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HomeMy WebLinkAboutDeed pf Dedication/Greenspace Property "Ii . Augusta Richmond GA DOCUMENT NAME.UE.60 ~\)~O Ie A1.W.~ I (;,..e ~ Sf Ac6 'P ItD fEKT Y , ' DOCUMENT TYPE: ~ It; '=c> L V1l0 N YEAR: ~roL\ ,I BOX NUMBER: -;;L '5 FILE NUMBER: I 'TJ 1019" . , 1 NUMBER OF PAGES: \. ~ . , , 'I , , I ~ ... .... . " ., 'i RESOLljTION A~CCEP:rING DEEDOF DEDICATION :' } WHEREAS, the Augusta-Richmond County Commission has been petitioned to consider accepting a Deed of Dedication of certain property-set aside as Greenspace property as shovvn on the attached plat; WHEREAS, the Augusta-Richmond County Commission has elected to accept the property; WHEREAS, it IS appropriate for assent to the dedication by the Augusta- Richmond County Commission be shown on the face of the Deed of Dedication. NOW, THEREFORE, itis hereby resolved as follov.rs: 1. The Augusta-Richmond County Commission does hereby accept the propel1y set aside as Greenspace property as shov;rn on the attacheq plat and described on the attached Deed of Dedication. I 2. It is further determined that the Mayor of Augusta, Georgia shall execute an acceptance of the property .on the face of the Deed of Dedication. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibits referred to herein, Duly adopted by the Augusta-Richmond county Commission, this of ~2004 c9.Jst day .~, BY: ~ -~~ '. InstMlment Numbe,r: 2003015223 BooWP e: 00854/1251 Date Flied: 05/0612003 15:29:18.00 CURVE DA TA TABLE CURVE No. RADIUS .CHORD (CH)BEARING LENGTH . C1 <Anler/In" Cenlttrlln. CJ C4 C~ C6 C7 C8 C9 CIO ClI CI2 CIJ CI4 CI5 CI6 Cl7 CIS Cl9 Q ~ p (j;:C: ~~ cil5t:::- Or.-!Vl ~~~ ~.~C5 :x:~~ O~~ ~,~' <:-..;;.. c = 8 ~ " E .c ~ p (j;:C: ;:~ ,Q., cop O~l/) ~'[;j~ ..,c::l15 ~\.4J<: Q~~ ~'::-i <:~ SPC GA' F N .12I691J,.uJI F 6S4J05.6645 '146.29 S57~'J5"W 146.96 295.81 N57'S0 '14 "E: 297.20 48,91 551 'I2'J6 "W 48.gJ 59.74 S5r46'J6"W 59.78 49.91 564 '24 '14 "w 49.9J ,2.68 N6n9'~"E: 2.68 69,10 N64'56'04"E: 69,12 75,67 "N60'06'Or" 75.69 , 71.34 NM." '41"c 71.J7 64.86 N50'J8'54"c 64.87 J.4J N48"22'08"c 3.43 J5,J6 N49'21'26"" 35.36 59.85' N52.,9'JrF . 59.84' .66.66' N56.,6 '22 "c 66.65' 58,38 N60'lO'24't: 56.J9 67.57 N64'06'IO"c 67.~9 19.J8 N66'48'~5"" 19.J8 '37.95 S64'47'40"W J7.97 79.41 S56'4Q'OS"W 79.54 GEDRGDAL-6i' 7fJLOR'tIiJt.'t: 66:65'RAULRDAD 54rsB' .W 654..13' ~ ~ :f ~ t: "'. 444.24 888. 47 1 474.24 474.24 '474.24 858.47 858.47 858.'47 858.47 858.47 858.47 91S.47 91447 .918.47 9l8.47 918:47 918.47 414.24 414.24 544 tl8 'J4"W 17980.OS'(GRID nc) BooI< 00854:1251 Augusta. Richmond County 2003015223 050U6/2003 15:29; 18.00 $8.00 PLAT iOlllUlBllIlII1l111DlHlIIIlJl1 2003015223 Augusta . Rtctmond Cou1Iy S4875'16.W 68.00' 64.00' 60.00' 7M)4' ~ II> -~ -~ /'.l ... .... ~ @) iSi e ~i @ lS i' @ !"'~ : 8. 8..: ~t &t t:lSi .... ~- 11,840 5.F, rof 11,320 5.F. rof 7.llllO SF. rof 9.301 s.F. 0.20 AC 0.19 AC 0.16 AC 0.21 AC 68.00' 64. 00' 60.00' J:J. 68' CI2 CTJ S48.,S'/6"W 225.66' . rr.r-pDINJEVDEW ILANfE--SO' R~ N48 5 16 E: 70.00' 62.00' @ lUM SF. 0.19 AC -~ lS~ ~t "f @ 4_S.r. 0.19 AC 26467 66.00' 66,67' CII CIO 25' Minimum BuDding LIn" v. -'" ~ f: S.t !Of. ~_ u: 0.20 AC @ '~ ~:;: 8, i !Of ,;, -'" lcl- .lS :g.,; .., !Of @ 2~ f:::~ ~~~ ~- @ a07li $.F. 0.21 AC 62.00' 66.00' 69.58' N48.,S'I6"E: 197.SS' ~ ~lll ti;: ",'i ~ ~ ., 'i LOCA TlON MAP, PROJECT OATA 11.44 TOTAL ACRES MIN. LOT SIZE 29 7,59B S.F. 0.17 AC p,o. IIAP 179 PARCEL ( TOTAL NO. OF LOTS TAX PARCEL ZONING R-1D 600' /R/W GREENSPACE AReA DEEDED TO AUGUSTA ACCE:SS IS FROM SEC.3 3.20 AC nUiD 1M .,..T CI .rna ~ ~ @ ',/In SF. 0.21 AC GREENSPACE AReA DEEDED TO AUGUSTA ACCESS IS FROM SEC.;' 1.64 AC This document I. not to scale. N4875'16T RICHMOND COUNTY BOARD 'OF 'EDU( - SPIRIT CREEK MIDDLE SCHOOL l"l I[ = .. ~ ... Q ~ ii " = 915.