RES 2018-24 Adopted RESOLUTION NO. 2018-24
ACCEPTING A DEED OF DEDICATION FOR A SANITARY SEWER LINE AND
ASSOCIATED EASEMENT FROM WALNUT LANE INVESTMENTS, LLC
WHEREAS, site plan approval for Walnut Corner was granted to Walnut
Lane Investments, LLC, on June 14, 2017; and
WHEREAS, in accordance with policy, the City agreed to accept ownership
and maintenance responsibility for the sanitary sewer system, upon its completion; and
WHEREAS, the City Engineer has made final inspection of the sanitary
sewer lines and related appurtenances, and found that this system meets the City's 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:
A non-exclusive easement in perpetuity for the use, repair, and maintenance
of underground sewer lines on and under that property designated and
described as "20' Sanitary Sewer Easement" as shown and delineated on an
Easement Plat for Walnut Lane Investments, LLC prepared by Southern
Partners, Inc. dated February 28, 2018, which plat is recorded in the Office of
the RMC for Aiken County in Plat Book 60, Page 681.
TOGETHER WITH fee simple title to all sanitary sewer lines and apparatus
located in, upon and under said PERMANENT SANITARY SEWER
EASEMENT.
Tax Parcel Number 010-14-04-014
be
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
/y— DAY OF(;'G�Q , 2018.
it Lam[
Robert A. Pettit, Mayor
ATTEST:
Donna B. Young, City Clerk
Recording Requested By and
When Recorded Mail to:
Turner Padget Graham&Laney, P.A.
1901 Main Street,Suite 1700
Columbia,South Carolina 29201
Attention: Jennifer N.Stone,Esquire
(Space above this line for Recorder's Use)
STATE OF SOUTH CAROLINA )
DEED AND EASEMENT TO SANITARY
COUNTY OF AIKEN ) SEWER LINES
KNOW ALL MEN BY THESE PRESENTS, that WALNUT LANE INVESTMENTS, LLC, a
South Carolina limited liability company (hereinafter referred to as "Grantor"), for and in consideration of
the sum of Ten and 00/100 Dollars ($10.00) to it paid by THE CITY OF NORTH AUGUSTA, A
MUNICIPAL CORPORATION AND POLITICAL SUBDIVISION OF THE STATE OF SOUTH
CAROLINA (hereinafter referred to as "Grantee"), (receipt of which consideration is hereby
acknowledged), has granted, bargained, sold and released and by these presents does grant, bargain, sell,
transfer and convey unto said Grantee, its successors and assigns, all of its right,title and interest in and to
the below described sanitary sewer lines lines:
The sanitary sewer lines (the "Sanitary Sewer Lines") located on the property described in
Exhibit A attached hereto and made a part hereof(the "Property"), and as shown on that certain
Sanitary Sewer Easement Plat of Walnut Corner prepared for Walnut Lane Investments, LLC
dated February 28, 2018, and recorded �E 21 , 2018, in Book 63O at Page
(¢S\ in the Office of the Register of Mesne Conveyances for Aiken County(the "Plat").
By acceptance of this instrument, Grantee, its successors and assigns, assumes liability and
responsibility for the upkeep and maintenance of the Sanitary Sewer Lines, and Grantee acknowledges
that Grantor, its successors and assigns, shall not be responsible or liable for such upkeep and
maintenance after the date of this conveyance.
Also included herein is a perpetual non-exclusive easement, over the area shown on the Plat as
"20' Sanitary Sewer Easement," for the purpose of installation, operation, maintenance, repair,
replacement, relocation and removal of the Sanitary Sewer Lines (the "Easement"). Grantee shall be
solely responsible for maintenance of the Easement and included with this grant are reasonable ingress
and egress rights over the Property as may be necessary for access to the Easement for the purposes set
forth in the preceding sentence.
Grantee shall repair all damage to the Property within the boundaries of the Easement and to all
roads, fences and other improvements outside the boundaries of the Easement which is caused by Grantee
in connection with its use of the Easement.
Grantee shall indemnify, defend, and hold Grantor, and its successors and assigns, harmless from
and against any and all claims, demands, causes of action, and costs and expenses asserted by others or
incurred by Grantor, or its successors or assigns, and which are caused by or arise in any manner out of
acts of omissions of Grantee, its successors, assigns, employees, agents, on any other persons acting
under its authority, in the use and occupancy of the Easement granted herein.
