ORD 2016-16 Adopted ORDINANCE NO. 2016-16
AN ORDINANCE GRANTING TO WTC ENTERPRISES, LLC
A NONEXCLUSIVE ACCESS AGREEMENT ACROSS PROPERTY BELONGING TO
THE CITY OF NORTH AUGUSTA LOCATED IN THE GENERAL AREA OF US
HIGHWAY 25 AND WALNUT LANE.
WHEREAS, the City has been approached by WTC Enterprises, LLC who is
developing property in the general vicinity of US HWY 25 and Walnut Lane about the City
granting to WTC Enterprises, LLC, a nonexclusive easement across property belonging to
the City for the purposes of ingress and egress related to the development taking place; and,
WHEREAS, the City has reviewed the request and finds that the same is
appropriate and in the best interest of the citizens of the community that such easement be
granted.
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 grants to WTC Enterprises, LLC a nonexclusive access
easement across property belonging to the City as shown on the
exhibit attached hereto, marked as "Exhibit A" and incorporated by
reference.
II. All Ordinances or parts of Ordinances in conflict herewith or to the
extent of such conflict are hereby repealed.
III. That the City Administrator is authorized to execute any documents
necessary to provide this easement.
IV. 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 3" DAY OF
OCTOBER, 2016.
First Reading: q
Cie
Second Reading: " lG - Lark W. Jones, Mayor
Third Reading: VO' 3— 1 to ATTEST:
Donna B. Young, City Clerk
EXHIBIT A
Recording By and
When Recorde Mail to:
Turner,Padget,Graham&Laney
Post Offlc Box 1473
Columbia,South Carolina 29202
Attention: Jennifer N.Stone,Esquire
File 140*9.00115
(Space above this line for Recorders Use)
STATE OF SOUTH CAROLINA
) ACCESS EASEMENT AGREEMENT
COUNTY OF AIKEN
THIS ACCESS EASEMENT AGREEMENT (the "Agreement") is made by and between WTC
Enterprises, LLC, a South Carolina limited liability company ("WTC") and the City of North Augusta,
a political subdivision of the state of South Carolina (the "City"). WTC and the City are sometimes
individually referred to as the "Party" and collectively as the "Parties."
RECITALS
WHEREAS, WTC is the owner of that certain parcel of real property located in the City of North
Augusta, Aiken County, South Carolina, containing 1.54 acres, more or |nss, and being more particularly
shown on that certain plat prepared by Southern Partners, Inc. for WTC Enterprises, LLC dated July 27,
2016 and recorded August 1, 2016 in Book PL 59 at Page 423 in the Office of the Register of Mesne
Conveyances for Aiken County; reference to said plat is made for a more complete description of the
metes and bounds of the subject property, the same being the"WTC Property."
WHEREAS, the City is the owner of that certain tract of land, with all improvements thereon, if
any, situate, lying and being within the City of North Augusta, Aiken County, South Carolina, being
shown and designated uo "Tract C'` containing O.33 acres, more or less, on a plat prepared by Southern
Partners dated January 22, 2010, revised January 26, 2010 and recorded in Plat Book 55 at Page 181 in
the Office of the Register of Mesne Conveyances for Aiken County; reference is made to said plat for a
more complete description of the metes and bounds of the subject property, the same being the "City
Property."
WHEREAS, the WTC Property and the City Property are sometimes individually referred to as
the'Property" and collectively as the "Properties"; and
WHEREAS, certain driveways are located on the City Property and the City has agr ed to grant
an easement for the benefit of WTC, its successors and assigns, and for the benefit of the WTC Property.
AGREEMENTS
NOW, 78ERBFOKE, KNOW ALL MEN Bl' THESE PRB6ENT8, for and in consideration of
the premises and promises of the Parties hereto, each to the other, and the sum of Ten and 00/100 Dollars
($10.00) paid to the City by WTC, at and before the sealing and delivery of these presents, the receipt and
sufficiency of which are hereby acknowledged, the Parties, for themselves, their respective heirs,
successors, successors in title and assigns, do hereby declare, establish, grant, convey, provide and agree
as follows:
). Incorporation of Recitals. The foregoing Recitals are incorporated and made a part of
this Agreement.