( Instrument Nuniber: 2003015223 BookIP e: 00854/1252 Date Flied: 051061.2003 15:29:18.00 RECORD PLAT Of: SECll0N TWO VI~fEIlIU~'T Book 00854:1252 A,ugusta - RIchmond County 200301522305/06/200315:29:18.00 PROPERTY LOCAlED IN lHE 1434lH G.t.4.0. AUGUSTA. RICHMOND COUNTY. GEORGIA DA TE :. January 07, 2003 SCALE: 1" = 60' REV. DATE: January 30, 2003 (Lots and Notes P&Z) REV. DATE: February 3. 2003 (Lots and Notes P&Z) REV. DATE: March 3, 2003 (Revised Front Mal) REV. DATE: March 31, 2003 (Rev. Lots 37 & 38 &: added esmt) PREPARED FOR : al'tNER/DEVELOPER NORDAHL & CO.. INC. A 44 5.F. AC J683 WHEELER ROAD ...UGUST.... GEORGIA 30909 (706)860-5992 03 PREPARED BY : SIOUTIHIERN IF' ARTNEIFIS. ONe. ENGINEERS - SURVEYORS - PlANNERS . 1233 AUGUSTA \\lOST PARKWAY AUGUSTA GA. 30909- (706) 855-6000 c " co (.) 1 co . E, ii: i2; I CK/8/lng ~' Drolnog~ ok I UlHlty COSlImsn/ I @ I , BlOCK "A" I \ , NO TES: I.) 1/2" x 24" REBARS SET AT ALL NEW PROPERTY CORNERS AND ALL EX/STING PROPERTY CORNERS ARE AS SHOM! ,ANO DESCRIBED. 2.) THERE SHALL BE A 5' EASEMENT ALONG EACH SIDE OF THE SIDE LOT LINES AND A 10' EASEJotENT ALONG THE REAR OF ALL LOT LINES FOR DRAINAGE AND UnUTfS UNLESS OTHER'MSE SHOMl. 3.) UnUTY EASEMENTS ARE TO BE CENTERED ON UnUnTES AS CONSTRUCTED. 4.) THE FOLLOWING SETBACKS APPLY TO THIS DEVELOPMENT: Front. Setback - Shall be. 25' from the property line. Side Setback - All detached dwellings sholl have a side setback of no less than 5: except where lots abut a RIC Zone the setback shall be 25' . Rear Yard. - The rear setback sholl be the grtJater of 25' or 20% of the depth of the lot, not to exceed 50: 5.) BUILDINGS ARE TO BE DESIGN FOR TWO ON SITE PARKING SPACES. !"l [ " .. ('l. ... co ". ~ " ~ fI~" c... ,. .. -..- , R-tr02J.88': L=172.41' I '1 (alORD= N48"02'OO"c '72.~') I DEl. TA- OO"S.J'4fj" I'. ~6 'I~' ~ ~ ~ ., , Cb \.: F7ELD CLOSURE LinN(' CJosur~: 1,/34,521' AngvJor Clo:wre: 02' MjJslment Ccmpa$s PIoI Closure: 1,/ 2J5,6~' equipment Topcon CIS JOt8 ~i~~' ~ 15' . ,. 9' ~... /iI' iil~~~ g ..I ~, ~j I GRAPHIC SCALE 00 00 .20 EDUCA nON : Note: According :to FEMA fiRM ponel number 130158 01358, mop dote February, 4, 1981 and This document Is not to srole. . - ( IN FEET ) I inch - 60 fL -- 9'5.04' J. a, --<,,:. . I~ ?~~ ~:.-t . .:',,~ f~' -. , ~ ~. , ~~,'(\ :'~.~ i t",. ';. , . Book 00974:2440 Augusta - Richmond County 200500545702/08/200515:19:56.00 $0.00 WARRANTY DEED II111111111111111 0111111111111111111111I1111111111111111111 2005005457 Augusta - Richmond County /' " ;. ~. " ~- _.~ -' - -' '-~=-.=.- ..... - -~. - ....- STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION 2004, betwee~~~~J:,~F~1~~T';c~~~~ef;~ft;~~~~;~r~~t~o t~~ tga~Yof:h~: and AUGUST A, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the Party of the Second Part;, WITNESSETH: THAT the said Party of the First Part, for and in consideration of the sum of One Dollar ($1.00) in cash to it in hand paid by the Party of the Second Part, the receipt of which is hereby acknowledged, at and/or before the sealing and delivery of these presents, and other good and valuable considerations, has granted, bargained, sold, released, conveyed and confirmed unto the said Party of the Second Part, its successors and assigns the following described property, to-wit: All those tracts or parcels of land, situate, lying and being in Richmond County, Georgia, and shown on a plat prepared by Southern Partners, Inc., for Nordahl &,Co., Inc., dated January 7,2003 and last revised on March 31, 2003, containing 3.20 acres shown on said plat as "Greenspace Area Doorlod, tn lil_''''U~.t6 A"'co.s<:, 'IS F"om C::'~c ')". -3Iso-1, 64 ~c"e" c:hown on "~'Id ~--'"" ....... I ,\;t~ - _' t;:t .'