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HomeMy WebLinkAboutState Of Georgia Department Of Natural Resources Augusta Richmond GA DOCUMENT NAME:~ / . I L-' () G ." {If.:.rt \,(\e,n{. () Dofy~ro-,\ . \.....fCCIi..-cL.- O~ e.o"C\0-.\ V e.:, v 0\" .~e::::,aJ-~J U DOCUMENT TYPE: YEAR: 02. BOX NUMBER: J L\ FILE NUMBER: I j qoo NUMBER OF PAGES: .3 0.. '1 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 (griginaij. ~.. (I. ~ U.t ~~ ~ ~~. -~. S2>>'~ 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 0Q."'a...""~ ~ 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 ~\y\,\~ Shannon M. Mitchell, Paralegal City Attorney's Office Augusta, Georgia Ism Enclosures cc: George Patty, Planning & Zoning (wI copies) .".. .~.o; ~t 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. -i- r~ ~ -, 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. 1. ~.. ',,- 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 ,-----.. ~~turn ;.p: County Attorney ,- , 454 Greene Street A~gusta, GA 30901 ~OOk 007951728 Augusta - RICh~ond C -- ",00201971806/1912002162248.00 ounty . :$,~~~~~P~S~~~,~!:!8~!!~~,~.T~,!~.TIVE COVENA 1111111 1I~lllllllllllllfIll ""IIIIlllllIlllIilllllml/ illl - -- - . 200201971 B Augusta - Richmond County STATE OF GEORGIA ) ) ) ) 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] 1 l. ) . 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 . s "n g~o.~c~ Th-~dhV '-' Notary Public Richmond County, Georgia My Commission Expires: ,...--- ~~------ Filed in this office Augusta - Richmond County (113/1 9 nnn') 1 r-; 'J'J .11< nn Elc'lne C Johnsor, --------. 2 :- r-'i, i'y : __ ., ,i 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 A-. ~ -- -- T , /" , .0:: 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: - ."""""- "'i ..' 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, .~; .. . .. .. 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, ~, ;; . ,..... . 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. .. ,. . - "l . .. . \, y " . '!':... ,> " ~ .. 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 :; -. 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 #.-... ~ " .. 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. , ,. 7 . 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) - ,. .. . .. 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. , , ~ ~. 'i i 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: ,. <i r" -, .. 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. ... " UIIsaA lIe4s uOl\elioJqns 10 14liIJ lie '/i~1I0d,\141 Japun u:llep e pled pue palllas aAe4 lIe4S /iuedwo:) a41 JaAaUa4M 'UOllelloJqns 10 IIIIl!1I s,Auedwo:J alll (e) . 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OJ 5u!lElaJ JO OU!I!q!40Jd '5u!lelnOaJ '5UI1:llJjSaJ (SUO!IEI1l5aJ JO 'sa:lueu!pJO 'SMel OU!UOZ pue OU!Pllnq 01 pallw!lloU Illq 5U1pnpUl) UO!lelnOaJ IBluawUJaAOO JO a:lUEU!pJO 'MEI/iU\;j (E) .~ :10 UOseaJ /iq aSIJE ll:l!llM sasuadxa JO saal ,s/iaUJolle 'SISO:l 'a5ewep JO SSOI ^ed IOU 11'M /iuedwo:) alll pue /i:J!lod Sllll 10 a5eJaAo:J alll WOJI papnpxa ^ISSaJdxa aJE SJallEW 5u!M01I01 all1 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 .-' ~ , ~. - " .. . ' 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 ~ , , . . 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 ($1.00) Dollar, in hand paid, at or before the sealing and delivery of these presence, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presence does hereby grant, bargain, sell and convey unto the said party of the second part, its successors and assigns, the property described as Parcel A and Parcel B on a plat prepared by James G. Swift & Associates for Augusta, Georgia, dated October 24, 2001, and recorded in the Office of the Clerk of the Superior Court for Richmond County at Realty Book 765, page 121 TO HAVE AND TO HOLD the said property, together with all and singular of the rights, ways, easements and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only property use, benefit and behoof of the said party of the second party, its successors and assigns, in fee simple, forever. .- - 'It. ... - .. -; . Book 007612184 ;Augusta - Richmond County 200200072401/08l200216:12:57.05 . . And the party of the first part, its successors and assigns, does warrant and will forever defend the right and title to the above described property unto the said party of the second part, its successors and assigns, against the claims of all persons whomsoever. IN WITNESS WHEREOF, the party of the first part has caused this instrument to be executed by its duly authorized officers and had its seal affixed the day and year first above written. By: As Its: ATTEST:. r{\ ~~&~ Jlk By: As Its: ~~J)[') .,. .,~:.'\:t.;'::;'::,.". . '; .'<"[.,S.'6.. ..A. ' [::]"-->':' -'.'.,.; - -'. . : -, .\~:' -' .;- . and Delivered in the L~Uv '. ~F"" Notaryo,,\,ublic Richm6nd;;;9.9lmty, Georgia --_3n.2Q1)2 M-;/,~'l/W<(-l.lA. ,'),<"'.':' ... E' mv~~tI\!l'll\- . ,~, ~ "rR' fJP~~~n xplres: ~~~ ~".4..~.....~ h, ~t,'.~~: ~~511.. . '.' .'~, ~ --. O.J ~. "i'4 ~ :~ .0. .<.,.~~:;~.'~'rJ':~''''. ~ -.f;.. "~;;;~-;_.. - st- . C.r A Q y. ", ' "', r'~{$~~:~,)~ 152ft ;. --- -.> Plto' \,::!;v~. ',(0 t!~,,~,:,j;;(i, .+i{~~~i!~~:il"'Jjtiji: Filed in this office Augusta - Richmond County ~;'" '00.'1"")0"'") "'! ~ "! '").:...r=7 nr:-: ....... I/UViL..vU,,- IV. 14-....Ji .IV.....; 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 ) ) ) 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 ---,- --------------;--. ~ 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. . . 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. ~ , . 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 ,-,,-,.,. ' Signed, Sealed and Delivered in The presence of: Filed in this office Augusta - Richmond County 01/18/200215n33S100 Elaine C. Johnson " .- ) ... ~. : . ~ .~..-.