ORD 2014-19 Adopted ORDINANCE NO. 2014-19
ORDINANCE TO TRANSFER SURPLUS PROPERTY OF THE CITY TO THE CHALET
NORTH TOWNHOUSES ASSOCIATION,INC.
WHEREAS, in July of 2011, Jackson D. Fletcher transferred to the City of
North Augusta 0.38+ acres by deed recorded in Record Book 4363 at Pages 686-688
records of the RMC for Aiken County, South Carolina; and,
WHEREAS, such transfer was done by deed of gift and involves property
located within the general development of the Chalet North Townhouses; and
WHEREAS, at the time that that the deed was accepted by the City, there
was the anticipation that the City could possibly utilize the property for recreational
purposes; and,
WHEREAS, it has now been determined that the City is not in a position to
expend any development costs related to the property and the City has been approached by
the Chalet North Townhouses Association, Inc. requesting that the City consider
transferring the property to such association; and,
WHEREAS, Chalet North Townhouses Association, Inc. is a domestic
corporation in good standing incorporated pursuant to the laws of the State of South
Carolina as a nonprofit organization; and,
WHEREAS, the Mayor and City Council have thoroughly considered
matters related to the property, to include the request by Chalet North Townhouses
Association, Inc. that the property be deeded to it; and,
WHEREAS, Mayor and City Council have determined that it would be in
the best interest of the Citizens of North Augusta that the property be transferred to the
Chalet North Townhouses Association, Inc. with specific restrictions and reservations
placed upon the use of said property.
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:
I. The following described property shall be transferred to the Chalet North
Townhouses Association, Inc.:
All that certain piece, parcel or tract of land, with any improvements
thereon, containing .38 acres, more or less, located in the City of North
Augusta, County of Aiken, State of South Carolina, show upon an
individual plat made for Jackson D. Fletcher, made by Hass &
Hilderbrand, Inc. dated October 19, 1992, which said plat is recorded in
the Office of the RMC for Aiken County, South Carolina in Plat Book 28
at page 83-1. Said lot, according to the above-referred-to plat, is
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bounded, now or formerly, as follows: NORTHERLY, by lands of
Chalet North Townhouses, Sec. 1, 99.54 feet; EASTERLY, by
Vancouver Road, 165.0 feet; SOUTHERLY, by Chalet North Entrance
Road, 99.59 feet; and WESTERLY, by lands of The Groves Apartment.
164.30 feet. Reference is hereby made to said plat for a more complete
and accurate description as to the metes, bounds and exact location of the
within conveyed property.
This is the identical premises conveyed to the City by deed of Jackson D.
Fletcher dated the 16th day of May, 2011 and recorded in Record Book
4636 Pages 686-688 records of the Office of the RMC for Aiken County,
South Carolina. Said property is known under the current Tax Map and
Parcel Numbering System for Aiken County as follows: 012-09-02-104.
II. The transfer of the property shall be subject to the following appurtenant
restrictions:
a. Such property shall be utilized as green space or for passive
recreational purposes.
b. No permanent structures shall be erected on the premises.
c. No impervious surfaces may be created on the property.
d. The property will not be utilized for the parking or storage of any
vehicles, boats, trailers or other similar personal property.
The restrictions as set forth above, may only be waived, modified, or
otherwise revised by the Mayor and City Council for the City of North
Augusta.
III. The City Administrator is hereby authorized to execute a special
warranty deed and any other documents necessary in order to complete
the transfer of property as indicated above.
IV. This Ordinance shall become effective immediately upon its adoption on
third reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
I S DAY OF-Nce,...4344e- , 2014.
First Reading: I I-11-IL 1
Second Reading: I I- 1 - Lark W. Jones, ayor
Third Reading: 1 Z - t 4" ATTEST:
Donna B. Young, City Clerk