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HomeMy WebLinkAboutDeclaration Of Restrictions And Covenants Augusta Richmond GA DOCUMENT NAME: oec\o'(a\\tD 0\- Yes\\\Gt\CX\~ 4 (X)\JeDQ'0\-s DOCUMENT TYPE: YEAR: t) \ . BOX NUMBER: \ \..\ FILE NUMBER: \Slo"ll9 , NUMBER OF PAGES: d \ Return to: James B, Wall County Attorney 454 Greene Street Augusta, GA 30901 ,; STATE OF GEORGIA ) COUNTY OF RICHMOND ) DECLARATION OF RESTRICTIONS AND COVENANTS This declaration is made this 21st day of September 2001, by AUGUST A, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "Declarant"). WIT N E SSE T H: WHEREAS, Declarant oWns the property described on Exhibit "A" attached hereto and made a part hereof (the "Property") which property was acquired from SunTrust ., Bank, Augusta, N. A., of Richmond County, Georgia, as Trustee of the Boy Scout Trust Fund, Georgia-Carolina Council, Boy Scouts of America, Inc., their successors and assigns, by deed dated September 21 . , 200 1 and recorded in the Office of the Clerk of Superior. Court of Riehmond-'Gounty-i-n-Realty-R:eel-7-S.1 ,pages-~-~~2 ; and WHEREAS, the Property' was acquired with Grant Funds pursuant to the Georgia Greenspace Program Grant A ward Agreement dated June 12, 2001, by and between the State of Georgia, Department of Natural Resources, and Augusta, Georgia attached hereto as Exhibit "B" (hereinafter the "Agreement"); and WHEREAS, Augusta, Georgia has designated the Property as Greenspace Property and has promised, inter alia, to operate and mai'ntain such Property in such a manner as to achieve one or more of the nine statutory goals of the Georgia Greenspace Act (O.C.G.A. 936- 22-1, et seq.) including, protecting or enhancing water quality, providing flood protection, providing natural habitat and corridors for native plant and animal species, protecting archaeological and historic resources, providing passive recreation, or providing connective links between lands contributing to the goals of the Georgia Greenspace Act, and Declarant agrees to restrict the use of the Property as provided herein. NOW, THEREFORE, for and in consideration of Ten and nolIOO Dollars ($10.00) and for other good and valuable consideration, including the receipt of said Grant Funds, the receipt and adequacy of which is hereby acknowledged and intending to be legally bound, Declarant does hereby subject the property to the covenants, restrictions and rights hereinafter stated: 1. Definitions. For purposes of this Declaration, the following terms shall have the following meanings, unless the context requires otherwise: (a) "Conservation Easement" means a non-possessiary interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open- space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, agricultural, archaeological, or cultural aspect of real property. (b) "Georgia Greenspace Act" shall mean O.C.G.A. 936-22-1, et seq. 2 (c) "Grant Agreement" shall mean that certain Georgia Greenspace Program Grant Award Agreement dated May 20, 2001, by and between the State of Georgia, Department of Natural Resources, and Augusta, Georgia. (d) "Greenspace" shall mean permanently protected land and water, including agricultural, and forestry land whose development rights have been severed from J the property, that is in its undeveloped, natural state and that has been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following goals: 1) Water quality protection for rivers, streams, and lakes; 2) Flood protection; 3) Wetlands protection; 4) Reduction of erosion through protection of steep slopes, areas with erodable soils, and stream banks; 5) Protection of riparian buffers and other areas such as marsh, hammocks that serve as natural habitat and corridors for native plant and animal species; 6) Scenic protection; 7) Protection of archaeological and historic resources; 8) Provision of recreation in the form of voting, hiking, 'camping, fishing, hunting, running, jogging, biking, walking, skating, birding, riding horses, observing or photographing nature, ,., .J .' picnicking, playing non-organized sports, or engaging in free play; and 9) Connection of existing or planned areas contributing to the . goals set out in this paragraph. Public access is not necessary for property to be counted as Greenspace. (e) "Land Trust" shall mean Southeastern Natural Sciences Academy Land Trust, Inc., a nonprofit corporation organized and existing under the laws of the State of Georgia, its successors and assigns. 2. Conservation Easement. Grantor hereby subjects said Property to a Conservation Easement that ensures that the land will be maintained as Greenspace as defined in the Rules for the Georgia Greenspace Program, Rule 391-1-4-.01, et seq., incorporated herein by reference, in effect at the time of this Declaration, 3. Use, The operation, use and maintenance of the Property, and any improvements, shall be subject to and shall comply with the Conservation Easement. 