HomeMy WebLinkAboutUNIVERSITY HEALTHCARE POLICY
Augusta Richmond GA
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Book 00924:1223 Augusta - Richmond County
200401688504/27/200416:24:46 00
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2004016885 Augusta - Richmond County
Return to:
Stephen E. Shepard, County Attorney
Shepard, Plunkett, Hamilton, Boudreaux & Tisdale, LLP
701 Greene Street, Suite 104
Augusta, Georgia 30904
STATE OF GEORGIA
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COUNTY OF RICHMOND
THIS INDENTURE, made this 4th day of March, 2004, by and between
UNIVERSITY HEALTH CARE FOUNDATION, a Georgia charitable corporation, with
its principal office in Richmond County, State of Georgia, as party of the first part, and
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as party-of the
second part;
WITNESSETH:
That the party of the first part, for and in consideration of the sum of Thirty Nine
Thousand ($39,000.00) Dollars, 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
more fully described in Exhibit "A" attached hereto.
This conveyance is made subject to the 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. Grant funds under said Grant Agreement have been
Book 00924:1224 Augusta - Richmond County
2004016885 04/27/2004 16:24:46.00
~sed in the acquisition of the above described property, and the State of Georgia is a
third-party beneficiary of said Grant Agreement, and has a right to require specific
performance of said Grant Agreement and require that the property be returned to the use
as provided in said Grant Agreement.
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.
And the party of the first part, its successors and assigns, do 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 this deed of conveyance the day and year first above written.
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UNIVERSITY HEALTH CARE FOUNDATION
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Its: President /
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Book 00924:1225 Augusta - Richmond County
20040'16885 04/27/2004 16:24:46.00
Exhibit A
All that tract or parcel of land, situate, lying and being in the County of Richmond, State
of Georgia, containing 16.55 acres, more or less, and fronting on the north side of
Southgate Drive near its intersection with Richmond Hill Road and located just South of
the intersection of U. S. Highway #78 and U. S. Highway #1, said property being more
particularly shown upon a lat prepared for Knox Realty Investment Corporation by
Baldwin & Cranston Associates, Inc. dated April 7, 1969, said plat being recorded in the
Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel
147 at pages 486-491, reference being made to said plat for a more complete and accurate
description as to metes, bounds, and location of said property,
LESS AND EXCEPT that certain 2.38 acres conveyed to Baptist Church of Calvary by
Deed recorded in Deed Book 160 at page 1233, Richmond County Clerk's office.
ALSO, all that tract or parcel of land, situate, lying and being in the County of Richmond,
State of Georgia, containing 1.51 acres, more or less, and located on the southeast side of
Riviera Lane and being more particularly shown upon a plat prepared for Knox Realty
Investment Corporation by Baldwin & Cranston Associates, Inc. dated January 27, 1982,
said property being bounded as follows: North and Northeast by land now or formerly of
the Bungalow Club; East and Southeast by land now or formerly of Waters; South and
Southwest by Southgate Villa Subdivision, Block "F" and West and Northwest by
Riviera Lane, said plat being recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia in Realty Reel 147 at page 484; reference being made to said
plat for a more complete and accurate description at to the metes, bounds, and location of
said property.
Filed in this office:
Augusta - Richmond County
04/27/200416:24:46.00
Elaine C. Johnson
Clerk of Superior Court
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Book 00924:1226 Augusta - Richmo -
2004016886 04/27/200416:26.08 00 nd County
$0.00 DECLARATION ..
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2004016886 Augusta - Richmond County
Return to:
Stephen E. Shepard, County Attorney
Shepard, Plunkett, Hamilton, Boudreaux & Tisdale, LLP
701 Greene Street, Suite 104
Augusta, Georgia 30904
STATE OF GEORGIA
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COUNTY OF RlCHMOND
DECLARATION OF RESTRICTIONS AND COVENANTS
This declaration is made this L day of '-fJJ;t24~ , 2004, by
AUGUST A, GEORGIA, a political subdivision of the State of Georgia (hereinafter
referred to as "Declarant").
