ORD 2015-12 Adopted ORDINANCE NO. 2015-12
TO GIFT LAND AND PROVIDE CONSTRUCTION PERMISSIONS AND A RIGHT OF
ACCESS TO THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR ADDITIONAL RIGHT-OF-WAY AND CONSTRUCTION OF THE EAST BUENA
VISTA AVENUE AND ATOMIC ROAD IMPROVEMENTS
WHEREAS, the South Carolina Department of Transportation (SCDOT), in
cooperation with the Augusta Regional Transportation Study (ARTS) and the City of North
Augusta allocated funding in the ARTS Transportation Improvement Plan (TIP) to improve
traffic operations and construct corridor improvements on segments of East Buena Vista
Avenue and Atomic Road (Project); and
WHEREAS, SCDOT is in the process of obtaining additional required right-
of-way on East Buena Vista Avenue between Victoria Lane and Barton Road; and
WHEREAS, the City of North Augusta owns properties adjacent to East
Buena Vista Avenue where additional right of way and temporary construction permissions
and permanent drainage improvements are needed for the Project; and
WHEREAS the City of North Augusta wishes for the Project to move
forward by gifting the portions of its properties needed for the Project to SCDOT and
providing necessary construction permissions and right of access adjacent to the East Buena
Vista Avenue right-of-way.
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 City shall gift 0.689 +/- acres to the SCDOT as provided for in the Title
to Real Estate, Exhibit A, and shown on Exhibit B, both of which are
attached and made a permanent part of this ordinance.
II. The City shall provide Construction Permissions for the Project as listed in
Exhibit C, which is attached and made a permanent part of this ordinance.
III. The City shall approve the Right of Entry Agreement requested by SCDOT
as provided for in Exhibit D which is attached and made a permanent part of
this ordinance.
IV. The City Administrator is authorized to execute all documents related to the
transactions authorized herein.
V. All Ordinances or parts of Ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
VI. This Ordinance shall become effective immediately upon its adoption on
third and final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF , 2015.
First Reading 6 - S- 5
- ' S 1S Lark W. Jones, Mayor
Second Reading
Third Reading 1- - S ATTEST:
'g •
Donna B. Young, City C1e
SCDOT RAN Form 802(08-14) EXHIBIT A
THE STATE OF SOUTH CAROLINA Limited Warranty Deed
TITLE TO REAL ESTATE
COUNTY OF AIKEN Approximate Survey Station
Road/Route SC 125 49+29 To 49+73 RT
File 2.174B SC Route 125 Survey
Item 50+48 To 55+08 RT
Project SUO2(001) SC Route 125 Survey
PIN 34300 55+74 To 57+40 RT
Tract 1,2,41,199
SC Route 125 Survey
50+15 To 57+17 LT
SC Route 125 Survey
10+39 To 13+00 RT
Road S-189 Survey
10+43 To 12+50 RT
Road S-643 Survey
10+77 To 12+50 LT
Road S-189 Survey
KNOW ALL MEN BY THESE PRESENTS, That I(or we)City of North Augusta,f/k/a The Town
of North Augusta, 100 Georgia Avenue,North Augusta,South Carolina 29841-3843 in consideration of the sum
of One and no/100 Dollars ($1.00) and other valuable consideration to me (or us) in hand paid at and before the
sealing and delivering thereof,by the South Carolina Department of Transportation,Columbia,South Carolina,receipt
of which is hereby acknowledged,have granted,bargained,sold and released,and by these presents do grant,bargain,
sell and release,unto the said South Carolina Department of Transportation,its successors and assigns,all that certain
real property in fee simple absolute from Road S-363(Victoria Lane)to Road S-197(Old Edgefield Road)on SC
Route 125(East Buena Vista Avenue/Atomic Road),State and County aforesaid,as shown on plans prepared by the
South Carolina Department of Transportation and dated April 18,2013,said property being herein conveyed to have a
width of_feet,that is variable feet on the right and left side(s)of the survey centerline of the highway as shown on
the reference plans.
SPECIAL PROVISIONS:
The above consideration is for 0.689 acre/29,989 square feet of land and all improvements thereon,if any.
Property herein conveyed is described as tbllows: all property within 45 feet of the survey centerline of SC 125 (E.
Buena Vista Ave.), on the right, between approximate survey stations 49+29 and 49+73; also all property within 50 feet
between approximate survey stations 50+48 and 55+08;also all property within 50 feet of the survey centerline of SC 125(E.
Buena Vista Ave.),on the right,between approximate survey stations 55+74 and 57+40;and also all property within 50 feet of
the survey centerline of SC 125(E.Buena Vista Ave.),on the left,between approximate survey stations 50+15 and 57+17.
