HomeMy WebLinkAboutGreenspace Closing
Augusta Richmond GA
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FILE NUMBER: , le ~ ~ ~
NUMBER OF PAGES:
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AUGUSTA-RICHMOND COUNTY COMMISSION
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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.
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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
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\ Return To: County Attorney
4,~ Gremle Stree't '
,;~: .Augusta, GA 30901
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Book 00796: 1985 Augusta - Richmond County
200202060706/26/2002 12:0252.00
$0.00 WARRANTY DEED
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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 ($189,625.00) Dollars, in
hand paid, at or before the sealing and detivery of these presence, the receipt and
suffidency of which is hereby acknowledged, have granted, bargained, sold and
conveyed, and by these presence do hereby grant, bargain, sell and convey unto the
said party of the second part, its successors and assigns, the property more fully
described as follows:
All those tracts or parcels of land, situate, lying and being in the 86th and
89th GMO of Richmond County, Georgia, being designated as Parcel "A-1,
consisting of 36.95 acres, more or less, Parcel "B," consisting of 7.99
acres, more or less, and Parcel "C-1," consisting of 2.49 acres and 2.57
acres, more or less. The property being conveyed is more particularly
described on a plat prepared for Augusta, Richmond County, Georgia by
Cranston, Robertson & Whitehurst, P. C., April 4. 2002, and attached hereto
wr/-Y.
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(-:-_u_j_-;:-___ .,---- --- --------
Book 00796:1986 Augusta - Richmond County - ,
2002020607 06/26/2002 12:02:52.00
as Exhibit "A. for a more complete and accurate description and location of
said property.
EXCEPT:
Parties of the first part shall retain the right to reasonably necessary utility
easements in order to access utilities which run along the southemmost
boundary of said tract, including, but not limited to:
(a) access to the Georgia Natural Gas line near the southwestern
comer of the tract being sold;
(b) access to the sewer line now located within the tract sold, at such
locations as needed to create a sewer line s}'$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
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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
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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]
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Book 00796:1989 Augusta - Richmond County
2002020607 06/26/2002 12:02:52.00
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NSTON SIBLEY, JR I
Signed. Sealed and Delivered in the
Pr of:
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Exhibit "A"
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Book 00796:1990 Augusta - Richmond County
200202060.7 06/26/2002 12:02:52.00
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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
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LID " . 13..51 III T 120.71
lit 7 '." 75.2J L22 " " aa.Sl2
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AUGUSTA , RICHMOND .
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APRIL 4, 2002
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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
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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
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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
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__~_~ __~_.+ ____ -- ,- --~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
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. 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
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'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
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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
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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
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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
)
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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; --:!(.
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"
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;.
~
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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,. ~.
;
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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
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[SIGNATURES CONTINUED ON NEXT PAGE]
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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
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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.
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AUGUSTA , RICHMOND
SCAl1: : :" - 200'
COUNTY , GEORGIA
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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
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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
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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.
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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 "
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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.
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olJ~','" ill ALTA Owner's Policy Policy No. GF . OP . 5389 6 I.~ 9
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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~
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?f'\C BY: HARRY B. JAMES, III DJ'ti
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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.
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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
"
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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:
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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.
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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
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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
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tender of payment and which the Company is obligated to pay.
(II) upon the exercise by the Company of this option
all liability and obligations to the insured under this policy:
other than to make the payment required, shall terminate,
including any liability or obligation to defend, prosecute, 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
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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.
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