WITNESS ETH:
WHEREAS, Declarant owns the property described on Exhibit "A" attached
hereto and made a part hereof (the "Property") which property was acquired from
University Health Care Foundation, Inc. by deed dated March 4,2004, and recorded in
the Office of the Clerk of Superior Court of Richmond County in Realty BoolCf ~4 ,
pages J ~ J..'}). , and
WHEREAS, the Property was acquired with Grant Funds pursuant to the Georgia
Greenspace Program Grant Award Agreement dated June 12, 2001, by and between
the State of Georgia, Department of Natural Resources, and Augusta, Georgia,
(hereinafter the "Agreement"); 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; 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
.
,
Book 00924:1227 Augusta - Richmond County
2004016886.04/27/2004 16:26:08.00
Act (O.C.G.A. ~36-22-l, et seq.) including, protecting or enhancing water quality,
providing flood protection, providing natural habitat and corridors for native plant and
animal species, protecting archaeological and historic resources, providing passive
recreation, or providing connective links between lands contributing to the goals of the
Georgia Greenspace Act, and Declarant agrees to restrict the use of the Property as
provided herein.
NOW, THEREFORE, for and in consideration of Ten and nolI 00 Dollars
($10.00) and for other good and valuable consideration, including the receipt of said
Grant funds, the receipt and adequacy of which is hereby acknowledged and intending to
be legally bound, Declarant does hereby subject the property to the covenants, restrictions
and rights 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-possessory interest of a
holder in real property imposing limitations or affirmative
obligations, the purposes of which include retaining or protecting
natural, scenic, or open-space values of real property; assuring its
availability for agricultural, forest, recreational, or open-space use;
protecting natural resources; maintaining or enhancing air or water
quality; or preserving the historical, agricultural, archaeological, or
cultural aspect of real property.
(b) "Georgia Greenspace Act" shall mean O.C.G.A. 36-22-1 936-22-1,
et seq.
(c) "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.
(d) "Greenspace" shall mean permanently protected land and water,
including agricultural, and forestry land whose development rights
have been severed from the property, that is in its undeveloped,
natural state and that has been developed only to the extent
Book 00924:1228 Augusta - Richmond County
200401688604/27/2004 16:26:08.00
consistent with, or is restored to be consistent with, one or more of
the following goals:
1) Water quality protection for rivers, streams, and lakes;
2) Flood protection;
3) Wetlands protection;
4) Reduction of erosion through protection of steep slopes,
areas with erodable soils, and stream banks;
5) Protection of riparian 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 boating, hiking,
campmg, fishing, hunting, running, jogging, 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.
(e) "Land Trust" shall mean Southeastern Natural Sciences Academy
Land Trust, Inc., a nonprofit corporation organized and existing
under the laws of the State of Georgia, its successors and assigns.
2. Conservation Easement. Grantor hereby subjects said Property to a
Conservation Easement that ensures that the land will be maintained as
Greenspace as defined in the Rules for the Georgia Greenspace Program,
Rule 391-1-4-.01, et seq., incorporated herein by reference, in effect at the
time of this Declaration.
3. Use. The operation, use and maintenance of the Property, and any
improvements, shall be subject to and shall comply with the Conservation
Easement.
Book 00924:1229 Augusta - Richmond County
2004016886 04/27/2004 16:26:08.00
4. Covenants Running with the Land. Declarant acknowledges and agrees
that the Conservation Easement is appurtenant to and runs with the land,
and shall be binding and enforceable against Declarant, its successors and
assigns, and any Trustee appointed to manage the Property.
The Conservation easement shall inure to the benefit of the State of
Georgia, the Land Trust, and their respective successors and assigns, and
shall be enforceable by the State of Georgia, its agents or assigns, and
Land Trust, its successors and assigns, in the Superior Court of Richmond
County, Georgia.
5. Severability. In the event that any of the provisions contained in this
Declaration shall for any reason held to be invalid, illegal or unenforceable
in any respect in a final ruling or judgment of a court of competent
jurisdiction from which no appeal has been or can be taken, the remainder
of the Conservation Easement shall not be affected thereby and each term,
covenant, condition and provision hereof shall remain valid and
enforceable to the fullest extent permitted by law.
6. General Provisions.
(a) Headings. The use of headings, captions and numbers in this
Declaration is solely for the convenience.
(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.
(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.