4. Covenants Running with the Land. Declarant acknowledges and agrees that the Conservation Easement is appurtenant to and runs with the land, and shall be binding and enforceable against Declarant, its successors and assigns, and any Trustee appointed to manage the Property. The Conserv~tion Easement shall inure to the benefit of the State of Georgia, the Land Trust, and their respective successors and assigns, and shall be enforceable by the State of Georgia, its agents or assigns, and Land Trust, its successors and assigns, in the Superior Court of Richmond County, Georgia. 4 5. Severability. In the event that any of the provisions contained in this DecIaration shall for any reason held to be invalid, illegal or unenforceable in any respect in a final ruling or judgment of a court of competent jurisdiction from which no appeal has been or can be taken, the remainder of the Conservation Easement shall not be affected thereby and each term, covenant, condition and provision hereof shall remain valid and enforceable to the fullest extent permitted by law. 6. General Provisions. (a) Headings. The use of headings, captions and numbers in this DecIaration is solely for the convenience of identifying and indexing the various provisions in this DecIaration and shall in no event be considered otherwise in construing or interpreting any provision in this DecIaration. (b) Non-Waiver. Failure by any party to complain of any action, non- action or breach of any other party shall not constitute a waiver of any aggrieved parties' rights hereunder. Waiver by any party of any right arising from any breach of any other party shall not constitute a waiver of any other right arising from a subsequent breach of the same obligation or for any default, pass, present or future. (c) Time is of Essence of This Declaration. (d) Applicable Law. This Declaration shall be governed by, construed under, and interpreted and enforced in accordance with the laws of the State of Georgia. 5 (e) Venue. Any action to construe or enforce this Covenant shall be filed in the Superior Court of Richmond County, Georgia. IN WITNESS WHEREOF, Declarant has signed and sealed this Declaration, on , the day, month and year first above written. DECLARANT: A~. A, E.'O \ I. By: ' As Its: Mayor ~I:r.~L,-. ~\1;' ':: It ~? :-. \'':'T'''='- _...-:-, ; -: '-~. rSEP.:L 1 ' ~ - "?::_" ~ ~ (: ~'.'S' ...~4~ -~ ~,,..,r.: ~' :; '.,- iil..,.;" .:..,......_.,.4'!.....,._... -(~";::.,,/ ~"'l.'" 1~71rT:;:.~\:" ~ .4 '..., .....,~"'l:'""I'..- By: --9'-' , ClerR: . -\ Signed, Sealed and Delivered in the presence of: Notety Pubilc. Richmond County, Georgia Mi Cbmmls8lon expires Jan. 4, 2005 6 EXHIBIT "A" ALL those parcels of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, being known and described as Parcel VI (15.92 Acres), Parcel VIII (15.92 Acres) and parcel X (15.92 Acres) on a plat of Holiday Hill prepared for E. L. Jernigan, Sr. and Sarah C. Jernigan by Baldwin & Cranston, Inc. dated April 9, 1973, and recorded in the Office eof the Clerk of the Superior Court of Richmond County, Georgia, in Realty Real 18, at Pages 1714-1722. Reference being made to said plat and it is incorporated herein and made a part hereof for a more complete and accurate description of the metes, bounds and location of said property. AND All that property conveyed by Deed of Gift from Edward Lee Jernigan and Sarah C. Jernigan on the 29th day of December, 1998 described in Reel 625, page 1202 as follows; All of those lots or parcels of land situate, lying and being in the State of Georgia, County of Richmond, being known and designated as Parcel II, containing 15.92 acres, and parcel IV, containing 15.92 acres, on a plat of Holiday Hill, prepared for E. L. Jernigan, Sr. and' Sarah C. Jernigan by Baldwin & Cranston Associates, Inc., dated April 9, 1973, recorded in the Office of the Clerk of Sueprior Court of Richmond County, Georgia, in Realty Reel 18, pages 1714-1722. Said plat is incorporated herein by reference thereto for a more complete description of metes, bounds, courses, and locations. EXCEPTED FROM Parcel IV as aforesaid are Lots 17, 18, 19 and 20, Block A of an addition and resubdivision to Unit 1-B of Pepperidge Subdivision on a plat thereof dated November 21, 1984, prepared by Ayer, Graham & Associates, Inc., recorded in said Clerk's Office in Realty Reel 338, pages 1440-1442. ALSO EXCEPTED therefrom is a parcel of land containing 0.53 acres shown as Tract "A" on a plat prepared by A YERCORP, dated June 21, 1990, attached to a warranty deed from E. L. Jernigan and Sarah C. Jernigan to Joe C. Spencer, dated July 5, 1990, recorded in said Clerk's Office in Realty Reel 338, pages 1440-1442. ALSO EXCEPTED therefrom is a parcel oflarid containing 0.5233 acres shown as Tract "B" on a plat prepared by A YERCORP, dated February 27, 1991, attached to a warranty deed from E. L. Jernigan and Sarah C. Jernigan to Alphonzo L. Paul and Veniva D, Paul, dated March 1, 1991, recorded in said Clerk's Office in Realty Ree1354, pages 290-292. Said property is subject to the rights of Augusta-Richmond County, Georgia under a right-of-way deed from Edward Lee Jernigan and Sarah C. Jernigan to Richmond County, dated February 27, 1997, recorded in Realty Reel 550, pages 26-27. ALSO conveyed as a part of this conveyance is non-exclusive easement for the purposes of ingress and egress from Pepperidge designated as "Reserved" on said above referenced plat dated November 21, 1984, prepared by Ayer, Graham & Associates, Inc., recorded in said Clerk's Office in Realty Reel 208, pages 1164-1165. ALSO EXCEPTED therefrom is a parcel of larid containing 0.85 acres shown on a plat prepared by H. Lawson Graham and Associates, Inc. dated January 9, 2001 and recorded in said Clerk's Office in Realty Reel , pages ~ EXHIBIT "B" T'"'" -, I -- i r.J.