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HomeMy WebLinkAboutKNOX FOUNDATION CSRA LAND TRUST SPIRIT CREEK PROPERTY ~ I ,- .It \ @ Book 01084:0720 Augusta - Richmond County 200604856010/19/200610:53:36.01 $0.00 WARRANTY DEED //11/11//1/11111111111111111111111111/1/11111/11111111111111 2006048560 Augusta - Richmond County Return to: Stephen E. Shepard, County Attorney 701 Greene Street, Suite 104 Augusta, Georgia 30904 STATE OF GEORGIA ) ) ) COUNTY OF RICHMOND THIS INDENTURE, made this 15t day of September, 2006, by and between KNOX FOUNDATION, a charitable trust, of Richmond County, State of Georgia, as party of the first part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as party of the second part; WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars, in hand paid, at or before the sealing and delivery of these presence, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presence does hereby grant, bargain, sell and convey unto the said party of the second part, its successors and assigns, the property more fully described in Exhibit "A" attached hereto. This conveyance is made subject to the Conservation Land Use Letter Agreement, dated April 25, 2006, by and between U.S. Army Corps of Engineers Savannah District, Georgia Land Trust Service Center, Central Savannah River Land Trust, 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 ~g (I , pages 0GL. 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 Grant Agreement, and has a right to require specific . , . . ., '. . l~, Book 01084:0721 Augusta - Richmond County 2006048560 10/19/2006 10:53:36.01 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 party of the first part, its successors and assigns, does 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 party of the first part has caused this instrument to be executed by its duly authorized officer and its seal affixed hereunto, the day and year first above written. KNOX FOUNDATION, a charitable trust ~~ By: Its: Trustee Accepted this 15t day of September, 2006. By: ( fl~ <<- Its:~ . ~ By _ ]Iliif$ Im1tfi/ Its: lerk . -. . .. ,~.. . .. '''. Book 01084:0722 Augusta - Richmond County - - 2006048560 10/19/2006 10:53:36.01 . , Exhibit A All that lot or parcel of land, with any improvements thereon, situate, lying and being in the 1660th and 1434th G.M.D. of Richmond County, Georgia, being more particularly described as follows: All that tract or parcel ofland, situate, lying and being in the 1660th and 1434th G.M.D., in Richmond County, Georgia, and being shown and described on a plat of 134.961 Acres, prepared for Jake G. Howard and Sam Simowitz by Bobby G. Price dated January 1, 1978, and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Reel 87, pages 1639-1644; reference being made to said plat for a more accurate description as to the metes, bounds, courses, location and distances of the property. Less and except the following tracts of land: All that tract or parcel ofland, situate, lying and being in the 1660th G.M.D. of Richmond County, Georgia, and being shown as Parcel "D", 6.11 Acres, on a plat prepared for Louie Edgar Moore, Hope R. Moore, Ruby E. Larymore & Cecil C. Larymore by John M. Bailey, Professional Land Surveyor, dated August 22, 1988, and recorded in the Office of the Clerk of Superior Court for Richmond County, Georgia, in Realty Reel 294, pages 1194-1999; reference being made to said plat for a more accurate description as to the metes, bounds, courses, distances and location of the property. All that tract or parcel of land, with all improvements thereon, situate, lying and being in the 1660th G.M.D. of Richmond County, Georgia, Southeast of Windsor Spring Road and North of Willis-Foreman Road, containing 44.89 acres, and being shown and designated as Tract "A", on a plat prepared by Ayer, Graham & Associates, Inc., dated June 19, 1987, and revised June 23, 1987, which plat is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, on Realty Reel 269, pages 327-328, and to which plat is hereby made for a more complete and accurate description as to the metes, bounds, courses, distances and location of said property. Note: This 44.89 acres includes a tract of land shown on the plat preparedfor Jake G. Howard and Sam Simowitz as "Windsor Lake, Inc., containing between 6 and 7 acres of land, and not being a portion 134.961 acres. All that tracts or parcels of land, with improvements thereon, situate, lying and being in Augusta, Georgia, Richmond County, Georgia, containing 64.89 acres and shown as Tract "A", Tract "B", and Tract "C" on a plat prepared by Southern Partners, Inc., and Thomas M. Graham, Jr., Georgia R.L.S. No. 1880, dated 11/18/1998, and recorded in Realty Reel 633, pages 710-719. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds, courses, distances and location of said property. Said property is conveyed subject to all easements and restrictions of record. Map and Parcel: 179-0-003-10-0 Filed in this office: Augusta - Richmond County 10/19/2006 10:53:36.01 Elaine C. Johnson Clerk of Superior Court . ( ~, Q) " Book 01084:0723 Augusta - Richmond County 2006048561 10/19/200610:53:36.02 $0.00 EASEMENT 1/1111111111111111111111111111111111111111111111111111111111 2006048561 Augusta - Richmond County " Return to: James T. Plunkett 701 Greene Street, Suite 104 Augusta, Georgia 30901 @@~w STATE OF GEORGIA COUNTY OF RICHMOND DEED OF CONSERVATION EASEMENT THIS CONSERVATION EASEMENT (herein "Conservation Easement") is made this ~ day of S't.fI~l,..~y , 2006 by and between AUGUST A, GEORGIA, a political subdivision of the State of Georgia, whose address is Richmond County Planning Commission, 525 Telfair Street, Augusta, Georgia 30901 (hereinafter "Grantor"), and CENTRAL SAVANNAH RIVER LAND TRUST,INC., a Georgia nonprofit corporation, with an address of Post Office Box 148, Augusta, Georgia 30903 (hereinafter "Grantee"). RECITALS A. Grantee is a nonprofit corporation established for the purpose of promoting the preservation of environmentally valuable and sensitive lands, recreational lands, agricultural lands, lands of historic or cultural importance, and open space in the within the State of Georgia for charitable, scientific, educational and aesthetic purposes. B. Grantor owns in fee simple certain real property in Richmond County, Georgia, being 25.2 acres, more or less, and more particularly shown and described in Exhibit A attached hereto, hereinafter "Property." C. Grantor is willing to grant a perpetual Conservation Easement over the Property, thereby resfdcting and limiting the use of the land and contiguous water areas of the Property, on the terms and conditions and for the purposes hereinafter set forth, and Grantee is willing to accept such Conservation Easement. D. Grantor and Grantee recognize the conservation value of the Property in its present state, being a forested creek buffer lying along Spirit Creek, a Savannah River tributary, in southern Richmond County, with over 2000 feet of creek frontage with mature pines and hardwoods. E. Grantee is a tax: exempt public charity under Section 501(c)(3) and 509(a)(2) of the Internal Revenue Code, is authorized by the laws of the state of Georgia to accept, 1 Book 01084:0724 Augusta - Richmond County 2006048561 10/19/2006 10:53:36.02 , , hold and administer conservation easements, possesses the authority to accept and is willing to accept this Conservation Easement under the terms and conditions hereinafter described, and is a "qualified organization" and an "eligible donee" within the meaning of Section 170(h)(3) of the Internal Revenue Code and regulations promulgated thereunder; NOW, THEREFORE, as an absolute gift of no monetary consideration but in consideration of the mutual covenants, terms, conditions and restrictions hereinafter set forth, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity a Conservation Easement ofthe nature and character and to the extent hereinafter set forth, over the Property more particularly described in Exhibit A together with the right to preserve and protect the conservation values of the Property. The purposes of tins Conservation Easement are to preserve and protect the conservation values of the Property and to maintain permanently the dominant woodland, scenic, open, and natural character of the Property, including land and water resources; to protect plants and animals and plant and animal communities on or ,affected by the property's management; and to prevent any use of the Property that will significantly impair or interfere with the conservation values or interests of the property. To achieve these purposes, the following conditions and restrictions are set forth: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, his personal representatives, heirs, 'successors and assigns, lessees, agents and licensees. ARTICLE II. RIGHTS OF GRANTEE To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this easement: A. To preserve and protect the conservation values of the Property; . B. To enter upon the Property at reasonable times in order to monitor compliance with' and otherwise enforce the terms of this Easement in accordance with Article V; provided that, except in cases where Grantee determines that immediate entry is required to prevent, terminate, or mitigate a violation of this Easement, such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not in any case unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and C. To prevent any activity on or use of the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or 2 ~ ' Book 01084:0725 Augusta - Richmond County 2006048561 10/19/2006 10:53:36.02 features of the Property that may be damaged by any inconsistent activity or use, pursuant to remedies set forth in Article V. ARTICLE III. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purposes of this Conservation Easement is prohibited. Development that would significantly impair or interfere with the conservation values of the Property is prohibited. A. Restrictions on the Property. The following activities and uses are expressly prohibited. . 1. Industrial Use. Industrial activities are prohibited. 2. Signage. Display of billboards, signs or advertisements is prohibited on or over the Property, except the posting of no trespassing signs, signs identifying the Grantee and/or the conservation values of the Property and/or identifying the Grantor as owner of the Property. 3. Construction, Residential and Institutional Use. Construction, Residential and Institutional Use is prohibited. 4. Dumping. Disposal of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or other materials on the property is prohibited. 5. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock peat, minerals or other materials; and no change in the topography of the land in any manner except incidental to the construction allowed herein. 6. Water Quality and Drainage Patterns. There shall be no pollution, alteration, depletion or extraction of surface water, natural water courses, subsurface water or any other water bodies except for the withdrawal of well water. B. Additional Restrictions On the Property. The Property shall be maintained in its natural, scenic and open condition. 1. Industrial, Commercial and Agricultural Use. Industrial and commercial activities, including but not limited to commercial agricultural and horticultural use and livestock production, are prohibited. 2. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural, scenic, and aesthetic features is prohibited. 3. Building, Road, Fence and Path Construction. The construction of buildings, fences and roads are prohibited except for the construction of firebreaks and fire roads 3 Book 01084:0726 Augusta - Richmond County 2006048561 10/19/2006 10:53:36.02 built by the Georgia Forestry Commission or the U.S. Forest Service in an emergency situation. Dirt foot paths may be constructed for hiking purposes. 4. Silvicultural, Agricultural and Horticultural Use. Silvicultural, agricultural and horticultural use is prohibited except Grantor may harvest timber which is dead or dying for use as firewood. ARTICLE IV. RESERVED RIGHTS A. Right to Engage in Uses Not Prohibited. Grantor reserves to himself, and to his personal representatives, heirs, successors, and assigns, all rights accruing from his ownership of the Property, including the right to engage in, or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purposes of this Easement. B. Right to Construct Public Utilities. Grantor reserves the right to construct public utilities as necessary on the Property. ARTICLE V. GRANTEE'S REMEDIES A. Notice of Violation; Corrective Action. If Grantee determines that a violation of the terms of this Easement has occurred or is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Property so injured to its prior condition in accordance with a plan approved by Grantee. B. Injunctive Relief. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the thirty (30) day period, or fails to continue diligently to cure such violation within the thirty (30) day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, and to require the restoration of the Property to the condition that existed prior to any such injury. . C. Damages. Grantee shall be entitled to recover damages for violation of the terms of this Easement or injury to any conservation values protected by this Easement, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values. Without limiting Grantor's liability therefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. D. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to 4 Book 01084:0727 Augusta - Richmond County 2006048561 10/19/2006 10:53:36.02 the conservation values of the Property, Grantee may pursue its remedies under this Article without prior notice to Grantors or without waiting for the period provided for cure to expire. E. Scope of Relief. Grantee's rights under this Article apply equally in tlle event of either actual or threatened violations of the terms of this Easement. Grantor agrees that Grantee's remedies at law for any violation ofthe terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in paragraph 5.B, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this Article shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. F. Costs of Enforcement. All reasonable costs incurred by Grantee in. enforcing the terms of this Easement against Grantor, including, without limitation, costs and expenses of suit and reasonable attorneys' fees, and any costs of restoration necessitated by Grantor's violation of the tenns of this Easement shall be borne by Grantor; provided, however, that if Gnmtor ultimately prevails in a judicial enforcement action each party shall bear its own costs. G. Forbearance. Forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such terni or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waIver. H. Waiver of Certain Defenses. Grantor hereby waives any defense of laches, estoppel, or prescription. I. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action, taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the property resulting from such causes. ARTICLE VI. PUBLIC ACCESS The granting of this Conservation Easement does not convey to the public the right to enter the Property for any purpose whatsoever. 5 Book 01084:0728 Augusta - Richmond County 2006048561 10/19/2006 10:53:36.02 ARTICLE VII. EXHIBITS, DOCUMENTATION AND TITLE A. Legal Description. Exhibit A, Legal Description of the Property, and Exhibit B, Survey 'of the Property, are attached hereto and made a part hereof by reference. B. Easement Documentation Report. The parties acknowledge that the Application for GWTH FY05 Funds dated April 27, 2005, a copy of which is on file at the office of the Grantee, accurately establishes the uses, structures, conservation values and condition of the Property as of the date hereof. C. Title. The Grantors covenant and represent that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Conservation Easement; that the Property is free and clear of any and all encumbrances; and Grantor covenants that the Grantee shall have the use of and enjoyment of all of the benefits derived from and arising out of the aforesaid Conservation Easement. ARTICLE VIII. COSTS, LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE A. Costs, Legal Requirements, and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations, and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. B. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. C. Representations and Warranties. Grantor represents and warrants that, after reasonable investigation and to the best of his knowledge: 1. No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way hannful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the property; 6 Book 01084:0729 Augusta - Richmond County 2006048561 10/19/2006 10:53:36.02 2. There are not now any underground storage tanles located on the Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Property in a rrianner not in compliance with applicable federal, state, and local laws, regulations, and requirements; 3. Grantor and the Property are in compliance with all federal, state and local laws, regulations, and requirements applicable to the Property and its use; 4. There is no pending or threatened litigation in any way affecting, involving, or relating to the Property; and 5. No civil or criminal proceedings or investigations have been instigated at any time, or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use, nor do there exist any facts or circumstances that Grantor might reasonably expect to form the basis for any such proceedings, investigations, notices, claims, demands, or orders. ' D. Remediation. If, at any time, there occUrs, or has occurred, a release in, on, or about the Property of any substance now or hereafter defined, listed~ or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by Grantee, in which case Grantee shall be responsible therefor. E. Control. Nothing in this Easement shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in Grantee to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Enviromnental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), and Georgia's hazardous waste statutes. F. Hold Harmless. Grantor hereby releases and agrees to hold harmless, indemnify, and defend Grantee and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments, or administrative actions, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified 7 Book 01084:0730 Augusta - Richmond County 2006048561 10/19/2006 10:53:36.02 Parties; (2) the violation or alleged violation of, or other failure to comply with, any state, federal or local law, regulation, or requirement, including, without limitation, CERCLA and state hazardous waste statutes, by any person other than any of the Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release in, on, from, or about the Property, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties; and (4) the obligations," covenants, representations, and warranties of paragraphs 7.A. through 7.E. ARTICLE IX. EXTINGUISHMENT AND CONDEMNATION A. Extinguishment. If circumstances' arise in the future that render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. The amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be the stipulated fair market value of the Easement, or proportionate part thereof, as determined in accordance with paragraph 8.B. B. Valuation. This Easement constitutes a real property interest immediately vested in Grantee, which, for the purposes of paragraph 8.A., the parties stipulate to have a fair market value determined by multiplying (1) the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by (2) the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement at the time of this grant to the value of the Property. C. Condemnation. If all or any part of the Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, sa as to terminate this Easement, in whole or in part, Grantor and Grantee shall act jointly to recover the full value of the interests in the Property subject to the taking or in lieu of purchase and all direct or incidental damages resulting therefrom. All expenses reasonably incurred by Grantor and Grantee in connect~on with the taking or in lieu of purchase shall be paid out of the amount recovered. Grantee's share of the balance of the amount recovered shall be determined by multiplying that balance by the equation set forth in paragraph 8.B. D. Application of Proceeds. Grantee shall use any proceeds received under the circumstances described in this Article in a manner consistent with its conservation purposes, which are exemplified by this grant. ' 8 Book 01084:0731 Augusta - Richmond County 2006048561 10/19/2006 10:53:36.02 ARTICLE X. ASSIGNMENT This Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization that is a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code (or any succ~ssor provision then applicable), and authorized to acquire arid hold conservation easements lmder.Georgia's Uniform Conservation Easement Act (or any successor provision then applicable) or the laws of the United States. As a condition of such transfer, Grantee, shall require that the conservation purpose that this grant is intended to advance continue to be carried out. Grantee agrees to give written notice to Grantor of an assignment at least twenty (20) days prior to the date of such assigmllent. The failure of Grantee to give such notice shall not affect the validity of such assignment nor shall it impair the validity of this Easement or limit its enforceability in any way. ARTICLE XI. SUBSEQUENT TRANSFERS AND ZONING APPLICATIONS A. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement by reference in any deed or other legal instrument by which he divests himself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. B. Notice of Zoning Applications and Building Permits. Grantor, for himself, his heirs, successors and assigns, further agrees to notify Grantee in writing of any request to obtain a building permit or to amend the zoning of the property at least twenty (20) days prior to the filing of such a request with the appropriate Richmond County agencies. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. ARTICLE XII. RECORDATION Grantee shall record this instrument in timely fashion in the official records of Richmond, Georgia, and may re-record it at any time as may be required to preserve its rights in this Easement. ARTICLE XIII. GENERAL PROVISIONS A. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the state of Georgia. B. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of the Uniform Conservation Easement Act. If any provision in this instrument is found to be 9 '. " . Book 01084:0732 Augusta - Richmond County 2006048561 10/19/2006 10:53:36.02 ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of tills Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. D. Entire Agreement. This instrument sets forth the entire agreement ofthe parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements reiating to the Easement, all of which are merged herein. E. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. F. Joint Obligation. The obligations imposed by this Easement upon Grantor and his heirs, successors and assigns, shall be joint and several. G. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. The terms "Grantor" and "Grantee," wherever used herein, and any pronouns used in place thereof, shall include, respectively, the above-named Grantor and his personal representatives, heirs, successors, and assigns, and the above-named Grantee and its successors and assigns. H. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. I. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. J. Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties, each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. TO HAVE AND TO HOLD unto the Central Savannah Rivet Land Tmst, Inc., its successors and assigns, forever. The covenants agreed to and the terms, conditions, 10 " ._1 ".. Book 01084:0733 Augusta - Richmond County 2006048561 10/19/2006 10:53:36.02 restrictions and purposes imposed as aforesaid shall be binding upon Grantor, his personal representatives, heirs, successors and assigns, and shall continue as a servitude running in perpetuity with the Property. IN WITNESS WHEREOF, the parties hereto have set their hands and seals and caused these presents to be executed in their respective names by authority duly given, and their corporate seal affixed, the day and year above written. TO BE EFFECTIVE upon the date of recordation in the official records of Richmond County, Georgia. GRANTOR: ~ Witnesses: Witnesses: AUGUSTA, GEORGIA By: cJLfxf Y David S. Copenhav Its:~a~~ Attest: ~ Lena Bbnner Its: Clerk CENTRAL SAVANNAH RIVER LAND TRUST, INC. By: Christopher Hitchcoc Its: CHAIRMAN OF BOARD 11 Book 01084:0734 Augusta - Richmond County 2006048561 10/19/2006 10:53:36.02 Exhibit A All that lot or parcel of land, with any improvements thereon, situate, lying and being in the 1660th and 1434th G.M.D. of Richmond County, Georgia, being more particularly described as follows: All that tract or parcel of land, situate, lying and being in the 1660th and 1434th G.M.D., in Richmond County, Georgia, and being shown and described on a plat of 134.961 Acres, prepared for Jake G. Howard and Sam Simowitz by Bobby G. Price dated January 1, 1978, and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Reel 87, pages 1639-1644; reference being made to said plat for a more accurate description as to the metes, bounds, courses, location and distances of the property. Less and except the following tracts of land: All that tract or parcel of land, situate, lying and being in the 1660th G .M.D. of Richmond County, Georgia, and being shown as Parcel "D", 6.11 Acres, on a plat prepared for Louie Edgar Moore, Hope R. Moore, Ruby E. Larymore & Cecil C. Larymore by John M. Bailey, Professional Land Surveyor, dated August 22, 1988, and recorded in the Office of the Clerk of Superior Court for Richmond County, Georgia, in Realty Reel 294, pages 1194-1999; reference being made to said plat for a more accurate description as to the metes, bounds, courses, distances and location of the property. All that tract or parcel of land, with all improvements thereon, situate, lying and being in the 1660th G.M.D. of Richmond County, Georgia, Southeast of Windsor Spring Road and North of Willis-Foreman Road, containing 44.89 acres, and being shown and designated as Tract "A", on a plat prepared by Ayer, Graham & Associates, Inc., dated June 19, 1987, and revised June 23, 1987, which plat is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, on Realty Reel 269, pages 327-328, and to which plat is hereby made for a more complete and accurate description as to the metes, bounds, courses, distances and location of said property. Note: This 44.89 acres includes a tract of land shown on t~e plat prepared for Jake G. Howard and Sam Simowitz as "Windsor Lake, Inc., containing between 6 and 7 acres of land, and not being a portion 134.961 acres. All that tracts or parcels of land, with improvements thereon, situate, lying and being in Augusta, Georgia, Richmond County, Georgia, containing 64.89 acres and shown as Tract "A", Tract "B", and Tract "C" on a plat prepared by Southern Partners, Inc., and Thomas M. Graham, Jr., Georgia R.L.S. No. 1880, dated 11/18/1998, and recorded in Realty Reel 633, pages 710-719. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds, courses, distances and location of said property. Said property is conveyed subject to all easements and restrictions of record. Map and Parcel: 179-0-003-10-0 Filed in this office: Augusta - Richmond C 10/19/2006 10:53:36 o~unty Elaine C. Johnson . Clerk of Superior Court . ~ September 1, 2006 CLOSING STATEMENT Of property being purchased this ,date by Augusta, Georgia from Knox Foundation, a charitable trust, known as 26.071 acres, more or less, off Windsor Springs Road, for inclusion in the Augusta-Richmond County Community Conservation Land Use Program. SELLER STATEMENT Sales Price: Less: Earnest Money: Balance: $80,000.00 $ 0.00 $80,000.00 Reductions from Sales Price: Prorated Taxes: Georgia Transfer Tax: $ 211.00 $ 80.00 Balance Due Seller: $79,709.00 PURCHASER STATEMENT Sales Price: Less: Earnest Money: Balance: $80,000.00 $ 0.00 $80,000.00 , , Additions to Sales Price: Surveying Fee (POC): Title Insurance Premium (POC): Attorney fees (POC): $ $ $ 0.00 0.00 0.00 Balance Due From Purchaser: $80,000.00 NOTE: 1. Taxes for the year 2006 have been prorated, same to be paid by Purchaser. 