30911 RE: Greenspace Closing Alan Sibley, Jr. and Winston Sibley, Jr. Our File No. AR-38-005-02 Dear Ms. Bonner: Enclosed for your files, please find the following documents: 1. Final Title Opinion, in letter form, prepared by Jim Wall and addressed to the State of Georgia, Department of Natural Resources and yourself, dated June 27, 2002; 2. Copy of deed of conveyance wherein Alan Sibley, Jr. and Winston Sibley, Jr., conveyed the within referenced property to Augusta, Georgia, filed of record in the office of the Clerk of the Superior Court for Richmond County, Georgia, at Realty Book 796, pages 1985-1990. The original will be forwarded upon receipt from recording; 3. Copy Declaration of Restrictions and Covenants by Augusta, Georgia, filed of record in the office of the Clerk of the Superior Court for Richmond County, Georgia, at Realty Book 796, pages 1991-1996. The original will be forwarded upon receipt from recording; 4. Original Commitment for Title Insurance issued by Harry B. James, 11/; and f .r ~ ~ .. Ms. Lena Bonner June 27,2002 Paae Two of Two 5. Original Final Title Policy issued by Harry B. James, III. The enclosed documents should be retained as a part of the City's permanent records. Should you have any questions, please don't hesitate to call. s~ ~_~ Shannon M. Mitchell, Paralegal City Attorney's Office Augusta, Georgia Ism Enclosures cc: George Patty, Planning & Zoning .' '- ,. AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B, KUHLKE, JR. WM. "WILLIE" H, MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P,O, Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US June 27,2002 GEORGE R. KOLB AdrninistratDr RICHARD L. COLCLOUGH Mayor Pro Tem 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 Alan Sibley, Jr. and Winston Sibley, Jr. Our File No. AR-38-005-02 Dear Sir/Madam: This is to certify that we have examined the title to the above said property in the proper office and, based on this examination, it is our opinion that fee simple title to the hereinafter described property is vested in Augusta, Georgia by virtue of a deed from Alan Sibley, Jr. and Winston Sibley, Jr., as Grantors, said deed being dated June 24,2002, and filed of record in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 796, pages 1985-1990. 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 said Clerk 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, if any. ~ '. State of Georgia, Department of Natural Resources Augusta, Georgia June 27,2002 Page Two of Three 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. This opinion does not address whether or not this property is in an area designated as having special flood hazards. 9. The right to retain necessary utility easements in order to access necessary utilities which run along the southernmost boundary of the tract being sold, including, but not limited to: access to the Georgia Natural Gas line near the southwestern corner of the tract being sold; access to the sewer line now located within the tract being sold, at such locations as needed to create a sewer line system reasonably necessary to service any future. subdivision; and access to Butler Creek for water drains if required by local authorities to drain any future subdivision. Said exceptions are more particularly described in the deed of conveyance filed of record in said Clerk's office at Realty Book 796, pages 1985-1990. 10. The right to retain necessary utility easements in order to access utilities. 11. Declaration of Restrictive Covenants executed by Augusta, Georgia, dated September 21, 2001, and filed of record in the in the Office of the Clerk of the Superior Court for Richmond County, Georgia in Realty Book 755, pages 927-947, restricting the property to Greenspace property. ~ . -; state of Georgia, Department of Natural Resources Augusta, Georgia June 27,2002 Paae Three of Three Enclosed herewith to the State of Georgia, Department of Natural Resources, please find the following: (1) copy of Commitment for Title Insurance; (2) copy of Final Title Policy; and (3) recorded copies of the deed of conveyance and Declaration of Restrictions and Covenants. The originals of these documents are being simultaneously forwarded to the Clerk of Commission for Augusta, Georgia. By: Ja es B. Wall Ity Attorney Augusta, Georgia 454 Greene Street Augusta, Georgia 30901 (706) 821-2488 Enclosures: Deed of Conveyance Declaration of Restrictions and Covenants Commitment for Title Insurance Final Title Policy cc: George Patty, Planning & Zoning ~ .. EXHIBIT "A" All those tracts or parcels of land, situate, lying and being in the 86th and 89th GMD of Richmond County, Georgia, being designated as Parcel "A-1, consisting of 36.95 acres, more or less, Parcel "B," consisting of 7.99 acres, more or less, and Parcel "C-1," consisting of 2.49 acres and 2.57 acres, more or less. The property being conveyed is more particularly described on a plat prepared for Augusta, Richmond County, Georgia by Cranston, Robertson & Whitehurst, P. C., April 4, 2002, and filed of record in the Office of the Clerk of the Superior Court for Richmond County, Georgia at Realty Book 796, page 1890, for a more complete and accurate description and location of said property. i _ . _ Return To: County Attorney' 454 Greene Street .Augusta, GA 30901 <. Book 00796: 1985 Augusta - Richmond County 2002020607 06/2612002 12:02:52.00 $0.00 WARRANTY DEED )lnlmllJlmllml~ liiii iiili rliii iiiii im iiii wi ii~ . 