HomeMy WebLinkAboutDeclaration Of Restrictions And Covenants (2)
Augusta Richmond GA
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Rc'tum to:
,~ James 8, Wall
County Attorney
454 Grcene Street
Augusta, GA 3090 I
Book 007550927 Augusta - Richmond County
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SO 00 DECLARATION RESTRICTIVE COVENA
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STATE OF GEORGIA )
COUNTY OF RICHMOND )
DECLARATION OF RESTRICTIONS AND COVENANTS
This declaration is made this i1st day of September
2001, by
AUGUSTA, 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, ~. A., of Richmond County, Georgia, as Trustee of the Boy Scout Trust Fund,
Georgia-Caroli.na 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
Richmond County in Realty Reel 751
,pages 2239-2242 ; 'a11d
WHEREAS, the Property was acquired with Grant Funds pursuant to the Georgia
Greenspace Program Grant Award Agreement dated June 12, 2001, by and between the State of
Georgia, Department ofNahlral Resources, and Augusta, Georgia attached hereto as Exhibit "B"
(hereinafter the "Agreement"); and
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WHEREAS, Augusta, G~orgia has designated the Property as Greenspace
Property and has promised, inter alia, to operate and maintain such Property in such a manner as
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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 no/100 Dollars
($10.00) and for other good and valuable consideration, including the receipt of said Grant
Funds, the receipt and adequacy of which is hereby acknowledged and intending to be legally
bound, Declarant does hereby subject the property to the covenants, restrictions and rights
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. S36-22-1, et seq.
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(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
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,
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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-.0l, 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 Conservation Easement shall inure to the benefit of the State of Georgia, the
Land Trust, and their respective successors and assigns, and shall be enforceable by the State of
Georgia, its agents or assigns, and Land Trust, its successors and assigns, in the Superior Court
of Richmond County, Georgia.
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5. Severability. In the event that any of the provisions contained in this
Declaration shall for any reason held to be invalid, illegal or unenforceable in any respect in a
final ruling or judgment of a court of competent jurisdiction from which no appeal has been or
can be taken, the remainder of the Conservation Easement shall not be affected thereby and each
term, covenant, condition and provision hereof shall remain valid and enforceable to the fullest
extent permitted by law.
6. General Provisions.
(a) Headings. The use of headings, captions and numbers in this
Declaration is solely for the convenience of identifying and indexing the
various provisions in this Declaration and shall in no event be considered
otherwise in construing or interpreting any provision in this Declaration.
(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.
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(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, 110 IA
By: (!dJ{/? ~~',
As Its: Mayor
By:
Signed, Sealed and Delivered in
the presence of:
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Notary-Puplic, St of GA
'"J,,~Y Commission xpires: fNm PubHc, ~.d County, ~.' ~r~\~
. eclmmlsston Exptres Jan. ~, 2000
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Book 007550933 Augusta - Richmond County
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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 (l5.92 Acres) on a plat of Holiday Hill
prepared for E. L. Jernigan, Sf. 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 l714-1722. 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, Sf. 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 thereff()m is a parcel of land containing 0.53
acres shown as Tract "A" on a plat prepared by A YERCORP,
dated June 2l, 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.
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ALSO EXCEPTED therefrom is a parcel of land 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 Reel 354, 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 land containing 0.85
acres shown on a plat prepared by H. Lawson Grahan1 and
Associates, Inc. dated January 9, 2001 and recorded in said Clerk's
Office in Realty Reel , pages
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EXHIBIT "B"
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Georgia Greenspace Program
Grant Award Agreement
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j THIS AGREEMENT, made and entered into this t~~y of
. ~ J f"'----IZ- , 2001, by and between the State of Georgia, Department of Natural
J; ces (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,
GRANTEE).
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 S 36-22-1 el 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
\VHEREAS, 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. ~ 36-22-1; and
\VHEREAS. the Georgia Greenspace Act established the Georgia Greenspace
Commission (the "Commission") which has the power and duty under the Act to review
greenspace programs submitted by a county, O.C.G.A. S36-22-8, and greenspace
programs in which a county participates with a municipality, O.C.O.A. SS36-22-4(c) and
36-22-6(3), and to determine their eligibility for an award of a greenspace grant,
b.C.O.A. 936-22-8; and
\VHEREAS, 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 O.C.G.A. ~ 36-22-4; and
WHEREAS. OR..-'\NTEE is eligible under the provisions of a.co.A. S 36-22-10
of the Act and the Rules and Regulations of DNR to submit. and has subrpitted. a
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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. 9 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, EICHT 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 O.c.G.A.S
36-22-7 and accepts the Grant Funds 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 Trust Fund.