2. Seller and Purchaser hereby acknowledge that each has read and approved the foregoing Closing Statement and agree that it accurately reflects the substance of the financial aspects of the transaction and the parties hereby approve and direct the Closing Attorney to disburse the proceeds and expense of the sale and purchase in accordance with this Closing Statement. No responsibility is assumed by the Closing Attorney for the accuracy of the figures obtained from others. Seller and his agent, in receiving the funds disbursed herein, release the Purchaser and the Closing Attorney from any claims ..~ against the funds disbursed herein and the assets which are the subject of this closing. Purchaser and Seller acknowledge that certain ancillary costs in the transfer shall be paid outside of closing. 3. This contract shall survive the Closing. KN~ION' a charitable trust By:. ~ Its: Trustee AUGU~TQ ~EORGlA By: L uM, {P- Its: Mayor 0) t~~ 'J l.......~...'-~. 1'~ ~ ~,.. t. ~ 'i;" 0' ~. . ~ Book 01084:0660 Augusta - Richmond County 200604855910/19/200610:53:36.00 $0.00 AGREEMENT 1111111111111111I111111111111111111111111111111111I111111111 2006048559 Augusta - Richmond County Return Tlt: ' @@{fiJw CONSERVATION LAND USE LETTER AGREEMENT BETWEEN U.S. ARMY CORPS OF ENGINEERS, SA V ANNAB DISTRICT, THE GEORGIA LAND TRUST SERVICE CENTER, THE CENTRAL SA V ANNAB RIVER LAND TRUST, AND AUGUSTA, GEORGIA ARTICLE 1. PURPOSE AND AUTHORITY This Letter Agreement ("Agreement") is entered into by and between the U.S. Army 'Corps of Engineers, Savannah" District, Savannah, Georgia ("Corps of Engineers"), The Georgia Land Trust Service Center ("GL TSC"), The Central Savannah River Land Trust ("CSRL T") and Augusta, Georgia for the purpose of establishing a mutual framework governing the agreement of the parties. The Corps of Engineers is charged with carrying out the permitting authority under Section 404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers & Harbors Act of 1899 (33 U.S.C. 403). (Also see 33 C.F.R. 320-330) Under its permitting authority, the Corps of Engineers may decide to perform what is known as "compensatory mitigation" in return for unavoidable impacts to waters of the United States, including wetlands, due to the activities of dredge and discharge of fill. One method of compensatory mitigation involves payment of fimds by holders of Section 404 or Section 10 permits, to the Georgia Land Trust Service Center, , Athens, Georgia. The Georgia Land Trust Service Center is a special project of the Georgia Environmental Policy Institute. It is a private non-profit environmental organization which has been determined to be exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code. The mission of the Service Center is to increase the capacity of land trusts to effectively and efficiently protect significant open space in Georgia for present and future generations. Funds approved through the Corps of Engineers permit process are placed in the Georgia Wetland Trust Fund ("GWTF"). A copy of the Agreement between the Corps of Engineers, Savannah District, and the GL TSC is attached hereto as Exhibit A and incorporated by reference. /' Book 01084:0661 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 't ~ The Central Savannah River Land Trust is a private non-profit organization which has been determined to be exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code with a central mission to promote the protection of one of our region's most valuable assets: our open land. The CSRLT's office is located in Augusta, Georgia. The CSRLT has assisted in the protection of over 2,300 acres of land in Augusta-Richmond, Columbia, and McDuffie Counties. The CSRL T focuses on strategic sites which are located near and around waterways, wetlands, and old-growth hardwood forests, and works to conserve these lands through private, corporate, and governmental partnerships. Currently the CSRLT maintains a contract with Augusta-Richmond County to manage the County's Greenspace Program. Through said contract, the CSRL T directs the purchase and conservation of lands with conservation values for the County's Program. It is the intent of the parties: (a) that funds from the Georgia Wetland Trust Fund paid to Augusta-Richmond County for the acquisition costs of the Property (as defined in Article II below) in the State of Georgia and to the CSRLT for the stewardship and monitoring costs of said Property; (b) that the County transfer a conservation easement encompassing the entirety of the acquired Property to the CSRL T in accordance with the terms and conditions of this Agreement; and (c) that the Property be protected in perpetuity for its conservation values. ARTICLE II. ACQUISITION OF LAND BY AUGUSTA, GEORGIA & THE CENTRAL SA V ANNAB RIVER LAND TRUST Upon written direction by the Corps of Engineers, the GLTSC will forward funds ,in the amount of $80,000 to Augusta, Georgia and $15,000 to the Central Savannah River Land Trust. The funds shall be made payable to the Augusta, Georgia Greenspace Program and the Central Savannah River Land Trust, respecti:vely, and shall be forwarded by certified check to the addresses listed in Article IX. Augusta, Georgia agrees to apply its portion of the funds from the Georgia.Wetland Trust Fund to acquisition expenses incurred with respect to a specific tract of land, said land being more particularly described in Exhibit B, the legal description, and incorporated by reference. The tract is referenced as the Knox Foundation tract and is defined for purposes of this Letter Agreement as the "Property." The Central Savannah River Land Trust agrees to apply its portion of the funds from the Georgia Wetland Trust Fund to stewardship and monitoring expenses incurred with respect to the same specific tract of land, said land being more particularly described in Exhibit B. Augusta, Georgia agrees to furnish the Corps of Engineers and the GL TSC with a letter stating that the funds forwarded by the GL TSC have been applied to the acquisition of the stated Property and that the Central Savannah River Land Trust has been granted a permanent conservation easement on the Property. ARTICLE III. SURVEY A plat of the Property dated January 1, 1978 is attached to this Letter Agreement as Exhibit "C" Book 01084:0662 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 , I 1 ~ The funds from the GWTF will apply toward the acquisition of the entire tract as referenced in Exhibit B. Specifically, funds from the GWTF will protect 2,000 linear feet of a perpetually flowing tributary ("Spirit Creek") to the Savannah River and approximately 16 acre/s of wetland. The location of Spirit Creek is shown on the map attached as Exhibit "C". There are currently no easements recorded on this property. ARTICLE N - PROPERTY IDENTIFIED AS CLEAN WATER ACT SECTION 404 MITIGATION PROPERTY AND DOCUMENTED AS SUCH It is further the intent of the Corps of Engineers that the Property be set aside as compensatory mitigation pursuant to compliance with the Clean Water Act, Section 404 and that these preserved creek, wetlands, and their buffers, not be utilized again as mitigation by any future Clean Water Act Section 404 permit applicant. Therefore, in any transfer of title of property containing the portion of Spirit Creek paid for by funds from the GWTF shall reference the Knox Foundation Tract as compensatory mitigation property pursuant to Section 404 of the Clean Water Act and shall reference this Agreement. ARTICLE V. SPECIFICATION OF ECOLOGICAL FUNCTIONS The values and ecological functions of the Property shall be set forth in an attachment to this Agreement, as Exhibit D, and shall be incorporated by reference. The Knox Foundation Tract consists of 26.071 +/- acres of heavily forested creek buffer lying along Spirit Creek, a Savannah River tributary, in southern Richmond County. The tract lies along both sides of the creek with just over 2,000 feet of creek frontage and is populated by mature hardwoods and pines. ' The creek is home to over twenty species of freshwater fish, as well as scores of reptiles, amphibians, invertebrates, and mammals such as beaver, river otter, and muskrat. Comprehensive lists of these species are included in this report. According to information provided by the oWner, the property has approximately $50,000 in timber value. This property meets with eight of the nine stated goals of the Georgia Community Greenspace Program: flood protection, erosion reduction,' wetlands protection, buffer protection, protection of water quality, scenic protection, recreational potential, and connection potential. Its thick, mature forest that buffers both sides of the creek provides a stable base to retain soil and absorb storm water runoff during the flood season, provides a healthy shelter for the area's 16 acres of wetlands,' and is an excellent water purifier. The under story of the property adjacent to Spirit Creek is dominated by invasive Chinese privet. The CSRL T will conduct an aggressive privet management plan for the tract for the initial and on-going removal of privet from the site. New subdivision development is occurring immediately adjacent to the subject property. Stormwater detention basins are constructed to discharge into the tract. The CSRL T will maintain a proactive advocacy with adjoining property owners to insure that non-invasive Book 01084:0663 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 , I .. stormwater management BMPs during construction and post-construction are maintained and will not adversely impact the functional attributes of the subject tract. In addition to the new residential neighborhood, the Spirit Creek property is located near an elementary and a middle school. Both the neighborhood association and the middle school have adopted the creek and plan to conduct outdoor educational programming and enjoy passive recreational activities such as hiking on site. The CSRL T will work with the elementary school to involve their students in similar programming and activities in the future. An additional 36.82 acres of permanently protected land held under easement by the Central Savannah River Land Trust (CSRL T) and designated as permanently protected Greenspace lies just a mile upstream from the Knox Foundation Tract. The potential to connect these tracts is high, as the land along the creek in between remains largely undeveloped. This undeveloped land also lies adjacent to the Diamond Lakes Recreational Facility, a much-used Augusta- Richmond County park facility, and could easily be incorporated into the facility's services with the addition of foot trails and educational signage. No improvements, easements or right-of-ways exist on this land. There will be no additional, impacts to the property, other than construction of simple, pervious walking paths, board walks and signage, which shall receive approval' prior to construction by the Corps of Engineers. This will be open to the public for passive recreational and educational use and will be used mainly for environmental education by the Spirit Creek Elementary SchooL It will be managed jointly by Augusta, Georgia and the CSRL T. Two entities, the Central Savannah River Land Trust and Augusta, Georgia, are interested in this tract's acquisition and preservation. The CSRLT, a non-profit organization, is contracted by Augusta, Georgia to administer their Greenspace Program. The parcel discussed m this letter of agreement will be purchased using GWTF funds by Augusta, Georgia and upon closing will be placed under permanent conservation easement in its entirety with the Land Trust and added to. the County's Greenspace inventory. Book 01084:0664 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 'I r .... Species List for Spirit Creek - South Richmond County, GA Fish: American Eel (Anguilla rostrata) Pirate perch (Aphredoderus sayanus) Creek chubsucker (Erimyzon oblongus) Spotted sucker (Minytrema melanops) Redbreast sunfish (Lepomis auritus) Warmouth (Lepomis gulosus) Bluegill (Lepomis macrochirus) Redear sunfish (Lepomis microlophus) Spotted sunfish (Lepomis punctatus) Largemouth bass (Micropterus salmoides) Black crappie (Pomoxis nigromaculatus) Golden shiner (Notemigonus crysoleucas) Yellowfm shiner (Notropis lutipinnis) Banded pygmy sunfish (Elassoma zonatum) Redfin pickerel (Esox americanus americanus) Tadpole madtom (Noturus gyrinus) Speckled madtom (Noturus leptacanthus) Swamp darter (Etheostoma fusiforme) Tessellated darter (Etheostoma olmstedi) Blackbanded darter (Percina nigrofasciata) Mosquitofish (Gambusia holbrooki) Mammals: Beaver (Castor canadensis) Muskrat (Ondatra zibethicus) River Otter (Lutra canadensis) Reptiles: Snapping Turtle (Chelydra serpentina) Eastern Mud Turtle (Kinosternon subrubrum subrubrum) Common Musk Turtle (Sternotherus odoratus) Yellow-bellied Slider (I'rachemys scripta scripta) Banded Water Snake (Nerodia fasciata fasciata) Brown Water Snake (Nerodia taxispilota) Black Swamp Snake (Seminatrix pygaoa) Eastern Mud Snake (Farancia abacura abacura) Cottonmouth / Water Moccasin (Agkistrodon piscivorus) Red-bellied Water Snake (Nerodia erythrogaster erythrogaster) American Alligator (Alligator mississippiensis) Amphibians: Bullfrog (Rana catesbeiana) Bronze Frog (Rana clamitans clamitans) Green Treefrog (Hyla cinerea) ,I ~ Cricket Frog (Acris sp.) Southern Leopard Frog (Rana utricuZaria) Spring Peeper (pseudacris crucifer crucifer) Eastern Narrowmouth Toad (Gastrophryne carolinensis) Spotted Salamander (Ambystoma maculatum) Marbled Salamander (Ambystoma opacum) Dwarf Waterdog (Necturus punctatus) Invertebrates: Planarian'(Dugesia sp.) Aquatic worm (Limnodrilus sp.) Leech (Hirudinea) Gilled Snail (Prosobranchia) Pouched Snail (Pulmonata) Clam (Bivalvia) Water Flea (Daphnia sp.) Cyclops (Cyclops sp.) Aquatic Sowbug (Caecidotea) Scud (Amphipoda) Crayfish (Procambarus