HomeMy WebLinkAboutGENERAL WARRANTY DEED FOR PROPERTY 1935 HOPIE ROAD JOESPH O' NEIL SWANN THE GRANTOR ZsaAl Lax. - A - 0:
Frans & Wilson
211 Pleasant Home Road
Suite A -1
Augusta, GA 30907
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GENERAL WARRANTY DEED FOR PROPERTY
For the consideration of $ 23,540.00 dollars. and other valuable consideration, I, Joseph O'Neil
Swann, the GRANTOR, do hereby convey to the City of Augusta, Georgia, the GRANTEE, the
following described real property situated in the City of Augusta, Georgia:
ALL that lot or parcel of land, with improvements thereon, situate, lying and being in the State
of Georgia, County of Richmond, being known and designated as Lot 14, in Tract 5 of a plat of
Hollywood Subdivision prepared by Bobby G. Price, C.E., dated July 11, 1983, and recorded in
the Office of the Clerk of the Superior Court of Richmond, Georgia, in Reel 168, at Page 934:
reference being made to said plat for a more complete and accurate description as to metes,
bounds, and location of said property. Bounded: North by Lot 13 of said tract and plat; East
by Hopie Road; Southwest and West by Rozella Street, and Northwest by Lot 15, of said tract
and plat.
Said property is further described on a plat recorded in Reel 183. at Page 1837, in said Clerk's
Office; reference being also made to said plat for a more complete and accurate description as
to metes, bounds, and location of said property.
Tax Map and Parcel Number: 070 -4- 042 -00 -0
The following document entitled "Deed Restrictions" is attached hereto, and by reference made a part
hereof.
Witness
Witness my hand and official seal this Lday ofJLPXY') ., 2011.
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$16.00 WARRANTY DEED
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2012012542 Augusta - Richmond County
"Deed Restrictions"
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WITNES SETH
In reference to the property or properties ( "Property") conveyed by the Deed between Joseph O'Neil
Swann participating in the federally- assisted acquisition project ( "the Grantor ") and the City of Augusta,
Georgia ( "the Sub - grantee "), its successors and assigns:
WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ( "The Stafford Act "),
42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation
Grant Program ( "HMGP "), including the acquisition and relocation of structures in the floodplain;
WHEREAS, the mitigation grant program provides a process for a local government, through the State, to
apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of
structures in the floodplain, to demolish and /or remove the structures, and to maintain the use of the
Property as open space in perpetuity;
Whereas, Georgia has applied for and been awarded such funding from the Department of Homeland
Security, Federal Emergency Management Agency ( "FEMA ") and has entered into a mitigation grant
program Grant Agreement dated March 25, 2011 with FEMA and herein incorporated by reference;
making it a mitigation grant program grantee.
Whereas, the Property is located in the City of Augusta, Georgia, participates in the National Flood
Insurance Program ( "NFIP ") and is in good standing with NFIP as of the date of the Deed;
Whereas, the City of Augusta, Georgia acting by and through the City of Augusta Council, has applied
for and been awarded federal funds pursuant to an agreement with Georgia dated March 25, 2011, and
herein incorporated by reference, making it a mitigation grant program subgrantee;
WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program
requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement
require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in
order to protect and preserve natural floodplain values;
Now, therefore, the grant is made subject to the following terms and conditions:
1. Terms. Pursuant to the terms of the Hazard Mitigation Grant program statutory authorities, Federal
program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local
Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in
the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the
acquisition of property for open space:
a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the
conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational
activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate
warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and
other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance,
Requirements for Property Acquisition and Relocation for Open Space.
b. Structures. No new structures or improvements shall be erected on the Property other than•
i. A public facility that is open on all sides and functionally related to a designated open space
or recreational use;
ii. A public rest room; or
iii. A structure that is compatible with open space and conserves the natural function of the
floodplain, including the uses described in Paragraph 1.a., above, and approved by the
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structures on the property occurring after the date of the property settlement, except for pre exisung
structures being relocated off the property as a result of the project.
d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if
the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in
accordance with this paragraph.
i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a
signed statement from the proposed transferee that it acknowledges and agrees to be bound by the
terms of this section, and documentation of its status as a qualified conservation organization if
applicable.
ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation
organization. However, the Grantee may convey an easement or lease to a private individual or entity
for purposes compatible with the uses described in paragraph (a), of this section, with the prior
approval of the FEMA Regional Administrator, and so long as the conveyance does not include
authority to control and enforce the terms and conditions of this section.
iii. If title to the Property is transferred to a public entity other than one with a conservation mission,
it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall
incorporate all terms and conditions set forth in this section, including the easement holder's
responsibility to enforce the easement. This shall be accomplished by one of the following means:
a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an
entity other than the title holder, which shall be recorded with the deed, or
b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it
with the deed.
iv. Conveyance of any property interest must reference and incorporate the original deed restrictions
providing notice of the conditions in this section and must incorporate a provision for the property
interest to revert to the State, Tribe, or local government in the event that the transferee ceases to
exist or loses its eligible status under this section.
2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the right to
enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the
Property to ensure compliance with the terms of this part, the Property conveyance and of the grant
award.
3. Monitoring and Reporting. Every three years on November 1, the Grantee (mitigation grant program
subgrantee), in coordination with any current successor in interest, shall submit through the State to the
FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the
month preceding the report, and that the Property continues to be maintained consistent with the
provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award.
4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their
respective representatives, successors and assigns, are responsible for taking measures to bring the
Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part
80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the
State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall
include the following:
a. The State will notify the Grantee and any current holder of the property interest in writing and
advise them that they have 60 days to correct the violation.
i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith
effort to come into compliance with the terms o f th grant within the fn -rla 'i, narinr1 rhr. Qtata
Signed, Sealed and Delivered
In the Presence of:
mm on Expires
May 26, 2018
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b) Requiring transfer of title. The Grantee or the current holder of the property interest
shall bear the costs of bringing the Property back into compliance with the terms of the
grant; or
c) Bringing an action at law or in equity in a court of competent jurisdiction against any or
all of the following parties: the State, the Tribe, the local community, and their respective
successors.
5. Amendment. This agreement may be amended upon signatures of FEMA, the State, and the Grantee
only to the extent that such amendment does not affect the fundamental and statutory purposes underlying
the agreement.
6. Severability. Should any provision of this grant or the application thereof to any person or
circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this
grant and their application shall not be affected and shall remain valid and enforceable.
The ,7 day of �� erne , 2011.
seph O'Neil wann.
Honorable Deke Copenhaver
The City of Augusta, Georgia's Mayor