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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
remaining in GRANTEE'S Community Greenspace Trust Fund account to DNR 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.
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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 subject to a restriction in wTiting 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. 9 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 in 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 W1der this Agreement.
C. AUDIT AND ACCOUNTING
1. Pursuant to a.c.G.A. 9 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 accordance with the generally
accepted government auditing standards as provided in O.C.G.A. 936-81-7, including the
Uniform Chart of Accounts mandated by a.c.G.A. S 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
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digital format provided by the surveyor. This report may be submitted with the opinion
of counsel required by paragraph II. B. above.
III. 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 values of the property, are limit"ed to accommodate
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 l5% 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
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appeal under the Georgia Administrative Procedures Act or any other judicial or appellate
proceedings.
IV. RELATIONSffiP
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
This Agreement commences as the date referenced above and, pursuant to the Georgia
Constitution, Ga. Const. 1983, Art. VII, Sec. III, Para. III, and the legislation creating the
Greenspace Program, O.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 50 of the Official Code of ,Georgia Annotated
pertaining to open meetings, and with Chapter l8-70 et. seq. of Title 50 of the Official
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 i~ writing and signed by-both parties.
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'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.9S45-10-21 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 tIns
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
l. 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
necessary to convert Greenspace Property to property used for some alternative public
purpose. In that event, GRANTEE agrees to the following mandatory requirements for
achieving such a conversion:
(a) GRANTEE may make a proposal to the Commissioner t~ Gl\ANTEE be
permitted to substitute other property which is located entirely in tL l ck.~
County in lieu therefore ("Substituted Property").
(b) The Substituted Property 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'
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converted. The Substituted Property must have been acquired, (or if not yet acquired,
will be acquired) by GR.At'\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 lO 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
establish the fair market value of the Greenspace Property and property GRANTEE
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 greenspaceproperty as
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Book 00755:0943 Augusta - Richmond County
2001032919 10/30/2001 11 :24:13.00
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 ALTA 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.
lO. On sites which are being partially converted, provide an evaluation of the projected
impact of use of the proposed partially converted Greenspace Property on the remaining
Greenspace Property.
11. The information above shall be made available to the public at least lO 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
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Book 007550944 Augusta - Richmond County
2001032919 10/30/2001 11 :24:13.00
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 DEPARTMENT
OF NATURAL RESOURCES
AUGUSTA, GEORGIA
~
By:
Lonice Barrett, Commissioner
Sworn to and subscribed
before me this I cl.. Y--
day of ~. .
2001.
Sworn to and subscribed
before me this 3ft,
day Ofc/~
2001.
~<r:~,~~~
Notary Publi~~~A1h. ........~~,.':.
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Notary Public, Columbia County, Georgia
My Commission Expires Aug. 3, 2002
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Book 00755:0945 Augusta - Richmond County
2001032919 10/30/2001 11 :24:13.00
GEORGIA GREENSPACE ANNUAL CERTIFICATION FORM
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 tram
this reporting year) previous years)
through Trust Funds, and through Other Means: Other means:
other means.
Greenspace Grant A ward Date of Award: Date of A ward:
Date, amount, interest earned, Amount of Award: Amount of Award:
total expenditures, and Balance.
Interest: Interest:
Minus expenditures: Minus expenditures:
Total Balance: Total Balance:
Greenspace Funds Expended I. Date: 1. 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: Interest:
Purpose: Purpose:
3, Date: 3. Date:
Parcel: Parcel:
Acres: Acres:
Amount: Amount:
Intercst Interest:
Purpose: Purpose:
Attach additional sheets as necessary
Certification of Local Government Officials
I have reviewed the information present.above and certify that it is accurate and correct. I further certify
that the grant award identified above, and all interest earned thereon, were expended 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. 936-22-2.