sp.) Shrimp (Palaemonetes sp.) Six-spotted Fishing Spider (Dolomedes triton) Water Mites (Hydrachnellae) Mayflies: Flatheaded Mayflies (Heptageniidae) Small Squaregill Mayflies (Caenidae) Damselfly: ' Ebony Jewelwing (Calopteryx macuZata) Blue-tipped Dancer (Argia tibialis) Variable Dancer (Argia jumipennis) Fragile Forktail (Ischnura posita) Citrine Forktail (Ischnura hastata) Rambur's Forktail (Ischnura ramburii) Orange Bluet (Enallagma signatum) Dragonfly: Common Green Darner (Anax junius) Swamp Darner (Epiaescha heros) Lancet Clubtail (Gomphus exilis) Common Baskettail (Epitheca cynosura) Prince Baskettail (Epitheca priceps) Carolina Saddlebags (Tramea carolina) Wandering Glider (P antala flavescens) Eastern Amberwing (Perithemis tenera) Four-spotted Pennant (Brachymesia gravida) Halloween Pennant (Celithemis eponina) Painted Skimmer (Libellula semifasciata) Golden-winged Skimmer (Libellula auripennis) Common Whitetail (LibelluZa lydia) Book 01084:0665 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 " Widow Skimmer (Libellula luctuosa) Spangled Skimmer (Libellula cyanea) Slaty Skimmer (Libellula incesta) Great Blue Skimmer (Libellula vibrans) Blue Dasher (Pachydiplax longipennis) Eastern Pondhawk (Erythemis simplicicollis) Little Blue Dragonlet (Erythrodiplax miniscula) Roseate Skimmer (Orthemis ferruginea) Common Stonefly (Perlidae) Backswimmers (Notonectidae) Water Scorpion (Nepidae) Creeping Water Bugs (Naucoridae) Giant Water Bugs (Belostomatidae): Eastern Toe-biter (Benacus griseus) Water Boatmen (Corixidae) Water Striders (Gerridae): Common Water Strider (Gerris remigis) Alderflies (Sialis sp.) Fishfly (Chauliodinae) Dobsonfly (Corydalus sp.) Predaceous Diving Beetle (Dytiscidae) Whirligig Beetle (Gyrinus sp.) , Longtoed Water Beetle (Dryopidae) Riffie Beetle (Elmidae) Caddisflies: Common Netspinners (Hydropsychidae) Longhorned Case Maker (Leptoceridae) Freeliving Caddisflies (Rhyacophilidae) Crane Fly (Tipula sp:) Mosquitoes ( Culicidae) Biting Midges (Ceratopogonidae) Midges (Chironomidae) Bloodworm (Midge) (Chironomus attenuatus) Horse Flies and Deer Flies (Tabanidae) Rattai1ed ,Maggots (Ploridae) Book 01084:0666 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 Book 01084:0667 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 " ARTICLE VI - IMP ACTS OF JURISDICTIONAL WATERS OF THE UNITED STATES The GLTSC shall provide a list of those Clean Water Act permit numbers and/or enforcement violation file numbers, and/or those violations associated with Environmental Protection Agency penalty assessments that are relevant to the source of funds available for acquisition of this tract. That list shall be referenced as Exhibit E and shall be attached to this Letter Agreement. ARTICLE VII --TRANSFER OF CONSERVATION EASEMENT The parties acknowledge and agree that Augusta, Georgia intends to transfer a permanent conservation easement encompassing the entirety of the Property to the Central Savannah River Land Trust in the immediate future. ARTICLE VIII - OWNERSHIP AND MANAGEMENT Augusta, Georgia will retain long-term ownership of the Property and will contract with the Central Savannah River Land Trust to manage the land. The Central Savannah River Land Trust will maintain and enforce a conservation easement placed on the entirety of the Property, using funds allocated by the GL TSC for stewardship and monitoring. Any transfer of ownership of the property in the future shall not be allowed to affect the CSRL T' s management of the Property . ARTICLE IX - POINTS OF CONTACT The Point of Contact ("POC") and address for the U.S. Army Corps of Engineers is: Mirian Magwood, Chief, Regulatory Branch U.S. Army Corps ofEngmeers, Savannah District 1 00 West Oglethorpe Avenue Savannah, Georgia 31402-0889 (912-652-5768) The POC and address for the Central Savannah River Land Trust is: Hazel Langrall, Program Manager Central Savannah River Land Trust PO Box 148 Augusta, GA 30903 (706-312-5263) The POC and address for Augusta, Georgia is: David S. Copenhaver, Mayor Augusta-Richmond County 525 Telfair Street Augusta, GA 30901 (706-821-1831) Book 01084:0668 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 " I.., The POC for the Georgia Land Trust Service Center is: Hans Neuhauser, Executive Director Georgia Land Trust Service Center 380 Meigs St. Athens, Ga. 30601 (706-546-7507) ARTICLE X. OPEN COMMUNICATION AND COOPERATION The Corps of Engineers, the GA Land Trust Service Center, the Central Savannah River Land Trust and Augusta, Georgia all acknowledge that it is their desire to facilitate the process set forth in this agreement by open communication and cooperation. All parties agree to exercise their rights and obligations in good faith as contained in this agreement. If at any time any party has questions regarding the application of the funds to acquire the Knox Foundation tract for perpetual protection, the parties agree to make themselves available to resolve the issue in a timely fashion. ARTICLE XI. AMENDMENTS and TERMINATION This Agreement may be amended in writing by mutual consent. This Agreement may not be terminated by either party without ninety (90) days written notice of intent to terminate. Amendments or dissolution of this Letter Agreement shall provide for the future conservation protection of the property pursuant to the intent of this Letter Agreement. Although the U.S. Army Corps of Engineers is not authorized under the Clean Water Act, Section 404 to hold an interest in mitigation land either in fee or as a holder of an easement, it does have the authority pursuant to The Clean Water Act, Section 404, to enforce the protection of the waters of the United States, and their buffers, on this mitigation property site. Therefore, if the Agreement is terminated, the U.S. Army Corps of Engineers shall approve a new means for perpetual protection of the property. The statutory requirements for compensatory mitigation pursuant to Section 404 of the Clean Water Act (33 U.S.C.1344) shall be addressed within the context of any amendment or termination consideration by the parties. Should t4e property be condemned through the process of eminent domain, the assessed value of the property shall include the cost of replacement of the property with acquisition of another comparable site in the same watershed having the same conservation functions and values and the same environmental quality of the waters, streams, creeks, wetlands, aquatic habitat and vegetation as provided on the condemned property to assure that there is compliance with The Clean Water Act. The U.S, Army Corps of Engineers, Savannah District, shall be put on notice of any condemnation or adverse actions that would extinguish or reduce the conservation values associated with the property in order to allow the Corps to :file a motion to Book 01084:0669 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 intervene or to remove the action to the U:S. Federal District Court in order to assure that assessed proceeds reflect the amount of funds required to protect properties containing comparable waters' of the United States as required by the Clean Water Act. Book 01084:0670 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 SIGNATURES: Each signature should have the name and title printed under the signature line, provide for one witness, and a notary public should notarize the signature and provide the notary's seal. WitrwSS/~ ~ . NotaryPubli~ A J~ PM CG~. MyCommis;i'o~ ~ Date (Seal) Signatur~ANCY A. GILL Date: 5", /f} L1~ Notary Public. Chatham County, Ga~ My Commission Expires Apr. 3" ~ ~ Witness >(j~ ~~ Notary Public: ~ .~,; My Commissio~ Ex lIes: Date (Seal) SignatumRY PUBLIC, ATHENS-Cl},RKE COUNlY, GEORGIA MY COMMISSION EXPIRES FEBRUARY 18, ZXl8 Date: GEORGIA LAND TRUST SERVICE CENTER By: t-l-tlJM ~ Hans Neuhauser Executive Director t;;/A~b CENTRAL SA V ANNAB RIVER LAND TRUST By: ~~ rL~ Hazel Langrall Program Manager Date: ~ --2.~ - 0 lo Witness AUGE0t GEORG~ By: f"/ & David S. Copenh er, Mayor Augusta, Georgia Notary Public: My Cominission xpires: Date (Seal~'Srgnatu:f~':;;Wi,c;,iiti Gcunt;;, Gsorgla i"vj~ ;C~\1tTl~~'dosj{ln E~tp1r~G Dac. 3) 2001 ,.-,,' Date: cr !Z-7 (0(::; .. Exhibi t A Book 01084:0671 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 / GEORGIA WETLANDS TRUST FUND AGREEMENT BETWEEN THE GEORGIA LAND TRUST SERVICE CENTER AND THE U.S ARMY CORPS OF ENGINEERS SAVANNAH DISTRICT This is an agreement between the U.S. Army Corps of Engineers, Savannah District, (hereinafter "Corps") and the Georgia Land Trust Service Center, a special project of the Georgia Environmental Policy Institute (hereinafter "Service Center"). The purpose of this trust fund is to establish an additional mechanism'to compensate for wetland losses caused by Clean Water Act regulated activities in Georgia and to provide greater flexibility to Clean Water Act applicants. The Corps and the Service Center agree to follow the procedures set forth below. ' 1. Purpose . The purpose of this agreement is to create the Georgia Wetlands Trust Fund (hereinafter "GWTF") which will provide an additional wetlands compensation alternative for Section 404 Cl~an Water Act applicants. The goal of this fund is to provide applicants more flexibility'in their wetland mitigation requirp.ments and, to assure restoration and preservation of wetlands in Georgia by application of funds from the GWTF. 2. Au thori ty The Clean 'Water Act (33 U.S.C. ~1344) provides that Section 40~ is administered by the Se~retary of the Army. The Regulatory Branch of the U.S. Army Corps of Engineers is delegated the authority to carry out this administration. The Corps of Engineers Final Notice of Issuance, Reissuance and Modification of Nationwide Permits and Conditions, Federal Register, Volume 61, No. 241, Friday, December 13, 1996, provides that in permitting procedures involving mitigation, factors that may be considered by the Corps include "contributions to wetland trust funds" where such fees contribute to the restoration, creation, replacement, enhancement, or preservation of wetlands~ The use of this fund for compensatory mitigation may occur only after the relevant permi'tted acti vi ty has complied with Corps regulations and policy regarding wetlands avoidance and minimization. .The Georgia Environmental Policy Institute (hereinafter "GEPI") was incorporated in 1993 under the Georgia Ndn-Profit Corporation Code, Title 14 of O.C.G.A. GEPI has been determined 1 Book 01084:0672 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 / to be exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code. GEPI is governed by a Board of Directors and operates through its Executive Director and .staff. Funding comes primarily through donations, foundation. grants, fees for service and agency funding. Its mission is helping communi ties develop proactive ' strategies for a healthy environment through legal and technical assistance. GEPI enters into this agreement by a resolution passed by its Board of birectors_ 3. ~ssion of Georgia Land Trust Service Center Tile Service Center is a special project of the Georgia Environmental Policy Institute. It is a private non-profit environmental organizatlon which has been 'determined to be exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code. The mission of the Service Center is to increase the capacity of land trusts to effectively and efficieritly protect significant open space in Georgia for present and future generations. 4. .Qualification of Land Trusts There are numerous local, regional, multi-state and national land trusts directly protecting land in Georgia for its natural; recreational, scenic, historical or productive value. For purposes of this agreement, a qualified land trust is one that (1) has been determined to be exempt from federal income under section 501 (c) (3) of the Internal Revenue Code and; (2) includes in.its mission and/or statement of purpose the protection of wetlands; (3) agrees to participate in and accept funds for the. restoration, creation, replacement, enhancement or preservation of wetlands under the terms of this agreement; and (4) by ac~~on of the organization's board of trustees, agrees to adhere to the "S.tatement of Land Trust Standards and Practices" as published by the Land Trust Alliance, (5) agrees to provide a yearly accounting of funds forwarded to it from, the GWTF. The Service Center serves as a clearinghouse for land trusts in Georgia. The Service Center will determine which land trusts desire to participate in this agreement and keep files with qualifying documentation. The Service Center will coordinate all projects carried out by local land trusts or governmental groups ai a result of this agreement. 5. Program Operation In permit approval and minor enforcement cases, the Corps may determine that avoidance or minimization of wetland impacts . I 2 Book 01084:0673 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 / is impossible, impractical, or not in the best interest of the environment. In those cases, the Corps has determined that it is desirable to provide for an arrangement to allow off-site mitigation for the loss of wetland function and value occasioned by the issuance of such permit or the settlement of an enforcement action. Where the Corps makes such a finding, the Service Center, pursuant to the terms o.f this agreement, will act as a passive recipient of the mitigation resources which are required of the permittee by the Corps. The Service Center will play no role in the Corps decision to approve or deny a permit or the Corps decision as to whether mitigation is a necessary condition of any such permit or enforcement action. Where the Corps determines that mitigation in the form of payment of funds to the Service Center may. be made, and determines the acreage required as mitigation, the Corps will contact the Service Center regarding the acreage needed for mitigation and assign an action o~ permit number to each donation for the purposes of tracking. The Service Center will then determine the monetary amount needed from the applicant in order to purchase, manage and preserve the wetland acreage required by the Corps for mitigation. The Service Center will instruct the applicant to send the contribution by certified check. The Service Center will notify the applicant and the-Corps upon receipt of the donation in writing. The Service Center will inform person/s that they may not use the name of either the Service Center or the receiving land trust without specific written authorization. 