HomeMy WebLinkAboutState Of Georgia Department Of Natural Resources
Augusta Richmond GA
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YEAR: 02.
BOX NUMBER: J L\
FILE NUMBER: I j qoo
NUMBER OF PAGES: .3 0..
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ArrORNEY
LEE Bf:ARD
TOMMY HOYLES
ULMER BRIDGES
ANDY CHEEK
BOBBY G. HANKERSON
WILLIAM B. KIIIILKE, ./R,
WM, "WILLIE" H. MAYS. III
STEPHEN E. SHEPARD
MARION WILLlM1S
BOB YOUNG
Mayor
P.O, Box2125
454 GREENE STREET
AUGUSTA, GA 30903
Bl1~. (706) 821-2488
FAX No: (706) 722.5984
E.MAIL: JWALL@CO.RICHMONJ).GA.lI~
June 27, 2002
GEORGE R. KOLB
Administrator
RIClIAIW L. COLCLOUGH
Mayor Pro Tem
Ms. Lena Bonner
Clerk of Commission
City-County Municipal Building
530 Greene Street; 8th Floor
Augusta, Georgia 30911
RE: Closings
Dear Ms. Bonner:
Enclosed for your files, please find the following:
Commitment for Title Insurance (original);
Final Title Policy (original); and
Modification of Declaration and Restrictions
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The original deed of conveyance and Declaration of Restrictions and Covenants
were forwarded to you under cover of letter dated January 29, 2002.
1 .
2.
3.
and Covenants
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All documents referenced herein should be retained as a part of the City's
permanent records.
Should you have any questions, please don't hesitate to call.
~ere. Ilyy". ~ ~. n
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Shannon M. Mitchell, Paralegal
City Attorney's Office
Augusta, Georgia
Ism
Enclosures
cc: George Patty, Planning & Zoning (wI copies)
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
TOMMY BOYLES
ULMER BRIDGES
ANDY CHEEK
BOBBY G. HANKERSON
WILLIAM B. KUHLKE, JR.
WM. "WILLIE" H. MAyS, III
STEPHEN E. SHEPARD
. MARION WILLIAMS
BOB YOUNG
Mayor
P.O. Box2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus. (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: JWALL@co.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
RICHARD L. COLCLOUGH
Mayor Pro Tern
June 27, 2002
State of Georgia, Department of Natural Resources
205 Butler Street; Suite 1252
Atlanta, Georgia 30334
Augusta, Georgia
c/o Lena Bonner, Clerk of Commission
530 Greene Street; Room 806
Augusta, Georgia 30911
RE: Georgia Greenspace Program Grant Award Agreement
Southern Specialty Development Corporation
Our File No. AR-38-005-01
Dear Sirs and Madam:
This is to certify that we have examined the title to the above said property in
the proper office and, based on this examination, it is our opinion that fee simple title
to the hereinafter described property is vested in Augusta, Georgia by virtue of.a deed
from Southern Specialty Development Corporation; said deed being dated December
27, 2001, and filed of record in the Office of the Clerk of the Superior Court for
Richmond County, Georgia, at Realty Book 767, page 2183, et ~ The property,
described in Exhibit "A" attached hereto, is free and clear- of any encumbrances,
except as set forth herein, to-wit:
1, A third-party interest held by the State of Georgia as referenced in the
Georgia Greenspace Program Grant Award Agreement dated June 12,
2001, and filed of record in the Office of said Clerk at Realty Book 755,
pages 935-947 ("Agreement"). Said thirty-party beneficiary has the
right to enforce the terms and conditions of the Agreement specifically
in equity and at law.
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Augusta, Georgia and
State of Georgia, Department of Natural Resources
June 27, 2002
Page Two of Three
2. Rights and interests of parties in possession, if any.
3. Facts which might be disclosed by a physical inspection of said property
or a current, accurate survey thereof.
4. Unrecorded claims of liens for labor, materials and services furnished for
the improvement of said property.
5. Compliance with any consumer protection, truth-in-Iending or similar
laws.
6. Matters affecting the title to said property which are either not of record
or are not indexed in such manner as to be revealed by a reasonable and
prudent search.
7. All applicable zoning laws, ordinances, regulations and all other
governmental regulations pertaining to the use and occupancy of the
property as set forth in the Agreement.
8. This opinion does not address whether or not this property is in an area
designated as having special flood hazards.