Lands, or interests in lands, designated as permanently protected greenspace, continue to serve one or more
of the statutorily identified goals for greenspace in O.C.G.A. 936-22-2, 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 greenspace grant funds. 1 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 fungz-rec v~ed. :
, ffi I I,' 1 ,11 C-- Date'. & ( rt.,/O /
Signature of Chief Elected 0 Icia .
Signature of Chief Financial Officer
1Je/n'rtu 6 u 9 (.Lfi<- ~ ~
Date: U- 8--01
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Book 007550946 Augusta - Richmond County
2001032919 10/30/2001 11 :24:13.00
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
a.C.G.A. S 36-81-7. Questions concerning the preparation and submission of this form should be
referred to the Georgia Department of Natural Resources-Greenspace Program (404) 656-5165.
Instructions for Completion:
1. First Row, First Column: Insert the name of the local government receiving the Grant
Award.
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 reporting entity's jurisdiction. If there 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 Greenspace Trust Funds. This would include donations of land to
the program, acquisition of lands using other sources of funds, achieving permanentJegal
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: Indicate the total acres of Greenspace lands permanently
protected during previous years using Georgia Greenspace Trust Funds. Additionally,
indicate the total acres of Greenspace lands permanently protected during previous years
using any other means than Georgia Greenspac~ Trust Funds.
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Book 007550947 Augusta - Richmond County
2001032919 10/30/2001 11 :24:13.00
-:
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 200 I 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 recommended 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 previous year'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. '
11. Signature lines are provided for both the Chief Elected Official and Chief Financial
Officer. The appropriate officials should sign and date the form.
12. Mail the Georgia Greenspace Annual Certification Form, with one copy of the annual
audit of GRANTEE's C.ummunity Greenspace Trust Fund, to:
Georgia Department of Natural Resources
Greenspace Program Office
7 Martin Luther King, Jr., Drive, S.W., Room ]46
Atlanta, Georgia 30334-4002
('
- 13 -
Filed in this office:
Augusta - Richmond County
10n00001 1J..:.2...4.:J3_00
Elaine C. Johnson
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GF-C1813- Georgia
Title Insurance Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED THROUGH THE OFFICES OF
Attorneys' Title Guaranty Fund, Inc.
THE GEORGIA A TIORNEYS' ORGANIZA TION SPECIALLY ORGANIZED TO
PROVIDE COMPLETE TITLE ASSURANCE
BY ITS MEMBER
HARRY B. JAMES, III
has caused FIRST AMERICAN TITLE INSURANCE COMPANY to issue this commitment for title
Insurance.
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the
Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance as
idemtified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of
the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and
Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the
time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six (6) months after the Effective Date hereof or
when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to
issue such policy or policies is not the fault of the Company.
This Commitement shall not be valid or binding until Schedule A has been countersigned by either a
duly authorized agent or representative of the Company and Schedule B-1 and B-Il have been attached
hereto.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to
become valid when countersigned by an authorized office~ or agent of the Company, all in accordance with
its By-Laws. This Commitment is effective as ofthe date shown in Schedule A as "Effective Date".
First American Title Insurance Company
BY 4({ c/
ATTEST: /J1 d d!... ~ SECRETARY
PRESIDENT
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ATGF 1813-A
Title Insurance Commitment
(REV 9/78)
Attorneys' Title Guaranty Fund, Inc.
SCHEDULE A
Agent's
File No: 527
Commitment No, GFC 527
Date Effective: August 1, 2001 8:00 P.M.
Amount of Policy: $ 105,000.00
2. Policy or Policies to be issued:
(a) A.L.T.A. Owner's Policy Form - 1992
Proposed Insured: AUGUSTA, GEORGIA, a political subdivision of the State of Georgia
(b) A.L.T.A. Loan Policy - 1992 Amount of Policy:
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is an estate or
interest designated as follows:
Fee Simple
4. Title to the estate or interest in the land described or referred to in this Commitment and covered herein (and
designated as indicated in No.3 above) is, at the effective date hereof, vested in:
Trustees of the Boy Scout Trust Fund, Georgia- Carolina Council, Boy Scouts of America, Inc. their
successors and/or assigns
5. The land referred to in this Commitment is in the State of Georgia County of Richmond
and described as follows:
SEE ATIACHED EXHIBIT "A"
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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 Bladwin & Cranston Associates, Inc. dated
April 9, 1973, and recorded in the Office of 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 Bladwin & Cranston Associated, Inc., dated April 9,1973,
recorded in the Office of the Clerk of Superior 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.
