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RES 2013-33 Adopted RESOLUTION NO. 2013-33 AGREEMENT BY THE CITY OF NORTH AUGUSTA TO ACCEPT A CONSERVATION EASEMENT FROM DWT PROPERTIES, LLC FOR AN AREA CONSISTING OF 175.88± ACRES. II, WHEREAS, the City of North Augusta (hereinafter "City") has been contacted by DWT Properties, LLC requesting that the City act as a holder of a Conservation Easement of Property belonging to DWT Properties, LLC, a Georgia Limited Liability Company; and WHEREAS, the property proposed to have such Conservation Easement placed against it is land consisting of 175.88 acres, more or less, as shown on the exhibit attached hereto, marked as "Exhibit A" and incorporated by reference; and WHEREAS, the City has reviewed the request and determined that the placing of the Conservation Easement on the premises as proposed by DWT Properties, LLC could be beneficial to the City of North Augusta; and WHEREAS, the Council has determined that as a condition of accepting such Conservation, that it would be necessary that the land owner execute such documentation as necessary to allow for the annexation of said property into the Municipal Corporate Limits of the City, at such time as said annexation could be legally accomplished. NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, that the City accepts the Conservation Easement as proposed by DWT Properties, LLC, with the specific requirement that contemporaneously, with the execution of the Conservation Easement and the formal acceptance of same by the City, that such documents as deemed necessary by the City Attorney be executed by DWT Properties, LLC, agreeing on behalf of DWT Properties, LLC, its successors and assigns, to execute such documentation, upon request by the City, to annex said property into the Municipal Corporate Limits. Be it further resolved that the City Administrator is authorized to execute such documents as necessary to complete this matter. Page 2 DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY CO CIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS I DAY OF NOVEMBER, 2013. I! Lark W. Jones, Mayor ATTEST: lI I_ I Donna B. Young, City Clerk jl t II f{ � I++ II ! 1 ? , tl!!' r � li I I I P I , I ' II E If 1 � I jI � I a I { � y EXHIBIT A FATIC-516 Schedule A ALTA Owner's Policy (6-17-06) FIRST AMERICAN TITLE INSURANCE COMPANY EXHIBIT A Issuing Office File No.: 2012-105 LAYMAN Attached to Policy No.: FA-5011400-0626468e LEGAL DESCRIPTION: Parcel One: All that certain piece, parcel or tract of land, containing 131.95 acres, more or less, situate, lying and being in Edgefield (formerly Aiken County) County, South Carolina approximately five (5) miles North of the City of North Augusta and approximately two (2) miles West of the Five Notch Road, reference for the exact metes and bounds being made to a plat by K. L. Wise, R. L. S., dated November, 1961, recorded in the Clerk's Office for Aiken County in Plat Book 2 at page 35. Said tract of land is bounded on the North by lands of George Whatley, Sr., lands of Gore, lands of Sanders, possible others; on the East by the right-of-way of the Georgia and Florida Railroad; on the South by Lake Gregory Road; and on the West by Lake Gregory and lands of W. M. Gregory, Less and excepting therefrom, all those certain pieces, parcels or lots of land, situate, lying and being located near Lake Gregory in the County of Edgefield (formerly Aiken County), State of South Carolina, being shown and designated as Lots 1 through 9, Block A, on a plat of Lake Gregory Golf Course (now North Augusta Country Club, Inc ) which said plat is made a part and parcel hereof by reference thereto and recorded in Plat Book 2 at page 47, records of Aiken County, South Carolina, and in Judgment Roll #31595 in the records of Edgefield County South Carolina Parcel Two: Together with all that certain piece, parcel or tract of land, situate, lying and being located about five (5) miles from North Augusta, in the County of Edgefield (formerly Aiken County), State of South Carolina, containing 38.18 acres, more or less, all of which is more fully shown on a plat made for W. M. Gregory by K. L. Wise, Surveyor, dated December, 1973, which said plat is made a part and parcel hereof by reference thereto and recorded in Plat Book 21 at page 121, records of Edgefield County, South Carolina Parcel Three: Together with all that certain piece, parcel or lot of land, situate, lying and being located near Lake Gregory in the County of Edgefie ld (formerly Aiken County), State of South Carolina fronting 200.9 feet on the North side of Lake Gregory Road and extending back an its Western PAGE 1 OF 3 EXHIBIT A boundary 218.1 feet, and on its Eastern boundary 218 feet to a rear width of 207.4 feet, and being known and designated as Lot 1, Block A on a plat of Lake Gregory Golf Course (now North Augusta Country Club), which said plat is made a part and parcel hereof by reference thereto and recorded in Plat Book 2 at page 47, records of the RMC Office for Aiken County, South Carolina and in Judgment Roll #31595 in the records of the Clerk