RES 2015-12 Adopted RESOLUTION NO. 2015-12
ACCEPTING DEEDS OF DEDICATION FOR STEPHENS FARM LANE, WATER AND
SANITARY SEWER LINES AND ASSOCIATED EASEMENTS AND RIGHTS OF
WAY, ALONG WITH A MAINTENANCE GUARANTEE AND LETTER OF CREDIT,
FOR SWEETWATER SQUARE
WHEREAS, Bright-Meyers NA, LLC developed Sweetwater Square
according to the requirements of the North Augusta Planning Commission and the City, and
own a street, utility lines and easements; and
WHEREAS, pursuant to §§5.8.4.4 and 5.8.4.5 of the North Augusta
Development Code, the final subdivision plat for Sweetwater Square was approved for
recording on October 25, 2013; and
WHEREAS, on October 29, 2013, Bright-Meyers NA, LLC sold a portion of
Sweetwater Square to Wal-Mart Real Estate Business Trust; and
WHEREAS, following the completion of required site improvements by both
owners, the final dedication plat was approved for recording on December 10, 2014; and
WHEREAS, it is the policy of the City that, upon approval of a final
subdivision plat and a final dedication plat, the City will, following inspection by the City's
Engineering department, accept deeds of dedication for streets, utilities, etc. for the purpose
of ownership and maintenance when said deeds are accompanied by a maintenance
guarantee; and
WHEREAS, a maintenance guarantee and supporting letter of credit
accompany the deeds; and
WHEREAS, the City Engineer has made final inspection of the subject
improvements and these improvements meet City standards.
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, do hereby accept deeds of dedication for:
BRIGHT-MEYERS NA, LLC
Tract 1 (Stephens Farm Lane): A Fee Simple interest in the following
property:
THAT certain tract or parcel of land lying and being in the City of North
Augusta, Aiken County, South Carolina identified as Stephens Farm Lane as
shown on that certain"Plat Showing Infrastructure and Associated Easements
and Rights of Way to be Dedicated to the City of North Augusta" prepared
for Bright-Meyers NA, LLC by Survey Matters, LLC, dated October 17,
2014, and recorded in the Aiken County RMC Office in Plat Book 58, Page
229 (hereinafter "Dedication Plat").
RESOLUTION ACCEPTING DEED OF DEDICATION—
SWEETWATER SQUARE Page 2
Tract 2 (Easements): An Easement interest in the following parcels:
Parcel 1:
THE portion of the hereinafter described easement which is located on the
Retail Shops Tract("Shops Tract") shown on the Dedication Plat:
A 20'wide non-exclusive easement in perpetuity for the use, repair and
maintenance of underground sewer lines on and under that property
designated and described as "New City Sewer Easement 18,319 S.F.= 0.421±
acres" and shaded on the Dedication Plat.
Parcel 2:
A 20' wide non-exclusive easement in perpetuity for the use, repair and
maintenance of underground sewer lines on and under that property
designated and described as "New City Sewer Easement 14,150 S.F.= 0.325±
acres" on the Dedication Plat. Parcel 1 and Parcel 2 are hereinafter
collectively referred to as the "Sewer Easements".
Parcel 3:
THE portion of the hereinafter described easement which is located on the
Shops Tract: A 30' wide non-exclusive easement in perpetuity for the use,
repair and maintenance of underground water and sewer lines and described
as "New City Water & Sewer Easement 31,828 S.F.= 0.731± acres" on the
Dedication Plat ("Water and Sewer Easement").
TOGETHER WITH fee simple title to all sanitary sewer lines and apparatus
located in, upon and under said Sewer Easements.
AND TOGETHER WITH fee simple title to all water lines and apparatus
constructed by Grantor in, upon and under said Water and Sewer Easement.
5 Derivation: This being a portion of that property conveyed to Bright-Meyers
i ; NA, LLC by deed of B and H Land Co., LLC, dated January 23, 2014 and
recorded on March 3, 2014 in Book 4497, at page 214-218, aforesaid RMC
Office.
Map/Parcel Nos.: 010-15-05-001, 010-14-12-006, 010-15-07-002.
WAL-MART REAL ESTATE BUSINESS TRUST
! Parcel 1:
IThe portion of the hereinafter described easement which is located on the
;
Wal-Mart Tract ("Wal-Mart Tract") shown on the Dedication Plat:
A 20' wide non-exclusive easement in perpetuity for the use, repair and
maintenance of underground sewer lines on and under that property
1 I
N �
RESOLUTION ACCEPTING DEED OF DEDICATION—
SWEETWATER SQUARE Page 3
designated and described as "New City Sewer Easement 18,319 S.F.= 0.421±
acres" and shaded on the Dedication Plat ("Sewer Easement").
Parcel 2:
The portion of the hereafter described easement which is located on the Wal-
Mart Tract:
A 20' wide non-exclusive easement in perpetuity for the use, repair and
maintenance of underground water and sewer lines and described as "New
City Water & Sewer Easement 31,828 S.F.= 0.731± acres" on the Dedication
Plat ("Water and Sewer Easement").
TOGETHER WITH fee simple title to all sanitary sewer lines and apparatus
located in, upon and under said Sewer Easements.
AND TOGETHER WITH fee simple title to all water lines and apparatus
constructed by Grantor in, upon and under said Water and Sewer Easement.
Derivation: This being the same property as conveyed to WalMart Real
Estate Business Trust, a Delaware statutory trust by Deeds of Bright-Meyers
NA, LLC, a Tennessee limited liability company, recorded October 29, 2013
in Record Book 4463 at Page 1588, aforesaid RMC Office.
Map/Parcel No.: 010-15-05-005
BE IT FURTHER RESOLVED that a Maintenance Guarantee and Letter of
Credit in the amount of$28,828.00 are hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CIT OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF Apt;1 , 2015.
Lark W. Jones, Mayor
ATTEST:
p C
Donna B. Young, City-Clerk