2. Grant of Access, Ingress and Egress Easement. Subject to any express conditions or
provisions contained herein, the City hereby grants, eutub6ohcx, and covenants in favor of WTC,
including, without limitation, its agents, employees, tenants and guests, and all future owners and
Permittees thereof, and the WTC Pooporty, nonexclusive, perpetual, irrevocable, transmissible,
uyoignub\o, arid reciprocal easements for the purposes of access, ingress and egress, pedestrian and
vehicular, over and across "Driveway Easement A" and "Driveway Easement 8" as more particularly
shown on that certain plat prepared by Southern Partners dated January 22` 2OlU` revised January 26,
2010 and recorded in Plat Book 55 at Page 181 in the Office nf the Register ofMoone Conveyances for
Aiken County (the "Access Easement"). To have and to hold all and singular the Access Easement and
the rights conveyed hereby unto WTC and its successors and assigns forever. The City further
acknowledges that the permanent nonexclusive easement for ingress and egress over and across Driveway
Easement A and Driveway Easement B reserved by SRP Federal Credit Union in that certain Deed of
Dedication recorded March 17, 2010 in Book RB 4299 at Page 2360, Aiken County records, shall also
continue for the benofitufSR9 Federal Credit Union, its successors and assigns.
3. Reasonable Use of Access Easement, The Access Easement hereinabove granted shall be
used and enjoyed by each Party and its respective heirs, successors and assigns in such a manner so as not
to unreasonably interfere with, obstruct or delay the conduct and operations of the business of either Party
at any time conducted on its Property, including, without limitation, public access to and from said
business, and the receipt or delivery of merchandise in connection therewith. The Parties agree not to '
place or maintain, or permit the placing or maintaining of, any structure within the Access Easement
granted herein which would adversely affect either Party's enjoyment hereof in any material respect.
4, Further Assurances, Each Party agrees to give further assurances to the other by way of
executing and providing for recordation such other and further instruments and documents as may be
reasonably necessary to confirm matters generally affecting the Access Easement and to otherwise
effectuate and carry out the intents and purposes of this Agreement.
5. Legal Effect. The Access Easement contained in this Agreement shall run with the
Properties affected hereby and shall bind the Parties and their respective heirs, successors and assigns and
every person and/or entity now or hereafter acquiring an interest in or lien upon the Properties affected
hereby. The rights of easement declared hereby: (a) shall be an estate prior to any |icn, dued, estate or
encumbrance whatsoever; and (b) shall be perpetual, except as hereinafter provided with respect to
mortgagees, and shall run with the land, be binding upon, and inure to the benefit of the Parties hereto,
their respective heirs, successors and assigns, and' subject to the limitation stated hereinafter, all existing
and future mortgagees having an interest in any properties described herein; provided, however, that the
rights of any mortgagee having an interest in either all or part of the aforesaid Properties shall cease and
terminate at such time as the respective mortgage or mortgages of said mortgagee are satisfied and dis-
charged of record, unless such mortgagee shall become successor in title to the owner of such Property by
reason of foreclosure or voluntary conveyance of such owner's interest to such mortgagee; (c) shall be,
and ure, essentially necessary for the enjoyment and use of the WTC Property; and (d) are made in
contemplation of commercial use, and are of commercial character with respect to the Properties. It is the
Parties' express intent that the Access Easement granted herein shall not, at any time, merge by operation
of law into the owner's title or interest in either Property, but that the Access Easement shall remain
separate and distinct rights and estates in land, unless the owner(s) of all affected parcels specifically
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evidence their intent by mutual agreement in writing to extinguish the same. It is further expressly
provided that the acquisition hereafter by any other party (including, without limitation, a present or
future mortgagee of any parcel or any portion thereof) of an ownership interest (in fee, leasehold, or
otherwise) shall not operate, by merger or otherwise, to extinguish, diminish, impair, or otherwise affect
the Access Easement,which shall remain separate and distinct estates in land.
6. Limitations, There are no other easements granted hereby other than as expressly stated.
The Access Easement granted is private, and no dedication for public use is intended nor implied.
7. Definitions.
(a) Party or Parties shall mean WTC and/or the City and any and all of their
successors or assigns as the owner or owners of fee simple title to all or any portion of the Properties
covered hereby, whether by sale, assignment, inheritance, operation of law, trustee's sale, foreclosure, or
otherwise, but not including the holder of any lien or encumbrance on such Properties.
(b) Permittees shall mean the tenant(s) or occupant(s) of a Property and the
respective employees, agents, contractors, customers, invitees and licensees of (i) the owner of such
Property, and/or(ii) such tenant(s) or occupant(s).
8. Counterparts, This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same document.
In addition, this Agreement may contain more than one counterpart of the signature page(s), all of which
signature page(s) may be attached to one copy of this Agreement to constitute the entire executed
Agreement. Facsimile or photocopies of the executed Agreement may be relied upon as if the original.
9. Captions, Gender and Number. Captions contained in this Agreement are inserted only
as a matter of convenience and in no way define, limit, extend or describe the scope of this Agreement or
the intent of any provision hereof. Whenever the context so requires, any pronouns used herein shall
include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and
pronouns shall include the plural and vice versa.