-' 'J \oJ I i v.... . \J , . a I\),-, I i ~ct plat as "GreenspaGe Area Deeded to Augusta Access is From Sec. 3". Said plat isrecorded~in the Office of the Clerk of Superior Court of Richmond County, Georgia in Book 854, pages 1251-1252. Reference is hereby made to said plat for a more complete and accurate description of the metes, bounds and location of said property. ALSO, all that tract or parcel of land s'ituate, lying and being in Richmond County, I Georgia, containing 10.09 acres and:::hown on a plat of Southern Partners, Inc. dated November 11, 2003 as "Greenspace Deeded to Augusta". Said plat is recorded in said Clerk's in Book Plat Cabinet C, Slide 81, Plat E. Reference is hereby made to said plat for a more complete And accurate description of the metes, bounds and location of said property. TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges and Augusta-Richmond Countx 7.28-99 1 , '" ~" ..~~ ~:J .'~-':' \->, - .'{~ IOl . .., '<-~ .. ", (' I Book 00974:2441 Augusta - Richmond County "\ I 200500545702/08/2005 15:19:56.00 ' 't.-.., ~__ _~ ~ ;- appurten2ilce's unto the said Party of the Second Part, its successors and assigns, in perpetuity. ' . AND THE SAID' PARTY OF THE FIRST PART, his heirs and legal representatives shall and will forever warrant and defend unto the Party of the Second Part, his successors and assigns, the rights, ways, and easements, privileges, and appurtenance~ conveyed hereir, against the claim or claims of any person or person whomsoever. ' WHENEVER there shall be more than one grantor, the phrase "Party of the First Part" and all related pronouns, relative pronouns and verbs shall read as if written in the plural form, and when appropriate such phrase and related pronouns and relative pronouns shall be read as if written in the feminine or neuter, and when the grantor is a corporation, the word "successor" shall be substituterl fer the words "heirs" and "legal iepr .::sentatives" at the 'appropriate place or places. IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to be executed and sealed the day and year first above written as the date of these presents. Accepted by: ," "". , " , L~ Augusta-Richmond County 7.28-99 By: As Its: 2 r I '\ Filed in this office: Augusta - Richmond County 02/08/200515:19:56,00 Elaine C~ohnson - Clerk of Superior Court '\ 'r .1. ~ .~...: ~', '''~~':~''~ . ~ . Exhibit A Retum to: . County Attorney's ~.~i\::0 S. """t"I~ '104 701 Greene" 't., 0'-' l~; Augusta, GA '3C:~01 ANDREW J. KILPATRICK, II AlTORNEY AT LAW . 3 GEORGE C. WR.SON COURT AUGUSTA. GEORGIA. 30909 f Book 00974:2447 Augusta - Richmond County 2005005458 02/08/2005 15: 19:56.01 '\ ,=-, - -..~. ~. . STATE OF GEORGIA. COUNTY OF RICHMOND . DEED OF DEDICATION 2004, betwee~~~~:dNa~~~1~~~c~~~~ef~~ft~~~~~~~r~~t~o t~~ tga~~Yofih~: and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the Party qf the Second Part; WITNESSETH: THAT the .said Party of the First Part, for and in consideration of the sum of One Dollar ($1.00) in cash to it in hand paid by the Party of the Second Part, the receipt of which is hereby acknowledged, at and/or before the sealing and delivery of these presents, ana othergop'd and valuable considerations, has granted, bargained, sold, released, conveyed and confirmed unto the said Party of the Second Part, its successors and assigns the following described property, to-wit: All those tracts or parcels of land, situate, lying and being in Richmond County, Georgia, and shown on a plat prepared by Southern Partners, Inc., for Nordahl & Co., Inc., dated January 7,2003 and last revised on March 31, 2003, containing 3.20 acres