9. Declaration of Restrictions and Covenants executed QY Au'gusta,
Georgia, dated December 27, 2001, and filed of record in the in the
Office of the Clerk of the Superior Court for Richmond County, Georgia
in Realty Book 770, page 295, et seq., restricting the property to
Greenspace property; said Declaration being '-modified by corrective
instrument filed of record in the Office of said Clerk at Realty Book 795,
pages 1728-1729.
Also enclosed herewith are copies of the following: (1) Commitment for Title
Insurance; (2) Final Title Policy; (3) recorded deed of conveyance; (4) recorded
Declaration of Restrictions and Covenants; and (5) Modification of Declaration and
Restrictions and Covenants, the originals of which have been forwarded to the Clerk
of Commission by separate I~tter.
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Augusta, Georgia and
State of Georgia, Department of Natural Resources
June 27, 2002
Page Three of Three
By:
454 Greene Street
Augusta, Georgia 30901
(706) 821-2488
cc: George Patty, Planning & Zoning
/
Ja es B. Wall
C. y Attorney
EXHIBIT "A"
All those tracts or parcels of land, together with improvements thereon,
situate, lying and being in the State of Georgia and County of Richmond
containing 32.00 acres designated as "Tract A" and 4.05 acres designated
as "Tract B" on a certain plat prepared by James G. Smith & Associated
for Augusta, Georgia, dated October 24, 2001, and recorded in the Office
of the Clerk of the Superior Court for Richmond County at Realty Book
765, page 121 and by reference incorporated herein for a more particular
description.
PIN No. 165-0-108-00-0 2635 Spirit Creek Road
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~~turn ;.p: County Attorney
,- , 454 Greene Street
A~gusta, GA 30901
~OOk 007951728 Augusta - RICh~ond C --
",00201971806/1912002162248.00 ounty
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200201971 B Augusta - Richmond County
STATE OF GEORGIA
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MODIFICATION OF DECLARATION OF
RESTRICTIONS AND COVENANTS
COUNTY OF RICHMOND
The affected instrument and its respective corrections are as follows:
1. Declaration of Restrictions and Covenants, dated December 27,
2001, and filed of record in the Office of the Clerk of the Superior Court for
Richmond County, Georgia at Realty Book 770, pages 295-299.
Addition to Declaration of Restrictions and Covenants
"Grant Agreement" shall mean that certain Georgia Greenspace Program
Grant Award Agreement dated June 12, 2001, by and between the State of
Georgia, Department of Natural Resources, and Augusta, Georgia; said
Agreement being filed of record in the Office of the Clerk of the Superior
Court for Richmond County, Georgia at Realty Book 755, pages 935-947."
The remaining terms and provisions of the instrument referred to above, which is
unaffected hereby, shall remain in full force and effect.
IN WITNESS WHEREOF, the this corrective instrument has been executed by
and through authorized officials and their seals, if appropriate, affixed the day and the
year first above-written as the date of these presents.
[SIGNATURES ON FOLLOWING PAGE]
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Book 007951729 Augusta. Richmond County
2002019718 06/19/2002 16:22:48.00
DE~LA NT:
AU U A, E
~BY:
. . As Its: Mayor
ATTEST
By:
Cle
Signed, Sealed ~nd ?eliVered in
the pre ~q
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g~o.~c~ Th-~dhV
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Notary Public
Richmond County, Georgia
My Commission Expires:
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Filed in this office
Augusta - Richmond County
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Elc'lne C Johnsor,
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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 ITORNEYS' ORGANIZA nON 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
identified 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-II 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 officer or agent of the Company, all in accordance with
its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date".
First American Title Insurance Company
BY 4({ c/
A7TEST: 171 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: 540
Commitment No. GFC 540
Date Effective: May 16, 2002 4:00 P,M.
Amount of Policy: $175,000.00
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:
AUGUSTA, GEORGIA
5. The land referred to in this Commitment is in the State of Georgia County of Richmond
and described as follows:
All those tracts or parcels of land, together with improvements thereon, situate, lying and being in the State
of Georgia and County of Richmond containing 32.00 acres designated as "Tract A" and 4.05 acres
designated as "Tract B" on a certain plat prepared by James G. Smith & Associates for Augusta, Geo'rgia,
dated October 24, 2001, and recorded in the Office of the Clerk of the Superior Court for Richmond County
at Realty Book 765, page 121 and by reference incorporated herein for a more particular description.
PIN No. 165-0-108-00-0 2635 Spirit Creek Road.