of Court of Common Pleas for Edgefield County, South Carolina. Parcel Four: Together with all that certain piece, parcel or lot of land, situate, lying and being located near Lake Gregory in the County of Edgefield (formerly Aiken County), State of South Carolina, fronting 200 feet on the North side of Lake Gregory Road and extending back on its Western boundary 218 feet and on its Eastern boundary 218 feet to a rear width of 200 feet, and being known and designated as Lot 2, Block A on a plat of Lake Gregory Golf Course (now North Augusta Country Club), which said plat is made a part and parcel hereof by reference thereto and recorded in Plat Book 2 at page 47, records of the RMC Office for Aiken County, South Carolina, and Judgment Roll #31595 in the records of the Clerk of Court of Common Pleas for Edgefield County, South Carolina. Parcel Five: Together with a that certain piece, parcel or tract of land, situate, lying and being located in Aiken and Edgefield Counties (the major portion of said property being located in Edgefield County), and located near North Augusta and being known and designated as Tract A, containing 0.91 acres, all of which is more fully shown on a plat made for North Augusta Country Club, Inc. by William H. McKie, III, Surveyor, dated February 27, 1991 and recorded herewith in Plat Book 25 at page 9-2, records of the RMC Office for Aiken County, South Carolina, and Plat Book 32 at page 26 records of the Clerk of Court for Edgefield County, South Carolina. Together with that certain 0.03 acre of land shown on a plat by William H, McKie, III recorded in Book 1109 at page 57 Edgefield County Clerk of Court. Less and excepting therefrom that certain 0.108 acre of land shown on a plat by William H. McKie, III recorded in Book 1109 at page 57, Edgefield County Clerk of Court, which parcel was conveyed to Howard C. Hucks and Mary B. Hucks by deed dated January 23, 2007 and recorded in Book 1109 at page 58. Parcel Six: All that certain piece, parcel or lot of land, with improvements thereon, situate, lying and being in the County of Edgefield, State of South Carolina, and being shown and designated as Tract "A" 0.31 acre on a plot prepared for Fred W. Layman, III, by Cranston Engineering Group, P.C. dated October 2, 2007, and recorded in the Office of the Clerk of Court for Edgefield County, South Carolina, in Book 1147, page 1; reference being made to said plat for a more complete and accurate description as to the metes, bounds and location of said lot. PAGE 2 OF 3 EXHIBIT A Said property is conveyed subject to applicable easements and/or restrictions shown on said plat and filed of record. Parcel Seven: All those certain pieces, parcels or lots of land, together with improvements thereon, situate, lying and being in the County of Edgefield, State at South Carolina, and being shown and designated as Tract "A" 0.77 acre, more or less, and Tract "B" 0.71 acre, more or less, on a plat prepared for Fred W. Layman, Ill, by Cranston Engineering Group, P.C. dated December 10, 2008, and recorded in the Office of the Clerk of Court for Edgefield County, South Carolina, Book 1216, page 237; reference being made to said plat for a more complete and accurate description as to the metes, bounds and location of said property. Said property is conveyed subject to applicable easements and restrictions shown on said plat and filed of record. Parcel Eight: All that certain piece, parcel or lot of land, with improvements thereon, situate, lying and being located near Gregory Lake about 5 miles North of North Augusta in the County of Edgefield (formerly Aiken County), State of South Carolina, being known and designated as Lot 6 on a plat of Country Club Hills Subdivision made by K.L. Wise, Surveyor, in February, 1967, said plat being recorded in Book 16, page 40 in the Office of the Clerk of Court for Edgefield county, South Carolina, which said plat is made a part and parcel hereof by reference thereto. Parcel Nine: All that certain piece, parcel or lot of land, with improvements thereon, situate, lying and being located near Gregory Lake about 5 miles North of North Augusta in the County of Edgefield (formerly Aiken County), State of South Carolina, being known as designated as Lot 7 on a plat of Country Club Hills Subdivision made by K.L. Wise, Surveyor, in February 1967, said plat being recorded in Book 16, page 40 in the Office of the Clerk of Court for Edgefield County, South Carolina, Which said plat is made a part and parcel hereof by reference thereto. Parcel Ten: All that certain piece, parcel or lot of land, with improvements thereon, situate, tying and being located near Gregory Lake about 5 miles North of North Augusta in the County of Edgefield (formerly Aiken County), State of South Carolina, being known and designated as Lot 8 on a plat of Country Club Hills Subdivision made by K.L. Wise, Surveyor, in February, 1967, said plat being recorded in Book 16, page 40 in the Office of the Clerk of Court for Edgefield County. South Carolina, which said plat is made a part and parcel hereof by reference thereto. PAGE 3 OF 3