HomeMy WebLinkAboutLarry W. Stephens And Melynda C Stephens
Augusta Richmond GA
DOCUMENT NAME: Lo..\I'-( W' St.e.~hen~ Qi'"d )Je,\YIld.,^ C, 'SLe:fhcnS
DOCUMENT TYPE: D Gt:.,J
YEAR: 0 l
BOX NUMBER: ) ~
FILE NUMBER: ) 58 2 7
NUMBER OF PAGES: 5
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Book 007651498 Augusta - Richmond County
200103900912/21/2001 16,1523,00
$000 WARRANTY DEED
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2001039009 Augusta - Richmond County
Return to: Hany D. Revell
454 Greene Street
Augusta, Georgia 30901
(706) 722-0768
WARRANTY DEED
5T A TE OF GEORGIA
COUNTY OF RICHMOND
THIS INDENTURE, made and entered into this nth day of December 2001,
between IARRY W. STEPHENS and MELYNDA C. STEPHENS, as Party of the
First Part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia,
as Party of the Second Part;
WITNESSETH
THAT THE SAID Party of the First Part, for and in consideration of the sum of Twenty
Five Thousand Four Hundred and No Cents ($25,400.00) Dollars in hand paid, at and
before the sealing and delivery of these presents, the receipt whereof is hereby
acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by
these presents does grant, bargain, sell, alien, convey and confirm unto the said Party of
the Second Part, its successors and assigns, the following described property, to wit:
ALL THAT LOT OR PARCEL OF LAND, with improvements thereon,
situate, lying and being in the State of Georgia, Augusta, Georgia, being
known and designated as Lot 6, Block C ona plat of Wimberly Park
Subdivision recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia in Realty Book 20- T, Page 595. Said Property
being further designated on an individual plat of said property recorded in
Page 1 of 4,
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Book 007651499 Augusta - Richmond County
200103900912/21/200116:15:23.00
said Clerk's office in Realty Book 22-N, page 64. Reference is hereby made
to said plat for a more complete location of said property. Said property is
known as 306 Avery Drive under the present system of city street
numbering.
SAID PROPERlY is the same as that conveyed to Larry W. Stephens and
Melynda C. Stephens by Warranty Deed dated June 16, 1993, and recorded
in the Office of the Clerk of the Clerk of the Superior Court of Richmond
County, Georgia, in Realty Reel 424, Page 1842.
THE ATTACHED "DEED RESTRICTIONS" are attached hereto and, by
reference, made a part hereof.
TO HAVE AND TO HOLD the said described property, with all and singular the
rights, members and appurtenances thereunto appertaining, to the only proper use,
benefit and behoof of the said Party of the Second Part, its successors and assigns, in Fee
Simple.
AND THE SAID Party of the First Part warrants and will forever defend the right
and title to the above described property unto the said Party of the Second Part, its
successors and assigns, against the lawful claims of all persons owning, holding or
claiming by, through or under the said Party of the First Part.
IN WITNESS WHEREOF, the Said Party of the First Part has caused same to be
executed by the proper officials, with affixed seal, and delivered these presents the day
and year first above written.
~ AJ~
. ~rry~Stephens ~
OUDly, Geor~a Y1:~A
My Commission Expires October 19, 2M$lynd C. Stephens
Page 2 of 4
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Book 007651500 Augusta - Richmond County
2001039009 12/21/2001 16:15:23,00
"Deed Restrictions"
WITNESSETH
WHEREAS, this property is being purchased under the Hazard Mitigation Grant
Program, authorized by Section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1988, PL 93-288 as amended; and
WHEREAS, the State of Georgia has entered into a Cooperative Agreement with
Augusta, Georgia, dated July 13, 2000, and herein incorporated by reference, in which
Augusta, Georgia will use the property described hereafter under the terms and
conditions thereunder; and
NOW, THEREFORE, this conveyance is made upon the express conditions that:
1. The premises shall only be used for purposes consistent with open space,
recreational, or wetlands management purposes (as defined in Title 44, Code of Federal
Regulations, part 206-434, as it appears now or may hereafter be amended);
2. No future disaster assistance for any purpose from any Federal source will be sought
or provided with respect to the property; and
3. There shall not be erected on the premises any new structures or other improvements
other than rest rooms, or a public facility that is open on all sides and functionally
related to open space uses.
4. The sub-grantee agrees that it shall convey the property only to another public entity
and only with prior approval from GEMA and the Regional Director of FEMA. Such
conveyance shall be made expressly subject to the above-referenced conditions and
restrictions, which shall run with the property in perpetuity. In addition, for property
that is transferred to another public entity, that public entity must obtain approval from
GEMA and the Regional Director of FEMA to convey the property to another public
entity.
Any breach or threatened breach of the above conditions may be enjoined upon
application by the State of Georgia. In addition, the State of Georgia shall have the
option to repurchase the above described premises for the sum of One Dollar ($1.00), if
the Grantee, its successors or assigns shall have failed to remove or correct any violation
of the above conditions within thirty (30) days after the mailing of written notice thereof
by said State of Georgia or its successor, to the Grantee, its successors or assigns.
Page 3 of 4
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Book 007651501 Augusta - Richmond County
2001039009 12/21/2001 16:15:23.00
The above conditions and restrictions, along with the right to enforce same are deemed
to be covenants running with the land in perpetuity and are binding on subsequent
successors, grantees, or assigns.
The Grantor releases and deeds unto Augusta, Georgia and its assigns, all right, title,
and interest which Grantor may have in the banks, bed and waters opposite to or
fronting upon said land, and in any alley, road, street, ways strips, gores and railroad
right-of-way abutting or adjoining said lands, and in any means of ingress and egress
appurtenant thereto.
TO HAVE AND TO HOLD the said premises with all and singular the rights and
privileges thereunto belonging unto Augusta, Georgia and its assigns forever.
THIS conveyance is expressly subject to rights outstanding in third parties for existing
easements for public road and highways, public utilities, railroads, and pipelines.
Witness my hand and official seal this .lc.2!:!day of ~em~cL ~1J /
SIGNED, SEALED AND DELIVERED
in the presence of:
AU~ORGIA
BY~ i~ Ma])gt,;,~~
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Filed in this office
Augusta - Richmond County
1?/?1I2Jl01_16J 52:LQO~--_.----...
Elaine C Johnson
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