Book 00924:1230 Augusta - RiCh~on~ ~ounty-
20?4016.886 04/27/2004 16:26:08.00
IN WITNESS WHEREOF, Declarant has signed and sealed this Declaration, on
the day, month and year fust above written.
Signed, Sealed and Delivered
in the presence of:
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Book 00924:1231 Augusta - Richmond County
2004016886 04/27/2004 16:26:08.00
Exhibit A
All that tract or parcel of land, situate, lying and being in the County of Richmond, State
of Georgia, containing 16.55 acres, more or less, and fronting on the north side of
Southgate Drive near its intersection with Richmond Hill Road and located just South of
the intersection of U. S. Highway #78 and U. S. Highway #1, said property being more
particularly shown upon a lat prepared for Knox Realty Investment Corporation by
Baldwin & Cranston Associates, Inc. dated April 7, 1969, said plat being recorded in the
Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel
147 at pages 486-491, reference being made to said plat for a more complete and accurate
description as to metes, bounds, and location of said property,
LESS AND EXCEPT that certain 2.38 acres conveyed to Baptist Church of Calvary by
Deed recorded in Deed Book 160 at page 1233, Richmond County Clerk's office.
ALSO, all that tract or parcel of land, situate, lying and being in the County of Richmond,
State of Georgia, containing 1.51 acres, more or less, and located on the southeast side of
Riviera Lane and being more particularly shown upon a plat prepared for Knox Realty
Investment Corporation by Baldwin & Cranston Associates, Inc. dated January 27, 1982,
said property being bounded as follows: North and Northeast by land now or formerly of
the Bungalow Club; East and Southeast by land now or formerly of Waters; South and
Southwest by Southgate Villa Subdivision, Block "F" and West and Northwest by
Riviera Lane, said plat being recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia in Realty Reel 147 at page 484; reference being made to said
plat for a more complete and accurate description at to the metes, bounds, and location of
said property.
Filed in this office:
Augusta - Richmond County
04/27/200416:26:08.00
. Elaine C. Johnson
Clerk of Superior Court
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Lawyers Title Insurance Corporation
SCHEDULE A
COMMITMENT FOR TITLE INSURANCE
I. EFFECTIVE DATE: January 23, 2004
at 5:00 pm
CASE NUMBER: 3069510
2. POLICY OR POLICIES TO BE ISSUED:
(a) ALTA OWNER'S POLICY (10-17-92)
PROPOSED INSURED:
Augusta, Georgia, a political subdivision of the State of Georgia
AMOUNT $39 1000.00
(b) ALTA LOAN POLICY (10-17-92)
PROPOSED INSURED:
AMOUNT $
(c)
PROPOSED INSURED:
AMOUNT $
3. TITLE TO THE FEE SIMPLE ESTATE OR INTEREST IN THE LAND
DESCRIBED OR REFERRED TO IN THIS COMMITMENT IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
University Health Care Foundation, a Georgia charitable corporation
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRffiED AS FOLLOWS:
For Description see Continuation of Schedule A
Commitment Number 3069510
Schedule A - Page 1
Authorized Officer or Agent
Form No. 91-88 (SCH. A.)
This commitment is invalid unless the Insuring
Provisions and Schedules A and B are attached
Form 4100.100
Exhibit A
All that tract or parcel of land, situate, lying and being in the County of Richmond,. State
of Georgia., contail1ing 16.55 acres, more or less., and fronting on the north side of
Southgate Drive near its intersection with Richmond Hill Road and located just South of
the intersection ofU. S. Highway #78 and. U. S. Highway #1, said property being more
particularly shown upon a lat prepared for Knox Realty Investment Corporation by
Baldwin &. Cranston Associates, Inc. dated April 7, 1969, said plat being recorded in the
Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel
147 at pages 486491, reference being made to said plat for a more complete and accurate
description as to metes, bounds, and location of said property,
LESS AND EXCEPT that ce.rtain 2.38 acres conveyed to Baptist Church of Calvary by
Deed recorded in Deed Book 160 at page 1233, Richmond County Clerk's office.
