HomeMy WebLinkAboutGENERAL WARRANTY DEED FROM THOMAS AND ELLEN KENNEDY TO THE CITY FOR PROPERTY ON LOT 4, BLOCK B SECTION IV BRYNWOOD SUBDIVISONFor 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.
This) ay of }G-t.1/ , 2012.
Witness
r(1 43:
Frails and Wilson , PC
211 Pleasant Home Road
Suite A -1
Augusta, GA 30907
Witness
Book 01376:0285 Augusta - Richmond County
2013000548 01/07/2013 16:13:41.00
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$16.00 WARRANTY DEED
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2013000548 Augusta - Richmond County
GENERAL WARRANTY DEED FOR PROPERTY
Witness my hand and official seal this" day of G �. 2012.
Owner — Ellen C. Kennedy
"Deed Restrictions"
Book 01376 :0286 Augusta - Richmond County
2013000548 01/07/2013 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:
Book 01376:0287 Augusta - Richmond County
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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 Gc.-• , 2012.
Signed, Sealed and Delivered
In the Presence of:
Unofficial Witness
414 Thomas E. Kennedy
Unofficial ' Iitn I) /
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Notary 0 t v #0
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,`j` duly
Book 01376:0288 Augusta - Richmond County •
2013000548 01/07/20t3 16:13:41.00
Honorable Deke Copenhaver
The City of Augusta, Georgia's Mayor