By:
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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,: 540
Commitment No, GF-C 540
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 macle 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 2002 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 1813-6-11
Title Insurance
Commitment
(REV. 8/78)
Attorneys Title Guaranty Fund, Inc.
SCHEDULE B-1!
(Requirements)
Agent File No, 540
Commitment No. GF-C 540
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 tracts from Southern Specialty
Development Corporation to 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.
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 eliminate 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 provisions of this Commitment.
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The cover age of this policy shall continue In force as of Oate
of Policy in favor of an insured only so long as the insured
- retains ar. estate or interest in the land, or holds an indebted-
ness secured by a purchase money mortgage given by a
purchaser from the Insured. 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 not continue 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 mortgage
given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY
INSUREO CLAIMANT.
The insuredshall notify the Company promptly in writing (II
in case of any litigation as set forth in Section 4( a) below. (Ii) in
case knowledge shall come to an insured hereunder of any
claim of title or interest which is adverse to the title to the
estate or Interest. as insurec1, and which might cause loss or
damage for which the Company may be liable by virtue of this
policy. or (iiil if title to the estate or Interest, as Insured, IS
rejected as unmarketable If prompt noticeshal.1 not be given to
the Company. then as to the Insured all liability of the Com-
pany shall terminate with regard to the matter or matters for
which prompt notice IS reqUired provided, however. 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 wrlttenrequest by the insured and subject to
the options contained In Section 6 of these Conditions and
Stipulations, the Company, at its own cost and without unrea-
sonable delay. shall provide for the defense of an Insured in
litigation in which any third party asserts a claim adverse to
the title..r interest as insured, but only as to those stated
causesot action alleging a defect. lien or encumbrance or other
matter Insured against by this policy. The Company shall have
the right to select counsel of its choice (subject to the fight of
the insured to object for reasonable cause) to represent the
rnsured as to those stated causes of action and shall not be
liable for and 1'1111 not pay the fees of any other counsel The
Company will not pay any fees. costs or expenses incurred by
the Insured In the defense of those causes of action which
allege matters not Insured against by this poliCy.
. . (b) The Company shall have the right. at its own cost. to
rnstltute alld 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 rnsured. The Company
may take any appropriate action under the terms of this policy
whether or not it shall be liable hereunder. and shall noi
thereby concede liability or waive any provision of this policy.
If the Company shall exercise Its rights under this paragraph.
It shall do so diligently
(cl Whenevel the Company shall have brought an
actlonor Interposed a defense as required or permitted by the
prOVISions of thiS policy, the Company may pursue any litlga'
tlon to frnal determination by a court of competent Jurisdiction
and expreSSly reserves the right. in its sole discretion. to
appeal trom any adverse Judgment or .order
Id) In all cases where this policy permits or requires the
Company to prosecute 01 prOVide for the defense of any action
or proceeding. the Insured shall secure to the Company the
fight to so prosecute or prOVide defense in the action or pro.
ceedlng. and all appeals therein. and permit the Company to
use. at Its option, the name oj the insured for this purpose
Whenever requested by the Company. the insured. at the Com-
pany's expense. shall give the Company all reasonable aid (I)
10 any action or proceeding. securrng evidence. obtaining wit-
nesses. prosecuting or defendrng the action or proceeding. or
effect 109 settlement. and (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
Insured under the poliCY shall terminate, rncluding any liability
or obligation to defend. prosecute or continue any I!tigation.
With regard to the matter or matters requiring such coo~eration
5, PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3
of these Conditions and Stipulations have been provided the
Company. a proof of loss or damage signed and sworn to by the
Insured claimant shall befurnlshed to the Company within 90
days after the Insured claimant shall ascertain the facts giving
flse to the loss or damage The proof of loss or damage shall
describe the defect In. or lien or encumbrance on the title or
other matter insured against by thiS poliCY which constltuies
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tender of payment and which the Company is obligated to pay.