ALSO, all that tract or parcel of land. situate, lying and being in the County of Richmond,
State of Georgia., containing 1.51 acres, more or less, and located on tIul southeast side of
Riviera Lane and being more particularly shown upon a plat prepared for Knox Realty
Investment Corporation by Baldwin" Cranston Associates, Inc. dated January 27, 1982,
said property being bounded as follows: North and Northeast by land now or formerly of
the Bungalow Club; East and Southeast by land now or f'onnetly of Waters; South and
Southwest by Southgate Villa SubdivisiDDt Block "IP' and West and Northwest by
Riviera Lane, said plat being recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia in Realty Reel 147 at page 484; reference being made to said
plat for a more QOmplete and. &.QCUfate description at to the metes, bounds, EU1d location of
said. propmy.
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"lawyers Title .
Lawyers Title Insurance Corporation
SCHEDULE B - SECTION 1
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly tiled for record, to wit:
Warranty Deed from University Health Care Foundation, a Georgia charitable corporation to
Augusta, Georgia, a political subdivision of the State of Georgia conveying title to caption
property.
NOTE: This deed must be executed pursuant to proper corporate resolutions, and we must be
furnished certified copies thereof.
Item (cl Receipt of proof satisfactory to the Company that no improvements or repairs were
made on the property within three months preceding the filing for record of the instrument
required at Item (bl above; or in the event such improvements or repairs were made, that they
have been completed and all costs incurred in connection therewith, including architect's
fees, if any, have been paid.
This commitment is invalid unless
the Insuring Provisions and
Schedules A and Bare atlached.
Schedule B - Section I - Page I
Commitment Number 3069510
Form No. 91-88 (B1)
Form 4100-100
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Lawyers Title Insurance Corporation
SCHEDULE B - SECTION 2
EXCEPTIONS
THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SAME
ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY.
la. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or altaching
subsequenl to the effective date hereof but prior to !he date the proposed insured acquires for value of record the estate or interest
or mortgage thereon covered by this Commitment.
1. All taxes for the year 2004 and subsequent years, and any additional taxes which may
result from a reassessment of caption property.
2. 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; and rights, if any, of persons who may be in possession under claims
not appearing of record.
3. Declaration of Restrictions and Covenants dated
_____, page ,aforesaid records.
, and recorded in Realty Reel
NOTE: This exception omits any covenant, condition or restriction based on race, color,
religion, sex, handicap, familial status or national origin, unless and only to
the extent that the restriction is not in violation of state or federal law, or
relates to a handicap, but does not discriminate against handicapped people.
4. Georgia Greenspace Program Grant Award Agreement, dated June 12, 2001, and recorded in
Realty Reel 755, pages 935-947, aforesaid records.
5. Georgia Greenspace Act.
NOTE: Attention is directed to the fact that the insuring provisions of this policy do
not insure against loss by reason of any computational errors in the determination
of the size of the area located within the boundary lines of the land as described
in Schedule A hereof.
NOTE: If the policy is 10 be issued in support of a mortgage loan, attenlion is directed to the fact that the Company can assume no liability
under its policy, the closing instructions, or Insured Closing Service for compliance with the requirements of any consumer credit protection
or truth in lending law in connection with said mortgage loan.
This commitment is invalid unless
the Insuring Provisions and
Schedules A and B are attached
Schedule B - Section 2 - Page I
Commitment Number 3069510
Form No. 91-88 (B2)
Form 4100-100
. COMMITMENT FOR TITLE INSURANCE
Issued by lawyers Title Insurance Corporation
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.. Lawyers Title
Lawyers Title Insurance Corporation is a member of the LandAmerica family of title insurance underwriters.
LAWYERS TITLE INSURANCE CORPORATION, a Virginia 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
Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or
agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION
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Conditions and Stipulations
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 Ihereon covered by this Commitment other than those shown in Schedule B
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 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 under taking in good faith (a) to comply wilh the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, 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 and Conditions and Stipulations and the Exclusions from Coverage 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.
ALTA Commitment - 1966
Cover Page
Form 1004.268
ORIGINAL
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ISSUED By
OWNER'S POLICY OF TITLE INSURANCE
fu..wyen{{itle Insurance @Ip9!~tic2J!
POLICY NUMBER
A lS-03902lf!f.
