RES 2013-19 Adopted 0 0
RESOLUTION NO. 2013-19
TO AUTHORIZE THE PLACEMENT OF A DECLARATION OF
RESTRICTIVE COVENANTS ON A PORTION OF PROPERTY WITHIN
RIVERVIEW PARK AS REQUESTED BY THE US FISH AND WILDLIFE SERVICE
WHEREAS, the City, in anticipation of improvements to its water treatment
plant, has found it necessary to relocate some endangered plants, of a species known as
Trillium Reliquum, from the proposed construction area to a protected area within
Riverview Park; and
WHEREAS, the US Fish and Wildlife Service has authorized such relocation
with a provision that the City place restrictive covenants on a 1.08 acre parcel of property
where the relocation has taken place; and
WHEREAS, the governing body of the City of North Augusta determines it
to be in the best interest of the City to comply with said request and place such restrictive
covenants on the property.
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of
the City of North Augusta, South Carolina, in meeting duly assembled and by the authority
thereof, that the declaration of Restrictive Covenants, which is attached hereto, marked
"Exhibit A" is approved by said body, and that the City Administrator is authorized to
execute all documents as necessary to impose such covenants as requested by the US Fish
and Wildlife Service.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCjT, OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
2e,0 ' DAY OF MAY, 2013.
2013013918
- RESOLUTION Kenneth J. ;D owell
RECORDING FEES $10 00 Mayor Pro Tempore
- PRESENTED&RECORDED
- 06-04-2013 04:38 PM
JUDITH WARNER
UMNSE C CONVEYANCE riG,-
BY:LYNN STEMBRIDGE DEPUTY
BK: RB 4462 Donna B. Young, City Cl
PG: 2498 - 2498
STATE OF SOUTH CAROLINA DECLARATION OF
RESTRICTIVE COVENANTS
COUNTY OF AIKEN
I
THIS DECLARATION OF RESTRICTIVE COVENANTS is made this`d day of
44-e- , 2013 , by C-A-a-4-- °b 'r104-44'r104-44--N ("Declarant(st).
RECITALS
WHEREAS, the City of North Augusta, Declarant, is the owner of certain real property
located in Aiken County, South Carolina, more particularly described as a 39,14 acre tract of
land identified as TMS 003 12 01 001, a portion of which is to be utilized for expansion of its
existing water treatment plant; and
WHEREAS, a Federally endangered plant species known as Trillium reliquum
(commonly known as and hereafter referred to as Relict trillium) occurs within the area of the
planned expansion; and
WHEREAS, recognizing the continuing benefit of this endangered plant species and its
obligation to protect this plant species, Declarant has agreed to place certain restrictive
covenants on a portion of the property, in order that the property shall remain substantially in its
natural condition forever.
NOW THEREFORE, Declarant declares that a 1.08 acre portion of the property, as
shown on the attached Exhibit A drawing , shall be held in preservation subject to the following
restrictive covenants which shall run with the land and be binding on all heirs, successors,
assigns, lessees, or other occupiers and users.
1. Prohibitions. Declarant shall be prohibited from the following: filling, draining, flooding,
dredging, impounding, clearing, burning, cutting, destroying vegetation, cultivating, excavating,
erecting, constructing, releasing wastes, or otherwise doing any work on the property;
introducing exotic species into the property; and from changing the grade or elevation, impairing
flow or circulation of waters, and any other discharge or activity. Upon permission by the
Declarant, the preservation area may be entered for educational observation purposes.
2, Amendment. After recording, these restrictive covenants may be amended by a
recorded document signed by the U.S, Fish and Wildlife Service (USFWS) and the Declarant.
Amendment shall be allowed at the discretion of the USFWS, and then only in exceptional
circumstances. There shall be no obligation to allow an amendment.
3. Reserved Rights. It is expressly understood and agreed that these restrictive covenants
do not grant or convey to members of the general public any rights of ownership, entry, or use
of the property. These restrictive covenants are created solely for the protection of the property,
and for the consideration and values set forth above, and the Declarant reserves the ownership
of the fee simple estate and all rights appertaining thereto, including without limitation the rights
to exclude others and to use the property for all purposes not inconsistent with these restrictive
covenants. Access to the property may be granted to the USFWS upon notification to the
Declarant or Declarant's Agent. All provisions of these restrictive covenants apply to the
preserved area only and shall not encumber any uses or activities associated with that portion
of the property lying and being outside of the preserved area.
4. Property Transfers. Declarant shall include the following notice on all deeds,
mortgages, plats, or any other legal instruments used to convey any interest in the property
(failure to comply with this paragraph does not impair the validity or enforceability of these
restrictive covenants):
NOTICE: This property subject to Declaration of Restrictive Covenants
at (book and page references,
County and date of recording).
5. Marking of Preservation Area. The perimeter of the preservation area shall at all times
be plainly marked by permanent signs stating "Protected Natural Area— Do Not Disturb". Signs
shall be of a sufficient number to define the limits of the preservation area.
IN WITNESS WHEREOF, the Declarant(s) has/have duly executed this Declaration of
Restrictive Covenants the date written above.
IN THE PRESENCE OF: Declarant
C, By:
`' d a name of wi'ess under signature line] [type lam• of ind' d under signature line]
j r-&5 C•Zec S / IS• AAA_ d •bet e"•
Its: a;4-i Acm.n;5+rc�-10
[type name witness under signature line] [title of signing individual, where applicable]
STATE OF SOUTH CAROLINA
) ss.
COUNTY OF
—r-0.Na-w_CC. ZeaSe,--
I, a Notary Public, do hereby certify that ICev'',N kJh'Uei‘ Personally
appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and seal this day of C.14-AA--4— , 20 !3 .
(Signature of Notary Public)
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(Typed/Printed name of Notary Public)
NOTARY PUBLIC FOR SOUTH CAROLINA
My Commission Expires: I1 4- 1 6
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LOCATION MAP NTS
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—CITY OF NORTH AUGUSTA
RECREATIONAL FACILITIES
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CITY OF NORTH AUGUSTA
PARCEL NO.
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$ 2013013919
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fi RESTRICTIVE COVENANTS
RECORDING FEES $10.00
' PRESENTED&RECORDED
V 06-04-2013 04:38 PM
PRESERVATION AREA / Iw RA/
MINK 4VMESS) == JUDITH WARNER
1.08 ACRES TOTAL 1I RN0 REGISTER OF MESNE CONVEYANCE
�� p0S AIKEN COUNTY,Sc■�- cuwESCt - BY:LYNN STEMBRIDGE DEPUTY
„,�, FENCE
- BK: RB 4463
-�-� - - - - - - - CFWN UtIN FENC£
PG: 1 - 3
1 WATER TREATYEM Pldili
TO RNERJIEW
I PARK DRIVE
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EXHIBIT A
SKETCH PLAN-RELICT TRILLIUM PRESERVATION AREA
SCALE : 1” = 300±