. . (II) upon fhe exercise by the Company of this option,
all liability and obligations to the insured under this policy,
other 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 Pavor Otherwise Settle With Parties Other than.
the Insured or With the Insured Claimant
. (i) to payor otherwise settle With other parties for or
10 the r,Jme of an Insured claimant any cldim insured against
under 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 Company 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
Insured 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 In paragraphs (b)(i) or (ii). the Company's obli-
gations to the Insured under thiS poliCY for the claimed loss or
damage. other than the payments required to be made, shall
terminate, rncludrng 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 actual
monetary loss or damage sustained or incurred by the insured
claimant who has suffered loss or damage by reason of mat-
ters Insured against by this pOlicy and only to the extent herein
described
(a) The liability of the Company under this policy shall
not exceed the least of
(I) the Amount of Insurance stated In Schedule A; or,
III) the difference between the value of the insured
estate or Interest as insured and the value of the insured
estate or interest subject to the defect. lien or encumbrance
insured 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 ot the Insured estate or interest or the full consideration
oaid 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 IOterest by at least
20 percent over the Amount of Insurance stated in Schedule A.
then this PoliCY is subject to the following
(i) where no subsequent Improvement has been
made, as to any partial loss, the Company shall only pay the
loss pro rata In the proportion that the amount of insurance at
Date of Policy bears to the total value 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 120
percent of the Amount of Insurance stated in Schedule A bears
to the sum of the Amount of Insurance stated in Schedule A and
the amount expended for the ir;lprovement
The pr?visions 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 Insurance stated in Schedule A
IC) The Company will pay only those costs. attorneys' fees
and expenses Incurred in accordance with Section 4 of these
Conditions and Stipulations.
8. APPORTIONMENT,
If the land described In Schedufe IA)(C) consists of two or
more parcels which are not used as a single site and a loss is
established affecting one or more ot the parcelS but not all, the
loss shall be computed and settled on a pro rata basis as if the
amount of Insurance under thiS policy was divided pro rata as
to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to
Date of POliCY, unless a liability or value has ctherwise been
agreed upon as to each parcel by the Company and the insured
at the time of the Issuance of this policy and shown by an ex-
press statement or by an endorsement attached to this policy.
g, LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the
alleged defect. lien or encumbrance. or cures the lack of a right
of access to or from the land. or cures the claim of unmarket-
ability ot title, all as insured, In a reasonably diligent manner by
any method. Includrng litigation 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 ~ompany u~affected by any act of the insured claimant
The Company shall be subrogated to and be entitled to all
rights and remedies which the insured claimant would have
had against any person or property in respect to the claim
had thiS policy not been issued. If requested by the Com-
pany, the IOsured claimant shall transfer to the Company all
rights and remedies againsf any person or property
necessary In order to perfect this right of subrogation. The
Insured claimant. shall permit the Company to sue, com-
promise or settle 10 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 cover the
loss of the insured claimant. the Company shall be sub-
rogated to these fights and remedies in the proportion which
the Company's payment bears to the whole amount of
the loss.
If loss should result from any act of the insured claimant
as stated above, that act shall not void this policy. but the
Company, In that event, shall be required to pay only that
part of any losses Insured 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 subrogation.
(b) The Company's Rights Against non-insuled
Obligors.
. The Company's right of subrogation against non-
Insured obligors shall eXist and shall Include, without limita-
tion, the rights ot the insured to indemnities, guaranties:
other poliCies of Insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, either the Company
or the rnsured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are nof
limited to. any controversy or claim between the Company
and the Insured arlSrng out of or relatlOg to this policy, 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 Amount of Insurance is
$1,000.000 or less shall be arbitrated at the option of either
the Company or the insured. All arbitrable matters whe,lthe
Amount of Insurance is 10 excess of $1,000,000 shall be
arbitrated only when agreed to by both the Company and the
Insured Arbitration pursuant to this policy and under the
Rules in effect on the date the demand for arbitration is made
or, at the option of the insured, the Rules in effect at Date at
Policy shall be binding upon the parties. The award may
Include attorneys' fees only if the laws of the state in which
the land is located permit a court to award attorneys' 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 situs of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company
upon request.
15, LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
(a) This policy together wifh all endorsements, if any,
attached hereto by the Company is the entire pOlicy and con-
tract between the insured and the Company. In interpreting
any prOVision of this ~olicy, this policy shall be construed 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 action as-
sertlOg such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy
can be made except by a writ ing 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 Company
16, SEVERABILITY,
In the event any provision of the pOlicy is held invalid Of
unenforceable under applicable law, the policy shall be
deemed not to include 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 in writing required to be furnished the Company
shall Include the number .of this policy and shall be
addressed to the Company at 114 East Fifth Street, Santa
Ana, California 92701, or to the office which issued this
policy.