2002020607 Augusta - Richmond County STATE OF GEORGIA COUNTY OF RICHMOND ) ) ) THIS INDENTURE, made this :;;... '-\ day of c::c.L( .IV EEL , 2002, by and between ALAN SIBLEY, JR. and WINSTON SIBLEY, JR., as parties of the first part, and Augusta, Georgia, a political subdivision of the State of Georgia, as party of the second part: WITNESSETH: That the parties of the first part, for and in consideration of the sum of One Hundred Eighty Nine Thousand Six Hundred Twenty Five ($189,625.00) Dollars, in hand paid. at or before the seaUng and delivery of these presence, the receipt and sufficiency of which is hereby acknowtedged, have granted, bargained, sold and conveyed, and by these presence do hereby grant, bargain, sell and convey unto the said party of the second part, its successors and assigns, the property more fully described as follows: All those tracts or parcels of land, situate, lying and being in the 86th and 89th GMO of Richmond County, Georgia, being designated as Parcel "A-1, consisting of 38.95 acres, more or less, Parcel "B," consisting of 7.99 acres, more or less, and Parcel "C-1," consisting of 2.49 acres and 2.57 acres, mor:e or less. The property. being conveyed is more particularly described on a plat prepared for Augusta, Richmond County, Georgia by Cranston, Robertson & Whitehurst, P. C., April 4. 2002, and attached hereto wtlY a.J? 5; --:!(. ;; ; " as Exhibit ttA" for a more complete and accurate description and Ioeation of said property. EXCEPT: Parties .of the first part shall retain the right to reasonably necessary utility easements in order to access utilities which run along the southernmost boundary of said tract. inefuding, but not limited to: (a) access to the Georgia Natural Gas line near the southwestern comer of the tract being sold; (b) access to the sewer line now located within the tract sold. at such locations as needed to create a sewer line system reasonably necessary to service any future subdivision on the remainder of parties of the first part's adjoining lands: and (c) access to Buder Creek at no more than two locations for water drains if required by local authorities to drain any future subdivision on the remainder of parties of the first pariYs adjoining land. ALSO EXCEPT: Party of the second part is to be granted road access over the parties of the First Part's remaining acreage as follows: (a) Until and unless parties of the first part or their assigns develop a subdivision on parties of the first party's adjoining lands, party of the second part shall have access to the tract sold across existing logging roads on parties of the first party's adjoining lands, which roads begin at the access strip conveyed to parties of the first part " In deed filed of record in the Office of the Clerk of the Superior GUJ,y a 13 S . :I;. ~ ~ Court for Richmond County, Georgia, at Realty Reel 581, page 2354, and runs generally north aa:oss parties of the first part's remaining lands. (b) If parties of the first part or their assigns develop a subdivision, parties of the first part reserve the right to: (1) discontinue party of the second part's access during construction for not more than 90 days, and . (2) relocate party of the second part's access through other private or public roads in the subdivision to a point no more than 300 feet from the land sold to party of the second part and to grant parties of the first part access across the intervening strip of land but not necessarily to build party of the second part a new road across the intervening strip. of land. The intervening strip of land shall not have any large guiDes or other topographic features making it impossible to use vehicular access without major earth moving work. 