121619 Council Mtg Backup Materials North
Augusta
South Carolina's Riuerfront
CITY COUNCIL MEETING
BACK-UP MATERIALS
FOR
DECEMBER 16, 2019
NOTES
Administration Department
North
Augusta
South Carolina's aiuvrponi
hiteroffice Memorandum
TO: Mayor and City Council
FROM: Rachelle Moody Interim City Administrator
DATE: December 13,2019
SUBJECT: Regular City Council Meeting of December 16, 2019
REGULAR COUNCIL MEETING
ITEM 5. ANNEXATION: Ordinance No. 2019-19 to Change the Corporate Limits of
the City of North Augusta by Annexing±1.03 Acres of Property Located at 1001
Reams Road and Owned by Donna Lee Faber; Ordinance — Third and Final
Reading
An ordinance has been prepared for Council's consideration on third and final
reading to change the corporate limits of the City of North Augusta by annexing
±1.03 acres of property located at 1001 Reams Road and owned by Donna Lee Faber.
Please see ATTACHMENT#5 for a copy of the proposed ordinance and supporting
documents.
ITEM 6. PLANNING AND DEVELOPMENT: Planning Commission
Recommendation Memorandum# 19-043 and Project Staff Report:RZT19-
005 the Charles Hammond House Bed & Breakfast Text Amendment; Motion
to Receive for Information
The Planning Commission Recommendation Memorandum# 19-043 and Project
Staff Report: RZT19-005 has been submitted to Council for information.This is a
request by the Charles Hammond House to amend Article 4, Supplemental Use
Regulations, Sections 4.7 Bed& Breakfast and Article 3,Table 3-2,Use Matrix of
the North Augusta Development Code to Permit Item 4.1 Bed&Breakfast in the
R-10,Medium Lot, Single-Family Residential Zoning District.The Planning
Commission,on a vote of 7-0,voted in favor of a recommendation to City Council
for the text amendment as amended.
Please see ATTACHMENT#6 for Memorandum# 19-043 and Project Staff
Report RZT19-005.
ITEM 7. PLANNING AND DEVELOPMENT: Ordinance No.2019-20—Amending
Article 3,Zoning Districts,Table 3-2,Use Matrix,and Article 4,Section 4.7,of
December 13, 2019
the North Augusta Development Code,Chapter 18 of the City of North
Augusta,South Carolina Code of Ordinances
A.First Reading
An ordinance has been prepared for Council's consideration to amend Article 3,
Zoning Districts,Table 3-2,Use Matrix and Article 4, Section 4.7, of the North
Augusta Development Code,Chapter 18 of the City of North Augusta, South
Carolina Code of Ordinances.
Please see ATTACHMENT#7 for a copy of the proposed ordinance and the text
amendment.
B. Second Reading
Pending Council's passage on the first reading, it is submitted for Council's
consideration on second reading.
ITEM 8. ADMINISTRATION: Resolution No.2019-43—A Resolution Approving
Capstone Services,LLC to Continue to Provide Project Management Services
to the City of North Augusta in Support of Capital Projects as Authorized by
the City
A resolution has been prepared for Council's consideration approving Capstone
Services, LLC to continue to provide project management services to the City of
North Augusta in support of capital projects as authorized by the City.
Please see ATTACHMENT#8 for a copy of the proposed resolution.
ITEM 9. CITY PROPERTY: Ordinance No.2019-21—To Approve the Execution of
a Quit Claim Deed,Conveying Property to the Bergen Place West Community
Association,Inc.for the Purpose of Transferring a Portion of Parcel 005-09-
13-037,which Belongs to the City
A.First Reading
An ordinance has been prepared for Council's consideration to approve the
execution of a Quit Claim Deed,conveying property to the Bergen Place West
Community Association, Inc. for the purpose of transferring a portion of parcel
005-09-13-037,which belongs to the City.
Please see ATTACHMENT#9 for a copy of the proposed ordinance and
supporting documents.
B.Second Reading
Pending Council's passage on the first reading, it is submitted for Council's
consideration on second reading.
ITEM 10. ANNEXATION AGREEMENT: Resolution No.2019-44—Authorizing the
City to Enter into an Annexation Agreement with Carolyn C.Baggott,Mary
C.Havron,and Jean C. Beall. Related to the Annexation of Approximately
350.73 Acres Located in Edgelield County,South Carolina
December 13,2019
A resolution has been prepared for Council's consideration to authorize the City to
enter into an Annexation Agreement with Carolyn C.Baggott,Mary C.Havron,
and Jean C. Beall.
Please see ATTACHMENT#10 for a copy of the proposed resolution and
agreement.
ITEM 11. ANNEXATION: Property Located Along Gregory Lake Road in Edgefield
County,South Carolina
A.Petition,Resolution No.2019-45 to Accept a Petition for Annexation of
±350.73 Acres of Property Located along Gregory Lake Road in Edgefield
County,South Carolina and Owned by Carolyn C.Baggott,Mary C.Havron,
and Jean C.Beall
A resolution has been prepared for Council's consideration to accept a petition for
annexation of±350.73 acres of property located along Gregory Lake Road in
Edgefield County, South Carolina and owned by Carolyn C.Baggott, Mary C.
Havron, and Jean C. Beall.
Please see ATTACHMENT#11A for a copy of the proposed resolution and
supporting documents.
B.Ordinance No.2019-22 to Change the Corporate Limits of the City of
North Augusta by Annexing±350.73 Acres of Property Located along
Gregory Lake Road in Edgefield County,South Carolina and Owned by
Carolyn C.Baggott,Mary C.Havron,and Jean C.Beall
a.First Reading
An ordinance has been prepared for Council's consideration to change the
corporate limits of the City of North Augusta by annexing±350.73 acres of
property located along Gregory Lake Road in Edgefield County, South Carolina
and Owned by Carolyn C. Baggott,Mary C. Havron,and Jean C. Beall.
Please see ATTACHMENT#1111 for a copy of the proposed ordinance and
supporting documents.
b.Second Reading
Pending Council's passage on the first reading, it is submitted for Council's
consideration on second reading.
ITEM 12. ANNEXATION: Property Located at 557 Plantation Drive
A.Petition,Resolution No.2019-46 to Accept a Petition for Annexation of
±2.62 Acres of Property Located at 557 Plantation Drive and Owned by
Michael T.Monaco and Karen M.Monaco
A resolution has been prepared for Council's consideration to accept a petition for
annexation of±2.62 acres of property located at 557 Plantation Drive and owned
by Michael T. Monaco and Karen M.Monaco.
December 13, 2019
Please see ATTACHMENT#12A for a copy of the proposed resolution and
supporting documents.
B.Ordinance No.2019-23 to Change the Corporate Limits of the City of
North Augusta by Annexing±2.62 Acres of Property Located at 557
Plantation Drive and Owned by Michael T.Monaco and Karen M.Monaco
a.First Reading
An ordinance has been prepared for Council's consideration to change the
corporate limits of the City of North Augusta by annexing±2.62 acres of property
located at 557 Plantation Drive and Owned by Michael T.Monaco and Karen M.
Monaco.
Please see ATTACHMENT#12B for a copy of the proposed ordinance and
supporting documents.
b.Second Reading
Pending Council's passage on the first reading, it is submitted for Council's
consideration on second reading.