EXECPTED from Parcel IV as aforesaid are Lots 17, 18, 19, and 20, Block A of an
addition and re-subdivision to Unit 1 cB 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 208, pages 1164-1165.
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 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 Reel 354, pages 290-292.
,
ALSO EXCEPTED therefrom is a parcel of land containing 0.5233 acres shown as Tract
"B" on a plat prepared by AYERCORP, 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 Reel 354, 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 EXPECTED therefrom is a parcel of land containing 0.85 acres shown on a plat
prepared by H. Lawon Graham and Associates, Inc., dated January 9, 2001 attached
hereto as Attachment 1, and incorporated herein by reference.
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ATGF 1813,8,1
Title Insurance
Commitment-(REV 9(78)
Attorneys Title Guaranty Fund, Inc.
SCHEDULE 8-1
(Exceptions)
Issuing Office File No,: 527
Commitment No. GF-C527
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to
the satisfaction of the Company,
1. Defects, liens, encumbrances, adverse claims, or other matters. if any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest
or mortgage thereon covered by this Commitment.
2. Any owner's policy issued pursuant hereto will contain under Schedule B the General Exceptions set forth al the inside cover
hereof, Any loan policy will contain under Schedule B General Exceptions 1, 2, 3 & 5 unless a satisfactory survey and inspection
of the premises is made and will contain General Exceptions 4 and 6.
3, In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic installments, then
the policy shall contain an additional exception which shall read as follows:
"Pending disbursement of the full proceeds of the loan secured by the mortgage insured. this policy only insures the amount
actually disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest
to or for the account of the mortgagor up to the amount of the policy. Such disbursement shall not extend the date of the policy or
change any part thereof unless such change is specifically made by written endorsement duly issued on behalf of the Company.
Upon request by the insured (and payment of the proper charges therefor,) the Company will search the public records subsequent
to the date of the policy and furnish to the insured a continuation report showing such matters affecting title to. the land as they have
appeared in the public records subsequent to the date of the policy or the date of the last preceding continuation report. and if such
continuation report shows intervening lien, or liens, or interest to or for the account of the mortgagor, then in such event this policy
does not increase in liability unless such matters as actually shown on such continuation report are removed from the public
records by the insured."
4. All state and county taxes for the year 2001 and all taxes for subsequent years.
5. The exact location of boundary lines, unrecorded easements, possible encroachments and other facts or conditions which would
be disclosed by an accurate survey and inspection of the property; possible liens of architects, laborers or materialmen for
improvements of the property, not filed for record at the effective date hereof, and rights, if any, of persons who may be in
possession under claims not appearing of record.
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ATGF 1813,8-11
Title Insurance
Commitment
(REV, 8/78)
Attorneys Title Guaranty Fund, Inc.
SCHEDULE 8-11
(Requirements)
Agent File No, 527
Commitment No, GF-C 527
REQUIREMENTS TO BE COMPLIED WITH, DEFECTS AND OBJECTIONS TO BE REMOVED OR ELIMINATED AND LIENS
AND ENCUMBRANCES TO BE SATISFIED AND DISCHARGED OF RECORD BEFORE POLICY OF TITLE INSURANCE WILL
BE ISSUED WITHOUT EXCEPTION THERETO.
Item 1. Proper documents creating the estate or interest to be insured must be executed and duly filed for record, to wit:
a, Limited Warranty Deed conveying Fee Simple Title to the within described parcels from the Trustees of the Boy
Scout Trust Fund, Georgia-Carolina Council, Boy Scouts of America, Inc., to the City of Augusta, Georgia,
referencing that the State of Georgia is a third-party beneficiary under the Georgia Greenspace Program and the
specific language as required for the acquisition of Greenspace Property When Grant Funds are used.
Item 2. Submit proof satisfactory to the Company of the payment to, or for the account of, the sellers or mortgagors of the full
consideration for the estate or interest to be insured,
Item 3, Submit proof satisfactory to the Company of rights or claims of parties in possession.