Also herein conveyed is property two(2)triangular areas as follows: One(1)45 X 65 foot triangular area right of
approximate survey station 54+84 at the intersection of SC Route 125 (East Buena Vista Avenue)and Road S-643 (Riverside
Boulevard),and one(1)50 X 25 foot triangular area left of approximate survey station 50+16 at the intersection of SC Route
125(East Buena.Vista Avenue)and Road S-189(Brookside Avenue).
Also herein granted is additional property as follows: Within 40 feet of the relocated centerline of Road S-643
(Riverside Boulevard)on the right between approximate survey stations 10+43 and 12+50,and on the left between approximate
survey Stations 10+77 and 12+50. Also within 40 feet of the relocated centerline of Road S-189 (Brookside Avenue)on the
right between approximate survey stations 10+39 and 13+00.
Property herein conveyed is along a relocated centerline as shown on plans between approximate survey stations
10+10.98 and 11,17.64(Road S-643);and between approximate survey stations 10+08.16 and 10+68.97(Road S-189).
This being a portion of the property acquired from Thomas T.Cushman,as Clerk of Court of Common Pleas,by deed
dated May 14, 1919,recorded May 15, 1919,in Title Book 30,Page 300;and from Grover L.Derrick by deed dated February
6, 1992,recorded February I I, 1992, in Deed Book 1300,Page 146 in the records for Aiken County and shown as Tax Map
Nos.007-15-03-001,007-14-15-002,007-14-08-003 and 007-15-01-001.
GRANTEE'S ADDRESS:SCDOT,Director,Rights of Way,P.O.Box 191,Columbia,SC 29202-0191
Checked By
Recorded By 1.2.,141,)99
nor!Rci�
Project SU02(001) File 2.174B Tract uot f�u,�d.
Page 1 of 2 pages
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SCDOT R/W Form 803(06-11) EXHIBIT C
THE STATE OF SOUTH CAROLINA PERMISSION FOR:
COUNTY OF AIKEN
CONSTRUCTION SLOPES
Road/Route SC 125 NPDES;CONSTRUCT PAVED
File 2.174B DRIVEWAY CONNECTOR
Item DROP INLETS
Project SUO2(001) INSTALL PIPE
PIN 34300
Tract 1P,2P,41P REMOVE PIPE
MODIFY EXISTING DRAINAGE
SCARIFY ROAD
KNOW ALL MEN BY THESE PRESENTS, That I (or we) City of North Augusta, f/k/a The Town of North
Augusta,100 Georgia Avenue,North Augusta,South Carolina 29841-3843 in consideration of the sum of One Dollar($1.00),
to me(or us)in hand paid,and other valuable consideration at and before the sealing and delivering hereof,do hereby grant to the
South Carolina Department of Transportation permission to do the work as outlined below,with the understanding that this work is
to be done on property of the grantor outside of the right of way,it being fully understood and agreed that no right of way is being
granted to the Department for the purpose of this construction. Further,permission is granted to perform construction beyond the
right of way such as grading and other work necessary to adjust the grade of driveways to conform to the proposed roadway
improvements as shown on the plans for the construction of this project.
SPECIAL PROVISIONS:
Herein granted is permission for construction slopes to extend beyond the right of way on the left between approximate
survey stations 50+14 and 57+15; also on the right between approximate survey stations 50+48 and 57+38; also on the left
between approximate survey stations 10+10.98 and 12+50 (Road S-643) with the understanding that no additional property is
granted for construction slopes,during this construction.
Also, herein granted is permission to use heavy equipment for clearing, placement, maintenance, and access for the
purpose of construction of a silt fence for NPDES(National Pollutant Discharge Elimination System)to extend beyond the right of
way left of SC Route 125, between approximate survey stations 50+14 and 57+15; also right of SC Route 125, between
approximate survey stations 50+48 and 55+08;also right and left of Road S-643,between approximate survey stations 10+33 and
12+50;also right of Road S-189,between approximate survey stations 10+33 and 13+00 as shown on the plans for this project
with the understanding no additional property is granted for the permission,in accordance with Department standards.
Also,herein granted is permission for the Department to install a drop inlet on the property of the grantor and adjacent to
the right of way right of approximate survey station 51+66;also right of approximate survey station 56+12 as shown on the plans
for this project,during this construction.
Also, herein granted is permission to use heavy equipment to install and maintain, as the Department determines
necessary,approximately 51.97 feet of 18 inch pipe right of approximate survey station 51+66;and approximately 30.92 feet of 18
inch pipe right of approximate survey station 56+12 as shown on the plans for this project.