~r~=;"': ~.~~~ l i i li.._"-"'-..l V t.:0 i Georgia Greenspace Program! j I JUN 1 2 2001 I Grant Award Agreement f I I G:m. GA sriE::i!::,:~] C~:',';~'.~:S3i:Y~ 1 ----.J j THIS AGREEMENT, made and entered into this 12/~y of ~ j f.--e- ,2001, by and between the State of Georgia, Department of Natural j; ~es (hereinafter, DNR), with its address at 205 Butler Street, S. E., Suite 1252, Atlanta, Georgia 30334, and Augusta; Georgia, a political subdivision of the State of Georgia with its address at 530 Greene Street, Augusta, Georgia 30911 (hereinafter, GRA.NTEE), WHEREAS, the Georgia Constitution authorizes grants of State funds to counties and municipalities within the State, Ga. Const. 1983, Art. VII, Sec. III, Para. III; and WHEREAS, in Chapter 22 of Title 36 of the Official Code of Georgia Annotated, O.C.G.A ~ 36-22-1 et seq" (hereinafter referred to as "the Georgia Greenspace Act" or the "Act"), the, General Assembly recognized the unique characteristics of each region in the state and the need for a flexible framework within which populous and rapidly growing cities and counties can develop community greenspace preservation programs; and WHEREAS, the Code provides that it is the intent of the legislature "to promote the adoption in developed and rapidly developing areas of the state of policies, rules, and regulations which will have the effect of preserving at least 20 percent of the land area as connected and open greenspace which can be utilized for informal recreational activities and protection of natural resources," O,C.G,A. S 36-22-1; and WHEREAS, the Georgia Greenspace Act established the Georgia Greenspace Commission (the "Commission") which has the power and duty under the Act to review greenspace-pwgram.s-submi-tteEi-by--a-eounty;-e:-e. 6-:A-.-S-t&=-22::-8, ana greenspace programs in which a county participates with a municipality, Q.C,G.A. S~36-22-4(c) and 36-22-6(3), and to determine their eligibility for an award of a greenspace grant, Q,C.G.A, 936-22-8; and WHEREAS, the Georgia Greenspace Act established the Georgia Greenspace Trust Fund to be administered by DNR in furtherance of the purposes of the Georgia Greenspace Act, see Q,C.G.A. ~ 36-22-4; and WHEREAS, G~A..NTEE is eligible under the provisions of Q,C.G.A. 9 36-22-10 of the Act and the Rules and Regulations of DNR to submit. and has submitted, a greenspace program requesting a grant from the Georgia Greenspace Trust Fund (the "Greenspace Program"); and WHEREAS, the Commission has determined that the Community Greenspace Program submitted by GRANTEE complies with the terms and conditions set out in the Georgia Greenspace Act; and WHEREAS, the Commission has advised DNR that GRANTEE has become eligible for, and is to receive, a greenspace grant (hereinafter, the "Grant"); and WHEREAS, the Code provides that DNR is to "administer the fund . . .[and] expend moneys held in the fund in furtherance of the purposes of and pursuant to the provisions of' the Act; and WHEREAS, DNR and the GRANTEE (the "Parties") desire to enter into a contract to document the objectives, terms, conditions and restrictions regarding the Grant; NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes and the acknowledgments and agreements contained herein, together with other good and adequate consideration, . the receipt of which is hereby acknowledged, the parties hereto agree as follows: I, AWARD A, Pursuant to a.c.G.A. S 36-22-4 and the decision of the Commission, DNR hereby awards a Grant to GRANTEE in the amount of FIVE HUNDRED NINETY TWO THOUSAND, EIGHT HUNDRED TWENTY SIX DOLLARS AND NO CENTS ($592,826,00) (the "Grant Funds"). B. Hereinafter, "Grant Funds" includes the original funds awarded plus, after receipt by the GRANTEE, all interest earned on. those funds. II. GRANTEE'S OBLIGATIONS AND DUTIES A, USE OF GRANT FUNDS - As consideration for the award of the Grant Funds, GRANTEE has established a Community Greenspace Trust Fund pursuant to a.C.G.A. .s 36-22-7 and accepts the Grant Fu~ds in trust and promises to expend the Grant Funds solely for their intended purpose. GRANTEE further promises to: 1, Deposit the Grant Funds into the GRANTEE's COmmunity Greenspace Trus't Fund. . .2. 2, Administer the Grant Funds in a manner consistent with the purposes of the Georgia Greenspace Act and the Rules and Regulations promulgated by DNR and the terms and conditions of this Agreement. 3. Utilize the Grant Funds to acquire interests in real property located within Richmond County; and 4, Use the Grant Funds solely for the Costs of Acquisition of greenspace as defined in a.c.G.A. 936-22-2(3) of the Act and the Rules and Regulations of DNR (hereinafter, "the Greenspace Property"). 