ITEM 13. PARKS,RECREATION.AND TOURISM: Resolution No.2019-47—
Authorizing Additional Funding for Replacement of a Totaled Vehicle for
Parks,Recreation,and Tourism
A resolution has been prepared for Council's consideration to authorize additional
funding for replacement of a totaled vehicle for Parks,Recreation,and Tourism.
Please see ATTACHMENT#13 for a copy of the proposed resolution and
supporting document.
ITEM 14. PLANNING AND DEVELOPMENT: Resolution No.2019-48—Accepting a
Deed of Dedication for the Streets,Water Distribution System,Sanitary
Sewer,Stormwater Collection,and Fire Suppression Systems,Detention
Ponds and Associated Easements and Rights of Way,Along with a
Maintenance Guarantee and Letter of Credit for Bergen Place West,Phase IV
A resolution has been prepared for Council's consideration to accept a Deed of
Dedication for the streets,water distribution system,sanitary sewer, Stormwater
collection,and fire suppression systems,and detention ponds and associated
easements and rights of way,along with a Maintenance Guarantee and Letter of
Credit for Bergen Place West,Phase IV
Please see ATTACHMENT# 14 for a copy of the proposed resolution and
supporting documents.
ATTACHMENT #5
ORDINANCE NO. 2019-19
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA BY ANNEXING
f 1.03 ACRES OF PROPERTY LOCATED
AT 1001 REAMS ROAD
AND OWNED BY DONNA LEE FABER
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing
body to accept the petition and annex the area, and the enactment of an ordinance declaring the
area annexed to the municipality,the annexation is complete"; and
WHEREAS, the Mayor and City Council of the City of North Augusta, by
adoption of Resolution No. 2019-40 dated December 2, 2019, accepted a Petition for
Annexation and wish to annex the below described properties; and
WHEREAS,the zoning classification recommended for the properties proposed
for annexation has been reviewed for consistency with the Future Land Use Classification of
the properties as specified in the Land Use Element of the North Augusta 2017 Comprehensive
Plan;
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 following described property shall be annexed into the City of
North
Augusta:
This being a portion of that certain piece,parcel or lot of land,containing
1.15 acres, with improvements thereon, situate, lying and being located
new the City of North Augusta, County of Aiken, State of South
Carolina,as shown by plat made by K.L.Wise,Surveyor,dated May 22,
1972 and recorded in Misc. Book 183, Page 243, records of the RMC
Office for Aiken County, South Carolina. Said lot is also shown on
survey plat made for Clemont W.and Lucille S.Bussey by Tony L. Carr,
Sr. & Associates, RLS, dated January 10, 1989, which said plat is made
a part and parcel hereof by reference thereto and recorded in Misc. Book
533,page 52,records of the RMC Office for Aiken County.
This being the identical property conveyed to Joseph S. Faber, Jr. and
Donna L.Faber by Deed recorded in Deed Book 2518 at Page 317 in the
Office of the RMC for Aiken County, South Carolina and to Donna L.
Faber by Deed of Distribution in Record Book 4450, pages 2128-2129.
Tax Map and Parcel Number: 002-08-03-008
The property to be annexed is also shown on a map identified as"Exhibit
A" titled "Map of Property Sought to be Annexed to the City of North
Augusta" dated October 21, 2019, and prepared by the City of North
Augusta.
II. The zoning classification recommended for the properties to be annexed is
consistent with the Future Land Use Classification of the properties as specified
in the North Augusta 2017 Comprehensive Plan; therefore, the properties shall
be zoned R-14, Large Lot Single Family Residential, as shown on a map
identified as"Exhibit B"titled"Zoning of Property Sought to be Annexed to the
City of North Augusta" dated October 21, 2019, and prepared by the City of
North Augusta.
III. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
IV. 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 , 2019.
First Reading:
Second Reading: Robert A. Pettit, Mayor
Third Reading: ATTEST:
Sharon Lamar, City Clerk
EXHIBITA
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Date: October 21, 2019
ATTACHMENT #6
Department of Planning
and Development f
Memorandum # 19-043 r
City of North Augusta
To: Rachelle Moody, Interim City Administrator
From: Libby Hodges, AICP, Director of Planning and Development®
Subject: Application RZT19-005—A request by the Charles Hammond House to amend
Article 4,Supplemental Use Regulations,Section 4.7 Bed and Breakfast and
Article 3,Table 3-2, Use Matrix of the North Augusta Development Code to
Permit Item 4.1 Bed & Breakfast in the R-10, Medium Lot,Single-Family
Residential Zoning District.
Date: December 6, 2019
Planning Commission Recommendation
On November 21, 2019, after a duly advertised and convened public hearing,the Planning
Commission considered a motion to amend Article 4,Supplemental Use Regulations,Section
4.7 Bed and Breakfast and Article 3,Table 3-2, Use Matrix of the North Augusta Development
Code to Permit Item 4.1 Bed & Breakfast in the R-10, Medium Lot, Single-Famity Residential
Zoning District.
The proposed amendment would modify the allowed uses in R-10, Medium Lot,Single Family
Residential Districts with conditions as outlined in Section 4,Supplement Regulations,of the
current North Augusta Development Code.The Planning Commission, on a vote of 7-0,voted
In favor of a recommendation to City Council for the text amendment as amended.
Attached is the existing text of the Development Code, proposed text changes recommended
by the Planning Commission and the staff report associated with the request along with a draft
ordinance approving the text amendment as approved in the meeting.A digital copy has been
forwarded to the City Clerk and the City Attorney for review. We request that the ordinance
for the text amendment be scheduled for consideration by City Council at the next available
meeting.
CC. Sharon Lamar, City Clerk
Attachments
PROPOSED TEILT AMENDMENT
Final Recommendation for Text Changes for RZT19-005
Planning Commission Meeting November 21, 2019
The proposed text changes are as follows.Text that has been added or edited has been
Underlined.An unedited version is included with the memorandum for review.
To modify Table 3-2, Use Matrix, page 3-12 as follows:
Key:"Y'means permitted as of right,as a primary or an accessory use,"S"means permitted only as a Special Exception,"C"
means permitted as a Conditional Use."A"means permitted only as an accessory use,"-"means prohibited. "A/C"means
that the accessory use requires a Conditional Use Permit. Refer to Appendix A or the sources referred to under"Land Use
Coding"for secitic definitions of uses.
Land Use Coding Zoning Districts
A B C D E F G H I J K L M N O
0
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4.0 Accommodations and Group LiNing
4.1 Bed and breakfast Isublect to 44.71 1310 1 17211911 — 11@ $ ;
Page I of 3
PROPOSED TEM AMENDMENT
Final Recommendation for Text Changes for RZT39-005
Planning Commission Meeting November 21, 2019
And to amend Section 4.7, Bed and Breakfast,to contain the following:
4.7 BED AND BREAKFAST
Bed and Breakfast Inns located in any zoning district where permitted by the Use Matrix, Table 3-
2, may include the following related activities where indicated by a"P" in Table 4-2 below. Bed and
Breakfast Inns located in any zoning district where allowed as a Special Exception by the Use
Matrix, Table 3-2, may be subject to additional conditions where indicated by a "C' in Table 4-2
below:
TABLE 4-2 BED AND BREAKFAST RELATED ACTIVITIES
A B C D E
Accessory Use D,GC TC Districts NC Districts Home occupation Residential Districts
7. Restaurant P P C
2. Bar P C C
3-Stage entertainment P C
4. Dance floor P C
5. Health club P C
6. Gift shop P P C
7. Related activities P C C
The Board of Zoning Appeals may approve conditional activities and additional"related activities,"
as shown above, upon a determination that the activities will not create traffic hazards or
congestion, create parking problems, create a public nuisance, or adversely affect surrounding
properties.
