ORD 2017-08 Adopted with Easement ORDINANCE NO. 2017-08
AN ORDINANCE GRANTING EASEMENTS TO
SOUTH CAROLINA ELECTRIC AND GAS COMPANY FOR PLACEMENT OF
FACILITIES RELATED TO THE CONSTRUCTION OF RIVERSIDE VILLAGE AT
HAMMOND'S FERRY
WHEREAS, the City and private developers are working to construct the
project known as Riverside Village at Hammond's Ferry; and
WHEREAS, as part of the construction, South Carolina Electric and Gas
Company has requested that the City grant to it easements upon and across City property
that would allow for the provision of electric services to various proposed facilities; and
WHEREAS, the placement of such equipment is necessary for the
completion and operation of the structures; 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 007-18-05-003,
007-18-05-001,007-17-02-007,007-13-42-002,007-17-01-001,and 007-13-10-002.
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 c3 IS+
DAY OF -V'f" , 2017.
First Reading: 7,6- ��/ 7 i Second Reading: .c7 Robert A. Pettit, Mayor
Third Reading: AC , �� ATTEST:
Donna B. Young, Cit Clerk
1
Easement # 896261
INDENTURE, made this .-0AP-CC day of , 2017 by and between City of North Augusta, a
municipal corporation organized and existing under the laws o e 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: four tracts of land originally containing 5.96 acres-
Parcel 2, 20.10 acres-Parcel 3, 2.19 acres-Tract 1, and 138.99 acres-Parcel A, more or less, and being the same lands conveyed to
Grantor by deeds of Greenstone Hammond's Ferry, LLC,Julia H. Barrett, and Judith H. McCarthy, dated or recorded May 16,
2017, April 9, 2002, and December 10, 2001, and filed in the Register of Deeds office for Aiken County in Record Book 4662 at
page 920, Deed Book 2190 at page 114,and Deed Book 2154 at page 41 (refer to plat recorded in Plat Book 59 at page 949).
Right-of-Way will be shown more fully on Grantee's drawing labeled D-81445, referenced only, and any approved revisions or
subsequent drawings thereof.
TMS: 007-18-05-003,007-18-05-001,007-17-02-007,007-13-42-002,007-17-01-001,and 007-13-10-002
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 to lay, construct, maintain, operate, repair, alter, replace and remove pipe lines, together with
valves, tieovers and appurtenant facilities for the transportation of gas, oil petroleum products or any other liquids, gases or substances
which can be transported through a pipe line.
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 or pipe lines 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. Grantor further agrees to maintain
minimum ground coverage of twenty four (24) inches and maximum ground coverage of forty two (42) inches over all underground
pipe(gas) 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
may be.
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
and existing under the laws of the State of South Carolina
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151 Witness ' B. Todd Glover,City Administrator
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2" Witness
RW-4-E-G-SC (Rev.4-2010)
Easement # 896261
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 B. Todd Glover, City Administrator of City of North Augusta, a municipal corporation
organized and existing under the laws of the State of South Carolina, personally appeared before me this day
and that the above named acknowledged the due execution of the foregoing instrument.
Sworn to before me this,a4 day of .--,'t" , 2017 p__,, -g.......„.„_. 2_4,,,,,
--6,,,,,_Signature of Notary Public - State of SC
My commission expires: 41/0111.
' pry-■& K uSe— P,-ar\cJ-. Ysb ur1
Print Name of Notary Public
RIGHT OF WAY GRANT TO
SOUTH CAROLINA ELECTRIC & GAS COMPANY
Line: GreenJackets Stadium and Parcels /Project Jackson
County: Aiken
R/W File Number: 21790
Grantor(s): City of North Augusta, a municipal corporation organized and existing under the laws of the
State of South Carolina
Return to: SCE&G
132 Langley Dam Road
Warrenville, SC 29851
RW-4-E-G-SC (Rev.4-2010)