Item 4. Submit proof satisfactory to the Company showing full payment for all labor performed, services and materials furnished
within the period provided by law for filing claims of liens.
Item 5. Submit proof satisfactory to the Company covering all questions of accuracy or location of boundary lines, location of
improvement, encroachments, easements, area and all other matters whatsoever which an accurate survey might show.
Exception will be made only to such matters adversely affecting title as are disclosed by such survey.
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STANDARD EXCEPTIONS FOR OWNER'S POLICY
The owner's policy will be subject to the mortgage, if any, noted under item one of Item 4
of Schedule B-1 hereof and to the following general exceptions:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by an accurate surveyor inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Any adverse claim to any portion of said land which has been created by artifical means
or has accreted to any such portion so created and riparian rights, if any.
6. Taxes or special assessments which are not shown as existing liens by the public records.
CONDITIONS AND STIPUA TIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other
security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance,
adverse claim or other matter affecting the estate or interest or mortgage thereon covered by
this Commitment other than those shown in Schedule B-1 and Schedule B-II hereof, and
shall fail to disclose such knowledge to the Company in writing, the Company shall be
relieved from liability for any loss or damage resulting from any act of reliance hereon to the
extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed
Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adverse claim, or other
matter, the Company at its option may amend Schedule B-1 and/or Schedule B-II of this
Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
I
3. Liability of the Company under this Commitment shall be only to the named proposed
Insured and such parties included under the definition of Insured in the form of policy or
policies committed for and only for actual loss incurred in reliance hereon in undertaking in
good faith (a) to comply with the requirements hereof, or (b) to e~iminate exceptions shown
in Schedule B-1 or (c) to acquire or create the estate or interest or mortgage thereon covered
by this Commitment. In no event shall such liability exceed the amount stated in Schedule
A for the policy or policies committed for and such liability is subject to the insuring
provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring
against the Company arising out of the status of the title to the estate or interest or the status
of the mortgage thereon covered by this Commitment must be based on and are subject to
the provision~ of this Commitment.
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Schedule A for use with Owner's Policy
Attorneys 1 Title Guaranty Fund, Inc.
SCHEDULE A
Agent's File No:
527
Policy No. GF-OP-53893
Date of Policy:
October 30,2001 2:00 P.M.
Amount of Insurance: $105,000.00
1. Name of Insured: AUGUSTA, GEORGIA, a political Subdivision of the State of Georgia
2. The estate or interest in the land described herein and which is covered by this policy is an estate or interest designated as
follows:
Fee Simple
3. Title to the estate or interest referred to herein is at the Effective Date of this Policy vested in the Insured.
4. The land herein described is encumbered by the following mortgage and assignments; if any: None
And the mortgages, if any, shown in Schedule B hereof.
5. The land referred to in this policy is in the State of
and is described as follows:
Georaia
County of
Richmond
SEE ATTACHED SCHEDULED A (CONTINUED)
By:
'.
ATGF 1056
All Policy Forms
(REV 9/78)
Attorneys' Title Guaranty Fund, Inc.
SCHEDULE
A
(Continued)
Agent's
File No: 527
Commitment No. GF- 527
Policy No. GF-53893
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 Bladwin & Cranston Associates, Inc. dated April 9, 1973, and recorded
in the Office of 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 Bladwin & Cranston
Associated, Inc., dated April 9, 1973, recorded in the Office of the Clerk of Superior 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.
EXECPTED from Parcel IV as aforesaid are Lots 17, 18, 19, and 20, Block A of an addition and re-
subdivision to Unit 1-8 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 208,
pages 1164-1165.
ALSO EXCEPTED therefrom is a parcel of land containing 0.53 acres shown as Tract "A" on a plat
prepared by AYERCORP, dated June 21,1990, attached to 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 Reel 354, pages 290-292.
ALSO EXCEPTED therefrom is a parcel of land containing 0.5233 acres shown as Tract "B" on a
plat prepared by AYERCORP, 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 Reel 354, 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 land containing 0.85 acres shown on a plat prepared by H.
Lawon Graham and Associates, Inc., dated January 9,2001 attached hereto as Attachment 1, and
incorporated herein by reference.
