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ORD 2017-16 Adopted with Easement ORDINANCE NO. 2017-16 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 f 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 007-13-01-001 and 003-08-07-003. 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/o DAY OF`11ovo•,,,., , 2017. First Reading: 4t-401"›-A-- I Lv , 1 467501 Second Reading: BC-td ite.�011 Robert A. Pettit, Mayor Third Reading: -t-f'...)b(1 ATTEST: . Donna B. Young, City erk s Easement # 896479 INDENTURE, made this ' day of `rkDVIA-+-� .-1 , 2017 by and between City of North Augusta, a municipal corporation organized and existing under the laws of the 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: three tracts or lots of land containing 0.46 acre, 8.17 acres, and 63.5 acres, more or less, and being the same lands conveyed to Grantor by deeds of James L. Williams, Robert A. Smoak, Jr., Master, and Central of Georgia Railroad Company, dated or recorded October 22, 2002, February 8, 2000, and December 30, 1988,and filed in the Register of Deeds office for Aiken County in Deed Book 2250 at Page 109,Deed Book 1954 at page 230,and Deed Book 1073 at page 140,respectively(see also quit-claim deed recorded in Record Book 4134 at page 712). Right-of-Way is granted for underground facilities to extend from the Greenway Trail along and adjacent to the Georgia Avenue right-of-way(U.S.Highway 25 Business) as shown more fully on Grantee's drawing labeled C-82760, referenced only, and any approved revisions thereof. TMS: 007-13-01-001 and 003-08-07-003 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 • ugusta,a municipal corporation organized and e • ting/ der t e laws of the State of South Carolina 't • SEAL !/ ( ) 1st Witness B.Tod Glover, Administrator Lima)LA. Qntd2(22A) 2"Witness RW-4-E-G-SC (Rev.4-2010) Easement # 896479 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, 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 1111 day of Nd\leArYI bek , 2017 rY- (iCia -/at_ /tre,(2-(A3 Signature .9Notary Publi - State of SC My commission expires: Me („12034.40 (-- kay(tu T-64)1.5ca, Print Name of Notgry Public RIGHT OF WAY GRANT TO SOUTH CAROLINA ELECTRIC & GAS COMPANY Line: Project Jackson Muni Feeder County: Aiken R/W File Number: 21899 Grantor(s): City of North Augusta Return to: SCE&G 132 Langley Dam Road Warrenville, SC 29851 RW-4-E-G-SC (Rev.4-2010) � °Sc 1e ° IlF19� \iit �3: yit:34\c a Z I I - 1 I ' N3 !3 ppB o m 111,5 $ ��!' {�I�[s � 1 i 1 Qg 4 !�!; s®■I�' I� a its a°+ u hi iii Ilig iii11 ' " i§ I ' r� i;` 1,4 l'011w1'§ ;� , i�'{� , iiiieSa �l� e� if ogW1il� as 6a��jssK� E ail! 1'I�'_ {.ilA ill �oeQD e�° M�{ 1it 2 Iii IC;till 1 i 110 0 GY1{n EY\ tillillE 1 11, Ic'I- e ?r��S�� Lu i LQ U W i- F— it OOOCCI3 , M1 ` 0 Q o 06 0 D w co W 0 a) U Z ca w, 0 U.1 a -0 z d — CO C S .11.. 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