HomeMy WebLinkAboutKNOX FOUNDATION CSRA LAND TRUST SPIRIT CREEK PROPERTY
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Book 01084:0720 Augusta - Richmond County
200604856010/19/200610:53:36.01
$0.00 WARRANTY DEED
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2006048560 Augusta - Richmond County
Return to:
Stephen E. Shepard, County Attorney
701 Greene Street, Suite 104
Augusta, Georgia 30904
STATE OF GEORGIA
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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
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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
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By:
Its: Trustee
Accepted this 15t day of September, 2006.
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By _ ]Iliif$ Im1tfi/
Its: lerk
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Book 01084:0722 Augusta - Richmond County - -
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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
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Book 01084:0723 Augusta - Richmond County
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$0.00 EASEMENT
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2006048561 Augusta - Richmond County
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Return to: James T. Plunkett
701 Greene Street, Suite 104
Augusta, Georgia 30901
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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,
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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
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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
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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
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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.
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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;
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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
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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. '
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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
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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.
/'
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'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
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, 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
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, 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
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'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
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"
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
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Book 01084:0667 Augusta - Richmond County
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"
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
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"
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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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-
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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'
.....
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"
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,
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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
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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
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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
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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.
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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
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"
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
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~ .
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
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NORDAHL HOMES. INC.
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Book 01084:0694 Augusta - Richmond County
2006048559 10/19/2006 10:53:36.00
NO. ., RBS
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PREPARED FOR:
NORDAHL HOMES,IN
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PREPARED BY :
SOUTHERN PARTNERS
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, Cl,llTent Tax Map showing parcels 3.09 and 3.10 - total: 26..071 acres - targeted for acquisition
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2006048559 1 ougusta - Richm ~W~.Ii
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Book 01084:0707 Augusta - Richmond County
2006048559 10/19/2006 10:53:36.00
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Book 01084:0712 Augusta - Richmond County
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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)
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Book 01084:0709 Augusta - Richmond County
2006048559 10/19/2006 10:53:36.00
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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)
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2006048559 10/19/2006 10:53:36.00
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2006048559 10/19/2006 10:53:36.00
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Book 01084:0717 Augusta - Richmond Goumy
2006048559 10/19/2006 10:53:36.00
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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
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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