5, Specifically reference this Agreement in GRANTEE's deed or other instrument of acquisition of Greenspace Property, when Grant Funds were used in whole or in part for the acquisition, and recite that the State of Georgia is a third-party beneficiary under this Agreement and that, if the property is used for anything other than as Greenspace Property, the State of Georgia has a right to require specific performance of this Agreement and require that the property be returned to the use as provided herein. 6. Record on its Capital Account as Greenspace Property each interest in that land was acquired in whole or in part with Grant Funds. 7. Operate and maintain lands designated as Greenspace Property in such a manner as to achieve one or more of the nine statutory goals of the' Act including, protecting or enhancing water quality, providing flood protection, providing natural habitat and corridors for native plant and animal species, protecting archaeological and historic resources, providing passive recreation, or providing connective links between lands contributing to the goals of the Georgia Greenspace Act. 8. Expend the Grant Funds by no later than June 30,2003, unless GRANTEE is given an extension of time in writing pursuant to the Rules and Regulations promulgated by DNR. 9. In the event that GRANTEE fails to expend the Grant Funds on or before June 30, 2003, or to obtain an extension of time in writing pursuant to the Rules and Regulations promulgated by DNR, then': GRANTEE shall immediately return the Grant Funds remainin~~GRA NTFF'S_Cornmunity-Greenspace-1.=r-ust-Funa-aGG0unt-te-BNR-in certified funds to the address written above. 10. Reimburse the Georgia Greenspace Trust Fund for any principal and interest amount of the Grant Funds which were not expended as follows: (a) in accordance with the terms of this Agreement, and (b) in compliance with the Act and the Rules and Regulations promulgated' there' under. - 3 . 11. Assure that no property acquired, in whole or in part, with Grant Funds is converted to any use inconsistent with the Act unless such conversion is conducted under the terms and conditions for Conversion provided below. 12. Acquire the Greenspace Property subj ect to a restriction in writing in the deed or other instrument of acquisition that the property must be used in perpetuity as greenspace property as provided in a.C.G.A, s 36-22-1 et seq, and the restriction will be enforced by the State of Georgia. B, OPINION OF COUNSEL AND TITLE INSURANCE POLICY After the expenditure of any Grant Funds for Greenspace Property, GRANTEE must promptly deliver to DNR an originally signed opinion of counsel regarding the interest that GRANTEE owns in the acquired Greenspace Property (fee simple or lesser interests in land as set forth in Grantee's Greenspace Program), and that GRANTEE holds good and marketable title thereto, with specific reference to the instrument or instruments of acquisition and their recording data. The opinion must be addressed to GRANTEE and DNR. It must further state that the Greenspace Property is encumbered as required by this Agreement and is not encumbered ifl any way prohibited by this Agreement or in any way which impairs the status or use of the Greenspace Property for the Greenspace Program. GRANTEE must further provide DNR with a copy of a consistent AL T A title insurance policy, which insures GRANTEE'S right, title and interest in the Greenspace Property, subject only to the Greenspace encumbrances or encumbrances permitted by this Agreement and which insures the interest of the State of Georgia in the Greenspace Property under this Agreement. C, AUDIT AND ACCOUNTING 1. Pursuant to a.c.G.A. S 36-81-8.1, GRANTEE shall provide, at its own expense, an annual audit of GRANTEE's Community Greenspace Trust Fund and a completed Grant Certification Form. (A sample Grant Certification Form and the instructions for completing the same are attached hereto.) 2. GRANTEE's annual audit is to be conducted in aCCQrdanc,~he-generall*______ accepted government auditing standards as provided in O.C.G,A. 9 36-81-7, including the Uniform Chart of Accounts mandated by O,C.G.A. 9 36-81-3. Within 30 days of completion of such audits, GRANTEE shall submit to DNR, without charges or fees from DNR copies of all audits covering the award period. D. REPORT GRANTEE will submit a report to DNR within 60 days after the expenditure'. of any-' . Grant Funds regarding the amount of funds expended. the interest in property acquired, a copy of the recorded deed and other acquisition documents, the Georgia Greenspace Ac~ goal furthered by acquisition of the property, a reference to the part of GRANTEE's Greenspace Program which describes the acquired property, and a property description in .4. digital format provided by the surveyor. This report may be submitted with the opinion of counsel required by paragraph II. B. above. Ill. USE OF GREENSPACE PROPERTY A. Certain uses of Greenspace Property are not inconsistent with the Greenspace goals served by Greenspace Property, Such uses do not require converting or substituting property if the Greenspace Property is used in any of the specific ways listed in paragraphs 1 through 5 below and GRANTEE need not apply to the Commissioner of DNR for approval for these listed uses. However, recognition that a particular use is not inconsistent with the purpose served by the Greenspace Property does not affect in any way GRANTEE's responsibility to obtain all necessary permits, or GRANTEE's obligation to comply with all local, state and federal requirements to undertake the proposed activity on Greenspace Property. 