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ORD 2019-11 Adopted (Granting Easement at Bergen Place West) © O ORDINANCE NO. 2019-11 AN ORDINANCE GRANTING EASEMENTS TO DOMINION ENERGY FOR EXTENSION CONVERSION AT BERGEN PLACE WEST SUBDIVISION WHEREAS, Dominion Energy has indicted to the city its intent to underground utilities at Bergen Place West,Phase IV; 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,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 Dominion Energy an easement over and across City property known as Tax Parcel Number 005-09-10-002. 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 jqA DAY OF AV4 USS,2019. First Reading: A"US+ Sj.Q0H Second Reading: us} S--Re I Robert A. Pettit, Mayor Third Reading: {Mus+ ig 2a19 AT-rE��S(T: J97L1wvJ /�{ MI ,�N Sharon Lamar, City Clerk U into Laserfiche ;•c po tory:-@shun. } rv-bpc`h Easemcrt}s Easement # 899254 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 City of North Augusta,a body politic and corporate and a political subdivision of the State of South Carolina personally appeared before me this day and that the above named acknowledged the due execution of the foregoing instrument. Sworn to before me this Aoft, day of AMuust______, 2019 �!A'YLQh) J Signature of Notary Public-State of SC N1y commission expires: A ArdL--1 &OA6 Pt `'i'TF* ° ��e o'� ou=C..lin,My Commission Expires Mar RIGHT OF WAY GRANT TO DOMINION ENERGY SOUTH CAROLINA, INC. Line: BERGEN PLACE WEST PHASE IV County: Aiken RMI File Number: 23342 Grantor(s): City of North Augusta,a body politic and corporate and a political subdivision of the State of South Carolina Return to: DESC 132 Langley Dam Road Warrenville, SC 29851 RW-4-E-SC(Rev.4-2019) Easement # 899254 INDENTURE,made this 2044% day of " 2019 by and between City of North Augusta,a body politic and corporate and a political subdivision of theof the la Carolina 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 4.79 acres,more or less, and being the same lands conveyed to Grantor by deed of Beazley Development Co.,Inc.,dated or recorded October 12,2007, and filed in the Register of Deeds office for Aiken County in Record Book 4166 at Page 2279. Right-of-Way is granted for underground facilities to extend along and adjacent to the easterly and northerly perimeters of Grantor's detention area beginning at a fifty(50)foot ingress/egress easement and Grantee's existing facilities and continuing to the property known as Bergen Place West,Phase IV. TMS:005-09-10-002 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(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(15)feet on each side of any pole lines and Five (5) feet on each side of any underground wires 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 home by Grantee; provided further, however, that Granturs 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 as 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. 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. IN WITNESS WHEREOF,Grantor has caused this indenture in be duly executed the day and year first above written. WITNESS: City of North Augusta,a body politic and corporate and a political subdivision of the State of South Carolina (SEAL) I^Wit ass I Raehelle A(no49 B.Todd GI6xcrj4Mty Administrator P i JDAIt� J RW-4-ESC uRev.4.2019)