In a residential zoning district a Bed and Breakfast with up to six bedrooms for registered
overnight guests shall be subject to the following:
1) Shall only be allowed as a Special Exception.
2) The minimum site size shall be 1 acre.
3) The minimum house size shall be 3000 gross square feet.
4) The use shall not create noise light, traffic, or other conditions detrimental to
neighboring residents.
5) The owner shall comply with all tax, business license, and revenue collection
ordinances of the City and State.
6) Must have an approved site plan that shows, at a minimum:
a) Any provided off-street and overflow parking. Parking must comply with Article
10 and 12 and associated Development Code standards.
b) Locations of outdoor facilities including tents, stages or other structures and
facilities that may be used for any temporary or permanent events.
c) Buffering between this Property and any other residential use to the standards
of a Type B Buffer in Article 10.
d) Any other items as determined by the Director of Planning and Development
or Engineering.
7) The structure used for the Bed and Breakfast must be existing and may be modified
only as necessary to meet building codes or assure the safety of any structure on
site for the Purpose of accommodating allowed uses.
Page 2 of 3
PROPOSED TEXT AMENDMENT
Final Recommendation for Text Changes for RZT19-005
Planning Commission Meeting November 21, 2019
8) The structure shall be and remain single-family residential in character.
9) Retail sales are limited to postcards shirts and other small gift items directly
associated with the Bed and Breakfast only. Items for sale should not be visible from
the right-of-way.
10) Signage may not exceed the requirements of Article 13 unless a variance or waiver
is issued as allowed in the code.
11) Accessory buildings may be used for"related activities"as approved on the site plan
or determined by the Director.
Page 3 of 3
Current North Augusta
ARTICLE 3 —ZONING DISTRICTS Development Code- Table 3-2
RZT19-005
Key: "P" means permitted as of right, as a primary or an accessory use, "S" means permitted only as a Special
Exception, "C" means permitted as a Conditional Use, "A" means permitted only as an accessory use, '_" means
prohibited. "AIC" means that the accessory use requires a Conditional Use Permit. Refer to Appendix A or the
sources referred to under"Land Use Coding"" secific definitions of uses.
Land Use Zoning Districts
Coding
A B C D E F G H I I J K L M N O
w
so
Is ma
C M Is
'm u
m T
W u E i m
LL = w m E n E
u u. w E
Use m = m o u v m
c
m °t o E m x E o E
N o °
c w m O a o ma i x
O u La mtis m is m °
0 0Z K w w K O U Z 00 Itt 2
3.2 Duplex 1100 1121 — — — P P p — C C C —
3.3 Manufactured Home(see§3.6.5) A/C -- — — — — — — — — —
3.4 Multifamily Dwelling 1100 1200 — — — — P P P C P P —
3.5 Patio Hames 1100 1100 — — — P P — — — — — —
3.6 Quadruples 1100 1204 — — — — P P P P —
3.7 Room renting,more than four tenants 1320 7213 — — — — C C — — P P
3.8 Room renting,no more than four tenants 1320 7213 — P P — — P P
3.9 Single room occupancy units 1100 1340 — P P — — — —
3.10 Single-family detached dwelling 1100 1110 NC P P P P P P P P P A
3.11 Townhouse 1100 1140 — — — P P P P P P P —
3.12 Triplex 1100 1203 — — — P P P P P P —
3.13 Zero Lot Une Units(See§3.5.14) — — — P P P P P P P
4.0 Accommodations and Group Living
4.1 Bed and breakfast(subject to§43) 1310 721191 — -
4.2 Boarding house 1320 721310 — — — — C P — C C C
4.3 Dormtones 1000 1320 72131 — — — — C C C C
Group Homes,Non-Exempt(subject to§4.13) 6520 623220
4.4 (Note:Exempt Group Hames are exempt from — — — C P P — P — — —
toning subject to S.C.Code§6-29-A01 6561 823980
4.5 Hotels or motels 1330 — — — — P P — P P —
Housing services for the elderly,including
assisted-living services,retirement housing
4.6 services,congregate living services,lifecare or 1240 623110 - - - - P P C C P P -
continuing rare services,skilled-nursing services,
rest homes,or homes for the aged
4.] Tourist homes P P P P P I P P P 1 P P I P
North Augusta Development Code 3-13
Current North Augusta
ARTICLE 4— SUPPLEMENTAL USE REGULATIONS Development Code-Article 4
RZT19-005
4. Excretory functions as part of or in connection with any of the activities set forth
in (1.)through (3.) above.
4.5.3 Permitted Locations
Adult businesses may be established in the IND, Industrial District. Adult businesses
shall not be established in any other zoning district. In addition, an adult business shall
not be located:
a. On any lot or parcel within fifteen hundred (1,500) feet of any zoning district within
which residential uses are permitted by right or of any lot or parcel on which a
residential use exists;
b. On any lot or parcel within fifteen hundred (1,500)feet of any lot or parcel on which a
church, or other house of worship, or any religious use is located;
c. On any lot or parcel within fifteen hundred (1,500)feet of any lot or parcel on which a
private or public school or educational use is located;
d. On any lot or parcel within fifteen hundred (1,500)feet of any lot or parcel on which a
public playground, public swimming pool, public recreation area, public park or
similar use is located; or
e. On any lot or parcel within fifteen hundred (1,500) feet of any lot or parcel on which
an adult business is located.
4.6 AUTOMOBILE SERVICE AND REPAIR
All service and repair operations shall be conducted not less than fifty (50) feet from any
residential property line. There shall be no opening toward adjoining residential districts.
No junk or salvaged vehicles shall be kept on the premises.
4.7 BED AND BREAKFAST
Bed and Breakfast Inns located in any zoning district where permitted by the Use Matrix,
Table 3-2, may include the following related activities where indicated by a "P" in Table
4-2 below:
TABLE 4-2 BED AND BREAKFAST RELATED ACTIVITIES
A B C D
Accessory Use D, GC, TC Zones NC Zones Home Occupation
1. Restaurant P P
2. Bar P C
3. Sta a entertainment P
4. Dance floor P
6. Health club P C
6. Gift shop P P
7. Related activities P C
The Director may approve conditional activities and additional 'related activities," as
shown above, upon a determination that the activities will not create traffic hazards or
congestion, create parking problems, create a public nuisance, or adversely affect
surrounding properties.