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 93>947. Grant funds under said Grant Agreement have been used in the acquisition of the above described property-\ and the State of Georgia is a third-party beneficiary of said l6J9. a.. a s,. ~. ; .. Grant Agreement. and has a right to require &pecific performance of said Grant Agreement and require that the property be returned to the use as provided in said Grant Agreement TO HAVE AND TO HOLD the said property. together with all and singular of the rights. ways. easements and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only property use, benefit and behoof of the said party of the second party, its successors and assigns, in fee simple, forever. And the parties of the first part, their successors and assigns, do warrant and will forever defend the right and title to the above described property unto the said party of the second part, its successors and assigns, against the claims of all persons whomsoever. IN WITNESS WHEREOF, the parties of the first part have caused this instrument to be executed this deed of conveyance the day and year first above written. . ~~.--r;. ALAN StBLEY, JR. ' Signe~.,Seared and Delivered in the ~~ .. /~-~ NOla~ijUbliC ~- Ri~~. ~.. :,~~C.. j)~,~ty, ~eorgia ~.. ~ . ~qr. ",E,xptres: '0"./.,0 7"-"";'.' :: .... ~ .~.". ........ ,'"). , ~ = f My Comm. E.~p, ~ ~ -: : t\.IOV. 19. ZOC~. : _ : . 1'1 ....., . ~ <:9 '. _ :" (5 : , -.4" -........ '\)" ..... ",:. .'.;....) ,......, ;~,I, \ ..~'~,~.. ...... " ~~\/\\;".C,:~,:~<,:.,.-.' [SIGNATURES CONTINUED ON NEXT PAGE] ~ . ~ . Signed. Sealed and Delivered in the Pf ot , ,\'" ." ,'tt.' to" '-. , o~ :~ ')- - J' , . ii>NGI ,... : ~ 0 ~ ~ ;:~ .~( "...,.~ :!.J...f1 L'. ./:, ., r .....~ ~ . ~ ; IV,)::: . .._~ ':xp.: : . : ~\~O'J. ': _. ,__04: : ~\P"3 :'(: ~ 1': '0, ~ .,..' 0 .: ". '<> ' ,c'!J'::1' \_ ;~".'"':~l:u/J,~~:-:,~ ~..' .''':'/ij'V '.~OU\" ,.,' . - . . .... ~)~~,~(i NSTON SIBLEY, JR. I .. .. Exhibit "A" ..- ..- ..- \ ri\ ....'" \(3'\ ..-"- - \ ..- \ (.\ '. "..J;:"" \ - V'... /' /' ;,..., ,/ I I , I .... , 1 '/ 1 I I' (,ilI '" /' 1./ I '..... - , I ';..... I.~I / {oo.. -,,', / "",('.!! 'yo? I J./OV"'- 'CRNON I I " (!J '1 I (:-".......,,~.( Sfcr, Z I 1'..... (,0", I J......... u~ I '..... SlJBD. I / ....., " I ,,,,_, /",C>:i:.'_ / r, (,l-..... / '13 - I l-~'..... I I. ',- 'f I I @ I ..,.::;. '...J f.. (,,,....., / I (!!' I ).........<" - ..; s~ I(,a. I I \ , '$J-;' I (,7' I \ (,51 "b'" <$"e-- I (,ii' \ - " , I - \ 0- \ .n, "",:: =.iN SIJBD. WAONrTlC N/F RICHIIOND COUNTY / / / .., Tn - !'4~ '" ' 00 !n- o"' " :z ~gl:'! ~~~ <.J.t: <.i 00' :: t COURSE ALONG Cf. COURSE ALONG lt COURSE ALONG lt Of BUTLER CREEK 0, SUTLER CREEK Of BUTLER CREEK fROM PT:A"-"B" ,ROM PT."S"-"C" fROM PT."C"-"O" liNe SeARING lLNG TH LINE BeARING LENGTH LINE BEARING LeNGTH lI. . 7'0 . 10".905 L12 -" lJi.74 '-29 ~9.Ci9 '-2 7' -< , \OQ.0ll lIJ ,..., . 125.28 '-'0 N 1I.l.29 U 7" . 100.00 L,. i4,QI UI 111.J1 L< 7' 511.&1 ", ., . 64.JO .. I .1.ao Lto 12.3.28 L6 105. 71 LI7 " 6251J L7 I 79.59 lI6 .3.2.&2 L6 S5.'iI~ lI. I .~.OJ " 20HJ '-20 10J.S lI0 83.51 1.21 , r 120.11. III 7~2J 1.22 .' '. aCi.n I.2J N 172.62 LH " 217.71 '-2' <~ .. .,. I&O.Ja ...,6 . .. .,. 117.90 '-27 I .' .' ~ :!ll.eO '-2' r .< &0.'2 .. ;; ~N Oor g;, ...0; '" ~ 0- c., ~; 0= "'N ... Qj' !n .. . .... ir') ~ o ' za PARCEL "A" 97.42 Ac. \ I ~ ~r COiCRrrr I.ICNU..,!NT fOVHO err CRI....PED TOP IRON fOUND IPF iRCI'i Pt'l fWNO ..,1"" c-:>€'" ::.p IP.C"-l n....J.'C;O Rt1f ~t:3..-J< fOUND R9.S ROAR xl I, N/F C.C. ROYAL ESTA n: P L ^ T <1. AUGUST A RICHMOND CO U NTY "'6....13. W I 115.87' . / ..~ ~7 "1 .,1 .:-i ~I ;,1 J,..~ err ;;/ r()JMO B'I' f;l,jF ~'/ OL.D---..L~B':::"J'.< liO' ~ - -:. 'n-} o'4CC-"::''!.l8l.7.' o R04D~" err R"'TRFNCFS. 1. PL...o.T fOR ,Iol..,.Uol " "'H5TOH SlBl..LY BY CR....NSTClN. ROBDT5CN k ~lU'IURST ?c. O...Tm lIIM01 2.7. 1~1S1. l.A.Si :tE'.:s(c Co'" APRIL a. liel. 2. PLl T cr !Z':TlOH I SA~ ~,. SHFT-GR(CG ok ~c. OArre SU'T. 12. l~e.. ~ ?VI r .;F '..OfUH COWPAJoi'T' BY .;...W[5 c.. s:"",n k ASSOC. OArzD "'AY :z. 1978. 4, cc-..?1L!D PlA T CF I1().JOAl" HIll. BY B,4.I.,.O...N . atAHSlCtl " .,"-c-soc. L'lC. 0... ltO APRn. ~. 197J. ,. , AUGUSTA , RICHMOND SCAl1: : :" - 200' COUNTY , GEORGIA APR:L ~. 2CC2 :!':.J , tOO !'::1 .", 5 C ... L [ "" f ( E T " Roberlson & Whitehurst.~ ",0. c.1...-.:nu.... ~ (lOG) 12J-I5M M.lQJSi....Q;C>>Q.lJDllCJ .........,., ",-o.v -"'" Returr;j"o: County Attorne}f 454 Greene Street . Augusta, GA 30901 Book 00796: 1 ~a1 Augusta - Richmond County 200202060806/261200212:02:52.01 $0.00 DECLARATION RESTRICTIVE COVENA 111l1~ lll~ i~ii i~ii iiiii iiiii iii~ i~~~m iiiii imi iim ?002020608 Augusta - Richmond County STATE OF GEORGIA COUNTY OF RICHMOND ) ) ) DECLARATION OF RESTRICTIONS AND COVENANTS This declaration is made this ~Co -M. day of J~ , 2002, 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 Alan Sibley, Jr. and Winston Sibley, Jr. by deed dated Jut--J't:. Z,", I 200 '2.. , and recorded in the Office of the Clerk of Superior Court of Richmond County in Realty Book 7frc , pages /t'/:f'- ; 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 "Agreemenf'); said Agreement being filed of record in the Office of the 1 , ~ 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 alia, to operate and maintain