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Home My WebLink AboutGENERAL WARRANTY DEED FROM THOMAS AND ELLEN KENNEDY TO THE CITY FOR PROPERT ON LOT 4 BLOCK B SECTOPM 4 BRYNWOOD SUDIVISIONY SECTION IV BRYNWOOD SUBDIVISIONFrails and Wilson , PC 211 Pleasant Home Road S uite A - Augusta, GA 30907 For the consideration of One hundred fifty -one thousand two hundred sixty -five and zero cents ($151,265.00) dollars, and other valuable consideration, I /We, Thomas E. Kennedy and Ellen C. Kennedy, the "Seller ", do hereby convey to the City of Augusta, Georgia, the "City ", 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 4, Block "B ", Section IV, Brynwood Subdivision, as shown on a plat recorded in the Office of the Clerk of the Superior Court of Augusta- Richmond County, Georgia, in Realty Book 37 -Y, pages 162 -167. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds, courses, distances and location of said property. This property is conveyed subject to Protective Covenants of record in said Clerk's Office in Realty Book 35 -Y, pages 168 -173; and to any and all applicable easements, reservations and restrictions of record. Tax Map and Parcel Number: 017 -4- 063 -00 -0 The following document entitled "Deed Restrictions" is attached hereto, and by reference made a part hereof. Thislay of )‘ , 2012. Witness Witness Owner — Ellen C. Kennedy Book 01376:0285 Augusta - Richmond County 2013000548 01/07/2013 16:13:41.00 $16.00 WARRANTY DEED !minim!! in !!!!!!!!!! n!!!! m!!!! Holm in !1!! !!!! ! 11111 111! 11111111111 11111111 !1111111111111111111111111111 2013000548 Augusta - Richmond County GENERAL WARRANTY DEED FOR PROPERTY Witness my hand and official seal this 6` day of _C�e.+��].e r. 2012. "Deed Restrictions" Book 01376:0286 Augusta - Richmond county 2013000548 01/0712013 16:13:41.00 WITNESSETH In reference to the property or properties ( "Property") conveyed by the Deed between Thomas E. Kennedy and Ellen C. Kennedy, participating in the City of Augusta Voluntary Acquisition Program (the "Seller ") and the City of Augusta, Georgia (the "City"), its successors and assigns: WHEREAS, the City of Augusta has approved a budget, from SPLOST funding, for the acquisition 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 in order to protect and preserve natural floodplain values. Now, therefore, the grant is made subject to the following terms and conditions: 1. Terms. The following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the City of Augusta 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, Riparian areas; and other uses consistent with floor reduction. 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 that has been flood proofed or designed to flood; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be flood proofed or elevated to at least the base flood level plus 3 foot of freeboard. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre- existing structures being relocated off the property as a result of the project. d. Transfer. The City, including successors in interest, shall convey any interest in the Property to any other party, unless it is for the furtherance of management of the natural floodplain, such as a qualified conservation organization. However, the City of Augusta may convey as easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph i, of this section so long as the conveyance does not include authority to control and enforce the terms and conditions of this section and said easement/ lease being subject to a conservation easement that shall be recorded with the easement/ lease and shall incorporate all terms and conditions set forth in this section, including the easement/ lease holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: Inspection. The City of Augusta 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 the Property conveyance/ lease. Monitoring and Reporting. If conveyed or leased, it will be the responsibility of the new property owner/ lease to submit a yearly report, on January 1S of each year, certifying that the new property owner/ lease has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of the property conveyance/ lease (natural floodplain functions). Enforcement. IF conveyed or leased, it will be the responsibility of the new property owner/ lease, and their respective representatives, successors and assigns, to take measures to bring the Property back into compliance if the Property is not maintained according to the terms of the property conveyance/ lease. The relative rights and responsibility of the City of Augusta and Sequent holders of the property interest at the time of enforcement shall include the following: The City of Augusta will notify the new property owner/ lease and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. If the new property owner/ lease or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the conveyance/ lease within 60 -days period, the City of Augusta shall enforce the terms of the conveyance/ lease by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. The City of Augusta, its representative, and assignees may enforce the terms of the conveyance/ lease by taking any measures it deems appropriate, including but not limited to 1 or more of the following: i. Requiring transfer of Title. The new property owner/ lease or any current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the conveyance/ lease; and /or ii. Bring an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the new property owner/ lease or any current holder of the property interest and their respective successors. 2. Amendment. This agreement may be amended upon signatures of the City of Augusta, and the Seller only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 3. Severability. Should any provision of this Deed Restriction or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the Deed Restriction and its application shall not be affected and shall remain valid and enforceable. The / / day of cg» Gam— , 2012. Signed, Sealed and Delivered In the Presence of: Unof ficial Witness Book 01376:0287 Augusta - Richmond County 2013000548 01/07/2013 16:13:41,00 Thomas E. Kenne • Book 01376:0288 Augusta - Richmond County • /. Unofficial itness 2013000548 01/07/20t3 16:13:41.00 b2-e- Honorable Deke Copenhaver The City of Augusta, Georgia's Mayor