1
TPGL 8435001
The Easement granted herein is subject to all validly existing restrictions, covenants, conditions,
rights of way, easements, mineral reservations and royalty reservations, encumbrances and other matters
(i) of record and/or (ii) visible and on the ground that a true and correct survey would reveal, to the full
extent the same exist and affect the Easement. Notwithstanding anything to the contrary in this
instrument, (a)nothing contained herein shall grant or be construed to grant to Grantee (i)the right to use
the Easement for any purpose other than for the purposes set forth herein, or (ii) the right to change or
alter the dimensions of the Easement granted herein or otherwise change the location thereof without the
prior written approval of Grantor, (b)Grantor expressly reserves unto itself and its successors and assigns,
the right to use and enjoy the land covered by the Easement herein granted for any purposes whatsoever,
except insofar as said use and enjoyment unreasonably interferes with the rights hereby granted to
Grantee, and (c) Grantor further reserves the right to grant additional rights of way to such other persons
or entities and for such purposes as Grantor may desire; provided, however, that Grantee shall not be
unreasonably disturbed in the use and enjoyment of the rights hereby granted to it.
Together with, all and singular, the rights, members, hereditaments and appurtenances to the said
premises before mentioned unto Grantee and Grantee's successors and assigns forever. And Grantor does
hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular
said premises unto Grantee and Grantee's successors and assigns, and against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
2
TPGL 8435001
GRANTOR SIGNATURE PAGE TO DEED AND EASEMENT TO SANITARY SEWER LINES
WALNUT LANE INVESTMENTS, LLC to CITY OF NORTH AUGUSTA
____12.1 WITNESS WHEREOF, Grantor has caused these presents to be executed this_ y of
/7/479_, 2018.
GRANTOR:
Walnut Lane Investments, LLC, a South Carolina limited
�� liability compan
Witn- s (Signature By: 1 zi---------_
1 Name: Weldo . Wyatt
�� Title: Manager
Witness 2/Notary Public Signature
STATE OF SOUTH CAROLINA §
§ ACKNOWLEDGMENT
COUNTY OF AIKEN §
The foregoing instrument was acknowledged before me by Weldon E. Wyatt, Manager of Walnut
Lane Investments, LLC, a South Carolina limited liability company (the"Company"), by duly authorized
action on behalf of the Company.
Sworn t.&ore me this o215-
day of , 2018.
(Seal)
1`4- -e.A - (Print Name)
Notary Public for South Carolina
My Commission Expires: Y/02 f o3(Q
[SEAL]
3
TPGL 8435001
LENDER'S CONSENT TO DEED AND EASEMENT TO SANITARY SEWER LINES
WALNUT LANE INVESTMENTS,LLC to CITY OF NORTH AUGUSTA
SRP Federal Credit Union ("Lender") holds a lien on the Property. Lender, for itself and its
successors and assigns,joins herein to evidence its consent to the terms and provisions of this instrument
and to evidence its agreement that its lien shall be subordinate to the Easement granted herein and that
any foreclosure of the lien of Lender affecting all or any part of the Property, whether such lien presently
exists or is created in the future, or any conveyance in lieu of such foreclosure, shall not extinguish,
terminate, cut off, alter or otherwise affect the Easement, which shall continue unabated, in full force and
effect.
LENDER:
SRP Federal Cre•it Un'
By:
Name: Mel Valenzuela
j Title: Chief Lending • teer
fWikness 1 Signature
V4451
Witness 2/Notary Public SIgnature
STATE OF SOUTH CAROLINA §
§ ACKNOWLEDGMENT
COUNTY OF EDGEFIELD §
The foregoing instrument was acknowledged before me by Mel Valenzuela, Chief
Lending Officer of SRP Federal Credit Union (the "Lender"), by duly authorized action on behalf of the
Lender.
Sworn to before me this /
day of 4Y1Gc ,2018. BEN N y,
(Seal) -Q ' 0 ''
'•NOTE
/RP�,
VI, ri }z;',, (Print Name) • --
Notary Public for South Carolina - 1.1` � •.'�
'My Commission Expires: / W, 1).e(r l � 3 N
[SEAL]
el 0
'SI'+GTh CARO'-
4
TPGL 8435001
EXHIBIT A
LEGAL DESCRIPTION
All that certain piece, parcel or lot of land, with improvements thereon, if any, situate, lying and being in
the County of Aiken, State of South Carolina and being more fully shown and delineated as Parcel A
containing 3.7494 acres, more or less, on a Boundary Survey prepared by Hass & Hilderbrand, Inc. for
Walnut Lane Investments, LLC, dated February 28, 2017 and recorded June 20, 2017 in the Office of the
Register of Mesne Conveyances for Aiken County in Plat Book 60 at Page 15, having such metes and
bounds as will be shown by reference to said plat. The metes and bounds as shown on said plat are
incorporated herein by reference.
DERIVATION: Being the same property conveyed to Grantor by deed of Neeraj K. Sharma, as Trustee of
the Neeraj K. Sharma Gifting Trust Dated December 10, 2012, such deed dated June 19, 2017 and
recorded June 20, 2017 in Book 4667 at Page 1763 in this Office of the Register of Mesne Conveyances
for Aiken County, South Carolina.
TMS#: 010-14-04-014
GRANTEE ADDRESS: Post Office Box 6400
North Augusta, South Carolina 29861
5
TPGL 8435001
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