10. Binding Effect. Except as otherwise provided herein, all provisions of this Agreement
shall be binding upon, inure to the benefit of and be enforceable by and against the respective heirs,
successors and assigns of the parties to this Agreement, and all future owners of the Properties.
11. Waiver. Any consent to or waiver of any provision hereof shall not be deemed or
construed to be a consent to or waiver of any other provision of this Agreement. Failure on the part of
either Party to complain of any act or failure to act of the other Party, irrespective of the duration of such
failure, shall not constitute a wavier or modification of rights hereunder. No waiver or modification
hereunder shall be effective unless the same is in writing and signed by the Party against whom it is
sought,
12. Severability, If any provision of this Agreement shall, in whole or in part, prove to be
invalid for any reason, such invalidity shall affect only the portion of such provision that shall be invalid,
and in all other respects this Agreement shall stand as if such invalid provision, or other invalid portion
thereof, had not been a part hereof. The Parties agree that this Agreement shall be enforced to the fullest
extent permitted by law. Accordingly, if, in any judicial proceeding, a court shall determine that any
provision is invalid or unenforceable as written,the Parties consent to an interpretation by the court which
will provide enforcement to the maximum extent permitted by law.
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13. Entire Agreement; Amendment. This Agreement is the sole and entire agreement and
understanding of the Parties with respect to the matters contemplated herein. All prior agreements,
representations or understandings, whether written or oral, shall be merged herein and shall not be
construed to change, amend, alter, repeal or invalidate this Agreement. It is expressly agreed that no
modification of the Agreement, and no waiver of any of its terms and oonddions, shall be effective unless
made in writing and duly executed by the parties hereto.
14. Govnruiu. Law and Jurisdiction. This Agreement has been executed and delivered in the
State of South Carolina, and its vu}idity, interpretation, performance and enforcement, and all matters
relating thereto, shall be governed by and construed and interpreted in accordance with the laws of the
State of South Carolina. For purposes of any litigation arising from or related to this Agreement, the
parties hereby submit to the jurisdiction of the appropriate state court located in Aiken County, South
Carolina. Should either Party institute legal action to interpret or enforce this Agreement or any
amendment of addendum, the prevailing party shall be entitled to receive from the other all reasonable
cns|s, including any expert and witness fees, and reasonable attorneys' fees, in connection therewith,
15. No Adverse Presumption. It is acknowledged that this Agreement arose as the result of
arm's-length negotiations between the Parties and that this Agreement, although manually prepared by
representatives of WTC, was prepared with the advice, consent, recommendation and review of the City's
representatives, and is the product of input by all Parties. As a result, any ambiguity or uncertainty is not
to be construed against the Party whose counsel prepared this Agreement on the grounds that such Party's
representatives drafted this Agreement.
[REMAINDER OF THIS PA GE INTENTIONALLY LEF78l4NK]
[SIGNATURE PAGES FOLLOW]
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SIGNATURE PAGE FOR
THE CITY OF NORTH AUGUSTA
IN WITNESS WHEREOF, the undersigned has executed this Access Easement Agreement as of
the day of August,2016,
SIGNED, SEALED AND DELIVERED City of North Augusta, a political subdivision of the
IN THE PRESENCE OF: State of South Carolina
By:
Witness#I Signature Name:
Its:
Witness#2/Notary Public Signature
STATE OF SOUTH CAROLINA )
ACKNOWLEDGMENT
COUNTY OF AIKEN
1, , a Notary Public for South Carolina, do hereby
certify that as of the City of North Augusta (the "City"),
personally appeared before me this day and by authority duly given, acknowledged the due execution of
the foregoing instrument on behalf of the City.
Witness my hand and official seal this of August,2016.
(SEAL)
Notary Public for South Carolina
My Commission Expires:
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SIGNATURE PAGE FOR
WTC ENTERPRISES,LLC
IN WITNESS WHEREOF, the undersigned has executed this Access Easement Agreement as of
the day of August, 2016.
SIGNED, SEALED AND DELIVERED WTC ENTERPRISES,LLC,
IN THE PRESENCE OF: a South Carolina limited liability company [SEAL]
By:
Witness Signature Name: Weldon E. Wyatt
Its: Manager
wimxuswZ8vvtw7 Public Signature
STATE OF SOUTH CAROLINA )
)
ACKNOWLEDGMENT
COUNTY OF AIKEN )
l. , a Notary Public for South Curolino, do hereby
certify that Weldon E. Wyatt, Manager of WTC Enterprises, LLC, a South Carolina limited liability
company (the "Company"), personally appeared before me this day and by authority duly given,
acknowledged the due execution of the foregoing instrument on behalf of the Company.
Witness my hand and official seal this of August, 2016.
(SEAL)
Notary Public for South Carolina
My Commission Expires:
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