shown on said plat as "Greenspace Area Deeded to P'.ugusta P,ccess is From SGc. 3"; also 1.64 acres shown OJ) said plat as "Greenspace Area Deeded to Augusta Access is From Sec. 3". Said plat is recorded \ih the Office of the Clerk of Superior Court of Richmond County, Georgia in Book 854, pages 1251-1252. Reference is hereby made to said plat for a more complete and accurate description of the metes, bounds and location of said property. ALSO, 'all that tract or parcel of land situate, lying and being in Richmond County, Georgia, containing 10.09 acres and;shown on a plat of Southern Partners, Inc.l dated November .11, 2003 as "Greenspace Deeded to Augusta". Said plat is: recorded in said Clerk's in Book Plat Cabinet C, Slide 81, Plat E. Reference is: hereby made to said plat for a more complete And accurate description of the, metes, bounds and location of said property. ,.' TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges and Augusta-Richmond County 7.28-99 . 1 .a..~ " ~~ "S ,.' t'~ ." ~...., , ~ r ~ Book 00974:2448 Augusta - Richmond County 2005005458 02/08/2005 15: 19:56.01 ~. . ~;. . = __.........cSJo,_::.. -..z............. ~-=--_.~~ _~.~,__,=- ~=,",.:c- ---'-'--..-.:...._ ._~ / . 'i appurtenailces unto the said Party of the Second Part, its successors and assigns, in perpetuity. ' ' , , , ,. AND THE SAID PARTY OF THE FIRST PART, his heirs and legal representatives shall and will forever warrant and defend unto the Party of the Second Part, his successors and assigns, the rights, ways, ~nd easements, privileges, and appurtenances conveyed herein, against the claim or claims of any person or person whomsoever. " . WHENEVER there shall be more than one grantor, the phrase "Party of the First Part" and all related pronouns, relative pronouns and verbs shall read as if written in the plural form, and when appq)priate such phrase and related pronouns and relative pronouns shall be read as if written in the feminine or neuter, and when the grantor is a corporation, the word "successor" shall be substituterf for the words "heirs" and "!egal iepr .::s6ntatives" at the appropriate place or places. IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to be' executed arid sealed the day and year first above written as the date of these presents. Accepted by: I : . , AUGUST.~!... By: .,' , As Its' Attest: C r " ($cAL) .:, .- Augusta-Richmond County 7-26-99 I, By: As Its: 2 ( \ '\ Filed in this office: Augusta - Richmond County 02/08/2005_15:19:56.01__ __ ---"\ Elaine C. Johnson Clerk of Superior Court ! ;.- .~ ,~~'~-' ~-, . ..- -~ ' :::--- ~ '1"'-- .-.' r Book 00974:2442 Augusta - Richmond County 2005005458 02108/200515:19:56.01 $0.00 DECLJ,\RATION RESTRICTIVE COVENA 1111111111111111111111111111111I11111111I11101111111111101 2005005458 Augusta - Richmond County ;"-J:~ j 'f ,. " (0 \~ n , t~ - ..... Return to: Stephen Eo; ~hepard, .County Attorney Shepard, Plunkett, Hamilton, Boudreaux & Tisdale, LLP 701 Greene Street, Suite 104 Augusta, Georgia 30904 STATE OF GEORGIA ) COUNTY OF RICHMOND ) DECLARATION OF RESTRICTIONS AND COVENANTS This declaration is made this 21 st day of Jul~, 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 Nordahl & Co., Inc. by deed dated July 21, 2004 and recorded in the Office of the Clerk of Superior Court of Richmond County-in Realty Book~, pages.241.O.-, and WHEREAS, the Property was acquired with Gnint Funds pursuant to the Georgia Greenspace . Program. Grant A ward Agreement dated June 12, 2001, by and between the State of Georgia,. Department of Natural Resources, and Augusta, Georgia, (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 =- '\i" '.