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082018 Council Mtg Agenda Backup North Augusta\ / South Carolina's Riverfront REGULAR AGENDA OF AUGUST 20, 2018 North CITY OF NORTH AUGUSTA Augusta South Carolina's Riuerfront AGENDA: REGULAR CITY COUNCIL MEETING August 20,2018—Municipal Center—100 Georgia Avenue,3rd Floor—7:00 P.M. CITIZEN COMMENTS: Citizens may speak to Mayor and City Council on each item listed on this agenda. Mayor Pettit will call for your comments prior to City Council discussing the matter. Citizens wishing to address Mayor and City Council are required to submit a Speaker Form to the City Clerk before addressing Mayor and City Council. Forms are provided on the credenza at the entrance to the Council Chambers. Citizen comments are limited to five minutes. CITIZEN ASSISTANCE: Individuals needing special assistance or sign interpreter to participate in the meeting,please notify the Administration Department 48 hours prior to the meeting. 1. CALL TO ORDER: 2. INVOCATION AND PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. APPROVAL OF MINUTES: Regular and study session meeting minutes of August 6,2018 Special Called meeting minutes of August 13,2018 5. PERSONNEL: Jack D.Jordan III,Retirement—Recognition of Service to the City of North Augusta UNFINISHED BUSINESS None NEW BUSINESS 6. STREETS AND DRAINS: Resolution No.2018-18-A Resolution Accepting a Deed of Dedication for Sanitary Sewer, Stormwater Collection and Fire Suppression Systems, and Associated Easements,Along with a Maintenance Guarantee and Letter of Credit,for Thomas Place 7. PRESENTATIONS/COMMUNICATIONS/RECOGNITION OF VISITORS: A. Citizen Comments: At this time, citizens may speak to Mayor and City Council regarding matters not listed on the agenda. Citizens wishing to address Mayor and City Council are required to submit a Speaker Form to the City Clerk before addressing Mayor and City Council. Forms are provided on the credenza at the entrance to the Council Chambers. Citizen comments are limited to five minutes. B. Council Comments 8. ADJOURNMENT: Administration Department North '` Augusta vy socai) Carolinas Riverfront Interoffice Memorandum TO: Mayor and City Council FROM: B. Todd Glover, City Administrator DATE: August 17, 2018 SUBJECT: Regular City Council Meeting of August 20, 2018 REGULAR COUNCIL MEETING ITEM 5. PERSONNEL: Jack D. Jordan III — Recognition of Service to the City of North Augusta On August 31, 2018, Jack D. Jordan III, Building Inspector II, will retire from the City of North Augusta with over 29 years of dedicated employment. Jack was hired in 1989 as an Electrical Inspector/Code Enforcement Officer, with extensive commercial and industrial experience as an electrician. With his experience, and through diligent study of building codes, Jack quickly established himself as an expert in building code enforcement, particularly in the electrical field. Jack is well- respected by his peers and is often consulted by other inspectors, contractors and engineers on electric code-related matters. Through both mandatory and voluntary continuing education, Jack has earned dozens of State and International code certifications. During his tenure with the City, Jack has been responsible for performing virtually all electrical construction inspections. Despite the sheer volume of daily inspections, Jack is known for his thoroughness and attention to detail, often to the chagrin of contractors. However, anyone who has lived in a home, or occupied a structure built in North Augusta since April of 1989 owes Jack a debt of gratitude. There is no doubt that through his efforts, lives have been saved and private property has been protected. We congratulate Jack on his retirement. He will be deeply missed. August 20, 2018 Please see congratulations below from two of his former Superintendents of Building Standards. Congratulations on your retirement Jack I would like to personally thank you for all the good you have done for the City of North Augusta. Those outside of the inspection department cannot know and appreciate the fact that you almost single handedly changed how electrical work is done in the city. Your extraordinary knowledge and experience in code enforcement cannot be replaced. All of North Augusta is a better and safer place to live because of you. Jack, take care of yourself relax and enjoy your retirement. Steve Smith Superintendent of Building Standards 1999—2013 (Retired) First let