HomeMy WebLinkAboutGENERAL WARRANTY DEED FOR PROPERTY OWNED BY THOMAS C CONNOLLY, DAVID H CONNOLLY, JR AND ROY D TRITT, THE SELLER 1925 HOPIE ROADFrails and Wilson , PC
211 Pleasant Home Road
Suite A -1
Augusta, GA 30907
J 7 Y c
Book 01378:2128 Augusta - Richmond County
2013002911 01/30/2013 15:30:50.00
$22.00 WARRANTY DEED
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2013002911 Augusta - Richmond County
GENERAL WARRANTY DEED FOR PROPERTY
For the consideration of Seventeen Thousand Four Hundred Eighty -Nine and zero cents
($17,489.00) dollars, and other valuable consideration, I /We, Thomas C. Connolly, David H.
Connolly, Jr. and Roy D. Tritt, 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 tract or parcel of land, together with the improvements thereon, situate, lying
and being in the State of Georgia, County of Richmond, about 4 -1/2 miles from the City of
Augusta, located on the West side of Hopie Road, and being known and designated as Lot
No. 9 in Tract "5 ", on a certain plat of Hollywood Subdivision recorded in the Office of the
Clerk of the Superior Court of Richmond County, Georgia in Realty Book 16 -N, page 216;
reference being made to said plat for a more particular description of the property hereby
conveyed.
Tax Map and Parcel Number: 070 -4- 037 -00 -0
The following document entitled "Deed Restrictions" is attached hereto, and by reference made a
part hereof.
This P ay of _l . �' , 2012.
Witness
Witness my hand and official seal this
Witness
day of
Notary Public
My commission expires on:
Owner — David H. Connolly
For the consideration of Seventeen Thousand Four Hundred Eighty -Nine and zero cents
($17,489.00) dollars, and other valuable consideration, 1/We, Thomas C. Connolly, David H.
Connolly, Jr. and Roy D. Tritt, 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 tract or parcel of land, together with the improvements thereon, situate, lying
and being in the State of Georgia, County of Richmond, about 4 -1/2 miles from the City of
Augusta, located on the West side of Hopie Road, and being known and designated as Lot
No. 9 in Tract "5 ", on a certain plat of Hollywood Subdivision recorded in the Office of the
Clerk of the Superior Court of Richmond County, Georgia in Realty Book 16-N, page 216;
reference being made to said plat for a more particular description of the property hereby
conveyed.
Tax Map and Parcel Number: 070 -4- 037 -00 -0
The following document entitled "Deed Restrictions" is attached hereto, and by reference made a
part hereof.
Thi
Witness
Witness my hand and official seal this
Notary Public
My commission expires on:
.Witness
Witness my hand and official seal this I
GENERAL WARRANTY DEED FOR PROPERTY
Notary Public
My commission expires on:
, 2012.
Book 01378:2129 Augusta - Richmond County
2013002911 01/30/2013 15:30:50.00
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Owner — David H. Connolly ZA.
, 2012.
TERESA BOULWARE
Notary Public
Lumpkin County
State of Georgia
My Commission Expires Mar 16, 2015
Witness
My commission expires on:
Book 01378:2130 Augusta - Richmond County
2013002911 01/30/2013 15:30:50.00
Owner o D Tritt
Witness my hand and official seal this � day of la 012.
Book 01378:2131 Augusta - Richmond County
2013002911 01/30/2013 15:30:50.00
"Deed Restrictions"
WITNESSETH
In reference to the property or properties ( "Property") conveyed by the Deed between Thomas C.
Connolly, David H. Connolly, Jr. and Roy D. Tritt, 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 l 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:
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. Sevcrability. 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.
U
The
TERESA BOULW/ fficial Witn
Notary Public
Lumpkin Cou
State of Georgffota
My Commission Expires Mar
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.
Signed Sealed and Delivere
In th esence of:
Unofficial Witness
day of _ '"'"'' ,2012.
Book 01378:2132 Augusta - Richmond County
2013002911 01/30/2013 15:30:50.00
Thomas C. Conno
y
The
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.
Signed Sealed and Delivere
day of , 2012.
In the esence of:
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Book 01378:2133 Augusta - Richmond County
2013002911 01/30/2013 15:30:50.00
Thomas C. Connolly
Notary Public
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4 ` Honorable Deke Copenhaver
The City of Augusta, Georgia's Mayor
1/03