6. Fiscal Accountability & Record Keeping The Service Center agrees to place all funds received pursuant to contributions made.in the mitigation process under Section 404 of the Clean Water Act, into an FDIC-insured bank account or instrument separate from other funds of its organization. Any reasonable costs associated with opening or maintaining the GWTF may be utilized from the funds in the account. GEPI shall provide the Corps with an annual audit of the Georgia Wetland Trust Fund applying generally accepted accounting principles. The accounting shall include direct and administrative costs applied to each project. The accounting will be based on a calendar year and provided to the Corps within ninety (90) days following the end of the calendar year. In addition to the annual accounting of the GWTF, the Service Center shall provide the Corps with a yearly report and accounting of funds forwarded from the GWTF to the various participating land trust groups and governmental entitles, for 3 Book 01084:0674 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 / the purpose of application to a specific project. For all projects the report shall contain a description of the proj~ct, the location of the site, information as to its significance, ownership of the land, the holder o~ any conservation easements, an accounting of funds, and any additional information as may inform the Corps as to the nature of specific wetland projects. 7. Advisory Committee The Service Center shall establish an advisory committee with respresentatives from the private land trusts and environmental agencies and from governmental organizations ,including the Corps, Environmental Protection Agency, National Marine Fisheries, U.S. Fish & Wildlife, and the Department of Natural Resources. This committee shall advise the Service Center on sites in Georgia recommended for wetland protection and re,storation. 8. Procedure For Selection The Service Center, in consultation with the Corps, shall establish a procedure for selection of wetland projects. It shall take into consideration the various geographical areas of the state, watersheds, tributaries, and any information which would iqentifycritical areas needing protection and restoration. It may consider proximity to parks, refuges and other protected lands as well as isolated areas. The Service Center shall establish a selection committee who shall select specific wetland projects. Upon selection of a project, the selection committee shall inform the Corps in writing of the property selected as a wetland project and shall p~uvidp. general information regarding the project. The Corps may veto any selection if it does not meet the general mitigation purpose of preservation, restoration, creation, replacement, or enhancement of wetlands. The Service Center shall make it possible for the Corps to visit sites selected. Upon selection of a specific wetland project, the Service Center may apply funds directly' from the GWTF to a project or may convey funds to a qualified land trust, or to a governmental natural resource management agency, who shall apply said funds to a specific project. Wherever possible, the -Service Center will seek to leverage funds with other' sources of funds that can be used to increase the preservation boundaries of the wetlands project. / 4 Book 01084:0675 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 9. Administrative Costs Associated With Preservation It is the intent of the partie~ to maximize the funds that can be applied directly to the purchase and/or preservation of valuable wetlands. The parties also agree that certain administrative costs are necessary-to accomplish this purpose. The parties agree that funds may be applied to (1) reasonable pre-acquisition expens'es so long as the expenses apply directly to the project purpose; (2) management and stewardship costs at a rate to be determined on a case-by~case basis and agreed to by the Corps, the Service Center and the recipient land trust or governmental entity; and (3) those costs of both the Service Center and the qualified land trust or governmental entity that are directly associated with the wetland,project overhead. Records shall be kept and utilized in the yearly accounting. Funds for administrative costs shall be as follows. The parties agree that with each contribution the following ratio applies, (1) 20% for the first $5,000 of any contribution, (2) 3% for the amount of the contribution ,over $5,060 up to $500,000, and 2% for the amount of any contribution above $500,000. Example One: Ifa $25,000 contribution was made, the administrative costs would not exceed, $1,000 ( 20% of the' first $5,000) plus $600 ( 3% of $20,000, the amount exceeding $5,000) for a total of $1,600. Example Two: If a $750,000 contribution was made, the administrative costs would not ex~eed, $1,000 (20% of the first $5,000.) plus $22,350 ( 3% of $455,000, the amount exceeding $5,000 but not over $500,000) plus $5,000 ( the amount over $500,000 which is $250,000 x 2%) for a total of $28,350. The Corps may modify the 'amount of funds utilized by the Service Center for administrative costs on a case-by-case basis after consulation with the Service Center, and after determining need to accomplish the wetlands project. 10. CORts Associated With Projects Involving Re~toration, Enhancement, Creation It is anticipated that the majority of wetland projects selected by the Service Center shall be preservation. However, a project, or a portion of a project, may from time to time involve restoration, enhancement or creation. In those instances, the Service Center shall obtain the Corps approval for application of 5 Book 01 084~0676 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 / funds for direct costs of the restoration, enhancement or creation, and where appropriate, the monitoring of work co~pleted to assess success of the project. Estimates may be obtained from contractors for purposes of aiding the Service Center in the determination of project costs. The Service Center may enter into such contracts as are required for preservation, restoration, enhancement or creation of wetlands. 11. Allocation of Funds The Service Center agrees to allocate funds to a specific identified project at such time as there are adequate funds to meet the costs of a wetland project. A project may be broken into phases for purposes of fund allocation. Records shall be retained on ,each project and shall be cross-referenced'with the Corps permit or action number. 12. Open Communication & Cooperation . Both the Corps and the Service Center acknowledge that it is their desire to facilitate the process set forth in this agreement by open communication and cooperation. Both parties ag~ee to exercise their rights and obligations in good faith as contained in this agreement. If at any time the Service Center has questions regarding the application of the funds or the selection >of a project, the Corps agrees to make itself available to resolve the issue in a timely fashion. 13. Amendments & Termination , This agreement may be amended in writing by either party or by'mutual consent. Amendments require the written approval by both the Corps and the Service Center. This agreement may be terminated by either party giving ninety (90) days written notice to the other party. Prior to termination, the Service Center shall provide an accounting of funds and shall complete payments on contracts for projects approved by th~ Corps and expenses incurred on behalf of the projects. Upon termination, should funds remain in the GWTF, the Corps shall direct that payment be made from that account to another non-profit land trust or governmental entity for the application of funds for the purpose intended. 6 tjOOK U1U~4:Uo77 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 / 14. Point.. of Contact The points of contact tor all written communications between the parties shall be: Nechelous Ogden Chief, Regulatory Branch U.S. Army Corps of Engineers 100 W. oglethorpe Ave P.O. Box 889 ' Savannah, GA 31402-0889 Hans Neuhauser Director ' Georgia Land Trust Service Center 389 Meigs St. Athens, Georgia 30601 15. Eff8ctive Date This MOU shall ~ecome effective when signed by both the Service Center and the Corps. Grant M. slItith Colonel, U.S. Army District Engineer ~~..--e- ~ SIGNATURE 7;;~/7r DATE Laurie Fowler Executive Director Georgia Environmental Policy oI~ =t,~ SIGNATURE Institute 7/3/ Cfi DATE Chairman, Board or Directors Georgia Environmental Policy Institute ~~ SIGNATURE 7/2 / '1~ ' DAE 7 Book 01084:0678 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 DEPARTMENT OF THE ARMY SAVANNAH DISTRICT; CORPS OF ENGINEERS P.O. BOX 889 SAVANNAH. GEORGIA 31402 REPLY TO ATTENTION OF: November 9, 1998 Regulatory Branch Mr. Hans Neuhauser, Director Georgia Land Trust Service Center 380 Meigs Street Athens, Georgia 30601 Dear Mr. Neuhauser: I refer to your letter of September 9, 1998, requesting an amendment to Section 6 of the Georgia Wetlands Trust Fund Agreement. Section 6 of the Agreement now reads: "The Service Lenter agrees to ,place all funds receive,l pursuant to contributions made in the mitigation process under Section 404 of the Clean Water Act, into an FDIC-insured bank account or instrument separate from other funds of its organization." The U.S.' Army Corps of Engineers, Savannah District, agrees to amend Section 6 of the Agreement to read: "The Service Center'agrees to place all funds received pursuant to contributions made in the mitigation process under Section 404 of the Clean Water Act, into an FDIC-insured bank account or an account collateralized by u.S. Government agency securities, and/or municipal bonds." The reason for this amendment is to provide underlying security for an account with funds that exceed the amount by FDIC. I am enclosing a duplicate copy of this letter. are in agreement, please sign both copies and return the duplicate copy to this office. insured If you Should you have any additional questions concerning this matter, or if I can be of further assistance, please feel free to contact Mr. David E. Crosby at (912) 652-5968. Sincerely, /-- IP=~ lfl' . J seph K Schmitt olonel, u.S. Army Commanding Enclosure , . ' -2- Book 01084:0679 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 The Georgia Land Trust Service Center hereby agrees to the above described modification to the Georgia Wetlands Trust Fund Agreement. -tftUM ~ Mr. Hans Neuhauser Director Georgia Land Trust Service Center tJ~ IS,19~B (Date) . ;I' l' ..... Book 01084:0680 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 " Exhibit B Return to: James T. Plunkett 701 Greene Street, Suite 104 Augusta, Georgia 30901 STATE OF GEORGIA COUNTY OF RICHMOND DEED OF CONSERVATION EASEMENT THIS CONSER VA TION EASEMENT (herein "Conservation Easement") is made this _ day of ,2006 by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, whose address is Richmond County Planning Commission, 525 Telfair Street, Augusta, Georgia 30901 (hereinafter lIGrantor"), and CENTRAL SAVANNAH RIVER LAND TRUST, INC., a Georgia nonprofit corporation, with an address of Post Office Box 148, Augusta, Georgia 30903 (hereinafter "Grantee"). RECITALS A. Grantee is a nonprofit corporation established for the purpose of promoting the preservation of environmentally valuable and sensitive lands, recreational lands, agricultural lands, lands of historic or cultural importance, and open space in the within the State of Georgia for charitable, scientific, educational and aesthetic purposes. B. Grantor owns in fee simple certain real property in Richmond County, Georgia, being 25.2 acres, more or less, and more particularly shown and described in Exhibit A attached hereto, hereinafter "Property." C. Grantor is willing to grant a perpetual Conservation Easement over the Property, thereby restiicting and limiting the use of the land and contiguous water areas of the Property, on the terms and conditions and for the purposes hereinafter set forth, and Grantee is willing to accept such Conservation Easement. D. Grantor and Grantee recognize the conservation value of the Property in its present state, being a forested creek buffer lying along Spirit Creek, a Savannah River tributary, in southern Richmond County, with over 2000 feet of creek frontage with mature pines and hardwoods. E. Grantee is a tax exempt public charity under Section 501(c)(3) and 509(a)(2) of the Internal Revenue Code, is authorized by the laws of the state of Georgia to accept, 1 "' '. Book 01084:0681 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 hold and administer conservation easements, possesses the authority to accept and is willing to accept this Conservation Easement under the terms and conditions hereinafter described, and is a "qualified organization" and an "eligible donee" within the meaning of Section 170(h)(3) of the Internal Revenue Code and regulations promulgated thereunder; NOW, THEREFORE, as an absolute gift, of no monetary consideration but in consideration of the mutual covenants, terms, conditions and' restrictions hereinafter set forth, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property more particularly described in Exhibit A together with the right to preserve and protect the conservation values of the Property. The purposes of tIns Conservation Easement are to preserve and protect the conservation values of the Property and to maintain permanently the dominant woodland, scenic, open, and natural character of the Property, including land and water resources; to protect plants and animals and plant and animal communities on or affected by the property's management; and to prevent any use of the Propeliy that will significantly impair or interfere with the conservation values or interests of the property. To achieve these purposes, the following conditions and restrictions are set forth: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, nms with the land and is enforceable by Grantee against Grantor, his personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. RIGHTS OF GRANTEE To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this easement: ' ' A. To preserve and protect the conservation values of the Property; B. To enter upon the Property at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement in accordance with Article V; provided that, except in cases where Grantee determines that immediate entry is required to prevent, terminate, or mitigate a violation ofthis Easement, such entry shall be upon prior reasonable notice to Grantor, and Grantee shall noUn any case unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and C. To prevent any activity on or use of the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or 2 DUUI\ U IUO"t.UUOL n.U~U;:)la - f'<lvllIIlVIIU ,",VUlllY 2006048559 10/19/2006 10:53:36.00 #, " -' features of the Property that may be damaged by any inconsistent activity or use, pursuant to remedies set forth in Article V. ARTICLE III. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purposes of this Conservation Easement is prohibited. Development that would significantly impair or interfere with the conservation values of the Property is prohibited. A. Restrictions on the Property. The following activities and uses are expressly prohibited. 1. Industrial Use. Industrial activities are prohibited. 2. Signage. Display of billboards, signs or advertisements is prohibited on or over the Property, except the posting of no trespassing signs, signs identifying the Grantee and/or the conservation values of the Property and/or identifying the Grantor as owner of the Property. 3. Construction, Residential and Institutional Use. Construction, Residential and Institutional Use is prohibited. 4. Dumping; Disposal of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or other materials on the property is prohibited. 5. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock peat, minerals or other materials; and no change in the topography of the land in any manner except incidental to the construction allowed herein. 6. Water Quality and Drainage Patterns. There shall be no pollution, alteration, depletion or extraction of surface water, natural water courses, subsurface water or any other water bodies except for the withdrawal of well water. B. Additional Restrictions On the Property. The Property shall be maintained in its natUral, scenic and open condition. 1. Industrial, Commercial and Agricultural Use. Industrial and commercial activities, including but not limited to commercial agricultural and horticultural use and livestock production, are prohibited. 2. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural, scenic, and aesthetic features is prohibited. 3. Building, Road, Fence and Path Construction. The construction of buildings, fences and roads are prohibited except for the construction of firebreaks and fire roads 3 ." " Book 01084:0683 Augusta - Richmono Lioumy 2006048559 10/19/2006 10:53:36.00 built by the Georgia Forestry Commission or the U.S. Forest Service in an emergency situation. Dirt foot paths may be constructed for hiking purposes. 4. Silvicultural, Agricultural and Horticultural Use. Silvicultural, agricultural and horticultural use is prohibited except Grantor may harvest timber which is dead or dying for use as firewood. ARTICLE IV. RESERVED RIGHTS A. Right to Engage in Uses Not Prohibited. Grantor reserves to himself, and to his personal representatives, heirs, successors, and assigns, all rights accruing from his ownership ofthe Property, including the right to engage in, or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purposes of this Easement. B. Right to Construct Public Utilities. Grantor reserves the right to constmct public utilities as necessary on the Property. ARTICLE V. GRANTEE'S REMEDIES A. Notice of Violation; Corrective Action. If Grantee determines that a violation of the terms of this Easement has occurred or is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, wh~re the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Property so injured to its prior condition in accordance with a plan approved by Grantee. B. Injunctive Relief. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the thirty (30) day period, or fails to continue diligently to cure such violation within the thirty (30) day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enj oin the violation, ex parte as necessary, by temporary or permanent injunction, and to require the restoration of the Property to the condition that existed prior to any such injury. C. Damages. Grantee shall be entitled to recover damages for violation of the terms of this Easement or injury to any conservation values protected by this Easement, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values. Without limiting Grantor's liability therefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. D. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to 4 Book 01084:0684 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 the conservation values of the Property, Grantee may pursue its remedies under this Artide without prior notice to Grantors or without waiting for the p~riod provided for cure to expire. Eo Scope of Relief. Grantee's rights under this Article apply equally in the event of ' either actual or threatened violations of the terms of this Easement. Grantor agrees that Grantee's remedies at law for any violation of the tenus of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in paragraph S.B, both prohibitive and mandatory, in addition to such other reliefto which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this Article shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. F. Costs of Enforcement. All reasonable costs incurred by Grantee in 'enforcing the terms of this Easement against Grantor, including, without limitation, costs and expenses of suit and reasonable attorneys' fees, and any costs of restoration necessitated by Grantor's violation of the tenns of this Easement shall be borne by Grantor; provided, however, that if Grantor ultimately prevails in a judicial enforcement action each party shall bear its own costs. G. Forbearance. Forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such tenn or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a WaIver. H. Waiver of Certain Defenses. Grantor hereby waives any defense of laches, estoppel, or prescription. I. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond GraIltor'S control, including, without limitation, fire, flood, storm, and earth movement, or from aI1Y prudent action, taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the property resulting from such causes. ARTICLE VI. PUBLIC ACCESS The granting of this Conservation Easement does not convey to the public the right to enter the Property for any purpose whatsoever. 5 Book 01084:0685 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 ARTICLE VII. EXHIBITS, DOCUMENTATION AND TITLE A. Legal Description. Exhibit A, Legal Description of the Property, and Exhibit B, Survey of the Property, are attached hereto and made a part hereof by reference. B. Easement Documentation Report. The' paliies acknowledge that the Application for GWTH FY05 Funds dated April 27, 2005, a copy of which is on file at the office of the Grantee, accurately establishes the uses, structures, conservation values and condition of the Property as of the date hereof. C. Title. The Grantors covenant and represent that the Gralltor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Conservation Easement; that the Property is free and clear of any and all encumbrances; and Grantor covenants thatthe Grantee shall have the use of and enjoyment of all of the benefits derived from and arising out of the aforesaid Conservation Easement. ARTICLE VIII. COSTS, LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE A. Costs, Legal Requirements, and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, alld maintenance of the Propeiiy. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations, and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. B. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a 'result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. C. Representations and Warranties. Grantor represents and warrants that, after reasonable investigation and to the best of his knowledge: 1. No substance defined, listed, or otherwise classified pursuant to any federal, state, 'or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harnlful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the property; 6 Book 01084:0686 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 " 2. There are not now any underground storage tanles located on the Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanles have been removed from the Property in a manner not in compliance with applicable federal, state, and local laws, regulations, and requirements; 3. Grantor and the Property are in compliance with all federal, state and local laws, regulations, and requirements applicable to the Property and its use; 4. There is no pending or threatened 'litigation in any way affecting, involving, or relating to the Property; and 5. No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use, nor do there exist any facts or circumstances that Grantor might reasonably expect to form the basis for any such proceedings, investigations, notices, claims, demands, or orders. D. Remediation. If, at any time, there occurs, or has occurred, a release in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps. necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by Grantee, in which case Grantee shall be responsible therefor. E. Control. Nothing in this Easement shall be constmed as giving rise, in the absence of a judicial decree, to any right or ability in Grantee to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), and Georgia's hazardous waste statutes. F. Hold Harmless. Grantor hereby releases and agrees to hold harmless, indemnify, and defend Grantee and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments, or administrative actions, including, without limitation, reasonable attomeys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified 7 Book 01084:0687 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 , . . , Parties; (2) the violation or alleged violation of, or other failure to comply with, any state, federal or local law, regulation, or requirement, including, without limitation, CERCLA and state hazardous waste statutes, by any person other than any of the Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release in, on, from, or about the Property, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties; mid (4) the obligations, covenants, representations, and warranties of paragraphs 7.A. through 7.E. ' ARTICLE IX. EXTINGUISHMENT AND CONDEMNATION A. Extinguishment. If circumstances arise in the future that render the purpose of this Easement impossible to accomplish, tIns Easement can only be tenninated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. The amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be the stipulated fair market value of the Easement, or proportionate part thereof, as determined in accordance with paragraph 8.B. B. Valuation. This Easement constitutes a real property interest immediately vested in Grantee, which, for the purposes of paragraph 8.A., the parties stipulate to have a fair market value detennined by multiplying (1) the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by (2) the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement at the time of this grant to the value of the Property. C. Condemnation. If all or any part of the Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor and Grantee shall act jointly to recover the full value of the interests in the Property subject to the taking or in lieu of purchase and all direct or incidental damages resulting therefrom. All expenses reasonably incurred by Grantor and Grantee in connection with the taking or in lieu of purchase shall be paid out of the amount recovered. Grantee's share of the balance of the amount recovered shall be detennined by multiplying that balance by the equation set forth in paragraph 8.B. D. Application of Proceeds. Grantee shall use any proceeds received under the circumstances described in this Article in a manner consistent with its conservation purposes, which are exemplified by this grant. 8 Book 01084:0688 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 ~ . ARTICLE X. ASSIGNMENT This Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization thatis a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code (or any successor provision then applicable), and authorized to acquire arid hold conservation easements under Georgia's Uniform Conservation Easement Act (or any successor provision then applicable) or the laws of the United States. As a condition of such transfer, Grantee, shall require that the conservation purpose that this grant is intended to advance continue to be carried out. Grantee agrees to give written notice to Grantor of an assignment at least twenty (20) days prior to the date of such assigmllent. The failure of Grantee to give such notice shall not affect the validity of such assignment nor shall it impair the validity of this Easement or limit its enforceability in any way. ARTICLE XI. SUBSEQUENT TRANSFERS AND ZONING APPLICATIONS A. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement by reference in any deed or other legal instrument by which he divests himself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. B. Notice of Zoning Applications and Building Permits. Grantor, for himself, his heirs, successors and assigns, further agrees to notify Grantee in writing of any request to obtain a building permit or to amend the zoning of the property at least twenty (20) days prior to the filing of such a request with the appropriate Richmond County agencies. The failure of Grantor to perform any act required by this paragraph shall " not impair the validity of this Easement or limit its enforceability in any way. ARTICLE XII. RECORDATION Grantee shall record this instrument in timely fashion in the official records of Richmond, Georgia, and may re-record it at any time as may be required to preserve its rights in this Easement.' ARTICLE XIII. GENERAL PROVISIONS A. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the state of Georgia. B. Liberal Construction. Any general rule of construction' to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easelnent and the policy and purpose of the Uniform Conservation Easement Act. If any provision in this instrument is found to be 9 I?ook 01084:0689 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 , -, . " ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. D. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to tl1e Easement, all of which are merged herein. E. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. F. Joint Obligation. The obligations imposed by this Easement upon Grantor and his heirs, successors and assigns, shall be joint and several. G. Successors. The covenants, tenns, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. The terms "Grantor" and "Grantee," wherever used herein, and any pronouns used in place thereof, shall include, respectively, the above-named Grantor and his personal representatives, heirs, successors, and assigns, and the above-named Grantee and its successors and assigns. H. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. I. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. J. Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by botl1 parties, each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. TO HAVE AND TO HOLD unto the Central Savannal1 River Land Trust, Inc., its successors and assigns, forever. The covenants agreed to and the terms, conditions, 10 Book 01084:0690 Augusta- Richmond County 2006048559 10/19/2006 10:53:36.00 . ' restrictions and purposes imposed as aforesaid shall be binding upon Grantor, his personal representatives, heirs, successors and assigns, and shall continue as a servitude running in perpetuity with the Property. IN WITNESS WHEREOF, theparties hereto have set their hands and seals and caused these presents to be executed in their respective names by authority duly given, and their corporate seal affixed, the day and year above written. TO BE EFFECTIVE upon the date of recordation in the official records of Richmond County, Georgia. GRANTOR: AUGUSTA, GEORGIA A"~ By: cJ} ~4 (/ t>J\ David S. CopenhaveV Its: MaYDA; /},~ Attest:~#Jt11/{/ Lena ~nner Its: Clerk Witnesses: ~61~ Notary ~{blic Notary Public, Columbia County. Georgia My Commission Expires Aug. 1,2006 GRANTEE: CENTRAL SAVANNAH RIVER LAND TRUST, INC. By: Christopher Hitchcoc Its: CHAIRMAN OF BOARD Witnesses: ~-;0 7JOAI~, i) Notary eoolic Notary Public, Columbia County, Georgia M~Commission Expires July 2.7, 2010 11 , " Book 01084:0691 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 . . Exhibit A All that lot or parcel of land, with any improvements thereon, situate, lying and being in the 1660th and 1434th G.M.D. of Richmond County, Georgia, being more particularly described as follows: All that tract or parcel ofland, situate, lying and being in the 1660th and 1434th G.M.D., in Richmond County, Georgia, and being shown and described on a plat of 134.961 Acres, prepared for Jake G. Howard and Sam Simowitz by Bobby G. Price dated January 1, 1978, and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Reel 87, pages 1639-1644; reference. being made to said plat for a more accurate description as to the metes, bounds, courses, location and distances of the property. Less and except the following tracts of land: All that tract or parcel ofland, situate, lying and being in the 1660th G.M.D. of Richmond County, Georgia, and being shown as Parcel "D", 6.11 Acres, on a plat prepared for Louie Edgar Moore, Hope R. Moore, Ruby E. Larymore & Cecil C. Larymore by John M. Bailey, Professional Land Surveyor, dated August 22, 1988, and recorded in the Office of the Clerk of Superior Court for Richmond County, Georgia, in Realty Ree1294, pages 1194-1999; reference being made to said plat for a more accurate description as to the metes, bounds, courses, distances and location of the property. All that tract or parcel of land, with all improvements thereon, situate, lying and being in the 1660tl1 G.M.D. of Richmond County, Georgia, Southeast of Windsor Spring Road and North of Willis-Foreman Road, containing 44.89 acres, and being shown and designated as Tract "A", on a plat prepared by Ayer, Graham & Associates, Inc., dated June 19, 1987, and revised June 23, 1987, which plat is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, on Realty Reel 269, pages 327-328, and to which plat is hereby made for a more complete and accurate description as to the metes, bounds, courses, distances and location of said property. Note: This 44.89 acres includes a tract of land shown on the plat preparedfor Jake G. Howard and Sam Simowitz as "Windsor Lake, Inc., containing betvveen 6 and 7 acres of land, and not being a portion 134.961 acres. All that tracts or parcels of land, with improvements thereon, situate, lying and being in Augusta, Georgia, Richmond County, Georgia, containing 64.89 acres and shown as Tract "A", Tract "B", and Tract "C" on a plat prepared by Southern Partners, Inc., and Thomas M. Grahani, Jr., Georgia R.L.S. No. 1880, dated 11/18/1998, and recorded in Realty Reel 633, pages 710-719. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds, courses, distances and location of said property. Said property is conveyed subject to all easements and restrictions of record. Map and Parcel: 179-0-003-10-0 , . EK.h \0,--t C Book 01084:0692 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 . ' , . . KNOX FOUNDATION LEGAL DESCRIPTION OF 26.071 ACRES, MORE OR LESS, OFF~SORSPRINGSROAD All that lot or parcel of land, with any improvements thereon, situate, lying and being in the 1660th and 1434th G.M.D. of Richmond County, Georgia, being more particularly described as follows: AIl that tract or parcel ofland, situate, lying and being in the 1660lh and1434th G.M.D., in Richmond County, Georgia, and being shown and described on a plat of 134.961 Acres, prepared for Jake G. Howard and Sam Simowitz by Bobby G. Price dated January 1, 1978, and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Reel 87, pages 1639-1344; reference being made to said plat for a more accurate description as to the metes, bounds, Courses, location and distances of the property. Less and except the following tracts of land: All that tract or parcel of land, situate, lying and being in the 1660th G ~M.D of Richmond County, Georgia, and being shown as Parcel ''D'', 6,11 Acres, on a plat prepared for Louie Edgar Moore, Hope R. Moore, Ruby E. Larymore & Cecil C. Larymore by John M. Bailey, Professional Land Surveyor, dated August 22, 1988, and recorded in the Office of the Clerk of Superior CoUrt for Richmond county, Georgia, in Realty Reel 294, pages 1194-1999; reference being made to said plat for a more accurate description as to the metes, bounds, courses, distances and location of the property. ' AIl that tract or parcel of land, with all improvements thereon, situate, lying and being in the 1660tb G.M.D. of Richmond County, Georgia, Southeast of Windsor Spring Road and North of Willis-Foreman Road, containing 44.89 acres, and being shown and designated as Tract "A", on a plat prepared by Ayer, Graham & Associates, Inc., dated June 19, 1987, and revised June 23, 1987, which plat is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, on Realty Reel 269, pages 327-328, and to which plat is hereby made for a more complete and accurate description as to the metes, bounds, courses, distances and location of said property. Note: This 44.89 acres includes a tract of land shown on the plat preparedfor Jake G. Howard and Sam Simowitz as "Windsor Lake, Inc., containing between 6 and 7 acres of land, and not being a portion 134.961 acres. All that tracts or parcels ofland, wit!1 improvements thereon, situate, lying and being in Augusta, Georgia, Richmond County, GeOr~a, containing 64.89 acres and shoWn as Tract "A", l~,if' Tract "B" and Tract "C" on a plat prepare<:fby Southern Partners, Inc., and Thomas M. Graham, Jr., Georgia R.L.S. No. 1880, dated 11/18/1998, andtecorded in Realty Ree1633, pages 710-719. Reference is hereby made to sa!P plat for a more complete and accurate description as to the metes, bounds, courses, distances and location of sajd property. ' Said property is conveyed subject to all easements and restrictions of record. I Book 01084:0693 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 .. . I Acreage Calculation SCHOOL PROPERTY NORDAHL PROPERTY L. E. MOORE PROPERTY 44.89 ACRES 64.89 ACRES 6.11 ACRES TOTAL LAND SOLD LESS THE "WINDSOR LAKE" PARCEL 115.89 ACRES 7 ACRES 108.89ACRES ORIGINAL TRACT 134.961 ACRES' LAND SOLD -108.89 ACRES LAND REMAINING 26.071 ACRES, MORE OR LESS This includes tract on creek and the 0.58 acre access tract not sold to Nordahl. FILED m PLAT CABmETA ' . tb -. &I4I?~ - o. ~4;J.'~" . i ~ 1 .~;'i' (: ':';~1.:.J..:1' . . .:\:i~Y:'~~~.t:::" - ~'. '..- ~';';n(~ - --= ':-:~!~~::"n;<;;;!Y:~"\",--;;"~55-;; ..It - ,- ,. .. 'J.l''jJ I'V';i~96.6 ':.i :<";~~~~:~'~~i...,. ';: GEORGIA Iii' FLORIDA RAILROAD ._e=:r~_~ ----...----- NO. 4 RBS ~ 4>0. t:lf ;to. ~i . ::e I 100. R/PN __0- ----- ____.l:-.__...~ '8S7.40' 1160.8' NORDAHL HOMES. INC. TRACT "fr --=::" IS.OD ACRES Book 01084:0694 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 NO. ., RBS N-#J75"6"E 471." I I j :; ~ l;i . N{?~~~fl ~fffff$~ INC. , 'TRA'C:1f, t!C~ . .. ...:. r ~-' .1. ", ..... ..:- , sa4~ Af;"Ffi · t ", 'J: ZONI/ifG jRi(::" : ~ " < ~~ \..~ (j ~ I i f" ,./ " has boon colculoled for closure ,e 'occur<lt" within one foot in XI which Ihis mop or plot Is Ire precision of one f0.11 In an OI1gulcr error of L- nd wos odjtsled 'usrng ~SS 742.73' NO.4 , N4875'16 'E ~ 4>0. 1:.01>,) <OtoJ !O'l Cll",; , to.t <Q . ::e RICHMONC Gal}, , \ -:-; .,'t\ cI> ' 2~ PREPARED FOR: NORDAHL HOMES,IN 683 v.1-IEaER ROAD AUGUSTA GI\ 30909 PREPARED BY : SOUTHERN PARTNERS 1?':lCot At.II"..e.TA u_....... ,.,............~... . " , Cl,llTent Tax Map showing parcels 3.09 and 3.10 - total: 26..071 acres - targeted for acquisition , . '" ... ..~ w z-<rw ~ +,i "~ ~: ~.. J~i__Jl__- . January 1, 1978 - Bobb . _ , ' Y G. Pnce Plat (Real _u ...._____ ty Reel 87, pg. 1639-1644) 1Il'~T 134.961 acres . : .... .....~~. ,- -, -~." -,-_... , . . ~....,~ w...~...~..._ . - . M;fl'l" .It ..._<-__._w.~~'::l..~......~~t::;;:~:<.; ~REAi. !y RE"! 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Book 01084:0697 A 2006048559 1 ougusta - Richm ~W~.Ii _~ /19/2006 ~n~county ~ _ _ _, .0.53:36.00 =-=l , ;.\;?~r:-' ::'~',:~;~lli!~:}lij~t~~~ .-~'.>..::~' , :I.' \,.. \'\" " :\~""..,;.,,""', \..' l \ 'c "~~~""'" ',',' .~....., ,,~ \' '~ , ~ \ " ' \t.,,~~ "\"', \ \~~ \... ~....;;, " .... '\Jl .,. \\ .~ ',0 , ". 'lS'! , .c> .. "", ~."O, 0 \, -; j>;\\~ \ ~ ~\\~, >\ ~ 00 \\~. \ -<~\ ,'~"',,~J \:\\~~,,'~ \~':I- ~'- \. ' ~- ,,_ ".' _"'f!_ ~~'f ~\ \.,~ ~, ~i \1'\ \\\ \:\ ~\ 3 Book 01084:0698 Augusta - Richmond County I , 2006048559 10/19/2006 10:53:36.00 1 , '" "'lcii:~ft;;)~.r.i1.ri~HtcfiltPi9tr;[Yl;:'.~IO~:; ,;~ /:~~'o ~~TTtO"l'J6~~";;;;:;;~;;~;;,-~ ..,~;' ~.~_.,,~'~ ~~~~:;~';~" I 1641 . I 1::, . j , I li Ii -,: . ~ II II... "f II il II rl 1'1 II 11 '11 1!'-'4 II II "I f1 n r d~;KE :G.,HQVUUHJl$r. a SAM SU~O~i~Tl. :-';J/ ,_~i_.,:.~__..'_"-::r:.-':"~n~-_~'_~.. -: .::~ .-,._-_-..._.,_'._;:--_~.~~_._-,:_'-,.,..-. .....,,>, LT ~......~.. ~l_,~ '" mEAL1Y.. , !. "EJ2EL' y " ,;:Nq_..~,p.?j ..l.,iQCA1rEblW 4..34 a f$ffO~ Ai ,.n, 'lllCHM'OfiQ ~,Hz~\,:,!; ) ".., ll'. .}J>c,' 'COVMTY , 'G~?ifH:H:4 ~ .J~il.t'~~.'l" ,~$''71?i .; "I., ~ ;e," ~,. ::>.1 '[-"!"...... ,-:.~. ';" -, ':t'~;f.' s" {, t~.~~H' \~ \-.. ~':!1. ~:io ;o.~~ "'v ~," ,,'\J..;::"lol'S~- \~ _ R 'P' \~ , --;il~-1:=- ~ ~ ~~l~ \ r .,.:_ ~60~"--e. \ ~ \ ~ , tl :t\~ ~\.~ ~1r: r- \ r-- ;, ~ ~ "'" 5 ~ !1"' I 1 II Ii Ii Ii !!"') ~~ i; H II is . itl +:11 LJI I Nr::J'lr['13i~~t:~,~,t!iVj"; ;IT '_fr"rVj-tl<l'T~lP'Ift ,": ' ::'~~'i';"-' ,i:::l:~ REAl. TV REEl,. NO. ,~Z~ ., I .. ~~ ',- J Q 'C i,". :' SJ ':: ~II ':. sta - Richmond co~nty 00 " '':'~:_::-"_----- "":0"",, Ch<- _'. ~~~~.b~~~;~ ~~/~ 9/2006,. 1 o:~~, .:-],g o[ ~ _ _~. ,'t' ;;~-,o.:<~- 1.1: Ct< 0 I. ',\", \; '_." acO . .., $I . - -- ..", I ~o."R · ,,",M" :. ~ WI .. on i',,'=. "',~ I" ':, -----.;;... ~ . ~ . .. t itd l." _, ' ~ jfl1;. _ ! _ .., "- ,-,- , \" 'II ~. . ."...SOR ~ .1':' ~ ". \L ~~~- I ~r' .." 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ARE'Atl:39 ,.:!1d)3 ACRE!; ftJ.~'<<TW"4 ,:5 2:< ---"'..,.........,..~._~-""---._..,.._~--...........- N(.1' AREA" ~ ~,.;.'!SS ~ ,..nCRE5 ~ 4llio~': , -. ,.- " '~.!l .~ "..t'-i'~ili6;W GEO~vll\ a .F",yS~~~ n"f\~" .-.-^__.~ ..... ~;::"--""',,,,~, ". 4'-'. '_ ',..~-':<,: . ",--.1'"'.-.- t-........~\> n. ~M'; .~~~~~~. : .~-~-_...~~--..~ I ~:;";'":O..k'>"'-'\"';'<-"_Y._ 1 ".':;:: 'f:~' 1......:.,r,...'j.!o,..'l.\ '; "": ',II\"I';o_IT' "J' ~j....,'~. . ';II. "''''4.,I~.l".'. t{ .......l/ ~ ,,',.. ..".(,.:,...... ,~ .:~) l~t,'..,~: '\-;>" r,:::; I:"' ~i', I ,..~l\.~. It ~J,~ "';'I'I:{,' .'f,:"'- J.''.,(.:;'.' 1 ')~:~. ~" ',''': ~i1 t~. ;..-1, ':;':d,w. ~'\;..t !',I ~ .(:~' U 1~"\i;:~~J ~'lj~}! q;: 't~/\(r..:...~-~,~.l(.! ':'1'" r '. \~\lt '.l.;",./(,\(.n.... tr\~jr'f.'.~I'I~~"t..') ~" ,;:. ~~ )"'\~~; ~:f' h:.~";14~.I;ri~:7~..\I~ (,.'~hjf,!.".:,(t .... ,../... ~;' .,... '.,.-I~~_\r.'l....I~., "'~?o".... '"I.:.. ..' ,J: '.:~I.....J!lt.).:~I.!.~..:.1tll)'\~Irf";. ..' , :""l;A.L 'J'Y .. REf!L ~!"l9~ 87 -~' Book 01084:0701 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 1644 ..c 'b d '~ C',..A. ~ ~ --..........-----. ~f\ \, '~ ~,~'" ,~ i..\. \", ~,~ '\P ~"",' ~.,.,.,~.,.,.,13',:,1.1'."..,', ' . , .~ .'*~~\~ ' ' ... ..~~~~~ \ 7\ (\\'\.. \ , " h..,~...."..~\.. "\..,.f); .~:\ ,,~\ ~~ . '-~i \~n ""~""" . ''l. .\ \\ \\\ l~ )~\ ~\ r\ t\ -\t1 \..,', .=~~ \11 ,,1Z I,; ~! .t~ ~ ~:tlL,.