~ ,~ '\ ,r Book 00974:2443 Augusta - Richmond County , 200500545802/08/2005 15:19:56.011 .' . -; <:.cc.:c::-.o~.-~ ~,-.."'.> ::.=... ~.. =., "-~,~ _"'..=. ,_c~; -:-,...~_. --=-~- _~.._..o:-_,'i'\-_ manner as to achieve one or more of the nine statutory goals of the Georgia Greenspace Act (O.C.G.A. ~36,.22":1, et seq.) including, protecting or enhancing water quality, providing flood protect~on, providing natural habitat and corridors for native plant and animal species, protecting ar~haeological and historic resources, providing passive recreation, or providing connective links between lands contributing to the goals of the Georgia Greenspace ACt, and Declarant agrees to restrict the use of the Property as provided herein. . NOW, THEREFORE, for and in consideration of Ten and no/] 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 iri real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting Inatural, 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 propert)~. "Georgia Greenspace Act" shall mean O.C.G.A. 36-22-1 ~36-22-1, et :seq ~ "Grant Agreement" shall mean that certain Georgia Greenspace (b) , ! (c) Program Grant Award Agreement dated June 12, 2001, by and between the State of Georgia, Department of Natural Resources, and, Augusta, Georgia. (d) ~IGreenspace" shall mean permanently protected land and water, !n~luding agricultural, and forestry land whose development rights have been severed from the property, that is in its undeveloped, .~ -.1r . " .'~ ,r \ Book 00974:244'4 Augusta - Richmond County 2005005458 02/08/2005 15: 19:56.01 . ", ~-",,~::.--=== - -.::. "'-==". -=--'-~. natural state and that has been developed only to the extent .consistent with, or is restored to be consistent with, one or more of the following goals: n Water quality protection for rivers, streams, and lakes; " 2) Flpod 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) Pr~tection 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) "4and Trust" shall mean Southeastern Natural Sciences Academy Land Tru~t, 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 00974:2445 Augusta - Richmond County 2005005458 02/08/2005 15: 19:56.01 I ... "':i'-~ ;. .~..: ., ","""'_n~=-=.~. ;=~A-- 3. Use. The operation, use and maintenance of the Property, and any improvements, shall be subject to and shall comply with the Conservation Easement. 4. Covenants Running with the Land. . Declarant acknowledges and agrees that the ConserVation Easement is, appurtenant to and runs with the land, and shall be binding and enforceable against Declarant, its successors and assigns, and any Trustee appointed to manage the Property. The Conservation easement shall inure to the benefit of the State of Georgia? the -Land Trust, and their respective successors and assigns, and shall be enforceable by the State of Georgia, its agents or assigns, and Land Trust, its successors and assigns, in the Superior Court of Richmond County, Georgia. 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. GeneralProvisions. (a) Headings. The use of headings, captions and numbers in this Declaration is solely for the convenience. 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. Time is of Essence of This Declaration. , (b) (c) ( Book00974:2446 Augusta - Richmond County 2005005458 02/08/2005 15: 19: 56.01 " .' . ;1. ~'.~:~ f;i , " -... ...- -'--'--f-=-~-;:::;-""-,",~-=',,-,, ..:.~ '""-00 ..:.- __ -""-... =''>+=-'= "'--==-== ".,."._...'....';- " (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 WHE~OF, Declarant has signed and sealed this Declaration, on the day, month and yearfirst above written. DECLARANT: :~~:~~. ~." 'i:~~ TES'l.;~;t~~":h(~..."o..'V~:.. , ~~: .... '1. -,;" .. .0 -." 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