,
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ATGF-1812-B
AL T A SHORT FORM
RESIDENTIAL LOAN POLICY
(10/17/92)
f .,_, GF-SB-
SHORT FORM RESIDENTIAL LOAN POLiCY
ONE-TO-FOUR FAMILY
15555
Issued by .
First American Title Insurance Company
through its authorized agent for Georgia
Attorneys' Title Guaranty Fund, Inc.
SCHEDULE A
Amount of Insurance:
$175,000.00
Mortgage Amount:
File Number:
540
Loan Number:
Mortgage Date:
Date of Policy: June 12, 2002
(or the date of recording of the
insured mortgage, whichever is later.)
Name of Insured:
Augusta, Georgia; a political subdivision of the State of Georgia
Name of Borrower(s):
Property Address:
Tract A and Tract B, Spirit Creek Road
County and State:
Richmond County, Georgia
The estate or interest in the land identified in this Schedule A and which is encumbered by the insured
mortgage is fee simple and is at Date of Policy vested in the borrower(s) shown in the insured mortgage and named
above.
The land referred to in this policy is described as set forth in the insured mortgage and is identified as the
property address shown above.
This policy consists of one page, including the reverse side hereof, unless an addendum is attached and .
indicated below:
[ ] Addendum attached
[ X ] No addendum attached
The AL TA endorsements indicated below are incorporated herein:
]Endorsement 4 (Condominium)
] Endorsement 6 (Variable Rate)
]Endorsement 4.1 (Condominium)
] Endorsement 6,2 (Variable Rate-
Negative Amortization)
]Endorsement 5 (Planned Unit Development)
] Endorsement 5.1 ,(Planned Unit Development).
[ ] Endorsement 7 (Manufactured Housing)
[ ] Endorsement 8.1 (Environmental Protection Lien)
referring to the following state statute(s):
By:
First American Title Insurance Company
----........'...""''''''''\
.:---,,\\\\! INStI '" a. ~
,/:::':-'.... ...." ~ ? n . '" ....1-;..,." BY:,/' c1~c/ . PRESIDENT
~ ~ ~ : ~ ~ ~
i,= .. IIPI!MBIR I~. ~ I
~ . 1968 ;- ; /YJ Y1 /} _ n.......-A
.../.... '... .~ j ATTEST: 11/ I'd ~ ~.rV-SECRETARY
',C4/ If O~,,\~ ./
\\,-...........~.-..,..
*
(TP 3/00)
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SHORT FORM RESIDENTIAL LOAN POLICY
ONE- TO-FOUR FAMILY
Issued by
First American Title Insurance Company
Subject to the Exceptions From Coverage contained in Schedule B below, and any addendum attached hereto, First
American Title Insurance Company, a California corporation, herein called the "Company," hereby insures the Insured in
accordance with and subject to the Terms, Exclusions, Conditions and Stipulations set forth in the American Land Title
Association Loan Policy (10/17/92), all of which are incorporated herein. All references to Schedules A and B shall refer to
Schedules A and B of this policy.
SCHEDULE B
EXCEPTIONS FROM COVERAGE AND
AFFIRMATIVE ASSURANCES
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 matters set forth below, except to the extent that the Company does insure in accordance with
and;subject to its terms against loss or damage which the Insured shall sustain by reason of any inaccuracies in the affirmative
assurances set forth below, except as limited in any addendum attached hereto:
I. Those taxes and special assessments which become due and payable subsequent to Date of Policy.
2. Covenants, conditions and restrictions, if any, appearing in the public records. This policy insures that the same
have not been violated, except that such affirmative assurance does not extend to covenants, conditions and
restrictions relating to environmental protection unless a notice of a violation thereof has been recorded or filed in
the public records and is not referenced in an addendum attached hereto. Further, this policy insures that any
future violation of any covenants, conditions and restrictions appearing in the public records, including any
relating to environmental protection, will not result in a forfeiture or reversion of title and that there are no
provisions therein under which the lien of the insured mortgage can be extinguished, subordinated or impaired.
