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RES 2019-22 Adopted 0 0 RESOLUTION NO. 2019-22 A RESOLUTION EXECUTING AN OPTION IN THE AMOUNT OF $250.000 TO PURCHASE PROPERTY FOR THE UTILIZATION AND CONSTRUCTION OF A PUBLIC SAFETY FACILITY OR FACILITIES WHEREAS,the City has determined that it is necessary that additional Public Safety facilities be constructed in order to maintain the ability of the department to provide services at a high level; and WHEREAS,for several years,the City has considered this need and attempted to locate adequate locations that could be utilized for the construction of such facilities; and WHEREAS,the Mayor and City Council have determined that it is in the best interest of the City that property located at 311 W Martintown Road, identified as Tax Map and Parcel Numbers 007-07-01-002,007-07-07-001,007-07-07-003 be purchased by the City for purchase price of TWO HUNDRED FIFTY THOUSAND($250,000.00). NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, that the City Administrator is authorized to provide such notice as necessary to exercise the City's option on the above referred to property as attached hereto marked Exhibit A and incorporated by reference. The City Administrator is further authorized to execute all closing documents necessary to complete the transaction and purchase property in accordance with said contract. The funds for the purchase of said property shall come from the Sales Tax III Funds. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNC OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF AUGUST,2019. Mayor ATTEST: ` e A"OHu Dft ntekJ City Clerk STATE OF SOUTH CAROLINA ) OPTION TO PURCHASE REAL ESTATE COUNTY OF AIKEN ) THIS AGREEMENT made this _ t day of July, 2019, between the JOHN C. SMITH, JR FAMILY, LLP,hereinafter referred to as "Optionor"and THE CITY OF NORTH AUGUSTA, hereinafter referred to as "Optionee". I. GRANT OF OPTION Optionor, in consideration of the payment of One Hundred and 00/100 ($100.00) Dollars and other valuable consideration, the receipt of which is hereby acknowledged, does grant, bargain and sell to Optionee, the exclusive right and option of purchasing by exercising such option at any time on or before the Ss day 4. be �+`y. of September, 2019, for the purchase price of and 00/100 Dollars($To J,the real property located in County of Aiken, State of South Carolina, known as Tax Parcel Number: 007-07-07-003. Said property consists of 2.81 f acres. Said property is more specifically defined on Exhibit "A" attached hereto. The exact property is to be determined by current plat, to be prepared at the expense of Optionee. II. REPRESENTATION OF OWNERSHIP The Optionor represents that it is the owner in fee simple of the premises and has a full and absolute right to grant and sell this Option. Page I I III. EXERCISE OF OPTION The Optionee may exercise this option, at anytime on or before the 5' day of September, 2019 by giving notice as set forth herein below. Within five (5) days of the notice of the exercise of said Option, the Optionee and Optionor would be required to execute a specific Sales Agreement. The Optionee and Optionor would further be required to comply with all terms of said Sales Agreememt. IV. NOTICE Notice of exercise of Option must be give in writing to Optionor and either delivered in hand or must be transmitted by registered or certified mail,return receipt requested at the address shown below. John C. Smith, Jr. Family, LLP 450 Front Street North Augusta, SC 29841 V. OPTION FUNDS In the event that Optionee gives proper notice to Optionor within the terms described above then all sums paid by Optionee to Optionor pursuant to this Option Agreement shall be credited towards the purchase price. In the event that Optionee does not give proper notice to Optionor within time described,then and in such event Page 12 JOHN C. SMITH,JR.FAMILY,LLP OPTION B ---- -- Jfl C. TH,JR. ITS AUTHORIZED MEMBER CITY OF NORTH AUGUSTA OPTO (I/�NEE -- --- By: — -- ---- — B. DD OV CI AD TRATOR Page 4 EXHIBIT 11X' Said property to be conveyed is the identical premises described in the attached Genera4 Warranty Deed from Patricia B.Kinard,'Et At,to JohnC. Smith,Jr. Family, LLP dated March 29, 2018, recorded in she,0f€I ,e,of the RMC for Aiken Coullty, South Carolina in Record Book 4714 pages 1741-1744. ISI AIKEN COUNTY ASSESSOR AIKEN COUNTY GIS AIKEN COUNTY OIs AIKEN COUNTY AUDITOR Tax Map: ran Map: Tax tbp: rim"I Baron 007-07-01-002 PORTION 007474740 007-01.47-0 Endorsea0410=019 007-07-07-001 PORTION mae:9arz2mrtl Oat.:"raw" 007-07-87-0412 PORTION Date: W1212018 STATE OF SOUTH CAROLINA GENERAL WARRANTY DEED COUNTY OF AJ (EN KNOW ALL MEN BY THESE PRESENTS,THAT We,Patricia B.Kinard,Carol Ann B.Bostick, Mamha Muckenfuss Brandenburg and Dorothy B.Kildems; in the State aforesaid for and in Consideration of the sum of One Hundred Eighty Thousand and 00/100ths--($1$0,000.00)Dollars to us paid by John C.Smith,Jr.Family,LLP 450 Front Street North Augusta, SC 29841 is the State aforesaid have granted,bargained,sold said releaed-ad by than presents do grant,bargain; sett and teleae unto the said Jahn C.Smah,Jr.Family,LLP',its successom and assikns,the following described property to-wit: All that piece,parcel or tract of land situate, lying and being in the City of North Augusta,Aiken County, South Carolina at the Northwestern intersection of Observatory Avenue and Martintown Road containing a total of 2.81 acres and Containing together Tract A of 0.88 acres,Lot Six(6)of 0.68 acres;the lot labeled As the"unopened Atlantis Avenue"of 0.51 acres and Lot Five(5)of 0.74 acres as shown on a plat for Patricia Kinard,et at by H.Be C surveying,datedJuly10,2014 and recorded herewith in the Aiken County RMC Office in Plat Bos! � •PaSa-Q5—.. 7^ora vxsn spaaifrc dewr+prion.rcterencc should be made to the aforesaid plat Well Is made a part and parcel hereof. Derivation as to all tracts above: I) To Marsha Muckenfuss Blandenburg and Dorothy Blandenburg Kitchens by deed of distribution from the Estate of John C.Blandenburg,2014-ES-02.0997. 2) DwdsofDUrtn3laiou to Carol.Ana Bostick,penricia Blandenburg Kinard and:John C.Blandenburg from the Estate of June Bouncer Btaadenburg dated May 27,2005 in owed Book 2516,page 25K;the Estate of Claudius Elmer Blandenburg dated May 2, 1990,recorded in Deed Book 1173 at page 73; interests devised from the Estate of Theresa Meeting Blandenburg 1976-ES-91008.Real estate description filed in Mise.Book 231,page 74. Tax Parcels:007.07-07-003;007-07.07-001 and 007-07-02-002 include roadway.Combine into one. Attached hereto and nude a pad hereof is a copy of North Augusta City Ordinance 2017-13 wherein the City of NOsth Auga9ta ebadmr9 my ateressin the above roadway which was never opened. TOGETHER with all and singular,the rights,members hereditaments and appurtenances to the said premises belonging or in anywise incident or appertaining.