such Property in such a manner as to achieve one or more of the nine statutory goals of the Georgia Greenspace Act (O.C.G.A. ~36-22-1, et seq.) including, protecting or enhancing water quality, providing flood protection, providing natural habitat and corridors for native plant and animal species, protecting archaeolog1cal 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 ofTen 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 Easemenf' 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; 2 , protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, agricultural, archaeological, or cultural aspect of real property. (b) "Georgia Greenspace Act" shall mean a.c.G.A. 36-22-1 ~36-22-1, et seq. (c) "Grant Agreement" shall mean that certain Georgia Greenspace Program Grant Award Agreement dated June 12, 2001, by and . between the State of' Georgia, Department of Natural Resources, and Augusta, Georgia. (d) "Greenspace" shall mean permanently protected land and water, including agricultural, and forestry land whose development rights have been severed from the property, that is in its undeveloped, natural state and that has been developed only to the 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; 3 '. 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 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 Trusf' 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 ~ 4. Covenants RunninQ with the land. Declarant acknowledges and agrees that the Conservation Easement is appurtenant to and runs with the land, and shall be binding and enforceable against Declarant, its successors and assigns, and any Trustee appointed to manage the Property. The Conservation easement shall inure to the benefit of the State of Georgia, the land Trust, and their respective successors and assigns, and shall be enforceable by the State of Georgia, its agents or assigns, and land Trust, its successors and assigns, . in the Superior Court of Richmond County,'Georgia. 5. Severability. In the event that any of the provisions contained in this Declaration shall for any reason held to be invalid, illegal or unenforceable in any respect in a final ruling or judgment of a court of competent jurisdiction from which no appeal has been or can be taken, the remainder of the Conservation Easement shall not be affected thereby and each term, covenant, condition and provision hereof shall remain valid and enforceable to the fullest extent permitted by law. 6. General Provisions. (a) Headinas. 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 5 . . ~ a waiver of any other right arising from a subsequent breach of the same obligation or for any default, pass, present or future. (c) Time is of Essence of This Declaration. (d) Applicable Law. This Declaration shall be governed by, constructed under, and interpreted and enforced in accordance with the laws of the State of Georgia. (e) Venue. Any action to construe or enforce this Covenant shall be filed in the Superior Court of Richmond County, Georgia. IN WITNESS WHEREOF, Declarant has signed and sealed this Declaration, on the day, month and year first above written. DECLARANT: AU \ By: ~\iAs Its: Mayor AT ~ST: U By: Signed, Sealed and Delivered in The presence of: Ii//:IJ~ &/ Witn s ' 7.Ck otary Public Richmond. County, Georgia My Commission Expires' ...,.... AIrM\On(l County, Georgi.:. . ..., COlW" I'On ~es Jan, 4, 200Ei iJ::~y ~?/ 12 /7tYG) 6 ... . .. (- .' .. GF-C1813- Georgia Title Insurance Commitment COMMITMENT FOR TITLE INSURANCE ISSUED THROUGH THE OFFlCES OF Attorneys' Title Guarantv Fund, Inc. THE GEORGIA ATTORNEYS' ORGANIZATION SPEClALL Y ORGANIZED TO PROVIDE COMPLETE TITLE ASSURANCE BY ITS MEMBER HARRY B. JAMES, III has caused FIRST AMERICAN TITLE INSURANCE COMPANY to issue this commitment for title Insurance. First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the Effective Date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company, This Commitement shall not be valid or binding until Schedule A has been countersigned by either a duly authorized agent or representative of the Company and Schedule B-1 and B-I1 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 BY 4rr c/ ATTEST: I7l d R- ~ SECRETARY PRESIDENT '. '. " ATGF 1813-A TItle Insurance Commitment (REV 9/78) Attorneys' Title Guaranty Fund, Inc. SCHEDULE A Agent's File No: 541 Commitment No. GFC 541 Date Effective: June 17, 2002 4:00 P,M, Amount of Policy: $189,625,00 2, Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy Form - 1992 Proposed Insured: AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (b) A.L.