1, UTILITIES - The construction, operation, repair, maintenance, or removal of underground utilities in a manner that does not significantly affect the recreational utility, natural resources protection, or habitat value of the land, and which does not hamper the ability of the property to meet the goals of the Act, will not constitute a conversion. 2. PUBLIC FACILITIES - Construction of minimal public facilities such as benches, swing sets, slides, picnic tables, grills, bathrooms, or shelters, to the extent needed to accommodate the users of that property, and covering less than 5% of the total Greenspace Property area, will not constitute a conversion. 3, TRAILS AND PATHS - Trails associated with passive recreational uses or alternative transportation routes for pedestrians or bicycle travel, provided that less than 5% of the total Greenspace Property is covered in impervious-surfaced trails and that there are not significant negative impacts on natural resource values of the property, will not constitute a converSIOn. 4. ACCESS FACILITIES - Parking areas, boat ramps and necessary access roads, which limit as much as possible the. use of impervious surfaces, which do not have significant negative impacts on natural resource value_S_QLthe_pmpertY-,-are-limit"ed-tO-accoInmGdate only the users of the Greenspace Property, and which do not cover more than 5% of the Greenspace Property will not constitute a conversion. 5 . TOTAL DEVELOPED AREA - When totaled, the Greenspace Property developed for Public Facilities, Trails and Paths and Access shall not exceed 15% of the Greenspace Property. B. GRANTEE must apply to the Commissioner of DNR in writing for approval of other types of development or use of Greenspace Property which GRANTEE believes to also. not be inconsistent with the Greenspace goals served by Greenspace Property. The decision of the Commissioner that a proposed; use. is or is not consistent with the Greenspace goals of the Greenspace Property shall be conclusive and not subject to . 5 - appeal under the Georgia Administrative Procedures Act or any other judicial or appellate proceedings, IV, RELATIONSHIP No agency relationship is created by this Agreement and neither GRANTEE nor its employees are agents or representatives of DNR or the State of Georgia. GRANTEE shall act at its own sole cost and liability in implementing the Grant. V. THIRD-PARTY BENEFICIARY The State of Georgia is a third-party beneficiary of this' Agreement and has the right to enforce the terms and conditions of this Agreement specifically in equity and at law. VI. PERPETUAL TERM I TIns Agreement commences as the date referenced above and, pursuant to the Georgia Constitution, Ga. Const. 1983, Art. VII, See, III, Para. III, and the legislation creating the Greenspace Program, a.C.G.A. 936-22-3, it shall continue in perpetuity. VII, ADDITIONAL TERMS AND CONDITIONS A. The local government attorney of GRANTEE shall issue an opinion that GRANTEE has full power and authority to enter into and perform this Agreement, and that the person signing on behalf of GRANTEE has been properly authorized and empowered to enter into this Agreement. B. GRANTEE agrees that it has complied, and will continue to comply, with the requirements of Chapter 14 of Title SO of the Official Code of Georgia Annotated pertaining.-te-0l"en-meet-ings,ancl-wi.th-Ghapter-1-8=-70-et:--seq:-of-Title-5-0-ortlre-effida1 Code of Georgia Annotated pertaining to open records, in regard to Greenspace Program activities. C. GRANTEE further acknowledges that it has read this agreement, understands it, and agrees to be bound by it. D, This Agreement contains the entire agreement between the parties with regard to its subject matter and supersedes all other prior and contemporaneous agreements and understandings between the parties. This Agreement may be modified-only by mutual. consent of the parties. Any modification must be in writing and signed,by'both parties. .6- E. GRANTEE shall not assign its right, title or interest hereunder or delegate any of its duties or obligations without the express written consent of DNR. F, Any failure by DNR to enforce performance by the GRANTEE of any provision of this Agreement shall not impact or affect the right of DNR to thereafter strictly enforce this Agreement, nor shall any action of DNR be construed as a waiver of any breach or a modification or rescission of the Agreement. G. GRANTEE hereby attests that none of its officials have violated any applicable conflict of interest provisions, under either state law (O.C.G.A.