ORD 2018-11 Adopted ORDINANCE NO. 2018-11
AN ORDINANCE GRANTING EASEMENTS TO
WIDE OPEN WEST, INC. 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, Wide Open West, Inc. has requested
that the City grant to it easements upon and across City property that would allow for the
provision of data services to various proposed facilities; 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 Wide Open West, Inc. an easement over and across City
property known as Tax Parcel Numbers 007-18-05-001 and 007-18-05-003.
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
DAY OF , 2018.
First Reading: ///
Second Reading: ' i'y----s,-q Robert A. Pettit, Mayor
Third Reading: tic9---#P.vrt /V-c/6 ATTEST:
•
Donna B. Young, City lerk
Aiken County
Parcel ID 007 18 05 001 and 007 18 05 003
EASEMENT
THIS EASEMENT AGREEMENT ("Easement Agreement") is made and entered into this day
of , 2018, by and between City of North Augusta ("Grantor") and WIDE OPEN WEST,
INC., its successors and assigns ("Grantee"),
KNOW ALL MEN BY THESE PRESENTS that Grantor, for and in consideration of the mutual
covenants, conditions, restrictions herein contained and in further consideration of the nominal sun of One
and no/100 ($1.00) Dollars and other good and valuable consideration paid by Grantee to Grantor, the
receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and by these
presents does not grant, bargain, sell and release unto Grantee, it successors and assigns, a non-exclusive,
permanent, perpetual, assignable, transmissible, Ten Foot (10') wide easement strip being 5' wide on
either side of the fiber optic communications cable as installed, exclusive to and updating a fiber optic
cable under and across the property more particularly described in Exhibit "A", drawing attached hereto
and by this reference made a part hereof(the"Property"), together with the right and easement to use land
adjacent to the Easement for access, installation, repairs, ingress and egress and operation of tools and
equipment during the exercise be Grantee of the rights described herein.
TOGETHER with all rights and privileges necessary or convenient for the full enjoyment or use thereof,
it is further agreed that:
1. Grantee's fiber optic cable system shall be completely underground including any pull or
junction boxes where direction turns are made in the fiber optic cable. Grantee shall restore
the surface to condition equal to or better than installation, repair or maintenance of the fiber
optic cable system. Grantee shall not disturb any of Grantor's trees, shrubs, landscaping,
fencing, signage or sprinkler system. Should any personal property inadvertently be
disturbed, Grantor should repair to new condition or reimburse Grantor to repair any said
personal property damages.
2. Grantor shall not do or permit any of the following: (a) place or permit any building or other
structure on, under or over the Easement; and (b) raise or lower the elevation of the ground
level of Easement, either temporarily or permanently. However:
3. Upon reasonable written notice from the Grantor, the Grantee shall, at its own cost and
expense, alter or relocate the fiber optic cable system, or any part thereof, which the Grantor
determines to be in conflict with future buildings, structures, or ground alteration.
This Easement Agreement and the Easement granted hereby shall run with the title to the
Property described in Exhibit "A" and shall by binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors and assigns.
TO HAVE AND TO HOLD, all and singular, the above described Easement unto Grantee, its successors
and assigns forever.
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed as of the date first
above written.
WITNESSES: GRANTOR(s):
(L.S)
(L.S)
GRANTEE:
ACCEPTED AND AGREED TO:
(L.S)
Wide Open West, Inc
STATE OF SOUTH CAROLINA )
COUNTY OF AIKEN )
I, , Notary Public for the State of South Carolina, do
hereby certify that representing the
personally appeared before me this
day and acknowledged the due execution of the foregoing instrument,
Subscribed to and sworn before me this day of , 2018.
Notary Public for South Carolina
My commission expires:
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