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: ALAr-.; B, SIBLEY, JH., ~nd WINSTON SIBLEY, JR, 5, The land referred to in this Commitment is in the State of Georgia County of Richmond and described as follows: SEE AITACHED EXHIBIT "A" By: ... a EXHIBIT "A" PARCEL A-1 All that tract or parcel of land containing 36.95 acres situate, lying and being on the South side of Butler's Creek in the 86th District (formerly the 1660lh District, G,M,), Richmond County, State of Georgia, being more particularly shown and designated as Parcel A-1 upon a certain plat made for Augusta-Richmond County by Cranston, Robertson & Whitehurst, P,C., dated April 4, 2002, copy of which is to be recorded contemporaneously herewith, specific reference being made to said plat for a more complete and accurate description of said tract of land, its exact location, dimensions, metes and bounds, PARCEL B All that tract or parcel of land containing 7.99 acres situated lying and being on the North side of Butler's Creek in the 89th District (formerly the 123r District, G,M.), Richmond County, Georgia, being more particularly shown and designated as Parcel B upon a certain plat made for Augusta-Richmond County by Cranston, Robertson & Whitehurst, P.C., dated April 4, 2002, copy of which is to be recorded contemporaneously herewith, specific reference being made to said plat for a more complete and accurate description of said tract of land, its exact location, dimensions, metes and bounds. PARCEL C-1 All that tract or parcel of land containing 12.07 acres situated lying and being on both sides of Butler's Creek partly in the 89th District (formerly the 123r District, G,M,) and partly in the 86th District (formerly the 1660th District, G.M.), Richmond County, Georgia, being more particularly shown and designated as Parcel C-1 upon a certain plat made for Augusta-Richmond County by Cranston, Robertson & Whitehurst, P,C., dated April 4, 2002, copy of which is to be recorded contemporaneously herewith, specific reference being made to said plat for a more complete and accurate de3cription ()f said tract of land, its exact location, dimensions, metes and bounds. r ATGF 1813-8-1 Trtle Insurance Commitment-(REV 9(78) Attorneys Title Guaranty Fund, Inc. SCHEDULE B-1 (Exceptions) Issuing Office File No,: 541 Commitment No, GF-C 541 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company, 1, Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2, Any owner's policy issued pursuant hereto will contain under Schedule B the General Exceptions set forth al the inside cover hereof, Any loan policy will contain under Schedule B General Exceptions 1, 2, 3 & 5 unless a satisfactory survey and inspection of the premises is made and will contain General Exceptions 4 and 6. 3, In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic installments, then the policy shall contain an additional exception which shall read as follows: .Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures the amount actually disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest to or for the account of the mortgagor up to the amount of the 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 furnish to the insured a continuation report showing such matters affecting title to the land as they have appeared in the public records subsequent to the date of the policy or the date of the last preceding continuation report, and if such continuation report shows intervening lien, or liens, or interest to or for the account of the mortgagor, then in such event this policy does not increase in liability unless such matters as actually shown on such continuation report are removed from the public records by the insured,. 4, All state and ccunty taxes for the year 2002 and all talCes for subsequent years, 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-B-1I Title Insurance Commitment (REV. 8/78) Attorneys Title Guaranty Fund, Inc. SCHEDULE 8-11 (Requirements) Agent File No, 541 Commitment No, GF-C 541 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, Warranty Deed conveying Fee Simple Title to the within described tracts from Alan B, Sibley, Jr" and Winton Sibley, Jr., to 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, v " _ 1 . . ,. 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. . - !! ". .. S~!J~~~!J:;;q~~~~Y~ ~ d .GF - OP 1814 Georgia : ~ olJ~','" ill ALTA Owner's Policy Policy No. GF . OP . 5389 6 I.~ 9 o~ . (10/17/92) ~ ~Q GV ?r}?::tJ ~ ' ~t;~Jq TITLE OPINION L~,~ r '1. !i ,r y ..~ Q [}<;~~ ~iP r.U, 9" ,.~ C The undersigned member of Attorneys' Title Guaranty Fund, Inc, renders to the insured named in the policy the opinion that, based ts""i}' t'~J upon matters correctly indexed upon the public records of the county in which the land described in Schedule A of the policy is ci<,~ :t;:!J, located (the term "land" being more particularly defined in the Conditions and Stipulations of the policy) and subject to the v)Ji _"-:.'