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Schedule B For Use With Owner's Policy
Attorneys 1 Title Guaranty Fund, Inc.
SCHEDULE B
Agent's File No:
Policy No, GF-OP-53893
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses which arise by
reason of the following exceptions:
General Exceptions:
1 . Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor
inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown
by the public records,
5. Any adverse claim to any portion of said land which has been created by artificial means or has accredit to any such
portion so created and riparian rights, if any.
6. Taxes or special assessments which are not shown as existing liens by the public records.
Special Exceptions
7. The mortgage, if any, referred to in Item 4 of Schedule A.
8. The lien of all taxes for the year 2001 , and all subsequent years.
9. Declaration of Restrictions and Covenants recorded in Realty Reel 755, beginning at page 927, dated September 21,
2001, aforesaid records, but this policy insures that a violation thereof will not cause a forfeiture or reversion of title.
. "..
,. .
The coverage of this policy shall continue in force as of Date
of Po/icy in favor of an insured only so long as the insured
, retains an estate or interest in the land, or holds an indebted-
ness secllred by a purchase money mortgage given by a
purchaser from the IIlsured, or only so long as the insured shall
have liability by reason of covenants of warranty made by the
Insured In any transfer or conveyance of the estate or interest.
This policy shall nat cantinue in force in favor of any purchaser
from the insured of either (i) an estate or interest in the land .or
(ii) an indebtedness secured by a purchase money mart gage
given to the InSllred,
3. NOTICE OF CLAIM TO BE GIVEN BV
INSURED CLAIMANT,
. The insured shall notify the Camp any promptly in writing (i)
In case of any litigatian as set farth in Sectian 4(a) below, (ii) in
case knawledge shall came ta an insured herellnder .of any
claim .of title or Interest which IS adverse to the title to the
estate .or interest. as insurert, and which might cause lass or
damage for"which the Campany may be liable by virtue .of this
palicy, .or (III) If title to the estate .or interest, as inSllred, is
relected as unmarketable, If prampt natice shall nat be given ta
the Campa ny, then as ta the insllred all liability of the Com,
pany shall terminate with regard ta the matter .or matters for
which prampt natice is reqll\red: pravided, hawever, that
failure to notify the Company shall in no case prejudice the
fights of any insured under this policy unless the Company
shall be prejudiced by the failure and then only to the extent of
the prejudice,
4. DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon wflttenrequest by the insured and sllbject to
the options contained In Section 6 of these Conditions and
Stipulations, the Company, at its own cost andwithoutllnrea,
sanable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to
the title A interest as insured, but .only as to those stated
causes of acfion al/eging a defect. lien or encumbrance or other
matter insured against by this policy, The Company shall have
the fight to select counsel of its choice (subject to the right of
the insured to object for reasonable cause) to represent the
Insured as to those stated causes of action and shall not be
liable for and will not pay the fees of any other counseL The
Company will not pay any fees, costs or expenses incurred by
the IIlsured In the defense of those causes of action which
allege matters not insllred against by this policy,
, . (b) The Company shall have the right, at its own cost. to
institute and prosecute any action or proceeding or to do any
other act which In ItS opinion may be necessary or desirable to
establish the title to the estate or Interest, as insured, or to pre-
vent or reduce loss or damage to the insured The Company
may take any appropriate action under the terms of this policy
whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this po/icy,
If the Company shall exercise ItS rights under this paragraph
It shall do so diligently ,
, (c) Whenever the Company shall have brought an
actlonor IIlter'posed a defense as required or permitted by the
prOVISions of ,hiS pol,lcy, the Company may pursue any litiga-
tion to final deternllnatlon by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to
appeal from any adverse judgment or order, '
(d) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
or proceeding, the Insured s.hall secure to the Company the
nghtto so prosecute or provide defense in the action or pro-
ceedll1g" and all appeals therell1, and permit the Company to
use, at ItS option, the name of the insured for this purpose,
Whenever requested by the Company, the insured, at the Com-
pany's ex~ense, shall give th'e Company all reasonable aid (i)
