RES 2017-41 Adopted RESOLUTION NO. 2017-41
ACCEPTING A DEED OF DEDICATION FOR THE WATER DISTRIBUTION
SYSTEM, FIRE SUPPRESSION, SANITARY SEWER, AND ASSOCIATED
EASEMENTS AND RIGHTS OF WAY, ALONG WITH A MAINTENANCE
GUARANTEE AND LETTER OF CREDIT FOR INFRASTRUCTURE
IMPROVEMENTS, FOR SWEETWATER COMMONS, PHASES 1 & 2
WHEREAS, Next Chapter Holdings, LLC. developed Sweetwater Commons
Phases 1 & 2, according to the requirements of the North Augusta Planning Commission and
the City, and owns the streets, utilities and easements; and
WHEREAS, pursuant to §5.8.4.3 of the North Augusta Development Code,
the Interim Director of Planning and Development and the City Engineer approved the final
major site plan for Sweetwater Commons Phase 1 on April 15, 2015 and Sweetwater
Commons Phase 2 on October 4, 2016; and
WHEREAS, pursuant to §5.8.4.3 of the North Augusta Development Code,
the Planning Department approved the easement plat for Sweetwater Commons Phases 1 &
2 on September 21, 2017; and
WHEREAS, it is the policy of the City that, upon approval of a final major
site plan, the City will, following inspection by the City's Engineering Department, accept a
deed of dedication for the infrastructure improvements, etc. for the purpose of ownership
and maintenance when said deed is accompanied by a maintenance guarantee; and
WHEREAS, a maintenance guarantee and supporting letter of credit
accompany the deed; and
WHEREAS, the City Engineer has made final inspection of the subject
improvements and these improvements meet City standards.
NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of
the City of North Augusta, South Carolina, in meeting duly assembled and by the authority
thereof, do hereby accept a deed of dedication for:
The hereinafter described easement which is shown on that certain plat,
prepared for Next Chapter Sweetwater, LLC by R. D. Patner P.L.S., dated
September 12, 2017 (the "Plat").
A non-exclusive easement in perpetuity for the use, repair, and maintenance
of sewer lines on and under that property designated and described as
crosshatched on the Plat (the "Easement").
TOGETHER WITH fee simple title to all sewer lines and apparatus
constructed by Grantor in, upon and under said Sewer Easement.
RESOLUTION ACCEPTING DEED OF DEDICATION —
SWEET WATER COMMONS PHASES 1 & 2
Page 2
By acceptance of this deed, Grantee agrees to promptly maintain, repair and
replace the sewer lines and apparatuses installed or within the Sewer
Easement and that upon completion of any maintenance or repair of said
sewer lines, Grantee shall promptly return any disturbed land to its pre-
disturbed condition. Grantor reserves the right to relocate the Sewer
Easement and the associated sewer lines and apparatus upon prior notice to
Grantee.
Derivation: Deed Book RB4561, Page 1252
Deed Book RB4561, Page 1383
Deed Book RB4586, Page 1213
BE IT FURTHER RESOLVED that a Maintenance Guarantee and
Irrevocable Letter of Credit in the amount of$38,250.00 are hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY:2F4ORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF , 2017.
//'
Robert A. Pettit, Mayor
ATTEST:
Donna B. Young, ity Cler