ORD 2013-13 Adopted ORDINANCE NO. 2013-13
TO APPROVE REVISIONS TO AN EASEMENT PREVIOUSLY GRANTED BY THE
CITY. THE PROPERTY SUBJECT OF THESE ACTIONS IS RELATED TO A
DEVELOPMENT KNOWN AS PLAZA PLACE APARTMENTS.
WHEREAS, in 1971, the City of North Augusta (hereinafter "City) granted
an easement unto Fick ling and Walker Development Company that was for the purpose of
providing access to the development now know\as Plaza Place Apartments from East
Spring Grove Avenue into the development. Said easement being recorded in the Office of
the RMC for Aiken County, South Carolina in Book 442 at Page 397; and
WHEREAS, a minor amendment to said easement was previously made as
recorded in Misc. Book 190 at Page 68, records of the RMC for Aiken County, South
Carolina; and
WHEREAS, the property was recently purchased by Plaza Place Partners,
LLC and in the course of having the property platted, it was determined that a minor
portion of the entrance roadway was constructed outside of the previous easement granted
on property belonging to the City; and
WHEREAS, by way of discussions, the City and Plaza Place Partners, LLC
have determined that the variation is very minor and that it would be agreeable to amend
the easement document to be consistent with the actual constructed roadway as shown on
that certain plat prepared for Plaza Place Partners, LLC, dated the 26`h day of February,
2013, a copy of which is attached to this Ordinance; and
WHEREAS, in addition to the roadway, some questions have arisen relative
to the easement area that was provided to be used for an "entrance sign"; and
WHEREAS, the location of the entrance sign is also shown on the afore-
referred-to plat; and
WHEREAS, Plaza Place Partners, LLC has requested that the City execute
an amended easement document to confirm and clarify the easement area as identified on
the February 26, 2013 plat; and
WHEREAS, the City has determined that the request is a reasonable request
and the clarification of the easement will be beneficial to Plaza Place Partners, LLC,
without being detrimental to the City in any manner; and
WHEREAS, the Mayor and City Council have determined that it would be
proper for the City to execute the amendment to easement.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the City of North Augusta, South Carolina, in meeting duly assembled and by the authority
thereof, that:
1. The City Administrator is hereby authorized to execute the attached
Amendment to Easement, marked "ExHIBIT A" and incorporated by
reference, on behalf of the City and to deliver same to Plaza Place
Partners, LLC.
2. All other ordinances or parts of other ordinances in conflict herewith
are to the extent of such conflict, hereby repealed.
3. This Ordinance shall become effective upon its adoption on the third
reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF , 2013.
I First Reading: 10 7 - 13
Second Reading: 10-- -7-13 Lark W. Jones, Mayor
Third Reading: 10 — 2-1-13 ATTEST:
Donna B. Young, City Clerk