~-' . "',....,.,~~ ...:~..~ <L~,:~""~ R"""" , ~"i;:;:":"'-~"'~" ..~ ...,.;:. .,....~;:;;..-;;:;;;II. 1 ._..~- ~~~ -' .. -' .l.~ T" ,~ . . .-," ~~:",,~,,--"'.''''':' ..;.,-(:..,~.;!:;-.."'''.,., "'''', -, .....~~>l...:~,~~~c~.:l. fJaim~' ,..'T '',I" ,';."...... ~->!,;~l~;:~f ii:.'; /' ,~ - ' ' ~ ,',~~~!f ,~ ~ ~~;1, ~~~ ~, -ro.. '~... ~ ---\'="'''''' \ - ! G t -- \ '~ \ .' ~, "'~:. ~~:.. . 'po :I< ~ "t- o -::: !-'f';, 1 \ \~~W ' ~,;~",..""..!.... _. -">- j~ . .....~. '4:;""'. iIol~ ~ .._m '"v I !;l I I I I Iii I D! i . I I Ii ,::8 ~ S!; E = jjjj -W I ~ = .~ ,. I I '" / "--'---~..,~~~=,- ',:.utl1~~".R!l=i.'~m;m~_~.!!,'ji~,~:!Wl:'f;',1a~~~!i($""'~~.~, ";~)t.,~' ,'"'i '~~""~'I:~,",mu~':~'~__ ~~~~1:l~Qm.lnl1tfl4i~'i.~~~~.Jr.J~~~:;&ii1~~1ft.B~~i-'~~lmc-J'~.?J::'<1~J'i.!!~~ i' August 22, 1988 - John M. Bailey Plat (Realty Reel 294, pg. 1194-1999) ~ ~ 6.11 acres Book 01084:0702 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 """l.. ";.-,-',;" lJ$'..I'..;,~.i'_'~~,'~,:',i;.;__,,~...,;.~,'.','~._~,:~.~.;,',"..', ' .' """',"';:> ~~.,." ,;:,,':,.:~,-'.r<.:;:;'..,.,:.,..,;:.;~: . . ~~:",,_""'" ~ !11~:it.,:: l~M;,:~;'J''(Y!:'f;;:':;'.;?~'~~~~E ~Jl~~1~l.:.,~t~~~;::.:::;;:~-" . _ ";:"-"-.<;"'0'.'.;"., ;"-:',:,~,-,:,:",,;,)-,~,'" ~.,i~,j~.'.,\~ '.:~.'( !.:';\....,i",::~.:_.~,~,i".~:....(;,;_~,:,~.~~,;,:.''.:,.":,';,."..,f.'~_,,..~:,.,:.'-~,',...,:.:',',.,:..'.'.'~.,..:..,~;:_~,',:,'.:,",,',',:.:,:,:..,.;;.:,:__:",:,.:,:::~,:.,:.',.~,~.',,~,:.:,:', -, ',. ~ '.;r~; ~;~J~ 1~: ~.t~, .~f~:r.i~t ~k ,A:',-" " '. 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"",B .'~ l.l4li'15'IG-r ~l~S7' : ~-' Book 01084:0712 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 ,I {'!~ ,~~~,fi-"f>-. ~ -, .'--:#1 j d.'-rl r~.;t {',. ..;{ f ~.,{ .::",!1 : , . .eif,". f,. ~ ~A '--~.AA. : , 'JI i~'.' '...';1, If! t,;ql 1/ .il r.i" I ! I ~tf II I 1-'; 1'1 ( ) nl . i,' 1'! i/j II .' -f .., , ;/(" , y-w.:.. ",( #~ ;r? ,:.... ..;1!J.- ,'Jf ~...-'" -r../ "...:;.- ... PL fJ! ' 11..'...~~.".. :/" :1: 1 i{' .'"'-- ' , 'i~, ...<t._' t' '\ -.~~ T:":,. ,_'~~:-4.~-~.:i~_~1!~~',f!~"8~~\~~~;f:-'~ct'-l_~~~.._~~.~:""t' ,L..:I:~.,,-.ro ' '1.,...~~..,4.. L" '.',....H,'O:-J~M j~ :!l..;,::t".;~{J , '!;-'WJ5'H '1/ L 'l;;'!ill~i~lIl!',w .3~I;Ifll'[lll-n;l/lIJ.) '1;:;~zrtl"(:101mID) ~'".,.". '':'';:n.~~~~i'j !LG'C'A TJ!.:J1N MAP ."", I I , '\ ----~ \\. \. '~~"-; ..~ /'/ . #.~~~4i'./""- -. .- ... ~ .. ","'" A.l ~,~if~~~~.C- ~: ~ '\ Ii .~f~~"~:'~ ..;." ~.. If;"'''' If.';L:\ '!'\:r .:' q .. ~ '~ n \I ~ v~' ./ / ..~. ~. _~ 'O~~. \. ......~ / ~<!":l""" ~ ~ ....../. / ';~';."-'!!.l, -::- -- "-- fi.- _ .- ,,/' ,~. 1~. - """'-...._.....~... ./ .,:'"l'!....., "."""6"'''' {~~~~ . "'...... \~O'..... ;.J.. Book 01084:0708 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 June 19, 1987 - Ayer, Graham & Assoc. Inc. Plat (Realty Reel 294, pg. 1194-1999) 44.89 acres ',',' -----, REEL 269 PAGE' 327 ,---'--- - ,-----...' '1 '... ''';i~;i;''j~n'';~~''';'''O'Of;'~' "'f""..nt.~,o~ of 'he';'.d pl...l1.dQ.lI hG', c... ptoWd on <on'Q'~'" w.t>>.,..; :,~,~-~ ""n>:..". on" .~":..."'#:., '"':'/n,~g49:~.. /~ 11, ! /,...~>j. .. .... r~~~~~~ . t t _.~J__.__- .._~_.- ,\' I! I '}:! i -,1 ) ') \ / - "-IF lH)W>\llt" ;; s'...c-"',: -- ~}..;.,. _, ,_~, Ii I I ~0Y Ii l~ I \ II I tj , j I I I ~j I i'l r: II \.; ..'; ".) ! ~: I f,-' ~ t: 111; l':~ II' 'f . J :; ':~ - ,. _. :iJ;: jfO~Anc "SI~WWiTZ ~.':~i~f:t~ .",lrTP " -':I:'I.~il'~!~ .';-=:-":. ~': ,y- ..t~ " - ,,'+l0'lil :;;":I'j);';11 "<;I\I~ 'j H:t I I I~ It 1'... Ii /.; TRACT "'A" -44;,9$:, A cr- , .. .' "'- ir1 o -~.1 ~~-;., '1,:~ ''9 f"'> ip.s J' t r~ .'-N ''''0- ;, CO 'r J ! _':~~t~t:~~{'~E.!{~f/~I~~l~j~~<~' Book 01084:0709 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 REEL 26." "'H'::C .." ;":"''1".~ ;/ j ; .~~ ,~, . ';Qlfl1 o :>!. .:"1 ~J il , i :1, :~ - - ,.. ...... ~ , 'f' It _..- '..: ~ .....- n;"~ : \ i \ \ ql I i \ \1\11.." f 'f 'I t II' . IIH I II \ ,I ", / ~\Il .. tlJtl ',Ir: If.~ 'I' ,/,:I;~~I:tt,1 " ",!,:,,~tlf~lr;' :1 ,:-~~..~.~~~~:~;;:~;1i~:;~~~ '~l" 'I ~ <,~t '.""','..'..-a1......"". ..'...+ ' ,-I ::""" ;...;.'~,;,~~!f.Ci;~.,<2 : ' '"ti 'i-.':! .~ ~1'::"W'-Z i I i N-7B"~3a',42.'" w. "'i:35Zzg", ' .:,",.,. -. .. . ' ". ..".... ,","'. " .- ~--lr Book 01084:0710 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 "'I'November 18, 1998 - Southern Partners Inc. et. aI. Plat (Realty Reel 633, pg. 710-719) -~l i 1 64.89 acres :1 I I =j ~ '.' :_-'c....r.. ...., .~'..-_-,;..___-.~ .' $a (;:;3 pr,CE i' H! :_I,;.--~~C-"' II ' ~r 1_.."J" .':'J:_... ".-::-: - .. ~................,........._ _~.d_ ....---- -.- '""":':~ -, .: I ~ .\ 1 ~i~. ~;~2h_ ",'Jt P- t.J; at ~3..:. ~.f... ~ 5'EO'R'Gil'A,~Fl~:oglf:7A, ~':f.AjJLROo~.O ii'",fJ:i''' ~. 'yo <'l!. 1:f:'.r . tr.:1t:~riS ~~~~ _-4t>___.p:.--.........._.,.,_.."::~,.....,.......-..t. $4,.~i'..--. ..' >-~~i.. ': Q~4.8:S AFFliES ZeiIofNJf;. "RIiC- -r1 .~If I ~,fr;,.~, ,. " .' ilf:~.;~~:i.e;..r.-:--.,,:l"~.-' ~ 1 I H Book 01084:0711 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 .~,~~twaZlJaSt.. In Iff" '; ,-'""1 ~ REa 6:53 priG!: 711 __...._...-';:~.~_. R1~"'~ ,; fEn i'.G I'~'. III 11 '.i \ . .t ,i t.;j(;:\ ~;.: iiJ~~ ~~;,&; NI ~h ~J;C'.i GEORG/AS FL,OR10ARA1LR(Ji4fJl~riVW 1l:~= _____ j 1.:'1 _t.:!o , '~_1.19 .. l18 :;:;, . 1.16 ~H'''!iii'5S-W= ~'"__''''''''' ' ';:h.':,----".."".-.......""~-~."".....-~;l~,.....<t-,.."'''--''''''::;'7:.;f ~:-,'-....",....,.=..,.....=,...."='~::;::__:"""'~-' ~~,l':ao' t if......:(1:t~z-:..\~(f ; ,.~~;';..J~.l.llJ. C .~;a~Ji!:.,..~...M. L 5-,.t:;;<~~:ft.:~?...7i, ~~P!J :;lm.:Cti~P[J'J. 1!H,11:'(~FC~r ~_..~,~~Mi~~;y~f5,~~~~~_r&.r..::::t~.~'":::'l._--_. -,\\ '''Z'7i->/[ iJ '~;JJ;:J() ,c'r, ,1;N "- (~ 84.89 ACPlES ZON/'NG ~RIC' '" 'f- "J:Iaf" !~~'%f'~'.r ViS'1"f 'P11~'Si1' f"'i-~ f // "ZCi'ie.9 ,. ,....... ...,./" J;t.t.J~;']:: Pt..~;N J '~f#.- '. '. ..<:::~~;~~ -"", )~ . . 'z<:>>.-i A.- . , .. n.aco PiAfi.f iJNf: 'L~' ~ ~, ~;. t; ~;. :i .:i! t ~- I, ':'1:[ a. ~,~:::_ r' ,~:.",.;".r.,,:....~. . t..~ "'" ~ l/ Book 01084:0713 Augusta - Richmond count~ --. . 'J' 2006048559 10/19/2006 10:53:36.00 ".~'" .. 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'1 i , . ....-..:.--.. .i I' S , . -. :r-\'1;'~'H!1{.if"'f} -cCU;\~ F'/ [;"OA:I;:; or ;:;J{;r:;/,~ '-/0'._ _ '},:1r;~O${Jr; f..;~r;f S/i.; '..'r ,f-..'(i".fJ; I.J,;-"!f!o':;!)f? SPRJ:":"::- ...- 01::':':;:-- _ GRAPHiC SCALE .lIll:. ~ zoo ~---- ~ ~---' "'" -f ~:ii ( L,( EE};j } lnr:h 07.: ZCO' ~t 'P-R'E'-"1l'Eii> :rOR , NORDAHL HOMES~jNC_ ,;;BJ 'oJ!'l5t!:t:R RQlID4!,UC1;lS-"" G.', !Om1?- ~J\~ I$lY ~ SOUTHERN PARTNERSL iNC rz~ -"'1.)oosr.. ~Sr P...P.K~Y A"'1C'.\Sl~ <:A 3;r..c,. (7()Gj ess-lKJOo' ".'.. '..:..:",\',,' Book 01084:0716 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 . ,,;f):, ,,' , <,.',., .. ... :" .,);,;),< < : ;';,r;;;.jJ, , ,'. , >:.,'.',i,:.r:~ '::,i.:C'>::' .. ";"':':~" ,: :.' .,... ,] :::'" }/':'; , '"",==,,,:' ',i' '. ":.. ,:':: ,".';: ,..'., ;i," ';"..;,",,,;,,; ""',:' \:,,:;;'" . ",' ; ,',: ,,',' ..;",'.,..' c', :'.2?~:, :.":< .... W' r,', , ...,', ": :::::;'", REEl '633 fliGE i'I,;:- _,,'~~~:~~~~~4~1~~~'~,~{<~',~::'1~: ~"~~;}~ft4~,~~':~~~\~~:~r'lh?I~~j~:~~;(h:~~:~:';::~;?':'::'-;"'./: '(, 'Nfl' eOA.'?D OF mllCA nON - \ \ \ \ \ \ \ \ \ \ \ , \ I ,\ \ \ II \ \ \ \ \ '\ ~ I , I H H, -- '~'--h" ,-- ~_. \i :11 \ I \\\\ _ __?L~ ".: .' .-,. -.,,' ~ ..:.' . '; '.. '- _ '" '~;~II".."">O .., ~ "j j t I Ii I J. I' \. ! .J ~ ! ~ I' , i ~ .--1 ,- ~~ -.. ~I 'I~' r ~t ri' ht l. i . 3 ! f; , i I '~ '\ v~~~;.::v:-:'~-'" 'l..~..:,"i ..'/: <;/1) .. '. '\\fNOSOf< LN.. -, ' - '...- - -- O\D .aD' oR/W_ -. - SPRING ,p.!-- -- \\fNDSoF..:.- :- ~. -- GRAPfIIC SCALE ~ """ " {tllrf.:~) 1 Inch ~ 2JJO :l. PLAT ~ Ii .~ ,K"J) R G~ il V I.:..J ~(O:~~~ I ~ t' ~l't>~~ ~I :/ .,..~ '''1 ...f) ':> , f 0.', ...."'.. '...lr"!l- ill>.RII"' ~, ~,"'",. ~ ;::In\~. .' U:'llIW... _~ ;s. .\f.~to.~ '~"'9(]~) ess-'!;ct'o .. ~'NC. I\ftt4VX mA(:;T PROPERlY \.OCAlm >>'J -mE -:UC raw... AUGUS1A4~ caJNlY. ~0RG:lA 51'> 'No.. - 9a-:202:25 I Ii)A "':. I SCAl.;: e"-.u::e- :KNO:'( / ~022S.D\VG ".. 1-0, SO ..- - ~U\.( _l:-___ tHe... _"""..~..""'t' ...:'% R!OfTLW w..wr.l;P. ::;;"f'ERHiR C-!:i.F-T flU!l 26 fE 1m ;-,. ~'1m 'j~?16 ~.~~f!t-, ,': "ii', ,;,:.;' ;,,,'....-.,...,'...,. ::':. ~' :";i':,,.' S':,'::.:~' .;:: t<<;;,::;.." ;,;,:',:i:7: .' ':..;',", ...., :',;"" '''',.' i' :',',', ",..., .,,'.. Co"..":.. ,',. ~:::c'-.: ~.:~::.:.:- ~::::~ ~ ,- .:.. .. ...' : :' <' "'-.."':'," ' :,<',,-',';,:', <j' <:", ,.;,;'".,"'.'..: ,:,:",''', '.. '....... ,," ,"', :,', ,:>.:::.;..:;, ',;':" "c ,:.;:/: :",": <<c.'.::': ' ,~:;;\,/ ' ,',:,::. ,,':,:;:;',:;:':' ':.:,.':::;"""."", :', ,: ...,;:'.., '" .. .:. ,. .. ",< ~\ ,'.,;:',-',::;'..).;, :';; ',':: "/,,' ",: ,,:. ,,:,!<.., ,',," '7 " ',' , : r ... ,,;;~ :,;:>;' .,..:':... ::.'~' ,:,' . ". ~ . '.' .' -,~': "":...'.(;,',,, '.'.. ::',' .,...,.' "',.,S::;\:.,::'."?:'..!p..;;;/,,:,,3;.:i~i:.:\,;:,;~'. ",:' " .'- . ['....~ .-'~' . . ;~ {"", ,.., :'.. ;' ':' /'," -.",';: "'.' ::- ", i:/!:;~;; :-. , :;';,:, :",..,>:,L:,..., ':''-,'';' ~' '~:< ;:~..;: : '.~.." , '>" ,,' :';:' '<": ;.':~! ."., '\,:~ :,',' '. :'.. :':;.. 'J,:~, ::: -;~.';'-;(~~,~;~;f~ "~j ::>f~:'(?~;( '., ,.".:>/y~~.,~: "i;'C:',..",:",.. ::,:i ,', ...'!. ,.i,~,i;{:, Book 01084:0717 Augusta - Richmond Goumy 2006048559 10/19/2006 10:53:36.00 ... Exhibit D -Environmental Functions and Values of the Site The Knox Foundation Tract consists of 26.071 +/- acres of heavily forested creek buffer lying along Spirit Creek, a Savannah River tributary, in southern Richmond County. The tract lies along both sides of the creek with just over 2,000 feet of creek frontage and is populated by mature hardwoods and pines. The creek is home to over twenty species of freshwater fish, as well as scores of reptiles, amphibians, invertebrates, and mammals such as beaver, river otter, and muskrat, Comprehensive lists of these species are included in this report. According to information provided by the owner, the property has approximately $50,000 in timber value. This property meets with eight of the nine stated goals of the Georgia Community Greenspace Program: flood protection, erosion reduction, wetlands protection, buffer protection, protection of water quality, scenic protection, recreational potential, and connection potential. Its thick, mature forest that buffers both sides of the creek provides a stable base to retain soil and absorb storm water runoff during the flood season, provides a healthy shelter for the area's 16 acres of wetlands, and is an excellent water purifier. The under stpry of the property adjacent to Spirit Creek is dominated ,by invasive Chinese privet. The CSRL T will conduct an aggressive, privet management plan for the tract for the initial and on-going removal of privet from the site. New subdivision development is occurring immediately adjacent to the subject property. Stormwater detention basins are constructed to discharge into the tract. The CSRL T will maintain a proactive advocacy with adjoining property owners to insure that non-invasive stormwater management BMPs during construction and post-construction are maintained and will not adversely impact the functional attributes of the subject tract. In addition to the new residential neighborhood, the Spirit Creek property is located near an elementary and a middle school. Both the neighborhood association and the middle school have adopted the creek and plan to conduct outdoor educational programming and enjoy passive recreational activities such as hiking on site. The CSRL T will work with the elementary school to involve their students in similar programming and activities in the future. An additional 36.82 acres of permanently protected land held under easement by the Central Savannah River Land Trust (CSRLT) and designated as permanently protected Greenspace lies just a mile upstream from the Knox Foundation Tract. The potential to connect these tracts is high, as the land along the, creek in between remains largely undeveloped. This undeveloped land also lies adjacent to the Diamond Lakes Recreational Facility, a much-used Augusta- Richmond County park facility, and could easily be incorporated into the facility's services with the addition of foot trails and educational signage. No improvements, easements or right-of-ways exist on this land. There will be no additional impacts to the property, other than construction of simple, pervious walking paths, board walks and signage, which shall receive approval prior to construction by the Corps of Engineers. This will be open to the public for passive recreational and educational use and will be used mainly -- ... " ~ Book 01084:0718 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 for environmental education by the Spirit Creek Elementary School. It will be managed jointly by Augusta-Richmond County and the CSRLT. Two entities, the Central Savannah River Land Trust and Augusta-Richmond County, are interested in this tract's acquisition and preservation. The CSRLT, a non-profit organization, is contracted by Augusta-Richmond County to administer their Greenspace Program. The parcel discussed in this letter of agreement will be purchased using GWTF funds by Augusta-Richmond County and upon closing will be placed under permanent conservation easement in its entirety with the Land Trust and added to the County's Greenspace inventory. ". Book 01084:0719 Augusta - Richmond County 2006048559 10/19/2006 10:53:36.00 ,., ~ '1 --: Exhibit E Sou{'ces of Funds Funds to be used for the permanent preservation of the Spirit Creek tract come from three permitted projects in the vicinity of Augusta. These contributing projects are summarized in the following table. Note that a portion ofthe mitigation required for the Marshall Square project will be met by the permanent preservation of the Knox Foundation tract on Spirit Creek. County Project USACE # Stream Vv' etlands mitigation mitigation required required Columbia Mills Haven 200410770 18 linear feet 0.23 acres Columbia Jones Station 200402230 20 Columbia Marshall 200302300 2,335 Square Total mitigation 2,363 0.23 Knox Fnd tract 2,000 16 Filed in this office: Augusta - Richmond County 10/19/2006 10:53:36.00 Elaine C. Johnson Clerk of Superior Court