Also,herein granted is permission to use heavy equipment to remove approximately 192 feet of 18 inch RC pipe on the
right between approximate survey stations 52+28 and 53+53 as shown on the plans for this project.
Also, herein granted is permission for the Department to modify the existing drainage swale on the left between
approximate survey stations 52+45 and 53+65 and to place riprap with geotextile fabric as shown on the plans for this project.
Also it is understood and agreed that the portion of the existing roadway outside the right of way on the right between
approximate survey stations 55+66 and 55+85 will be scarified during this construction where it can be abandoned.
Also it is understood and agreed that a paved, 14 foot wide driveway connector will be constructed on the property of the
Grantor left of approximate survey station 55+70 and extending in a northerly direction on a radius for approximately 90 feet,as
shown on the plans for this project. It is further agreed that the new driveway section will tie to match the existing driveway
section,and that any drainage structure(s),if necessary,will be installed and adjusted in the field for positive drainage at the time
of construction,ALL as directed by the SCDOT resident construction engineer,at no expense to the Grantor.
GRANTEE'S ADDRESS:SCDOT,Director,Rights of Way,P.O.Box 191,Columbia,SC 29202-0191
Checked By
Recorded By
Project SUO2(001) File 2.174B Tract 1P,2P,41P
Page 1 of 2 pages
Young, Donna
From: Wilburn, Buford H <WilburnBH@scdot.org>
Sent: Thursday, July 16, 2015 9:44 AM
To: Young, Donna
Cc: Grkovic, Skip; Upchurch, Wayne;Johnston, Chris; Shepherd, A. Michelle
Subject: RE: Exhibits to Ordinance No. 2015-12
Importance: High
Donna,
Please note that since I have received the Title to Real Estate executed by the City on July 13, 2015, I will not be needing
the executed Right-of-Entry agreement (SCDOT Form 829, Exhibit "D") dated July 13' 2015. My experience in such
transactions has led me to believe that it normally takes about three months to have a conveyance of real estate
approved and executed by a municipality, due to the three ^readings" required. Thus, I presented the entry
agreement to cover our construction obligation schedule in the event that it indeed did take the full three months to
havethetideexecuted. Theexecutedtit|e (Exhibit ''A") thatyoufurnishedmeunTuesdaytrumpstheentryagrecment
making that agreement unnecessary now. I sincerely appreciate the diligence that you and Skip have invested in this
transaction. It has been a delight working with you.
If I may be of further assistance, do not hesitate to call me.
Kindest regards,
Buford Wilburn
From: Young, Donna [mailto:DYoung@northaugusta.net]
Sent: Monday,July 13, 2015 2:48 PM
To: Wilburn, Buford H
Subject: Exhibits to Ordinance No. 2015'12
Here are the exhibits.
N()1-11\
Donna B. Young, MMC
City Clerk
City of North Augusta
P. O. Box 6400
100 Georgia Avenue
North Augusta, SC 29861-6400
dynunq@northauqusta.nst
803-441-4202 - Office
803-441-4203 - Fax
1
SCDOT RNV Form 829(06-11)
EXHIBIT D
THE STATE OF SOUTH CAROLINA ) Tract 1,2,41,199
)
COUNTY OF AIKEN )
)
)
Road/Route SC 125 ) RIGHT OF ENTRY AGREEMENT
File 2.174B )
Item )
Project SU02(001) )
PIN 34300 )
THIS AGREEMENT entered into this I3 day of cy , 2015, by and between
City of North Augusta f/k/a The Town of North Augusta, 100 Georgia Avenue, North Augusta,
South Carolina 29841-3843, hereinafter referred to as the "the Landowner", and South Carolina
Department of Transportation, hereinafter referred to as "the Department".
In consideration of mutual promises and covenants each running to the other, the receipt of
which is hereby acknowledged,the parties agree as follows:
1. The Landowner hereby grants to the Department and its contractors the right to enter the
Landowner's property to build the above referenced highway project. It further grants to utility
companies and their contractors the right to relocate utilities as necessary for the project, but only
within the limits of the new right of way.
2. At such time as the right of way for the above referenced project as described in the Title to
Real Estate for this project is acquired, the Landowner herein agrees to waive just compensation and
donate aforementioned property to the Department as also provided for in the Title to Real Estate.
Page 1 of 2 Pages
SCDOT R/W Form 829(06-11)
Right of Entry Agreement(continued)
3. The granting of these rights to the Department and its contractors by the Landowner does not
in any way constitute a waiver of any other rights of the parties under the Constitution, statutes, or rules
and regulations relating to eminent domain and such rights are expressly reserved.
City of North A gusta
By: ,AL` v
Title: ' 4-
South Carolina Department of Transportation
, 2015
Page 2 of 2 Pages