~945-l0-2l through 45- 10~28 and 36-67A-1 through 36-67A-4) or under any applicable local ordinance, charter, rule, or regulation and that they shall comply with the same throughout the term of this Agreement. H. No report, survey, or other document produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of GRANTEE. 1. Time is of the essence of this Agreement. IX. REQUIREMENTS FOR CONVERTING GREENSPACE PROPERTY A, BACKGROUND 1. GRANTEE agrees that the intention of the Georgia General Assembly in enacting the Georgia Greenspace Act was that any interest in real property acquired in whole or in part. with Grant Funds ("Greenspace Property"), should, in perpetuity, achieve the goal of preserving that Greenspace Property in a natural or lmdeveloped condition, or in a condition that achieves one or more of the statutory goals provided in the Act. In accepting Grant Funds, GRANTEE acknowledges this legislative intent to permanently preserve Greenspace Property for future generations. 2. DNR recognizes that in a rare, exceptional circumstance, GRANTEE may find it neeessary-t0-eenvert-Greenspace-Propertynrpropert:)'U:::ed-fbr some alternatIve pu5hc purpose. In that event, GRANTEE agrees to the following mandatory requirements for achieving such a conversion: (a) GRANTEE may malce a proposal to the Commissioner t~ GRANTEE be permitted to substitute other property which is located entirely in lL ~ <.M.~ County in lieu therefore ("Substituted Property"). (b) The Substituted Propeny must meet one or more of the Act's 'goals. It is preferred that the Substituted Property would address the same Greenspace goal as the property being converted, but if that is not feasible, the Substituted Property should provide comparable value to the Greenspace Program as the Greenspace Property being . 7 . converted. The Substituted Property must have been acquired, (or if not yet acquired, will be acquired) by GRAJ.'\TTEE with funds other than Georgia Greenspace Trust Funds or interest thereon. (c) GRANTEE must provide in writing a document showing that the proposed conversion was approved by two-thirds of its local governing body after a duly advertised public hearing on the issue, GRANTEE shall attach a transcript of the public hearing to its request for conversion, (d) GRANTEE must provide the public with the information listed in Section VII, B below at least 10 days prior the public hearing. (e) GRANTEE must obtain the written approval of the Commissioner of the Department of Natural Resources accepting the Substituted Property. (f) The Substituted Property must be of equal or greater monetary value and of equal or greater value to the Georgia Greenspace Program as the Greenspace Property. (g) These conversion provisions apply to the use of any Georgia Greenspace Trust Fund money, or interest thereon, regardless of the percentage of such Funds utilized for the acquisition of the interest in real property, (h) GRANTEE is responsible for compliance with these provisions. (i) The State of Georgia is responsible for enforcement of these provisions. B. PREREQUISITES TO CONSIDERATION OF CONVERSION REQUESTS Before requesting the Commissioner of Natural Resources to accept a proposed property substitution, the Grantee shall, in writing: 1. Evaluate all practical alternatives to the conversion and prepare explanations why those alternatives are rejected, 2. Provide appraisals prepared in accordance with uniform appraisal standards, which estabJish_theJaiLmarkeUaluLoLthe-Greenspace-E.r:opertrand-f'F0f'eFty-G-RA:t'\T~EE proposes to substitute. 3, Provide a written evaluation of the natural resource value of the Greenspace Property and the property GRANTEE proposes to substitute. 4. Provide a written evaluation of the Greenspace Property and the property GRANTEE proposes to substitute with respect to the goal(s) of the Greenspace Program each serves or will serve. ; 5. Provide documents establishing that the propertY GRANTEE proposes to substitute is, not currently. nor has it previously been, permanently protected greenspace property as .8. defined in the Georgia Greenspace Act and the Rules and Regulations promulgated there under or any other analogous federal or state program. The Substituted Property must be newly protected property. 6. If GRANTEE already owns the Substituted Greenspace Property, GRANTEE must deliver to DNR an originally signed opinion of counsel that GRANTEE owns the Substituted Greenspace Property in fee simple, or with all other right and interest required for the specific Property by GRANTEE Greenspace Program, and holds good and marketable title thereto, with specific reference to the instrument or instruments of acquisition and their recording data. The opinion must be addressed to GRANTEE and DNR. It must further state that the Substituted Greenspace Property will be encumbered as required by this Agreement and is not encumbered in any way prohibited by this Agreement or in any way which impairs the status or use of the Substituted Greenspace Property for the Greenspace Program. After acceptance of the substitution by the Commissioner of DNR, GRANTEE must further provide DNR with a copy of a consistent AL T A title insurance policy, which insures