North Augusta Development Code 4-8
"'
Department of Planning North
AuguSta
and Development South Cardina's Riuerfront
Proiect Staff Report
RZT19-005 The Charles Hammond House Bed &Breakfast Text Amendment
Prepared by: Kuleigh Baker
Meeting Date: November 21, 2019
SECTION 1: PROJECT SUMMARY
Project Name The Charles Hammond House Bed & Breakfast Text Amendment
Applicant The Charles Hammond House
Proposed Text A request by the Charles Hammond House to amend Article 4,
Amendment Supplemental Use Regulations,Section 4.7 Bed and Breakfast and Article
3, Table 3-2, Use Matrix of the North Augusta Development Code to
Permit Item 4.1 Bed & Breakfast in the R-10, Medium Lot, Single-Family
Residential Zoning District.
SECTION 2: GENERAL DESCRIPTION
On October 21, 2019,the Planning and Development Department received an application from
The Charles Hammond House requesting text amendments of the North Augusta Development
Code related to Article 4,Supplemental Use Regulations,Section 4.7 Bed and Breakfast and
Article 3,Table 3-2, Use Matrix of the North Augusta Development Code to Permit Item 4.1 Bed
& Breakfast in the R-10, Medium Lot,Single-Family Residential Zoning District.
SECTION 3: PLANNING COMMISSION CONSIDERATION
The Planning Commission is being asked to review the request for a text amendment based on
the following provisions of the North Augusta Development Code:
5.1.4.6 Legislative and Advisory Hearings — The purpose of a legislative public hearing is to
provide the public an opportunity to be heard consistent with the adoption procedures provided
by statute. Unlike quasi-judicial hearings, a legislative proceeding does not require due process
protections such as the right of the parties to offer evidence, cross-examination, sworn
testimony; or written findings of fact. Like quasi-judicial hearings, legislative hearings are public
hearings preceded by notice to interested parties. Public hearings are required for legislative
I
Proiect Staff Report
RZf194)05 The Charles Hammond House Bed&Breakfast
TextAmendment
Prepared by:Weigh Baker
Meeting Date:November 21,2019
review hearings such as amendments to a comprehensive plan, amendments to this Chapter
including the zoning provisions of this Chapter and the Official Zoning Map, and applications for
a Planned Development. The order of the proceedings for a legislative hearing shall be as set
forth in §5.1.4.5.b. Testimony may be presented by any member of the public, but need not be
submitted under oath or affirmation.The Planning Commission and Board of Zoning Appeals may
establish a time limit for testimony.
5.3.2 Applicability
This section applies to any application for an amendment to the text of this Chapter or for an
amendment to the Official Zoning Map. An amendment to the Official Zoning Map which
reclassifies property from one zoning district to another is known as a "rezoning." A change to
the text of this Chapter is referred to as a "text amendment'.
5.3.3 Initiation
This Chapter, including the Official Zoning Map and any supporting map(s), may be amended
from time to time by the City Council, but no amendment shall become effective unless it shall
have been proposed by or shall have first been submitted to the Planning Commission for review
and recommendation.Any communication purporting to be, an application for a change shall be
regarded as mere notice to seek relief until it is made in the form required. Upon receipt of any
communication, the interested parties shall be supplied with the proper application form(s) by
the Director.
(5.3.3.1 Rezoning,does not apply, removed for brevity)
5.3.3.2 Text Amendment—Any person, property owner, board,commission, department
or the City Council may apply for a change in zoning ordinance text. A proceeding for
approval of a text amendment may be initiated by filing an application with the
Department. The application shall be signed by the applicant and shall include the
language of the proposed amendment to the text of this Chapter and the justification for
the proposed change. Before any application is accepted by the Department, it is
recommended that the applicant meet with a representative of the Department. The
purpose of the pre-application meeting is to discuss the procedures and requirements for
a text amendment request. During the conference, the Department will identify the
submittal requirements.
5.3.5 Decision
5.3.5.1 The Director shall transmit the application to the Planning Commission for
consideration at the next regularly scheduled monthly meeting following receipt of a
Page 2 of 7
Project Staff Rem
RZr19-005 The Charles Hammond House Bed&Breakfast
Text Amendment
Prepared by:Kuleigh Baker
Meeting Date:November 21,2019
complete application, provided that the complete application is submitted at least thirty
(30)calendar days prior to said meeting. Notice of the public hearing shall be provided as
set forth in §5.1.3. The Planning Commission shall approve or deny the zoning
amendment in accordance with the procedures for a legislative hearing as set forth in
§5.1.4.6.
5.3.5.2 At least ten (10) days' notice and opportunity to comment must be given to the
public if the applicant is allowed to present oral or written comments pursuant to S.C.
Code §6-29-760.
5.3.5.3 The Planning Commission shall submit its recommendation to the City Council
within thirty(30)calendar days, or other period required by law, after the initial hearing
date(see S.C.Code§6-29-760(A).A majority vote is required forthe Planning Commission
to approve,approve with conditions,if applicable,or deny rezoning or text amendment
application. A recommendation of approval with conditions of a rezoning may be
submitted only if a conditional use permit is requested pursuant to §5.5.
5.3.5.4 The City Council shall consider the recommendation of the Planning Commission
on each proposed rezoning and text amendment within thirty(30)days of receipt of the
Planning Commission report. The City Council is not bound by the recommendation in
making a final decision and may call for additional information and/or public hearing(s).
5.3.5.5 No challenge to the adequacy of notice or challenge to the validity of a rezoning
or text amendment, whether enacted before or after the effective date of this section,
may be made sixty (60) days after the decision of the City Council if there has been
substantial compliance with the notice requirements of this section, with established
procedures of the City Council and the Planning Commission and with S.C. Code §6-29.
5.3.6 Approval Criteria
Whenever the public necessity, safety or general welfare justifies such action, the Planning
Commission may recommend amendments to the text of this Chapter or changes to zoning
district boundaries. The Planning Commission shall consider all of the factors specified in this
section,ata minimum,in reviewing an application for a rezoning.The Planning Commission shall
consider the factors specified in§5.3.3.2 in reviewing an application for a text amendment.
The Planning Commission is being asked to review the proposed text changes and provide a
recommendation of approval or denial, which will be forwarded to the City Council. Section
5.3.3.2 does not require additional standards for analysis to address in this staff report.
Page 3 of 7
Project Staff Report
RZr19-005 The Charles Hammond House Bed&Breakfast
Text Amendment
Prepared by:Kuleigh Baker
Meeting Date:November 21,2019
The applicant has provided a letter outlining the justification for the requested changes. In this
letter,the applicant states the purpose of the request is for use of a historic property as a bed &
breakfast.
SECTION 4: PUBLIC NOTICE
A public notice of the text amendment request and rescheduled date of the Planning Commission
public hearing was published in the North Augusta Star and on the City's website
www.northaugusta.net on November 6,2019.
SECTION 5: HISTORY
The Charles Hammond House was built circa 1775-1780 and is one of the oldest residences in
North Augusta still existing.The North Augusta Development Code was adopted by City Council
on December 17,2007,effective January 1,2008. At that time,the adopted zoning for the house
was designated as R-10, Medium Lot, Single-Family Residential.
The applicant has submitted a request to revise the text of North Augusta Development Code to
permit bed & breakfasts as a permitted use in the R-10, Medium Lot, Single-Family Residential
Zoning District.The residence is in the process of extensive renovation.The applicant wishes to
restore the home for use as a bed and breakfast and special event venue.