3, Any easements or servitudes appearing in the public records, This policy insures that none of the improvements
encroach upon the easements and that any use of the easements for the purposes granted or reserved will not
interfere with or damage the improvements, including lawns, shrubbery and trees,
4, Any lease, grant, exception or reservation of minerals or mineral rights appearing in the public records. This
policy insures that the use of the land for residential one-to-four family dwelling purposes is not, and will not be,
affected or impaired by reason of any lease, grant, exception or reservation of minerals or mineral rights appearing
in the public records and this policy insures against damage to existing improvements, including lawns, shrubbery
and trees, resulting from the future exercise of any right to use the surface of the land for the extraction or
development of the minerals or mineral rights so leased, granted, excepted or reserved. Nothing herein shall insure
against loss or damage resulting from subsidence,
5. This policy insures against loss or damage by reason of any violation, vanatlOn, encroachment or adverse
circumstance affecting the title that would have been disclosed by an accurate survey. The term "encroachment"
includes encroachments of existing improvements located on the land onto adjoining land, and encroachments onto
the land of existing improvements located on adjoining land,
NOTICES, WHERE SENT: All noiices required to be given the Company and any statement in writing required to
be furnished the Company shall include the number of this policy and shall be addressed to the Company,
Attention: Claims Department, J First American Way, Santa Ana, California 92707, or to the office which issued
this policy.
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Schedule A for use with Owner's Policy
Attorneys'Title Guaranty Fund, Inc.
SCHEDULE A
Agent's File No:
540
Policy No. GF-OP-S3897
Oate of Policy:
June 12, 2002 2:00 P,M,
Amount of Insurance: $175,000,00
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
All those tracts or parcels of land, together with improvements thereon, situate, lying and being in the State
of Georgia and County of Richmond containing 32.00 acres designated as "Tract A" and 4.05 acres
designated as "Tract B" on a certain plat prepared by James G. Smith & Associates for Augusta, Georgia,
dated October 24, 2001, and recorded in the Office of the Clerk of the Superior Court for Richmond County
at Realty Book 765, page ]2] and by reference incorporated herein for a more particular description.
PIN No. 165-0-]08-00-0 2635 Spirit Creek Road.
By:
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Schedule B For Use With Owner's Policy
Attorneys'Title Guaranty Fund, Inc.
SCHEDULE B
Agent's File No: 540
Policy No. GF-OP-53897
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.
...
"
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38Vl:J3^08 V\JOl:J:l SNOISnl8X3
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY A TIORNEY
LEE BEARD
TOMMY BOYLES
ULMER BRIDGES
ANDY CHEEK
BOODY G. HANKERSON
WILLIAM D. KUIILKE, .IR,
WM, "WILLIE" H. MAYS, III
STEPHEN E. SHEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
P.O, Box 2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus. (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: JWALL@CO.RICHMOND.GA.lJS
January 29, 2002
GEORG.: R. KOLB
Administrator
RICHARD L. COLCLOUGH
Mayor Pro Tem
Ms. Lena Bonner
Clerk of Commission
City-County Municipal Building
530 Greene Street; 8th Floor
Augusta, Georgia 30911
RE: Closings
Dear Ms. Bonner:
Enclosed for your files, please find the following:
1. Original Right-of-Way Deed in connection with the Barton Chapel
Road Improvement Project, Phase II, executed by Richmond County Board of Education
(Georgia Education Authority), for Tax Map 82, Parcel 6.
2. Original deed of sale in connection with the Greenspace program,
executed by Southern Specialty Development Corporation, along with original Declaration
of Restrictions and Co\(enants.
Each of these documents represents an important muniment of title and should be
retained as a part of the City's permanent records.
Should you have any questions, please don't hesitate to call.
~ Yh.'00~
Shannon M. Mitchell, Paralegal
City Attorney's Office
Augusta, Georgia
Ism
Enclosures
cc: Jim Williamson, Public Works Department
Return To: County Attorney
454 Greene Street '
Augusta, GA 30901
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Book 0076721.83 Augusta - Richmond County
~J02000724 01/08/2002161?:57q5
$000 WARRANTY DEED
. I iiiiiiiliiiiiliiiiliiliiii iiiiiiiiii iiili iiiii iiiii iiii liii . _. ---..
2002000724 ALgusta - Richmond County
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STATE OF GEORGIA
COUNTY OF RICHMOND
~
THIS INDENTURE, made this /.... 7 ~. day of V.e..u--~ , 2001, by
and between Southern Specialty Development Corporation, a corporation organized
and existing under the laws of the State of Georgia as party of the firsts part, and
Augusta, Georgia, a political subdivision of the State of Georgia, as party of the
second party;
WITNESSETH:
That the party of the first part, for and in consideration of the sum of One ($1.00)
Dollar, in hand paid, at or before the sealing and delivery of these presence, the receipt
and sufficiency of which is hereby acknowledged, has granted, bargained, sold and
conveyed, and by these presence does hereby grant, bargain, sell and convey unto the
said party of the second part, its successors and assigns, the property described as
Parcel A and Parcel B on a plat prepared by James G. Swift & Associates for Augusta,
Georgia, dated October 24, 2001, and recorded in the Office of the Clerk of the Superior
Court for Richmond County at Realty Book 765, page 121
TO HAVE AND TO HOLD the said property, together with all and singular of the
rights, ways, easements and appurtenances thereof, to the same being, belonging, or in
anywise appertaining, to the only property use, benefit and behoof of the said party of
the second party, its successors and assigns, in fee simple, forever.