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company,
insures, as of Date of Policy shown in SChedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedl,lle A,
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attomeys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in
the Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by
its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
LAWYERS TITLE INSURANCE CORPORATiON
Attest: -/J V t/J
C/ ....... Secretary
......,....."'",,
_--- ,,,SURAl.;",,
.E......... .~..--_.. F A I,
f~.... ....~o',
/0, / -.- "\~l~
~~{St1\t i=~
~ 111 , 1 :::11 By:
1~~\. 1925 /~J
't, --0,- ........::'
"'''- "/(';;~~~ .....-./'
,\.,,"',..,,~--
?t~a. ~
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attomeys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these' laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
~ 2.
I
3.
,
,-
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of POlicy which would be binding on the rights of a purchaser for value without
knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant,
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PA 10 Cover
AL T A Owner's Policy (10-17-92)
form 119o-74A
,.,' ,,- I.., no '"F'.I",''''' I .1Il11l1LlIg I '''tl' III ;BllI II.. IlIlIiIl!. II. n IIllnmm.". H ,Ill' " III' IIIH II JI II '1m III' lI"I.IHII.nn II~ ;1."'11 :111 U"'IIIl11 '11C'1I1l 1IU{,.Rn 11
ORIGINAL
Valid only If Schedules A and B are attached
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Lawyers Title Insurance Corporation
SCHEDULE A
OWNER'S POLICY
CASE l\'UMBER
3069510
DATE OF POLICY
April 27, 2004
at 4:24 pm
AMOUNT OF INSURANCE
$39,000.00
ENDORSEMENTS POLICY NUMBER
A75-0390244
I. NAME OF INSURED:
Augusta, Georgia
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS:
Fee Simple
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
Insured
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
(SEE EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF)
This being the same property conveyed to the Insured herein by Deed of University Health
Care Foundation, Inc., dated March 4, 2004, filed for record April 27, 2004, and
recorded in Realty Reel 924, pagers) 1223, aforesaid records.
Deborah M. Lengsas
Countersignature Authorized Office 0
Issued at Augusta, Georgia
Policy A75
This Policy is invalid unless cover
sheet and Schedule B are attached.
AL T A Owners Policy (10-17-92)
Form 4100-100
Exhibit A
All that tract or parcel of land, situate, lying and being in the County of Richmond. State of
Georgia, containing 16.55 acres, more or less, and fronting on the north side of Southgate Drive
near ita intersection with Richmond Hill Road and located just South of the intersection of U. S.
Highway #78 and U. S. Highway #1. said property being more particularly shown upon a lat
prepared for Knox Realty Investment Corporation by Baldwin & Cranston Associates, Inc. dated
April 7~ 1969, said plat being recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia in Realty R.ee1147 at pages 486--491, reference being made to said
plat for a more complete and accurate description as to metes, bounds, and location of said
property.
LESS AND EXCEPT that certain 2.38 acres conveyed to Baptist Church of Calvary by Deed
recorded in Deed Book 160 at page 1233, Richm.ond County Clerk's office.
ALSO, all that tract or parcel of land, situate, lying and being in the County of Richmond, State
of Georgia, containing 1.51 acres, more or less, and located on the southeast side of Riviera Lane
and being more particularly shown upon a plat prepared for Knox Realty Investment Corporation
by Baldwin & Cranston Associates. Inc. dated January 27. 1982. said property being bounded as
follows: North and Northeast by land now or formerly of the Bungalow Club; East and
Southeast by land now or fonnerly of Waters; South and Southwest by Southgate Villa
Subdivision, Block uP" and West and Northwest by Riviera Lane, said plat boing recorded in the
Office of tho Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 147 at
page 484; reference being made to said plat for a more complete and accurate description at to
the Dretes~ bounds, and location of said property.
~~ LandAm~ica. '.
... Lawyers Title '
Lawyers Title Insurance Corporation
SCHEDULE B
OWNER'S POLICY
CASE NUMBER
3069510
POLICY NUMBER
A75-0390244
EXCEPTIONS FROM COVERAGE
This policy does nol insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. All taxes for the year 2004 and subsequent years, and any additional taxes which may
result from a reassessment of caption property.
2. 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; and rights, if any, of persons who may be in possession under claims
not appearing of record.
3. Declaration of Restrictions and Covenants dated March 4, 2004, and recorded in Realty
Reel 924, page 1226, aforesaid records.