me say I wish Jack well in his retirement, it is something we all work for. I had the pleasure of working with Jack for fourteen years, the last four and a half as Superintendent of Building Standards. Jack is probably one of the most thorough individuals I ever worked with or had work for me. This I believe is why there are so many quality and safe buildings in the City of North Augusta. He has put countless hours of his own time doing plan review, load calculations, talking to engineers and homeowners to make sure everything was as electrically safe and sound. He went out of his way on many occasions to provide guidance to a homeowner performing his own work, making sure it was right, often making multiple trips back and forth to get the power on at the home. He gained the respect of most contractors as a hard but fair and consistent inspector. I can say he helped me tremendously when I took the Building Official position, as it was only myself and Jack. 1 was trying to do numerous things required of the job, and he stepped up, grabbed the ball and we made it happen. I was really glad he was on my team. The City of North Augusta is, was very lucky to have him on their team all these years. Even though he was known as hard, he always held the best interest of the City and its residents. North Augustans will probably never know all the things he did to make the City what it is. Again I wish Jack the best in any future endeavors he may wish to try. Sincerely, Manuel Gunter Jr. Superintendent of Building Standards 2014—2018 (Retired) August 20, 2018 ITEM 6. STREETS AND DRAINS: Resolution No. 2018-18 - A Resolution Accepting a Deed of Dedication for Sanitary Sewer, Stormwater Collection and Fire Suppression Systems, and Associated Easements, Along with a Maintenance Guarantee and Letter of Credit, for Thomas Place A resolution has been prepared for Council's consideration accepting a Deed of Dedication for sanitary sewer, stormwater collection and fire suppression systems, and associated easements, along with a maintenance guarantee and letter of credit for Thomas Place. Please see ATTACHMENT NO. 6 for a copy of the proposed resolution and associated documents. ATTACHMENT 6 RESOLUTION NO. 2018-18 ACCEPTING A DEED OF DEDICATION FOR SANITARY SEWER, STORMWATER COLLECTION AND FIRE SUPRESSION SYSTEMS, AND ASSOCIATED EASEMENTS, ALONG WITH A MAINTENANCE GUARANTEE AND LETTER OF CREDIT, FOR THOMAS PLACE WHEREAS, Thomas Place Development, LLC developed Thomas Place, 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 Director of Planning and Development and the City Engineer approved the final subdivision plat for recording on March 2, 2018 and WHEREAS, it is the policy of the City that, upon approval of a final subdivision plat, the City will, following inspection by the City's Engineering department, accept a deed of dedication for the utilities, etc. for the purpose of ownership and maintenance when said deed is accompanied by a maintenance guarantee; and WHEREAS, a maintenance guarantee and cash deposit 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: ANY AND ALL portion of the aforesaid property containing and encompassing all of the sanitary sewer lines, storm water collection systems, and related infrastructure, and appurtenances to said premises belonging or in any way incident or appertaining, located within said property in accordance with and as shown on the above-referenced plat. TOGETHER WITH all (a) sanitary sewerage collection systems shown on the aforesaid plat; (d) storm water collection system shown on the aforesaid plat; and (e) a perpetual and non-exclusive easement for sanitary sewage and storm water collection systems located on the property shown on the aforesaid plat, as well as the necessary ingress and egress to reach and enter the aforesaid. TOGETHER WITH all fire suppression systems and components accessing, incorporating and using the water supply system, connections and lines RESOLUTION ACCEPTING DEED OF DEDICATION— THOMAS PLACE Page 2 located within the subdivision property, as well and the necessary ingress and egress to reach and enter the aforesaid. This being the same property conveyed to Thomas Place Development, LLC by Deed of Belva Thomas Lacey, dated February 23, 2018, and recorded in Deed Book 4710, pages 159-161, in said RMC Office. Map/Parcel No. 011-05-06-011 BE IT FURTHER RESOLVED that a Maintenance Guarantee and cash deposit in the amount of$20,000 are hereby accepted. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF , 2018. Robert A. Pettit, Mayor ATTEST: Donna B. Young, City Clerk Department of Planning g and Development Memorandum # 18-20 City of North Augusta To: B. Todd Glover, City Administrator From: Libby Hodges, AICP, Director .:). Subject: Deed of Dedication for Thomas Place Subdivision Date: August 16, 2018 The final plat for the Thomas Place subdivision located at parcel # 011-05-06-001, containing 6.88 acres, owned by Thomas Place Development, LLC, was approved on March 2, 2018. The owner has completed all required infrastructure improvements and requests that the City accept a deed of dedication for the sanitary sewer, stormwater collection, and fire suppression systems including the associated easements, and related appurtenances as shown on the recorded plat. The improvements to be dedicated to the City have been approved by the City Engineer. The attached dedication documents have been approved by the City Attorney. The City may accept these utilities following an inspection by the City's Engineering Department for the ownership and maintenance when the deed is accompanied by an appropriate maintenance guarantee. A draft resolution for the acceptance of the dedication is attached and a digital copy has been forwarded to the City Clerk. The following documents are attached: 1. Deed of Dedication for the associated right of way, sanitary sewer lines, storm water collection systems, and related infrastructure, and appurtenances to said premises belonging or in any way incident or appertaining, located within said property in accordance with and as shown on the above-referenced plat; 2. Maintenance Guarantee dated August 16, 2018, and valid for a period of 24 months (copy); 3. A cash deposit in the form of a check from South State Bank in the amount of $20,000 in support of the Maintenance Guarantee (check copy); 4. Title Certificate dated July 11, 2018; 5. Release of Mortgage from Billy R. Litchfield and Katherine Dianne Litchfield, and 6. Final Plat approved by the City of North Augusta and recorded by the Aiken County RMC. We are requesting that you please execute the original Maintenance Guarantee and schedule the resolution accepting the Thomas Place Subdivision deed of dedication for City Council consideration at the next available meeting. RETURN TO: Donald H. White, P.C. 924 Stevens Creek Road, Ste. 101 Augusta, Ga. 30907 STATE OF SOUTH CAROLINA ) COUNTY OF AIKEN ) DEED OF DEDICATION THIS INDENTURE, made and entered into this day of , 2018, by and between THOMAS PLACE DEVELOPMENT, LLC., hereinafter referred to as the Party of the First Part, and CITY OF NORTH AUGUSTA, SOUTH CAROLINA, a body politic and corporate and a political subdivision of the County of Aiken, State of South Carolina, acting by and through its City Council and Mayor, hereinafter referred to as the Party of the Second Part. WITNES SETH WHEREAS: With regard to the property described as follows: All that tract or parcel of land, with improvements thereon, situate, lying and being in the State of South Carolina, County of Aiken, City of North Augusta, consisting of 6.88 acres, and containing thirty-seven (37) lots, streets, common areas and detention pond, all as shown on a plat dated December 23, 2017, revised February 16, 2018, prepared by William H. McKie, III, P.L.S., and recorded on March 2, 2018, in the Office of the R.M.C. for Aiken County, S.C., in Plat Book 60, page 459; and further shown on said plat as Units 1-37; together with Open Space, containing 1.48 acres; Detention Pond containing 0.56 acre; and the following street (50' right of way): Wildlife Circle; and also all other easements and other property, all as shown on said plat, reference being made to said plat for a more complete and accurate description of the property hereby conveyed. Derivation: This is the same property conveyed to Thomas Place Development, LLC by Deed of Belva Thomas Lacey, dated February 23, 2018, and recorded in Deed Book 4710,pages 159-161, in said RMC Office. Map/Parcel No. 011-05-06-011 THE PARTY OF THE FIRST PART, for and in consideration of the sum of One Dollar ($1.00) in cash to it in hand paid by the Party of the Second Part, the receipt of which is hereby acknowledged, and by way of dedication to the Party of the Second Part, at and/or before the sealing and delivery of these presents, and other good and valuable considerations, has