Page 4 of 7
Project Staff Report
RZ1-19-005 The Charles Hammond House Bed&Breakfast
Text Amendment
Prepared by:Weigh Baker
Meeting Date:November 21,2019
SECTION 6: SUMMARY OF CHANGES AND PROPOSED AMENDMENTS
The requested revisions to the Development Code have been modified to show changes as
follows:
Underlined Text:text that has been modified or added to the Code.
S•-"- eld:text proposed to be removed.
The following revisions are as requested by the Applicant:
TABLE 3-2 USE MATRIX
(Rev.12-1-08;Ord.2008-18)(Rev.B-17-09;Ord.2009-07)Rev.3-15-10;Ord.2010-05)(Rev.8-
16-10;Ord.2010-12)(Rev 11-2-15;Ord.2015-17)(Rev.6-20-16;Ord.2016-13)
Key:"P"means permitted as of right,as a primary or an accessory use,"S"means permitted only as a Special Exception,"C"
means permitted as a Conditional Use,"A"means permitted only as an accessory use, "-" means prohibited. "AIC"means
that the accessory use requires a Conditional Use Permit. Refer to Appendix A or the sources referred to under"Land Use
Coding"for secific definitions of uses.
Land Use Zoning Districts
Coding
A B C D E F G H I J K L M N O
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4.0 Accommodations and Group Living
4. 1Betl an breakfast(subject to§4]) 1 1310 1 721191 — P1 — —
4.2 Boarding house 1 1320 1 17213101 — I — I — C P C C C —
4.3 Dormitories 1000 1320 72131 — — C C — C C —
Group Homes,Non-Exempt(subleot to§4.13),N a1e:
4.4 Exempt Group Homes are exempt from zonings Z, 6520 6 220 — C p P — P — — —
S.C.Code§6-2&7701 6561
4.5 Hotelsormotets 1330 — P P — p P
Page 5 of 7
Project Staff Report
RZT19-005 The Charles Hammond House Bed&Breakfast
Text Amendment
Prepared by:Weigh Baker
Meeting Date:November 21,2019
Housing services for the elderly,including asslsted-
living services,retirementhousing services, 1200-
4.6 congregate living services,lifecam or continuing care 1240 623110 c c P P
ices,skilled-nursing services,rest homes,or
omes for the Ned
4.7 Tourist homes P P P P P P P P P P P
4.7 BED AND BREAKFAST
Bed and Breakfast Inns located in any zoning district where permitted by the Use Matrix, Table
3-2, may include the following related activities where indicated by a "P" in Table 4-2 below:
TABLE 4-2 BED AND BREAKFAST RELATED ACTIVITIES
A B C D
Accessory Use D,GC,TC Zones NC Zones Home Occupation
1. Restaurant P P
2. Bar P C
3. Stage entertainment P
4. Dance floor P
S. Health club P C
6. Gift shop P P
7. 1 Related activities I P I C
The Director may approve conditional activities and additional "related activities," as shown
above, upon a determination that the activities will not create traffic hazards or congestion,create
parking problems, create a public nuisance, or adversely affect surrounding properties.
Page 6 of 7
Project Staff Report
RZr19-005 The Charles Hammond House Bed&Breakfast
TextAmendment
Prepared by:Kuleigh Baker
Meeting Date:November 21,2019
Supplemental Staff Analysis
Staff recommends review of the following items for Bed and Breakfasts in residential districts.
Staff recommendation for the text change has been provided in Attachment 3.
1) Inclusion of R-14 and/or any other residential zones to allow Bed and Breakfasts.
2) Potential additional restrictions for§4.7.
a. Size Limitations.
I. Size of Home
ii. Number of Bedrooms
iii. Size of Lot
b. Historic Significance
I. Some difficulty in establishing standards due to no local historic status
ii. May not be a significant factor is establishing if a site is appropriate for use
as a Bed and Breakfast.
c. Site Plan Approval requirement for all B&B's.
i. Location of all parking, structures and pre-approval of large outdoor
structures or tent locations for events
d. Limit number of events per year.
e. Noise Restrictions-must be per municipal code.
f. Buffer requirements for adjacent residential property.
g. Accommodation tax does not apply to facilities with less than six (6) sleeping
rooms or is the individual's residence.
h. Building Code requirements. Facilities with over 6 sleeping rooms are subject to
additional scrutiny.
L Requirement for events to be for the benefit of overnight guests(you have to stay
there to have an event there).
SECTION 7: ATTACHMENTS
1. Public Notice
2. Application Documents
3. Staff Recommendation for text change
cc The Charles Hammond House c/o James ONeal,jsoneal@msn.com
Page 7 of 7
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Augusta\ Application RZT19-005 lea so o UOF.
South Carolluals liwerfrout Parcel Number 006-09-03-002
Date: 11/12/2019
City of
North Augusta, South Carolina
Planning Commission
PUBLIC HEARING NOTICE
The North Augusta Planning Commission will hold a public hearing at its
regular monthly meeting beginning at 7:00 PM on November 21, 2019, in the
Council Chambers, North Augusta Municipal Center, 100 Georgia Avenue,
North Augusta, South Carolina, to receive public input on the following
applications:
RWN79-004—A request by Charles Blackston to name new roads in the
Retreat at Walnut Village subdivision. The proposed road names are Whistle
Stop Drive, Outpost Drive, and Passage Drive.
RWN19w005—A request by HF Developers, LLC to name new roads in
Hammond's Ferry, Section A4. The proposed road names are Kennesaw
Alley, Brick Pond Alley, Lafayette Street, Preservation Loop, Heirloom Alley,
Tin Pan Alley, Blue Clay Drive, and Taft Alley.
RZT19-005 -A request by the Charles Hammond House to amend Article 4,
Supplemental Use Regulations, Section 4.7 Bed and Breakfast and Article 3,
Table 3-2, Use Matrix of the North Augusta Development Code to Permit
Item 4.1 Bed & Breakfast in the R-10, Medium Lot, Single-Family Residential
Zoning District.
Documents related to the applications will be available for public inspection
after November 14, 2019 in the Department of Planning and Development on
the second floor of the North Augusta Municipal Center, 100 Georgia
Avenue, North Augusta, South Carolina, 803-441-4221. Citizens and
property owners interested in expressing a view on the request are
encouraged to attend.
CITIZEN ASSISTANCE:
Individuals needing special assistance or a sign interpreter to participate in
the meeting are asked to please notify the Department of Planning and
Development at 803-441-4221 at least 48 hours prior to the meeting.