In any action or proceeding, seCllring evidence, obtaining wit,
nesses, prosecuting or defending the action or proceeding, or
eflecllng settlement. ~nd (II) In any other lawful act which in ,
the opinion of the Company may be necessary or desirable to
establish the title to the estate or'interest as insured, If the
Company is prejudiced by the failure of the insured to furnish
the required cooperation, the Company's obligations to the
II1sllred under the policy shall terminate, inclllding any liability
or obligation to defend, prosecute, or continue any litigation,
With regard 10 the matter or matters requiring such coo;Jeration,
5. PROOF OF lOSS OR DAMAGE.
In addition ta and alter the notices required lInder Section 3
of these Conditions and Stipulations have been provided the
Company, a proof of loss or damage signed and sworn to by the
II1sllred claimant shall be furnished to the Company Within 90
days alter the II1sllred claimant shall ascertain the facts giving
rise to the loss or damage, The proof of loss or damage shall
descnbe the defect 111, or lien or encumbrance on the title or
other matter insured against by this policy which constitutes
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tender of payment and which the Company is obligated to pay,
, , ,(II) upon th,e e~erclse by the Company of this option,
all liability and .obligations to the II1sured under this palicy,
ather than to make the payment required, shall terminate,
including any liability .or .obligation to defend, prosecute, or
continue any litigation, and the policy shall be surrendered to
the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than,
the Insured or With the Insured Claimant.
, (i) to payor otherwise settle with other parties for or
In the r,Jme of an II1sured claimant any claim insured against
lInder thiS policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and
which the Campany is obligated to pay; or
(ii) to payor otherwise settle with the insured claim-
ant the loss or damage provided for under this policy, together
With any costs, attorneys' fees and expenses incurred by the
II1sllred claimant which were authorized by the Company up to
the time of payment and which the Company is obligated
to pay,
Upon the exercise by the Company of either of the options
prOVided for 111 paragraphs (b)(l) or (ii), the Company's obli,
gatlons to the insured under this pOlicy for the claimed loss or
damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, pros,
ecute or continue any litigation,
7, DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE.
This poliCY is a contract of indemnity against actllal
monetary loss or damage sustained or II1cllrred by the insured
claimant who has suffered loss or damage by reason of mat-
ters insllred against by this poliCy and only to the extent herein
described,
(a) The liability of the Company lInder this policy shall
not exceed the least of:
(i) the Amount of Insurance stated in Schedule A' or
(ii) the difference between the vallie of the insu'red
estate or interest as insured and the value of the insured
estate or interest subject to the defect, lien or enCllmbrance
II1sured against by this policy,
(b) In the event the Amount of Insurance stated in
Schedule A at the Date of Policy is less than 80 percent of the
value of the insured estate or interest or the full consideration
paid for the land, whichever is less, or if subsequent to the Date
of Policy an improvement is erected on the land which in-
creases the value of the insured estate or interest by at least
20 percent over the Amollnt of Insllrance stated in Schedule A
then this Policy is subject to the following: '
(I) where no subseqllent improvement has been
made, as to any partial loss, the Company shall only pay the
loss pro rata 111 the proportIOn that the amount of insurance at
Date of Policy bears fa the total vallie of the insured estate or
interest at Date of Policy; or (ii) where a subsequent
Improvement has been made, as to any partial loss, the Com,
pany shall only pay the loss pro rata in the proportion that t 20
percent of the Amount of Insllrance stated in Schedule A bears
to the sum o~ the Amount of Insllrance stated in Schedllle A and
the amount expended for the ir:lprovement,
The pr9visions of this paragraph shall not apply to costs,
attorneys fees and expenses for which the Company is liable
under thiS, policy, and shall only apply to that portion of any
loss which exceeds, in the aggregate, 10 percent of the
Amount of Insllrance stated in Schedule A
(C) The Company will pay only those costs, attorneys' fees
. and expenses IIlcllrred 111 accordance with Section 4 of these
Conditions and Stipulations,
8. APPORTIONMENT.
If the land described'in Schedule (A)(C) consists of two or
more parcels which are not used as a single site and a loss is
established affecting one or more of the parcels but not all, the
loss shall be computed and settled an a pro rata basis as if the
amount of insurance under this policy was divided pro rata as
to the vallie on Date of Policy of each separate parcel to the'
whole, exclusive of any improvements madesllbseqllent to
Date of POliCY, lInless a liability or vallie has ctherwise been
agreed lIpan as to each parcel by the Company and the insured
at the time of the ISSllance of this policy and shown by an ex-
press statement or by an endorsement attached to this policy,
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the
alleged defect, lien or encumbrance, or cllres the lack of a right
of accessto or from the land, or cures the claim of unmarket-
ability of title, all as II1sured, in a reasonably diligent manner by
any method, Includll1g Iitrgatlon and the completion of any
appeals therefrom, It shall have fully performed its obligations
With respect to that matter and shall not be liable for any loss
or damage caused thereby,
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the Company unaflected by any act of the insured claimant.