NOTE: This exception omits any covenant, condition or restriction based on race, color,
religion, sex, handicap, familial status or national origin, unless and only to
the extent that the restriction is not in violation of state or federal law, or
relates to a handicap, but does not discriminate against handicapped people.
4. Georgia Greenspace Program Grant Award Agreement, dated June 12, 2001, and recorded in
Realty Reel 755, pages 935-947, aforesaid records.
5. Georgia Greenspace Act.
NOTE:
Attention is directed to the fact that the insuring provisions of this policy do
not insure against loss by reason of any computational errors in the
determination of the size of the area located within the boundary lines of the
land as described in Schedule A hereof.
May 4, 2004
Policy A75
ALTA Owner's Policy (10-17-92)
Form 4100-100
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against aclual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters 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,
(ii) the difference between the value of Ihe 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 of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land
which increases the value of the insured estate or interest 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
land insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made. as to any
partial loss, the Company 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 improvement.
The provisions of this paragraph shall not apply to costs, attomeys' 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 per
cent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attomeys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
I! the land described in Schedule A consists of two or more parcels which
are not used as a single site, and a loss is established affecting one or more
of the parcels but not all, the loss shall be computed and settled 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 otherwise 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
express statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) I! 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 unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including 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.
(b) In the event of any litigation, including litigation by the Company or
with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom, adverse to the title as
insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without
the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY.
All payments under this policy, except payments made for costs,
attomeys' fees and expenses, shall reduce the amount of the insurance pro
tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which
the insured has agreed, assumed, or taken subject, or which is hereafter
executed by an insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed, in
which case proof of loss or destruction shall be fumished to the satisfaction
of the Company.
CONDITIONS AND STIPULATIONS
(Continued)
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected 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. I! requested
by the Company, the insured claimant shall transfer to the Company all rights
and remedies against any person or property necessary in order to perfect
this right of subrogation. The insured claimant shall permit the Company to
sue, compromise or settle in 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.
I! a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the whole
amount of the loss.
I! 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-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of 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 insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of
the American Arbitration Association. Arbitrable matters may include, but are
not limited to, any controversy or claim between the Company and the
insured arising out of or relating 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 eilher the Company or
the insured. All arbitrable matters when the Amount of Insurance is in
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 of Policy shall be binding
upon the parties. The award may include attomeys' 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 Arbitrator(s)
may be entered in any court having jurisdiction 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 with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the
Company. In interpreting any provision of this policy, 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 asserting such claim, shall be restricted to this
policy.
(c) No amendment of or endorsement to this policy can be made except
by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, 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 or 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: Consumer Affairs Department, P.O. Box
27567, Richmond, Virginia 23261-7567.
B 119D-74A
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Exhibit A
All that tract or parcel of land, situate, lying and being in the County of Richmond, State
of Georgia, containing 16.55 acres, more or less, and fronting on the north side of
Southgate Drive near its intersection with Richmond Hill Road and located just South of
the intersection of U. S. Highway #78 and U. S. Highway #1, said property being more
particularly shown upon a lat prepared for Knox Realty Investment Corporation by
Baldwin & Cranston Associates, Inc. dated April 7, 1969, said plat being recorded in the
Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel
147 at pages 486-491, reference being made to said plat for a more complete and accurate
description as to metes, bounds, and location of said property,
LESS AND EXCEPT that certain 2.38 acres conveyed to Baptist Church of Calvary by
Deed recorded in Deed Book 160 at page 1233, Richmond County Clerk's office.
ALSO, all that tract or parcel of land, situate, lying and being in the County of Richmond,
State of Georgia, containing 1.51 acres, more or less, and located on the southeast side of
Riviera Lane and being more particularly shown upon a plat prepared for Knox Realty
Investment Corporation by Baldwin & Cranston Associates, Inc. dated January 27, 1982,
said property being bounded as follows: North and Northeast by land now or formerly of
the Bungalow Club; East and Southeast by land now or formerly of Waters; South and
Southwest by Southgate Villa Subdivision, Block "F" and West and Northwest by
Riviera Lane, said plat being recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia in Realty Reel 147 at page 484; reference being made to said
plat for a more complete and accurate description at to the metes, bounds, and location of
said property.