~1r'~8~ Exclusions from Coverage hereinafter set forth, the Exceptions contained in Schedule B and the Conditions and Stipulations of the ~3[J_-,~_ t,,' ;-lU.l.., policy, the estate or interest described in Schedule A is vested in the insured at Date of Policy free of all encumbrances, liens and )Lh" ~ :::t(((' other objections, and has caused to be issued the following policy of title insurance, . n~ ,~>~ [t:::~ ~ ~ t',~,~a ~,~ fAh VL~ ?f'\C BY: HARRY B. JAMES, III DJ'ti ~ ~~J ATTORNEYS' TITLE GUARANTY FUND MEMBER ~<<t !~ ~~ ~~~r ~~ ~ r~ ~ r~ IF;jrm~ AflJ!JJ(f}JJ;jif:rJIlfIi1llO~P(f} JIfIi1f!!;[lJJJJrJIlfIi1!f::(f} ({;@flJ!JJfPJrJI1fIi1Jf I ;~ ([>>WNJEIRi'~ IP([>>ILIT1:Y 1DIF 1rIT1rILIE ITN~1UhN1:IE ~. ~1;~ ?~ ~'" ,(7 ~C~ , :~(j '{'~ C .&~9 ;J:.~, _<.J .~ ,t? ~i ~(.:, ~'>;)i:J ftie f~F~(} !-J;i%J "~7 'i-; L:s '~:-tJ iJ,J(l "l.~0.,G \l?,<J ~.j}J(? ~,;::~~ ,,, ;:J ,..,-~ ~ .~' 1 T(~ ~~-:.(] llJ "'l(W ,~~ ~.,--J.Cl 4B:~(' 'ifi\: ~f.' ISSUED THROUGH A MEMBER OF b\ili'r@[7'[(l}@W~v lo~~@ (GJlUl@}[7'@}ITil~W [FlUl[(l}cQ]~ ~1Til~c THE GEORGIA ATTORNEYS' ORGANIZATION SPECIALLY ORGANIZED TO PROVIDE COMPLETE TITLE ASSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, Insures, as of Date of Policy shown In Schedule A, against loss or damage, not exceeding the Amount of Insurance stated In Schedule A, sustained or incurred by the Insured by reason of: 1. Title to the estate or Interest descrIbed In Schedule A being vested other than as stated therein; 2. Any defect In or lien or encumbrance on the title; 3. Unmarketablllty of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, aUorneys' fees and expenses incurred In defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. This policy shall not be valid or binding without Schedules A and B. JFift~([ AmrerrictElf!J11flidre J!f!J1~[lJJrrtElf!J1Cre C((}mf[M11IJ1Y Byr?4x1~ P=IDENT A7TEST /J11tAl- J:. ~ SECRETARY " EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4, Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (Q to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor, 1, DEFINITION OF TERMS, The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors, (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge'. or "known'.: actual knowledge,. not constructive knowledge or notice which maybe imputed to an insured by reason of the public lecords as defined in this policy or any othel records which Impart constructive notice of mat- ters affecting the land (d) "land". the land described or referred to in Schedule (A), and improvements affixed theleto which by law constitute real ploperty, The term "land" does not incluoe any property beyond the lines of the area described or referred to in Schedule (A). nOI any light, title, intelest, estate or easement in abutting stleets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a rigllt of access to and from the land is insured by this policy (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument (I) "public records": records established under state statutes at Date of Policy for the purpose of Imparting con- structive notice of mattels relating to real property to pur- chasers for value and Without knowledge, With respect to Section 1 (a)(lv) of the Exclusions From Coverage, "public records" shall also include envilonmental protectIOn liens filed in the records of the clelk of the United States district court for the district in which the land is located. (g) "unmarketability of the title" an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the deliVery of marketable title 2. CONTINUATION' OF INSURANCE AFTER CONVEYANCE OF T1TLE. ~ " a CONDITIONS AND STIPULATIONS the basis of loss or damage and shall state, to the extent possi- ble, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, pros- ecute, or con1inue any litigation, with regard to the matier or matiers requiring such proof of loss or damage. In addition, the insured claimant may reasonably be re- quired to submit to examination under oath by any authorized representative of the Company and shall produce for examina. tion, inspection and copying, at such reasonable times and places as may be designated by any authOrIZed representative of the Company, all records, books, ledgers. checks, corre- spondence and memolanda, whether bearing a dale before or after Date of Policy, which reasonably pertain to the loss or damage. Furthel, if requested by any authorized representa- tive of the Company, the insured claimant shall grant its per- mission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the cus- todyor control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reason- able judgment of the Company, it is necessary in the adminis- tration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably request- ed information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regula- tion, shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY, In case of a claim under this