The Company shall be subrogated ta and be entitled ta all
rights and remedies which the insured claimant wauld have
had against any person or property in respect to the claim
had this palicy not been issued, If requested by the Cam-
pany, the insllred claimant shall transfer to the Company all
rights and remedies against any person or property
necessary III order to perfect this right of subrogation, The
insured claimant, shall permit the Company to sue, com-
pramlse or settle 111 the name .of the insured claimant and to
use the name of the insured claimant in any transaction or
litigation Involving these rights or remedies,
If a payment on account of a claim does not fully caver the
loss of the insured claimant, the Company shall be sub-
ragated to these rights and remedies in the propartian which
the Company's payment bears to the whole amount of
the loss,
It loss should result fram any act of the insured claimant
as stated above, that act shall not void this policy, but the
Company, III that event, shall be required to pay only that
part of any losses II1sured against by this policy which shall
exceed the amount, if any, lost to the Company by reason .of
the Impairment by the insured claimant of the Company's
right of sllbrogation, ,
(b) The Company's Rights Against non-insured
Obligors,
, The Company's righf of subrogation against non-
IIlsured obligars shall exist and shall include without limita-
tion, the ri9hts of the insured ta indemnities, guaranties;
other poliCies .of Insurance or bonds, natwithstanding any
terms or cDndltlOns contallled In those instruments which
provide for subrogation rights by reason .of this policy,
14.'ARBITRATlON.
Unless prohibited by applicable law. either the Campany
or the IIlsured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration
Association, Arbitrable matters may include, but are nat
limited to. any contrDversy or claim between the Company
and the IIlsured arrslllg out of or relatlllg to this po/icy, any
service of the Company in connection with its issuance or
the breach of a policy provision or other .obligation, All
, arbitrable matters when the Amaunt of Insurance is
$1,000,000 or less shall be arbitrated at the option of either
the Company or the insured, All arbitrable matters when the
Amount .of Insllrance is in excess of $1,000,000 shall be
arbitrated only when agreed ta by both the Company and the
insured, Arbitration pursuant to this po/icy and under the
Rules in effect on the date the demand for arbitration is made
or, at the aptian of the insured, the Rules in effect at Date .of
Policy shall be binding upon the parties, The award may
IIlclude attorneys' fees only if the laws of the state in which
the land is lacated permit a court to award attarneys' fees to
a prevailing party, Judgment upon the award rendered by the
Arbltrator(s) may be entered in any court having juris-
diction thereof,
The law of the sitlls of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules,
A copy of the Rules may be .obtained fram the Company
upon request.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
, (al This palicy together with all endarsements, if any,
attached hereto by the Company is the entire pOlicy and con-
tract between the insured and the CDmpany, In interpreting
any provisian of this ~olicy, this policy shall be cDnstrued as
a whole,
(b) Any claim of loss or damage, whether or not based
on negligence, and which arises out of the status of the title
to the estate or interest covered hereby or by any actian as-
serting such claim, shall be restricted to this policy,
(c) No amendment of or endorsement to this policy
can be made except by a writing endorsed hereon .or
attached hereto signed by either the President, a Vice Presi-
dent, the Secretary, an Assistant Secretary or validating
officer or authorized signatory of the Comparly
16. SEVERABILITY.
In the event any provision of the policy is held invalid .or
unenforceable under applicable law, the po/icy shall be
deemed not to IIlclude that provision and all other provisions
shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any
statement 111 wrltlllg reqUired to be furnished the Company
shall Include the number .of this policy and shall be
addressed to the Campany at114 East Fifth Street, Santa
Ana, California 92701, or to the office which issued this
policy,
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