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Book 007612184 ;Augusta - Richmond County
200200072401/08l200216:12:57.05
. .
And the party of the first part, its successors and assigns, does warrant and will
forever defend the right and title to the above described property unto the said party of
the second part, its successors and assigns, against the claims of all persons
whomsoever.
IN WITNESS WHEREOF, the party of the first part has caused this instrument to
be executed by its duly authorized officers and had its seal affixed the day and year first
above written.
By:
As Its:
ATTEST:. r{\
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By:
As Its:
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and Delivered in the
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Notaryo,,\,ublic
Richm6nd;;;9.9lmty, Georgia --_3n.2Q1)2
M-;/,~'l/W<(-l.lA. ,'),<"'.':' ... E' mv~~tI\!l'll\-
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r'~{$~~:~,)~ 152ft
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.+i{~~~i!~~:il"'Jjtiji:
Filed in this office
Augusta - Richmond County
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Elaine C Johnson
Return To: County Attorney
454 Greene Street '
A.ugusta, GA 30901
Book 00770029S Augusta - Richmond County
200200220501/18/200:2 15:0339.00
.,$.~,,~~...'2~~~~~~~~15?~,~g~I,~,I~.TIVE COVENA
I 1111111111111111 11111 11111 11111 IIlil iililTIilflliliiiiiill'-- --- .-
2002002205 Augusta - Richmonl1 County
STATE OF GEORGIA
COUNTY OF RICHMOND
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DECLARATION OF RESTRICTIONS AND COVENANTS
This declaration is made this ~1-\1'\ day of DeCJ2rn ber
, 2001, by
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter
referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant owns the property described in Exhibit "A," which is made
a part hereof (the "Property"); said property being acquired from Southern Specialty
Development Corporation, by deed dated Dec.evn 'c.::e.x- 2'1- , 2001 and recorded in the
Office of the Clerk of Superior Court of Richmond County in Realty Book l~ 1
pages <9.\ 83
; and
,WHEREAS, Augusta, Georgia has designated the Property as Greenspace
Property and has promised, inter alia, to operate and maintain 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
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Book 007700296 Augusta - Richmond County
2002002205 01/18/2002 15:03:39.00
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 user of the Property as
provided herein.
NOW, THEREFORE, Declarant does hereby subject the property to the
covenants, restrictions and rights herein 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 a.c.G.A. 36-22-1 ~36-22-1,
et seq.
(c) "Greenspace" shall mean permanently protected land and water,
including agricultural, and forestry land whose deve,lopment rights have
been severed from the property, that is in its undeveloped, natural state
and that has been developed only to the extend 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;
. BODk 0077-00297 Augusta - Richmond County
2002002205 01/18/2002 15:03:39.00 .
3) Wetlands protection;
4) Reduction of erosion through protection of steep
slopes, areas with erodable soils, and stream banks;
5) Protection of riparian buggers 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, 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.
(d) "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.
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Book 007700298 Augusta - Richmond County .
2002002205 01/1 8/2002 1 5: 03: 3 9.00
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 Runnino 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.
5. Severabilitv. 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) Headinos. The use of headings, captions and numbers in this
Declaration is solely for the convenience
(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' right 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.
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Book 007700299 Augusta - Richmond County ,
2002002205 01/18/2002 15:03:39.00
(c)
Time is of Essence of This Declaration.
(d) Applicable Law.
This Declaration shall be governed by,
constructed under, and interpreted and enforced in accordance with the
laws of the State of Georgia.
(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.
A ,v/) By:
Lf As Its: Mayor.
By: ATl: ~
Cleik- Ylltf)i ~
DECLARANT:
A U T~O
GIA
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Signed, Sealed and Delivered in
The presence of:
Filed in this office
Augusta - Richmond County
01/18/200215n33S100
Elaine C. Johnson
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