policy, the Company shall have the :ollowing additional options: (a) To Pavor Tender Pavment of the Amount of Insurance, (i) to payor tender payment of the amount of insurance 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 or . ... (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY, All payments under this policy, except paymen1s made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11, LIABILITY NONCUMULATIVE, It is expressly understood that the amoun1 of insurance under this policy shall be reduced by any amount the Com- pany may pay under any policy insuring a mortgage to which exception is 1aken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12, PAYMENT OF LOSS, (a) No payment shall be made without producing this policy for endorsement of the payment unless the poliCY has been lost or destroyed, in which case proof of loss or destruc- tion shall be furnished to the satisfaction of the Company, (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13, SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation, Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in " , ,.. r.:.. ;' ~ " .~ Schedule A for use with Owner's Policy Attorneys 1 Title Guaranty Fund, Inc. SCHEDULE A Agent's File No: 541 Policy No, GF-OP-53896 Date of Policy: June 27, 2002 1:30 P,M, Amount of Insurance: $189,625,00 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: j.1 .~ ~ .. J,i / .. ATGF 1056 All Policy Forms (REV 9/78) Attorneys' Title Guaranty Fund, Inc. SCHEDULE A (Continued) Agent's File No: 541 Commitment No. GF- 541 Policy No, GF-53896 PARCEL A-1 All that tract or parcel of land containing 36.95 acres situate, lying and being on the South side of Butler's Creek in the 86th District (formerly the 1660th District, G,M,), Richmond County, State of Georgia, being more particularly shown and designated as Parcel A-1 upon a certain plat made for Augusta-Richmond County by Cranston, Robertson & Whitehurst, P.C., dated April 4, 2002, copy of which is to be recorded contemporaneously herewith, specific reference being made to said plat for a more complete and accurate description of said tract of land, its exact location, dimensions, metes and bounds. PARCEL B All that tract or parcel of land containing 7,99 acres situated lying and being on the North side of Butler's Creek in the 89th District (formerly the 123' District, G,M,), Richmond County, Georgia, being more particularly shown and designated as Parcel B upon a certain plat made for Augusta-Richmond County by Cranston, Robertson & Whitehurst, P.C., dated April 4, 2002, copy of which is to be recorded contemporaneously herewith, specific reference being made to said plat for a more complete and accurate descri9tion of said tract of land, its exact location, dimensions, metes and bounds. PARCEL C-1 All that tract or parcel of land containing 12.07 acres situated lying and being on both sides of Butler's Creek partly in the 89th District (formerly the 123' District, G,M.) and partly in the 86th District (formerly the 1660th District, G.M,), Richmond County, Georgia, being more particularly shown and designated as Parcel C-1 upon a certain plat made for Augusta-Richmond County by Cranston, Robertson & Whitehurst, P.C., dated April 4, 2002, copy of which is to be recorded contemporaneously herewith, specific reference being made to said plat for a more complete and accurate description of said tract of land, its exact location, dimensions, metes and bounds. ,.- ~ .~ ..' ~ ~ . ~ l' '" - ...~ . Schedule B For Use With Owner's Policy Attorneys J Title Guaranty Fund, Inc. SCHEDULE B Agent's File No: 541 Policy No, GF-OP-53895 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, bQundary 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, 5. 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. - .a .. If t- ,. The coverage of this,policy shall continue in force as of Date of Policy In lavor ~f. an insured only so long as the insured . retains ar. estate cor 1n1erest In the land. or holds an indebted- ne~s secured b~ a purchase money mortgage given by a purchaser 110m tfie insured. or only so long as the insuled shall have liability by reason 01 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 favol of any purchaser from the insured of either (i) an estate or Interest in the land or (ii) an indebtedness secured by a purchase money mortgage given to the Insured. 