Application for Development Approval North
AugustaL,/
Please type or print all information South CarolirWS RitXlfroril
- 1tx� Staff Use II
Application Numbers . Zr 'l�U'J Date Received
Review Fee trou Date Paid
1. Project Name
Project Address/Location W l 1 IwJ i JLJIJ 1
Total Project Acreage ``1 .. !/� a 0n..Jr' L Currant Zoning R-/yo
Tax Parcel Number(s) 0Vb-1-7 --03,j �Q r j— �—cls.! I
2. Applicant/Owner Name , 1t�MES OAJEAL— Applic(a(�nnt Phone _1677& 705AE)
Malling/Address .23L P��A C )Q0AAQ1N 2�J
city AQk)`7P'V ST(3ft Zip 3C�'i( Email IJE 'Qn1Si�.C�M
3. Is there a Designated Agent for this project? Yes ✓ No
If Yes, attach a notarized Designation of Agent form. (required if Applicant is not property owner)
4. EngineerlArchitecUSumeyor License No.
Firm Name Firm Phone
Firm Mailing Address
city ST _ Zip Email
Signature Date
6. Is there any recorded restricted covenant or other private agreement that is contrary to, conflicts with or
prohibits the use or activity on the property that is the subject of the application? /
(Check one.) yes ✓ no
6. In accordance with Section 5.1.2.3 of the North Augusta Development Code, I hereby request the City
of North Augusta review the attached project plans. The documents required by the City of North
Augusta, as outlined in Appendix B of the North Augusta Development Code, are attached for the City's
review for completeness. The applicant acknowledges that all required documents must be correct and
complete to in" a tpa compliance review process.
10 027 oZ0(
Appl an or Design, t Signature Date
3Amc-5 Q f� -A)i
Print Applicam or Agent Name
tnot3
Text Amendment Request on behalf of the Charles Hammond House
The goal of this request is to amend the text of the North Augusta Development Code to
"promote the opportunity for progressive mixed-use commercial, retail,and residential
development" as stated in the North Augusta 2017 Comprehensive Plan by bringing properties
of North Augusta's past into the present,paving the way for a bright future.
One such property that would be a prime example is the Charles Hammond House which is
currently under renovation.The house was built circa 1775 and stands as one of the oldest
residential homes in the city limits of North Augusta,as well as Aiken and Edgefield counties.
The house enjoys a fantastic amount of public interest in its renovation and hopeful usage as a
site that they could visit with their families for a wedding,a family reception, an organization's
meeting place, or even a site for historical reenactments to name a few ideas the community
has given about the house.
To make it possible for the citizenry of North Augusta, as well as the percentage of the national
population interested in historical tourism to enjoy the house, I am requesting a text change to
permit"P" item 4.1 Bed& Breakfast In the R-10 zoning district of Table 3-2.
Though the property sits within a R-10 zoning district, it is a 1.5-acre site that sits on and fronts
a major arterial road, West Martintown Road.Activities on the site will not create traffic
hazards or congestion. Not will activities create parking problems or become a public nuisance
as the site is large enough to accommodate parking,as well as safe ingress and egress from the
property.
Section 6.1.4 of the Comprehensive plan states: "Preserving historic housing structures in
Downtown and the surrounding neighborhoods will ensure their continued contribution to the
identity of the city."The text amendment request will allow the citizenry of North Augusta and
the State of South Carolina to enjoy a residential site that is older than the United States of
America, bringing the past into the present.
Attachment 3
Staff Recommendation for Text Changes for RZT19-005
PC Meeting November 21,2019
Key:"P"means permitted as of right,as a primary or an accessory use,"S"means permitted only as a Special Exception,"C"
means permitted as a Conditional Use,"A"means permitted only as an accessory use,""means prohibited. "A/C"means
that the accessory use requires a Conditional Use Permit. Refer to Appendix A or the sources referred to under"land Use
Codfn "forspecific definitions of uses.
Land Use Coding Zoning Districts
A IS C D E E G H 1 J K L M N O
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4.0 Accommodations and Group Living
4.1 Bea and breakfast(subject to§4J) 1310 721191 S 5 S 5
4.7 BED AND BREAKFAST
Bed and Breakfast Inns located in any zoning district where permitted by the Use Matrix, Table 3-
2, may include the following related activities where indicated by a"P" in Table 4-2 below. Bed and
Breakfast Inns located in any zoning district where allowed as a Special Exception by the Use
Matrix, Table 3-2, may be subject to additional conditions where indicated by a "C" in Table 4-2
below:
TABLE 4.2 BED AND BREAKFAST RELATED ACTIVITIES
A B C D E
AccessoryUse D,GC,TC Districts NC Districts Home Occupation Residential Districts
t. Restaurant P P. C
2. Bar P C C
3.
Stage entertainment P C
4. Dance floor P C
5. Health club P C
6. Gift shopP P C
7. Related activities P C C
The Board of Zoning Appeals may approve conditional activities and additional"related activities,"
as shown above, upon a determination that the activities will not create traffic hazards or
congestion, create parking problems, create a public nuisance, or adversely affect surrounding
properties.
Attachment 3
Staff Recommendation for Text Changes for RZT19-005
PC Meeting November 21, 2019
In a residential zoning district, a Bed and Breakfast with up to six bedrooms for registered
overnight guests shall be subject to the following:
1. Shall only be allowed as a Special Exception.
2. The home shall be owner-occupied. The principal structure shall be single-family
residential in character and the principal use shall be single-family residential.
3. The minimum site size shall be 1 acre.
4. The minimum house size shall be 3000 gross square feet.
5. The use shall not create noise, light, traffic, or other conditions detrimental to
neighboring residents.
6. The resident owner shall comply with all tax, business license, and revenue
collection ordinances of the City and State.
7. Must have an approved site plan that shows, at a minimum:
8. Any provided off-street and overflow parking. Parking must comply with Article 10
and 12 and associated Development Code standards.
9. Locations of outdoor facilities including tents, stages or other structures and
facilities that may be used for any temporary or permanent events.
10. Buffering between this property and any other residential use to the standards of
a Type B Buffer in Article 10.
11.Any other items as determined by the Director of Planning and Development or
Engineering.
12. No exterior alterations to the building other than those necessary to meet building
codes or assure the safety of any structure on site for the purpose of
accommodating allowed uses.
13. Business meetings, receptions, and other events from which the property owner
may benefit financially must be organized or for the benefit of registered overnight
guests.
14.The structure shall be and remain single-family residential in character.
15. Retail sales are limited to postcards, shirts, and other small gift items directly
associated with the Bed and Breakfast only. Items for sale should not be visible
from the right-of-way.
16.Signage may not exceed the requirements of Article 13 unless a variance orwaiver
is issued as allowed in the code.
17.Accessory buildings may be used for 'related activities" as approved on the site
plan or determined by the Director.
ATTACHMENT #7
ORDINANCE NO. 2019-20
AMENDING ARTICLE 3 ZONING DISTRICTS.TABLE 3-2.USE MATRIX. AND
ARTICLE 4 SECTION 4 7 OF THE NORTH AUGUSTA DEVELOPMENT CODE,
CHAPTER 18 OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA CODE OF
ORDINANCES
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North
Augusta City Council adopted the North Augusta Development Code which is consistent
with the City's Comprehensive Plan and which incorporates all City zoning and land
development regulations; and
WHEREAS, pursuant to Section 5.3.3.2 Text Amendments in Article 5,
Approval Procedures,of the North Augusta Development Code,any person,property owner,
board, commission, department or the City Council may apply for a change in zoning
ordinance text; and
WHEREAS, the North Augusta Planning Commission, following a
November 21, 2019, public hearing, reviewed and considered a request by the Hammond
House to amend Table 3-2,entitled"Use Matrix,"and Article 4,entitled"Supplemental Use
Regulations," of the North Augusta Development Code to revise requirements for Bed and
Breakfasts related to standards in Article 3, Zoning Districts, and Article 4, Supplemental
Use Regulations, of the North Augusta Development Code. The Planning Commission
report has been provided to City Council for consideration.