granted, bargained, sold, released, conveyed and confirmed and by these presents does grant, bargain, sell, release, convey and confirm unto the said Party of the Second Part, its successors and assigns, the following described property, to-wit: ANY AND ALL portion of the aforesaid property containing and encompassing all of the sanitary sewer lines, storm water collection systems, and related infrastructure, and appurtenances to said premises belonging or in any way incident or appertaining, located within said property in accordance with and as shown on the above-referenced plat. TOGETHER WITH all (a) sanitary sewerage collection systems shown on the aforesaid plat; (d) storm water collection system shown on the aforesaid plat; and (e) a perpetual and non-exclusive easement for sanitary sewage and storm water collection systems located on the property shown on the aforesaid plat, as well as the necessary ingress and egress to reach and enter the aforesaid. TOGETHER WITH all fire suppression systems and components accessing, incorporating and using the water supply system, connections and lines located within the subdivision property, as well and the necessary ingress and egress to reach and enter the aforesaid. Grantee's Address: P.O. Box 6400 North Augusta, South Carolina 29841 Attn: North Augusta City Clerk TO HAVE AND TO HOLD SAID PROPERTY and all singular the members and appurtenances therein belonging as aforesaid, and every part thereof, unto the said Party of the Second Part, its successors and assigns, forever in FEE SIMPLE. IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to be executed the day and year first above written as the date of these presents. SIGNED, SEALED AND DELIVERED : in the presence of: :THOMAS PLACE DEVELOPMENT, LLC CkAL-1- :By: . . :As Its 0,7,7 Notary Public, ��, �ys� 4. werrrF {CORPORATE SEAL My commission expires: 6k!2 61\\A1-13% ti co NOT,�9 l2y , 1=1: 'o -oG rC z5°• :mJ ACKNOWLEDGEMENT STATE OF SOUTH CAROLINA COUNTY OF AIKEN Sworn to, subscribed and acknowledged before me by Thomas Place Development, LLC, by and through its authorized officer above subscribing witness, this (, day of At,,Eli ,- , 2018. (seal) Notary Public, P9-1.4o cab"'rc 0: My commission expires: (q(2G %a L 2E an: , ti , I C P. IN WITNESS WHEREOF, on this day of , 2018, the herein below Party of the Second Part has executed this Deed of Dedication. CITY OF NORTH AUGUSTA, SOUTH CAROLINA Signed, sealed and delivered in the presence of: By: As its: Witness Attest: As its: Witness ACKNOWLEDGEMENT STATE OF SOUTH CAROLINA COUNTY OF AIKEN Sworn to, subscribed and acknowledged before me by City of North Augusta, South Carolina, by and through its authorized representative and agent, and the above subscribing witness, this day of , 2018. (seal) Notary Public, My commission expires: STATE OF SOUTH CAROLINA ) MAINTENANCE GUARANTEE COUNTY OF AIKEN ) NAME OF SUBDIVISION: Thomas Place DEVELOPER/OWNER: Thomas Place Development, LLC DATE OF FINAL SUBDIVISION PLAT APPROVAL: February 26, 2018 MAINTENANCE GUARANTEE AMOUNT: $20,000 WHEREAS, Thomas Place Development, LLC has submitted a final plat for Thomas Place, prepared by William H. McKie, Ill dated December 23, 2017, for 37 fee simple townhouses situated in the City of North Augusta, County and State aforesaid; and WHEREAS, the North Augusta Planning Commission, meeting on November 17, 2016, did grant major subdivision plan (preliminary plat) approval for Thomas Place, and the Director of Planning and Development and the City Engineer signed the major subdivision plan (preliminary plat) on June 13, 2017; and WHEREAS, the developer developed the approved major subdivision plan for Thomas Place; and WHEREAS, the City Engineer has inspected the infrastructure improvements and has duly certified that said improvements are, to the best of his knowledge based upon such inspection, built to the City of North Augusta design standards; and WHEREAS, pursuant to §5.8.4 of the North Augusta Development Code, the Director of Planning and Development and the City Engineer approved the final subdivision plat for recording on February 26, 2018; and WHEREAS, the Director of Planning and Development and the City Engineer recommend that the City accept from the developer a Maintenance Guarantee to insure that proper workmanship and materials were in fact used in regard to infrastructure improvements and to insure that, in the event of failure in regard to said improvements for any