GRANTEE'S right, title and interest in the Substituted Greenspace Property, subject only to the Greenspace encumbrances or encumbrances permitted by this Agreement and a copy of the recorded deed and other acquisition documents. If GRANTEE does not yet own the Substituted Greenspace Property, GRANTEE must certify that these conditions will be met upon GRANTEE's acquisition of the Substitute Greenspace Property, 7. Identify the means by which the property GRANTEE proposes to substitute will be given permanent legal protection, 8. Evaluate the public usefulness of the location, accessibility, connectIvIty to other properties, water quality enhancement capability, water storage capacity, habitat value, scenic or historic values. or other Georgia Greenspace Act goals of the existing Greenspace Property and the property GRANTEE proposes to substitute. 9. Provide the written concurrence of three-fourths of the owners of property which is adjacent to the existing Greenspace Property, 10. On sites which are being-partially converted, provide an evaluation of the projected impact of use of the 12ro12osed_p...artialljLcm1.v.ertecLGreenspaceYropertjf_on_the-~emaini-ng Greenspace Property. 11. The information above shall be made available to the public at least 10 days prior a public hearing held by GRANTEE regarding the proposed conversion of the Greenspace Property, C ACTION BY DNR The Commissioner shall act upon a proposed conversion request within 60 days of its receipt, or provide a letter to the local governing body regarding the reason additional time is needed to act upon the request. The Commissioner has the authority to disapprove conversion requests and reject proposed property substitutions, Disapproval of a .9. conversion request by the Commissioner shall be conclusive and not subject to appeal under the Georgia Administrative Procedures Act or any other judicial or appellate proceedings. ' IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above, GEORGIA DEP ARTlVIENT OF NATURAL RESOURCES AUGUST A, GEORGIA .~ By: Lonice Barrett, Commissioner S worn to and subscribed before me this / cL v...- day of ~... . 2001. Sworn to and subscribed before me this 3ft. day Ofc/~ 2001. ~ ,~~~":~,. ~ ..d2~r~,~ ~~~ Notary pUb~~~~: .......~)'::...: - :::;{I ,"'c;;." , . - l "'''? " , ' :"-':) "" rl!\ ~:; :: G'EO"F.v"::,,:: =. --:-:r;. '; .! '.:.;' ::. .lp..tl. 2., ... f..": , -^'- . , " .,-"" ~"'_..... p ."\'... ......: ~~.4~ uu \.>.:>";. : ,.: ' " 1 ~..__...... .'.' : " " .,.....,.-.. /,.. '_L ,..."..,.,,-:-:.-~ . '7J~ J '7nm~: Notary blic Notary Public. Columbia County, Georgia My Commission Expires Aug. 3, 2002 - 10. GEORGIA GREENSPACE Al~AL CERTIFICATION FORi\'! CURRENT YEAR (FY 200---> PREVIOUS YEAR/s Local government: Greenspace goal under current plan Greenspace goal under previous plan Total acres: Total acres: Permanently Protected Trust Funds: Trust Funds: Greenspace acres, acquired (total acres from (total acres from through Trust Funds, and through this reporting year) previous years) Other Means: Other means: other means. Greenspace Grant A ward Date of Award: Date of Award: Date, amount, interest earned, Amount of Award: Amount of A ward: total expenditures, and Balance. Interest: Interest: Minus expenditures: Minus expenditures: Total Balance: Total Balance: Greenspace Funds Expended I, Date: I. Date: Date, Parcel: Parcel: parcel name, Acres: Acres: Amount: Amount: acreage, Interest Interest: amount, Purpose: Purpose: legal interest greenspace purpose served. 2. Date: 2. Date: Parcel: Parcel: Acres: Acres: Amount: Amount: Interest: Inte rest: Purpose: Purpose: 3. Date: 3. Date: Parcel: Parcel: Acres: Acres: Amount: Amount: I merest Interest: Purpose: Purpose: Attach additional sheets as necessary Certification of Local Government Officials [ have reviewed the information present above and certify that it is accurate and correct. I further certify that the-.granLawar.clidentifieciaboy.e,--und-alLinterest-eamed-ther-eoo,were-ex-pended-solely-to-defray-the costs of acquisition of greenspace as defined in O.C.G.A. 9 36-22-1 et seq, or the costs of conservation, scenic, or other easements which contribute to the goals set out for greenspace in O.c.G.A. 9 36-22-2. Lands, or interests in lands, designated as permanently protected greenspace, continue to serve one or more of the statutorily identified goals for greens pace in O.C.G.A. 9 36-22-2, and have not been converted to any other public or private use. Attached is a copy of the most recent annual audit of our capital accounts, which reflects all assets acquired using state greens pace grant funds. I understand the failure to comply with the provisions of the law applicable to's grant award may result in a forfeiture of such grant and the return to the state of any such grant fimgz-rec V;ed. : I 1- c--D/Y',/o I Signature of Chief Elected Official '. , . , Date: Signature of Chief Financial Officer VCi11/J-1c- Au 9 (1A. ~ ~ Date: u-8--C'/ - 11 - Georgia Greenspace Annual Certification Form Instructions for Completion The terms of the Grant Award Agreement require each local government receiving a grant from the Georgia Greenspace