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 -." ". ,-~
r1;,' .- ','~:'.. oc."r,..:..f~t .
~ ' , ' '" :.' \ ....~ {/ '::
'. ~ ,< 'r'Si\ .:; ~ tj ~. "
CI .r -~ .., -{;$',.-'1"1 ..... Ji1~~ ,":> ~ ~ " '
er '.. ~*'\~ N"" ,~,'['!, '!, ",I"
~'.~ '~, L~~ 1J ~'7.ii~ ~~'~~':)~!~:~,e:,~.:~,~;:r~.:.:..
~ l> ':i-.h,,. ',' f '.70;".,1'," <~' "Vi"
;. Z \. ~.. ~ ~ tJ"O ffi. :: ~i~'
~ ~ t'<' , .'J
, r(~ ~Ol iZ-(}>-t:! ds.~C' ,.;; ::? ~
. 'U.-4 --C~QCt.-o,~,eQ"~-:!~7'._i".J~'-;
i t ~ {r'ltfih7cr~~ C~, ',f::~(:~ ~
, t: ~~;~~';;j;:j~1i:\~'/(
.1d
Signed, Sealed and Delivered
in~ce of: .. .
W' ." ';.'.'ii~
JtI?~~S ..1. ,,~t;;';}~" ,', '
. .x.' , jj 0 ,./. ;..' ". "
..:c:';' .\:./..:.I!"I"...~.::<.~,~
... -..."'" . '" ._,,'.'; 'I ~r .. - ..
(~?'-:.. + ,.' . ,I' .'. ).~~ "';".';.. '
4'Nf}t@~ . DI'f~rStEt€tbfGeorgia
i _~. " ,f. j +. ,,_l',~
l~ My C(jrnmission:~~p.lres: ,
. ,.; :~ c::;J~ . +. ~.." ~ '." .
: ':,;.:, ~~/lM:lIiC.~COl,~i)jbi~Cpun~, G,~rgia
,; :.{,::':~~~'~~~~~~ ~~~~:~M~!;'l; 2006,.
.r,,,~,~,,,,tl;f;/r."n ~ \(~:-<:.;.. , . ,
'1~:~!:ii~;4,t?:'~~'":~t~" .