reason except force majeure, the City would have adequate funds necessary to return such improvements to an acceptable condition. Maintenance Guarantee —Thomas Place Page 2 of 5 NOW, THEREFORE, as security for the maintenance by the developer of the infrastructure improvements as shown on the final subdivision plat for Thomas Place, as well as for any other improvements provided and proposed to be granted to the City by deed of dedication in accordance with §5.8.5 of the North Augusta Development Code, the developer does hereby guarantee the maintenance of the infrastructure improvements under and pursuant to the following terms. INFRASTRUCTURE IMPROVEMENTS SUBJECT TO THIS GUARANTEE This Maintenance Guarantee shall extend to all infrastructure improvements proposed to be deeded to, dedicated to, transferred or otherwise assigned to the City of North Augusta by the developer. Such improvements shall include, where applicable, the following but not be limited to such specified improvements: A. Sanitary sewerage collection system; B. Stormwater drainage system; and REPRESENTATIONS BY THE DEVELOPER The Developer represents to the City of North Augusta that: A. For a period of twenty-four (24) months from the approval of the final plat, the improvements will not fail, for any reason, with the exception of force majeure; B. The Developer has submitted the Deed of Dedication and a monetary guarantee, in the form of cash deposit in the amount of $20,000, in support of this Maintenance Guarantee in accordance with §§5.8.4 and 5.8.5 of the North Augusta Development Code within the specified time period; C. The City Engineer for the City of North Augusta shall have full and absolute discretion and authority in determining whether or not a failure has occurred in regard to the infrastructure subject to this Maintenance Guarantee. REMEDIES IN THE EVENT OF DEFAULT In the event that the City Engineer for the City of North Augusta, in his sole discretion, determines that a failure has occurred, he shall provide written notice of such failure to the developer with a request for the immediate correction of said failure. In the event of failure by the developer to make such repairs as necessary within sixty (60) days of such written notice or within ten (10) days, in the event of such notice being received during the last sixty (60) days covered by this Maintenance Guarantee and letter of credit, the following conditions shall prevail: Maintenance Guarantee —Thomas Place Page 3 of 5 A. This Maintenance Guarantee shall be considered violated and in default with the City having full right and authority to make claims on the guarantee amount provided for herein. B. The City may make claim against the full amount of the monetary guarantee, until such time as the City is able to make the necessary repairs to the infrastructure. C. Following the completion of the repairs to the infrastructure to the satisfaction of the City Engineer, any funds remaining from the monetary guarantee shall be refunded to the developer. D. The City is entitled to compensation, at a reasonable rate, for any in-house services provided by the City for the purpose of correcting failures or deficiencies to the infrastructure. E. The City shall have full and absolute authority in regard to a determination as to party or parties contracted with for the purpose of making repairs as required. (Signature pages follow) Maintenance Guarantee — Thomas Place Page 4 of 5 IN WITNESS WHEREOF, Thomas Place Development, LLC has caused these presents to be executed this /'G day of is u rr , 20 ( Thomas Place Development, LLC BY: VT - 1 SS "R3144-�(4.wrnrn i"CEY ITS: MANAGER/ ' BER OA- WITNESS Maintenance Guarantee — Thomas Place Page 5 of 5 ACCEPTED THIS DAY OF , 20 City of North Augusta BY: WITNESS B. TODD GLOVER ITS: CITY ADMINISTRATOR WITNESS 71837/M 1802426 OFFICIAL CHECK x• m°i,y o D m .`gN2 o -< ilL o (n Ell in C:5) 73 " m ; C myzE SOO fD�il . o ;CO•, T x om _ � N 'oAO i Z r^ m =-; AAO=p O V cymF O 2 O Y1 nil fL m ; C M F -=i x r —I N MI. O D 6 1 C hfRT®ti) INNN�II o w"' Idll�IO 9 nufI, a 0 9 03 SIC a:N ° 2 o r ini:N 0 dill 43 E Ca _CM] N iii co O l qi D I►. 46'111 m Ern 1,I,NI N .'