ORD 2019-10 Adopted (Granting Easement to Dominion Energy along W. Five Notch Road) 0 0
ORDINANCE NO. 2019-10
AN ORDINANCE GRANTING EASEMENTS TO
DOMINION ENERGY FOR UNDERGROUND CONVERSION ALONG
W. FIVE NOTCH ROAD
WHEREAS, Dominion Energy has indicated to the city its intent to
underground utilities along W. Five Notch Road; and
WHEREAS, as part of the construction, Dominion Energy has requested that
the City grant to it easements upon and across City property that would allow for the provision
of electric services; and
WHEREAS,the placement of such equipment is necessary to underground the
utilities; and
WHEREAS,this area has traditionally been an area where stones have caused
substantial power outages and the undergrounding of utilities in the area would held reduce
the power outages from fallen trees, 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:
1. The City grant to Dominion Energy an easement over and across City property
known as Tax Parcel Number 005-19-13-002 .
H. 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 S�
DAY OF 2019.
First Reading: Tiny is,Rol9
Second Reading: July 1S.A0111 Robert A. Pettit,Mayor
Third Reading: f'�A/9 ATMST:,,//m y
Sharon Lamar, City Clerk
Easement # 899233
INDENTURE, made this day of 2019 by and between The City of North Augusta, a
Municipal Corporation of the County of Aiken and State of South Carolina, hereinafter called "Grantor" (whether singular or
plural), and the DOMINION ENERGY SOUTH CAROLINA, INC., a South Carolina corporation, having its principal office in
Cayce,South Carolina,hereinafter called"Grantee".
WITNESSETH:
That, in consideration of the sum of One Dollar ($1.00)received from Grantee, Grantor, being the owner of land situate in
the County of Aiken,State of South Carolina, hereby grants and conveys to Grantee,its successors and assigns,the right to construct,
extend,replace,relocate,perpetually maintain and operate an overhead or underground electric line or lines consisting of any or all of
the following: poles, conductors, lightning protective wires, municipal,public or private communication lines, cables, conduits,pad
mounted transformers, guys, push braces and other accessory apparatus and equipment deemed by Grantee to be necessary or
desirable, upon, over, across,through and under land described as follows: a tract or lot of land containing 0.24 acre,more or less,
and being the same lands conveyed to Grantor by deed of Bishop F. Strickland, dated or recorded July 3, 1989, and filed in the
Register of Deeds office for Aiken County in Deed Book 1107 at Page 337.
Right-of-Way is granted to replace a portion of Grantee's existing overhead power line with underground facilities to extend
along and adjacent to the western side of W.Five Notch Road(5-2-45).
TMS:005-19-03-002
Together with the right from time to time to install on said line such additional lines, apparatus and equipment as Grantee
may deem necessary or desirable and the right to remove said line or any part thereof.
Together also with the right to lay, construct, maintain, operate, repair, alter, replace and remove pipe lines, together with
valves,tieovers and appurtenant facilities for the transportation of gas,oil petroleum products or any other liquids,gases or substances
which can be transported through a pipe line.
Together also with the right (but not the obligation) from time to time to trim, cut or remove trees, underbrush and other
obstructions that are within,over,under or through a strip of land("Easement Space")extending Fifteen(I5)feet on each side of any
pole lines and Five(5)feet on each side of any underground wines or pipe lines and within, over, under or through a section of land
extending Twelve (12) feet from the door side(s) of any pad mounted transformers, elbow cabinets, switchgears or other devices as
they are installed; provided, however, any damage to the property of Grantor (other than that caused by trimming, cutting or
removing) caused by Grantee in maintaining or repairing said lines, shall be borne by Grantee; provided further, however, that
Grantors agree for themselves,their successors and assigns, not to build or allow any structure to be placed on the premises in such a
manner that any part thereof will exist within the applicable above specified Easement Space, and in case such structure is built,then
Grantor, or such successors and assigns m may be in possession and control of the premises at the time, will promptly remove the
same upon demand of Grantee herein. Grantor further agrees to maintain minimum ground coverage of thirty six (36) inches and
maximum ground coverage of fifty four(54) inches over all underground primary electric lines. Grantor further agrees to maintain
minimum ground coverage of twenty four(24) inches and maximum ground coverage of forty two(42) inches over all underground
pipe(gas)lines. Together also with the right of entry upon said lands of Grantor for all of the purposes aforesaid.
The words "Grantor" and "Grantee" shall include their heirs, executors, administrators, successors and assigns, as the case
may be.
M WITNESS WHEREOF,Grantor has caused this indenture to be duly executed the day and year fust above written.
WITNESS:
The City of North Augusta,a Municipal
Corporation
By: (SEAL)
1"Witness B.Todd Glover,City Administrator
2°d Witness
RWJ E-GSC (Rev.4N19)
V
Easement # 899233
ACKNOWLEDGMENT
STATE OF SOUTH CAROLINA )
COUNTY OF AIKEN )
The foregoing instrument was acknowledged before me,the undersigned Notary, and I do hereby certify that
the within named B.Todd Glover, City Administrator of The City of North Augusta, a Municipal
Corporation,personally appeared before me this day and that the above named acknowledged the due
execution of the foregoing instrument.
Sworn to before me this day of , 2019
Signature of Notary Public- State of SC
My commission expires:
RIGHT OF WAY GRANT TO
DOMINION ENERGY SOUTH CAROLINA, INC.
Line: Five Notch Road -Raborn Pointe Conversion
County: Aiken
RM File Number: 23313
Grantor(s): The City of North Augusta, a Municipal Corporation
Return to: DESC
132 Langley Dam Road
Warrenville, SC 29851
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