Trust Fund to provide an annual certification form to the Department of Natural Resources certifying that all lands purchased entirely or partially with Georgia Greenspace Trust Funds, or interest earned thereon, continue to be used for a Georgia Greenspace Program purpose. This annual certification form should be submitted to the Department of Natural Resources at the time the GRANTEE submits its annual audit to the state as provided in O.C.G.A. 936-81-7. Questions concerning the preparation and submission of this form should be referred to the Georgia Department ofN atural Resources-Greenspace Program (404) 656-5165. Instructions for Completion: I. First Row, First Column: lnsert the name of the local government receiving the Grant A ward. 2. First Row, Second Column: Under the Greenspace Program in effect during the majority of the reporting year. if any, what is the total acreage goal for permanently protected Greenspace in the reportingentity's jurisdiction. Ifthere is no Greenspace Program in effect currently, indicate NONE. 3. First Row, Third Column: Indicate the total acreage goal for permanently protected Greenspace in the reporting entity's jurisdiction under the most recent Greenspace Program in effect prior to the current Program, or if there is no current program, the most recent Greenspace Program. If the goal was the same as the current year information, indicate SAME. 4. Second Row, Second Column: Indicate the total acres of Greenspace lands permanently protected during the reporting year using Greenspace Trust Funds. Additionally, indicate the total acres of Greenspace lands permanently protected during the reporting year using , any other means than GreensQace Trust Funds. This wouJdjn.cJude~donatiQns..oLland..to the program, acquisition of lands using other sources of funds, achieving permanent legal protection on lands already publicly owned, increases in State or Federal lands in the jurisdiction that meet the requirements of the Greenspace Program, recording of private conservation easements on land which meet the requirements of the Greenspace Program, or other means by which permanent legal protection has been achieved on lands meeting one or more of the statutory goals of the Georgia Greenspace Program. 5. Second Row. Third Column: lndicate the total acres of Greenspace lands permanently protected during previous years using Georgia Greenspace Trust Fuilds. Additionally, indicate the total acres of Greenspace lands permanently protected during previous years using any other means than Georgia Greenspac~ Trust Funds. , - 12- 6. Third Row, Second Column: For the reporting year, indicate the Georgia Greenspace Trust Funds available to and used by the Grantee. Indicate the balance of unspent funds from previous awards as well as any award made during the reporting year. This information should be specific to each award received. For example during FY 2001 a county may have received an initial grant of $400,000 on March 15, 200 I and a supplemental grant of $32,000 on June 15,200 I, then for State FY 2002, before any of the FY 2001 funds were spent, the county received the FY 2002 initial grant of $420,000 on August 15, 2002. The amount of each award, the date of the award, the interest earned on that specific award should be indicated. It is recornmended that the oldest grant money be expended first. 7. Third Row, Third Column: Indicate the Georgia Greenspace Trust Funds available and used by the Grantee in previous years. This information may reflect totals awarded during previous years without breaking it out to initial and supplemental awards during each year. The amount of interest earned should be indicated. Expenditures indicated in this column may also be expressed as totals, prior to the current reporting year. 8. Fourth Row, Second Column: For the reporting year, indicate each parcel or interest in land acquired entirely or partially with Georgia Greenspace Trust Funds. Provide the date the interest in land was acquired, the identifying parcel name or number, the number of acres involved, the amount of Greenspace Funds expended, the legal interest acquired (such as a fee simple interest, purchased development rights, a conservation or scenic easement), and the statutory goal the acquired property serves. Additional sheets may be used to provide this information. 9. Fourth Row, Third Column: Attach the parcel information for previousyear's , acquisitions. These may be attached as copies of previous year's submittals. 10. Attach to the certification form a copy of the most recent annual audit of the jurisdiction's capital accounts, which reflects all assets acquired using state greenspace grant funds. II. Signature lines are provided for both the Chief Elected Official and Chief Financial Officer. The appropriate officials should sign and date the form. ] 2. Mail the Georgia Greenspace Annual Certification Form, with one copy of the annual audit of GRANTEE's C.ommunity Greenspace Trust Fund, to: GeorgiaDepartment of Natural Resources Greenspace Program Office 7 Martin Luther King, Jr., Drive, S. W., Room ] 46 Atlanta, Georgia 30334-4002 - 13 .