°°'N o co N o 73 O O �� m0 r. p CO CO > 0 Cri z '(I O t0 D �' O m O m LAW OFFICES OF DONALD H. WHITE A PROFESSIONAL CORPORATION Licensed in Georgia and South Carolina 924 Stevens Creek Road,Suite 101 511 W. Martintown Road Augusta,Georgia 30907 North Augusta,SC 29841 (706)860-6810 (803)202-0212 (706)860-1549 Fax E-Mail:don @donwhitelaw.com www.donwhitelaw.com July 11, 2018 City of North Augusta Planning and Zoning Department 100 Georgia Avenue, Second Floor North Augusta, South Carolina 29841 Re: Thomas Place Development,LLC Title Certification for Thomas Place Subdivision CERTIFICATE OF TITLE I am an attorney admitted to practice law in the State of South Carolina. The opinion set forth in this Certificate of Title may be relied upon only by the City of North Augusta. South Carolina, its successors and assigns, and its legal counsel. but no other party without my prior written consent. I certify that an examination has been made of the pertinent public records duly indexed and filed in the office of the Clerk of Court, Register of Deeds, Judge of Probate (in the event title passed by descent or devise) and Treasurer's Office for Aiken County and the City of North Augusta, as of July 9, 2018, at 5:00 p.m.,which affects the title to the real property described on Exhibit "A" attached hereto and based upon such examination (expressly excluding matters not shown by records herein listed), it is our opinion that Thomas Place Development, LLC. a limited liability company organized under the -laws of the State of..South Carolina. has a marketable, fee simple, recordable title thereto free and clear of all liens and encumbrances, except as set forth in Exhibit`B"attached hereto and made a part hereof for all purposes. • Donald H. • •i te, P.C" By: Don•17 hi te Attorney at Law S.C. Bar No. 6273 EXHIBIT"A" All that tract or parcel of land, with improvements thereon, situate, lying and being in the State of South Carolina. County of Aiken, City of North Augusta, consisting of 6.88 acres, and containing thirty-seven (37) lots, streets, common areas and detention pond. all as shown on a plat dated December 23, 2017, revised February 16, 2018, prepared by William H. McKie, Ill, P.L.S., and recorded on March 2, 2018, in the Office of the R.M.C. for Aiken County, S.C.. in • • Plat Book 60,page 459; and further shown on said plat as Units 1-37; together with Open Space, containing 1.48 acres; Detention Pond containing 0.56 acre; and the following street(50' right of way): Wildlife Circle; and also all other easements and other property, all as shown on said plat, reference being made to said plat for a more complete and accurate description of the property hereby conveyed. Derivation: This is the same property conveyed to Thomas Place Development, LLC by Deed of Belva Thomas Lacey, dated February 23, 2018, and recorded in Deed Book 4710, pages 159- 161,in said RMC Office. • Map/Parcel No. 011-05-06-011 • EXHIBIT"B" 1. County of Aiken taxes for tax year 2018, which are accruing but not yet due and payable. County of Aiken taxes for previous years are paid with no delinquency noted of record. 2. City of North Augusta taxes for tax year 2018, which are accruing but not yet due and payable. City of North Augusta taxes for previous years are not owed. 3. Mortgage in favor of Billy R. Litchfield and Katherine Dianne Litchfield, dated March 15, 2018,recorded on April 5, 2018, in Book 4714, pages 491-503, in the Office of the RMC for • Aiken County, South Carolina, in the original amount of$510,000.00. 4. Easement in favor of South Carolina Electric& Gas Company dated September 29, 1979, and recorded in Deed Book 286, page 269, Aiken County records. 5. Right of Way in favor of South Carolina Electric & Gas Company dated November 2, 1984,recorded in Book 853, page 252. 6. Right of Way in favor of South Carolina Electric & Gas Company dated October 31, 1984,recorded in Book 856, page 89. 7. Easement in favor of South Carolina Electric & Gas Company dated August 5. 1986, recorded in Book 944, page 48. 8. Right of Way in favor of South Carolina Electric & Gas Company dated July 21, 2017, recorded in Book 4674, page 603. 9. Easement in favor of BellSouth Telecommunications, LLC, et al.. dated February 16, 2018, recorded in Book 4715,page 2211. 5. Matters as shown on a plat of Thomas Place, dated December 23. 2017; revised February 16,2018,prepared by William H. McKie,III, P.L.S.,recorded in Plat Book 60,page 459. • 6. Matters occurring subsequent to the inclusive dated of title examination. 7. Matters which would not be revealed by a review of the public records regarding a proposed purchaser/borrower,who is not a current owner of the property: 8. Compliance with any local, county, state or federal government law or regulation relative to environment, zoning, subdivision, occupancy, use, construction or development of the subject property. 