ORD 2017-03 Adopted ORDINANCE NO. 2017-03
AN ORDINANCE GRANTING AN EASEMENT TO
SOUTH CAROLINA ELECTRIC AND GAS COMPANY FOR PLACEMENT OF A
SERVICE LINE RELATED TO THE CONSTRUCTION OF BALLPARK VILLAGE
WHEREAS, the City and private developers are working to construct the
project known as Ballpark Village; and
WHEREAS, this construction requires the relocation and disruption of
service of existing power lines; and
WHEREAS, as part of the construction, South Carolina Electric and Gas
Company has requested that the City grant to it an easement across the City's property that
would allow for the continuation of services; and
WHEREAS, the placement of such equipment is necessary for temporary
power until the construction of Ballpark Village is complete; and
WHEREAS, the Mayor and City Council have reviewed this matter, to
include the proposed Deed of Easement and find that it is in the best interest of the citizens
of North Augusta 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 grant to South Carolina Electric and Gas Company an easement
over and across City property known as Tax Parcel Numbers 007-13-01-006,
007-13-10-002,and 007-13-10-001 .
II. The City Administrator is hereby authorized to execute the Deed of Easement
and any other documents necessary in order to complete this matter.
III. 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'•4I
DAY OF Af:; ( , 2017.
First Reading: . 1/
Second Reading: 3 `�'� Lark W. Mayor
Third Reading: `+ 17 ATTEST:
Donna B. Young, City Clerk
Easement # 895722
INDENTURE, made this “ day of / —Q-- , 2017 by and between City of North Augusta, a
municipal corporation organized under the laws of the State of South Carolina of the County of Aiken and State of South
Carolina,hereinafter called"Grantor" (whether singular or plural), and the SOUTH CAROLINA ELECTRIC &GAS COMPANY, a
South Carolina corporation,having its principal office in Cayce, South Carolina,hereinafter called"Grantee".
WITNESSETH:
That, in consideration of the sum of One Dollar ($1.00) received from Grantee, Grantor, being the owner of land situate in
the County of Aiken, State of South Carolina,hereby grants and conveys to Grantee, its successors and assigns, the right to construct,
extend,replace, relocate,perpetually maintain and operate an overhead or underground electric line or lines consisting of any or all of
the following: poles, conductors, lightning protective wires, municipal, public or private communication lines, cables, conduits, pad
mounted transformers, guys, push braces and other accessory apparatus and equipment deemed by Grantee to be necessary or
desirable, upon, over, across, through and under land described as follows: a tract of land originally containing 140.19 acres, and
being the same lands conveyed to Grantor by deed of Judith H. McCarthy, f/k/a Judith Bright Haskell, et al., dated or recorded
December 10,2001,and filed in the Register of Deeds office for Aiken County in Deed Book 2154 at Page 41.
Right-of-Way is granted for a temporary overhead line to be located adjacent to the Georgia Power Company transmission
line easement. The said temporary line will extend in a generally southerly direction on Tract "C" (see Plat Book 53 at Page
11) and continue to the City of North Augusta Greenway project adjacent to the Savannah River. At this point, a permanent
pad-mounted transformer will be installed for service to Grantee. This easement will be replaced with a permanent easement
to be granted when future development no longer requires the said temporary line.
TMS: 007-13-01-006,007-13-10-002,and 007-13-10-001
Together with the right from time to time to install on said line such additional lines, apparatus and equipment as Grantee
may deem necessary or desirable and the right to remove said line or any part thereof.
Together also with the right (but not the obligation) from time to time to trim, cut or remove trees, underbrush and other
obstructions that are within, over, under or through a strip of land ("Easement Space") extending Fifteen(15) feet on each side of any
pole lines and Five (5) feet on each side of any underground wires and within, over, under or through a section of land extending
Twelve (12) feet from the door side(s) of any pad mounted transformers, elbow cabinets, switchgears or other devices as they are
installed; provided, however, any damage to the property of Grantor(other than that caused by trimming, cutting or removing) caused
by Grantee in maintaining or repairing said lines, shall be borne by Grantee; provided further, however, that Grantors agree for
themselves, their successors and assigns, not to build or allow any structure to be placed on the premises in such a manner that any
part thereof will exist within the applicable above specified Easement Space, and in case such structure is built, then Grantor, or such
successors and assigns as may be in possession and control of the premises at the time, will promptly remove the same upon demand
of Grantee herein. Grantor further agrees to maintain minimum ground coverage of thirty six (36) inches and maximum ground
coverage of fifty four(54) inches over all underground primary electric lines. Together also with the right of entry upon said lands of
Grantor for all of the purposes aforesaid.
The words "Grantor" and "Grantee" shall include their heirs, executors, administrators, successors and assigns, as the case
maybe.
IN WITNESS WHEREOF,Grantor has caused this indenture to be duly executed the day and year first above written.
WITNESS:
City of North Augusta, a municipal corporation organized
under the 1. of he State of South Carolina
By: _tom, (SEAL)
151 Witness B To-ddIFFII.117,City Administrator
ALA/VOL) Its: C.I s'-L f
2nd Witness
RW-4-E-SC(Rev.4-2010)
Easement # 895722
ACKNOWLEDGMENT
STATE OF SOUTH CAROLINA )
COUNTY OF AIKEN )
The foregoing instrument was acknowledged before me, the undersigned Notary, and I do hereby certify that
the within named City of North Augusta, a municipal corporation organized under the laws of the State of
South Carolina, by the hand of B. Todd Glover, City Administrator, personally appeared before me this day
and that the above named acknowledged the due execution of the foregoing instrument.
Sworn to before me this I "> day of kpz1 I , 2017
C7Y).
Signature 0-Notary Publi6- State of SC
My commission expires: ma,/ 1,),,,202(p
L . Kayla Fe/r9LIEDOn
Print Name of Notary PiThlic
RIGHT OF WAY GRANT TO
SOUTH CAROLINA ELECTRIC &GAS COMPANY
Line: Hammonds Ferry Lights to North Augusta
County: Aiken
R/W File Number: 21363
Grantor(s): City of North Augusta, a municipal corporation organized under the laws of the State of South
Carolina
Return to: SCE&G
132 Langley Dam Road
Warrenville, SC 29851
RW-4-E-SC(Rev.4-2010)