3, NOTICE OF CLAIM TO BE GIVEN BY INSUREO CLAIMANT, . The insured shall notify the Company promptly In wliting (i) In case of any litigatIOn as set forth In Section 4(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 in sur en, and which might cause loss or damage tor.which the Company may be liable by virtue of this policy, or (III) If title to the estate or interest, as insured, is relected as unmarketable. If prompt notice shall not be given to the Company. then as to the insured all liability of the Com- pany shall terminate with regard to the matter or matters for which prompt no1ice is required: provided. however that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE, (a) Upon written request by the insured and subject to the options contained In SectIOn 6 01 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 10 the title .or in1erest 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 nght 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 an.d will not pay the tees of any other counsel. The Company '11111 not pay any fees. costs or expenses incurred by the Insured In the defense of those causes of action which allege mattels not insured against by this policy. . . (b) The Company shall have the right. at its own cost, to Inslitute 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 appropnate action under the telms of this policy whether or not it shall be liable hereunder. and shall not thereby concede liability or waive any plovision of this policy. If the Company shall exercise its rights under this paragraph it shall do so diligently , . (c) Whenever the Company shall have brought an actlonor Interposed a defense as required or permitted by the prOVISions of thiS pOliCY, the Company may pursue any litiga- tion to final deternllnatlOn by a court of competent jurisdiction and expreSSly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or prOVide for the defense of any action or proceeding, the InSlJred shall secule to the Company the rlghtto 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 name 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. and (ii) In any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate 01 interest as insured. If the Company is prejudiced by the failule of the insured to furnish the required cooperation, the Company's obligations to 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 requiring such coo;Jeration. 5, PROOF OF LOSS OR DAMAGE, In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the Insured claimant shall be furnished to the Company within 90 days after the Insured claimant shall ascertain the facts giving nse to the loss or damage. The proof of loss or damage shall deSCribe the defect In, 01 lien or encumbrance on the title or other matter insured against by I his policy which constitutes it + a. ;"_ tender of payment and which the Company is obligated to pay. (II) upon the exercise by the Company of this option all liability and obligations to the insured under this policy: other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other than. the Insured or With the Insured Claimant. . (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, allorneys' 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 plovlded 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 insu'red estate or interest as insured and the value of the insured estate or interes1 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 oaid 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: ' Ii) where no subsequent implovement 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 ir:lorovement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under thiS policy. and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A (c) The Company will pay only those costs, attorneys' fees and expenses Incurred In accordance with Section 4 of these Conditions and Stipulations. 8, APPORTIONMENT, If the land described in Schedule (A)(C) consists of two or more parcels which are not used as a single site and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has 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 right of access to or from the land, or cures the claim of unmarket- ability of litle, all as insured, in a leasonably diligent manner by any method, including litigation and the completion of any a~peals 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 . , f .. . the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If 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 rights 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 1he Insured may demand arbitra1ion 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 arising 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 1he option of either the Company or the insured. All arbitrable matters when the AmDunt 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 1he Company is the entire poliCY and con- tract between the insured and the Company. In interpreting any provision of this ;lolicy, 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 Dr 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 wntlng 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 9270 I, or to the office which issued this policy. .~ \., .. ~ .~. . < . .~, ", .. "" ~- '" '.I " ,. "