The Mayor and City Council have reviewed the request as well as the report
from the Planning Commission and has determined that the change to the text of the
Development Code is appropriate.
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 North Augusta Development Code, Chapter 18 of The City of North
Augusta,South Carolina Code of Ordinances,Providing for New Zoning and
Land Development Regulations for the City of North Augusta, South
Carolina, is hereby amended and shall read as described in the following
section. The section of the Code affected by the proposed amendment is
identified by the section number.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF , 2019.
First Reading
Robert A. Pettit, Mayor
Second Reading
Third Reading ATTEST:
Sharon Lamar, City Clerk
i
i
A. Table 3-2,entitled"Use Matrix", item 4.1, is amended to read:
Table 3-2 USE MATRIX
(R..12d48;Ord 2008 18)JR. 8-17-09;Ord.2009-07)Rev.3-15-10;Ord.2010-051
(Rev,8-16-10;Ord 2010-12)(Re 11-2-15;Ord.2015-17) Rev,6-20-16;Ord 2016-13 Rev.xRdvaq Ord 2020-nx)
Key:"P"means permitted as of right,as a primary or an accessory use,"S"means permitted only as a Special
Exception,"C"means permitted as a Conditional Use,"A"means permitted only as an accessory use,"_"
means prohl bited. "A/C"meam that the accessory use requires a Conditional Use Permit.Refer to Appendix A
or the sources refered to under"La nd Use Codi ng" fors pecific deli nitions of uses.
Iaadtbe Coding Zoning Districts
A B C D E F G B I J K L M N O
— a
e 4 s r
Use _L a
C U e V
e
.mi .mi i f i 3 d s 3 6 I o 1i10 IP
4.1 Bed and breaklen(suhcer is§4-7) 1310 721191 -- s 5 S P P
B. Section 4.7 entitled"Bed and Breakfasf', is amended to read:
4.7 BED AND BREAKFAST
Bed and Breakfast Inns located in any zoning district where permitted by the Use
Matrix, Table 3-2, may include the following related activities where indicated by
a "P" in Table 4-2 below. Bed and Breakfast Inns located in any zoning district
where allowed as a Special Exception by the Use Matrix, Table 3-2, may be
subject to additional conditions where indicated by a "C" in Table 4-2 below:
TABLE 4-2 BED AND BREAKFAST RELATED ACTIVITIES
A B C D E
Accessory Use D GC,TC NC Districts Home Residential
Districts Occupation Districts
1. Restaurant - P P C
2. Bar P C C
3. Stage — C
entertainment
4. Dance Floor P C
S. Health club P C
6. Gift shop P P C
7. Related P C — C
activities
The Board of Zoning Appeals may approve conditional activities and additional
"related activities," as shown above, upon a determination that the activities will
not create traffic hazards or congestion, create parking problems, create a public
nuisance, or adversely affect surrounding properties.
In a residential zoning district, a Bed and Breakfast with up to six bedrooms for
registered overnight guests shall be subject to the following:
1) Shall only be allowed as a Special Exception.
2) The minimum site size shall be 1 acre.
3) The minimum house size shall be 3000 gross square feet.
4) The use shall not create noise, light, traffic, or other conditions
detrimental to neighboring residents.
5) The owner shall comply with all tax, business license, and revenue
collection ordinances of the City and State.
6) Must have an approved site plan that shows, at a minimum:
a) Any provided off-street and overflow parking. Parking must comply
with Article 10 and 12 and associated Development Code
standards.
b) Locations of outdoor facilities including tents, stages or other
structures and facilities that may be used for any temporary or
permanent events.
c) Buffering between this property and any other residential use to
the standards of a Type B Buffer in Article 10.
d) Any other items as determined by the Director of Planning and
Development or Engineering.
7) The structure used for the Bed and Breakfast must be existing and may
be modified only as necessary to meet building codes or assure the
safety of any structure on site for the purpose of accommodating
allowed uses.
8) The structure shall be and remain single-family residential in character.
9) Retail sales are limited to postcards, shirts, and other small gift items
directly associated with the Bed and Breakfast only. Items for sale
should not be visible from the right-of-way.
10) Signage may not exceed the requirements of Article 13 unless a
variance or waiver is issued as allowed in the code.
11) Accessory buildings may be used for "related activities" as approved
on the site plan or determined by the Director.
H. All other Ordinances or parts of Ordinances in conflict herewith are, to the
extent of such conflict,hereby repealed.
III. This Ordinance shall become effective immediately upon its adoption on
third reading.
ATTACHMENT #8
RESOLUTION NO. 2019-43
A RESOLUTION APPROVING CAPSTONE SERVICES, LLC TO
CONTINUE TO PROVIDE PROJECT MANAGEMENT SERVICES TO
THE CITY OF NORTH AUGUSTA IN SUPPORT OF
CAPITAL PROJECTS AS AUTHORIZED BY THE CITY
WHEREAS, Capstone Services, LLC has provided high quality and beneficial
services to the City related to capital projects in Riverside Village; and
WHEREAS,Mayor and City Council have determined that it is in the best interest of
the City to continue to use Capstone Services, LLC for project management services for additional
capital projects as authorized by the City;and
WHEREAS,fees for project management services shall be included in capital project
budgets brought forth to Council for authorized capital projects;and
WHEREAS, funding for these services shall be paid from the appropriated funds by
Council for the authorized capital projects.
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
Capstone Services, LLC be approved to continue to provide project management services to the City
of North Augusta in support of capital projects and authorize the Mayor and/or City Administrator to
assign capital projects to Capstone Services,LLC for such services.
DONE,RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA,SOUTH CAROLINA,ON THIS_DAY OF DECEMBER,2019.
Robert A.Pettit, Mayor
ATTEST:
Sharon Lamar,City Clerk
ATTACHMENT #9
ORDINANCE NO. 2019-21
TO APPROVE THE EXECUTION OF A OUIT CLAIM DEED, CONVEYING
PROPERTY TO THE BERGEN PLACE WEST COMMUNITY ASSOCIATION,FOR THE
PURPOSE OF TRANSFERRING A PORTION OF PARCEL 005-09-13-037,
WHICH BELONGS TO THE CITY.
WHEREAS,Bergen Place West Community Association,Inc.,notified the City
North Augusta (hereinafter referred to as "The City") that when plats were prepared for
common area for dedication to The City, a small portion of property was inadvertently deeded
to the City that was intended to remain in ownership of The Bergen Place West Community
Association, Inc.; and
WHEREAS, the area in question consists of 0.04± acres as shown on a plat
prepared for Bergen Place West Community Association, Inc., dated the 28" day of October,
2019 and revised December 5,2019. A copy of said plat is attached to the proposed Quit-Claim
Deed; and
i
WHEREAS, City has determined that the area is not being used by the City, nor
has any value to the City; and
WHEREAS, the Mayor and City Council have determined that it is the best
interest of the City to execute the Quit-Claim Deed that is attached hereto, marked as "Exhibit
A"and incorporated by reference,transferring the 0.04+/-acres,a portion of parcel 005-09-13-
037,to Bergen Place West Community Association, Inc.