9. Judgments, liens, and proceedings filed only in Federal Court. (Upon the filing of a petition in Bankruptcy, title to real property vests in the Trustee in Bankruptcy and notice thereof is not always required to be filed in the County in which the Bankrupt debtor owns property; S federal condemnation proceedings may vest property in the Federal Government.) 10. STANDARD EXCEPTIONS: Interests or claims not disclosed by public records, including but not limited to: (a) Unrecorded mechanics or materialmen's liens. (Liens may be filed by persons or entities furnishing labor or materials to any improvements on real property within 90 days of performance or furnishing of materials.) (b) Unrecorded leases. (c) Matters that may defeat or impair title which do not appear on record. (d) Taxes, Special Assessments and other governmental charges that are not shown as existing liens by the public records. (e) Civil actions where no notice of lis pendens appears of record. PLEASE RETURN TO: Donald H.White,P.C. Attorney at Law 924 Stevens Creek Rd;Ste. 101 Augusta,Georgia 30907 File# STATE OF SOUTH CAROLINA ) COUNTY OF AIKEN ) PARTIAL RELEASE OF MORTGAGE Whereas. BILLY R. LITCHFIELD and KATHERINE DIANNE LITCHFIELD, are the Mortgagees and hold a security interest in real property described in a Mortgage dated March 15, 2018, and recorded in Book 4714. pages 491-503, in the Office of the RMC for Aiken County, South Carolina; and WHEREAS. the Mortgagees have agreed to release the property described below from the aforesaid Mortgage in order to facilitate the Mortgagor's conveyance of certain infrastructure relating to Thomas Place Subdivision by a Deed of Dedication to the City of North Augusta. South Carolina; and WHEREAS. the remaining property described in the Mortgage is sufficient and adequate security for the loan secured by the above-referenced instrument: NOW THEREFORE, in consideration of One ($1.00) Dollar and the mutual covenants of the parties, BILLY R. LITCHFIELD and KATHERINE DIANNE LITCHFIELD, hereby release and forever quitclaim the following described property from the Mortgage referenced above: ANY AND ALL portions of the above-referenced property consisting of and containing all of the sanitary sewer lines, storm water collection systems, and related infrastructure, and appurtenances to said premises belonging or in any way incident or appertaining, located within said property, in accordance with and as shown on the plat recorded in Plat Book 60, page 459, in the aforesaid RMC office. TOGETHER WITH all (a) sanitary sewerage collection systems shown on the aforesaid plat; (d) storm water collection system shown on the aforesaid plat; and (e) a perpetual and non-exclusive easement for sanitary sewage and storm water collection systems located on the property shown on the aforesaid plat, as well as the necessary ingress and egress to reach and enter the aforesaid. 1 TOGETHER WITH all fire suppression systems and components accessing, incorporating and using the water supply system. coruiections and lines located within the subdivision property, as well and the necessary ingress and egress to reach and enter the aforesaid. Following execution of this Partial Release of Mortgage, it is the intention of the Mortgagees herein to retain a security interest in all of the remaining property referenced in the Mortgage recorded in Book 4714, pages 491-503, as referenced above. Derivation: This is a portion of the property conveyed to Thomas Place Development, LLC by Deed of Belva Thomas Lacey, dated February 23, 2018. and recorded in Book 4710, pages 159-161, in said RMC office. Map/Parcel No.: Portion of 011-05-06-011 IN WITNESS WHEREOF, BILLY R. LITCHFIELD and KATHERINE DIANNE LITCHFIELD have executed this Partial Release of Mortgage under seal. this 13th day of August, 2018. ,4r /i (L.S.) �4:' BIL R. LIT Fkof D KATHERINE DIANNE LITC FI tr1 Signed, sealed and delivered in t,e presence of: 1 1,/ ) A - /1\ Witness Witness ''f G✓rr`n' STATE OF SOUTH CAROLINA ] COUNTY OF AIKEN The foregoing Partial Release of Mortgage was acknowledged before me this 13th day of August. 2018, by BILLY R. LITCHFIELD and KATHERINE DIANNE LITCHFIELD, Mortgagees herein. S . ' to before ,• ' day of August. 2018. \.'. 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