I
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 Administrator is hereby authorized to execute the Quit Claim
to Real Estate attached hereto marked"EXHIBIT A"and incorporated by
reference,on behalf of the City and to deliver same to Bergen Place West
Community Association, Inc.
2. All other ordinances or parts of other ordinances in conflict herewith are
to the extent of such conflict, hereby repealed.
3. This Ordinance shall become effective upon its adoption on the third
reading.
i
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
2019.
First Reading:
Second Reading: Robert A. Pettit, Mayor
Third Reading: ATTEST:
Sharon Lamar, City Clerk
EXHIBIT A
Record and return to:
Wright McLeod,Attorneys at Law
4420 Evans to Locks Road7
Evans,GA 30809
File No.:LC
STATE OF SOUTH CAROLINA )
QUIT CLAIM DEED
COUNTY OF AIKEN ) Title Not Examined
THIS INDENTURE, made as of this day of 2019 by and between CITY
OF NORTH AUGUSTA, South Carolina, a body politic and corporate and a political subdivision of the
State of South Carolina as party of the fast part, and BERGEN PLACE WEST COMMUNITY
ASSOCIATION,INC.,party of the second part;
WITNESSETH:
First party for and in consideration of the sum of ONE DOLLAR ($1.00) and other valuable
consideration, receipt whereof is hereby acknowledged, does hereby remise, convey and forever quit
claim unto second party its heirs and assigns,the following described property,to-wit:
All that piece, parcel or tract of land situate, lying and being in Aiken County, South
Carolina in Bergen Place West Subdivision, Phase III being known and designated as
Tract "A" 0.04 Acres as shown on that certain plat of survey prepared by Southern
Partners, Inc., for Bergen Place West Community Association, Inc., dated October 28,
2019, and recorded in Plat Book Page in the Office of the RMC
of Aiken County, South Carolina.
Said tract is a portion of the property conveyed to City of North Augusta,by deed of
Beazley Development Co.,Inc.,dated June 11,2007 and recorded in the RMC Office of
Aiken County, South Carolina in Book 4166,Page 2279-2280.
Tax Map and Parcel No.:Portion of 005-09-13-037
TO HAVE AND TO HOLD said property, together with all and singular the rights, members,
hereditaments, improvements, easements and appurtenances thereunto belonging or in any wise
appertaining, unto second party/parties, his/her/their heirs and assigns, so that neither first party/parties
nor any person or persons claiming under his/her/them shall have,claim or demand any right to the above
described property,or its appurtenances,or any rights thereof -
WITNESS its hand and seal this day of 2019.
City of North Augusta
L.S.
(Signature of First Witness) By:
Its: City Administrator
(Signature of Notary Witness)
STATE OF SOUTH CAROLINA )
COUNTY OF AIKEN )
PERSONALLY appeared before me the undersigned and made oath that (s)he saw the within
named , sign, seal and as his act and deed, deliver
the within written instrument, and that(s)he with the other witness whose name appears above,
witnessed the execution thereof.
(Signature of First Witness)
SWORN TO AND SUBSCRIBED BEFORE ME
this day of 2019.
Notary Public
(Signature of Notary Witness)
My Commission Expires:
i
i
I
AFFIDAVIT
STATE OF GEORGIA
COUNTY OF COLUMBIA
PERSONALLY appeared before me,the undersigned,who being duly swam,deposes and says:
1. I have read the information on this affidavit and I understand such information.
The property being transferred is located at Aiken County TMS Portion of 005-09-13-037 is being transferred by
the City of North Augusta to Beazley Development Co.Inc.on 2019.
2. Check one of the following:The Deed is:
(a) subject to the deed recording fee as a transfer for consideration paid or to be paid
(b) subject to the deed recording fee as a transfer between a corporation,a
partnership,or other entitiy and a stockholder,partner,or owner of the entity,or
is transferred to a must or a distribumion to a must beneficiary.
(c)_x_ exempt from the deed recording fee because:(Site the correct exemption 4_)
(If exempt,skip items 3-5 and proceed to Item 6)
3. Check one of the following which applies to this conveyance.
(a) The fee is computed on the consideration paid or to be paid in money or money's
(b) The fee is computed on the fair market value of$
(c) The fee is computed on the value established for tax purposes as
4. Check Yes_or No . A lien or encumbrance is being assumed m port of the conveyance. If"Yes",
the outstanding balance of the encumbrance is$
If a recorded mortgage is assumed(Recorded at Book Page.
5. The deed recording fee is computed as follows:
(a) The amount listed in Item 3 above:
(b) The amount listed in Item 4 above:
(c) Subtract line 5(b)from 5(a)
6. As required by Code Section 12-24-70,1 state that I am a responsible party connected with this conveyance as:
7. I understand that furnishing a false or fraudulent affidavit is a misdemeanor and upon conviction is
punishable by a fine not more than one thousand dollars or imprisonment not more than one year,or both.
Responsible person connected with transaction
SWORN to before me this_day of 2019.
Notary Public
My commission expires:
'I hereby.tate that to the bert of my
Ynowledge.infttmallon and beitl. Na �ee�waieu bpenaltnd
my Fewn hereon v made In P^• -
awardance with the nyuiremente of made-A.W.A 01.
the NFimum standard. h.—I mr the I e. .1.vnP.dy 1.nal
Proctice e1 Land &—yin, M SouNI.-td In e aulmal.d
Carollno, and meets or ex-had. me feed Famm enn
.WWbments lar o 0.. hurvay
as nialfiecl Naeln: diad there a
tlelble encroachments or Projectla� no
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BRIDLE PATH ROAD
50' R/W
w9. R
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502'69'11'W
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#,,A-hey.. TRACT A
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Part 5F.
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TP 009099-13-03] Z
PB 59, PAGE 416 & 3
K
Note: Tidct 'A' w8l not be N4JY515 M, u
used c v m'Com a lot b.f. 15.00' 2
wJl.became Gammon Area' to F Q
be a.. and maintaNeC by w
Began Place Weft Community
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CITY OF NORTH AUGUSTA
P 001-12-01-003
PB 59. PAGE 416
0 30 60 90
Bergen Piece West SCALE: 1' - 30'
PLAT Community Aseocistiun. Inc.
FOR: M09£VANS TOXN CFNIER eb EVAN GELRJA J0909 DATE: 10-28-2019
PROP£RIY LOW RD THE BERGEN PLACE fESI. PXASEIN OEeiWENT
CITY OF NORTH AUGUSTA, AIKEN COUNTY, SOUTH CAROUNA Rev DATE: 12-os-19
Southern Partners, Inc.
-Wf�mf w. 2Beei-u
12331UWSTA KSifPIAfWeY 1UWSiA aEaMG1 IOBW (7m)f55-BMU .yafiAWpy{y eap_G
ATTACHMENT #10
RESOLUTION NO. 2019-44
AUTHORIZING THE CITY TO ENTER INTO AN ANNEXATION AGREEMENT WITH
CAROLYN C. BAGGOTT, MARY C. HAVRON AND JEAN C.BEALL. RELATED TO
THE ANNEXATION OF APPROXIMATELY 350 ACRES LOCATED IN EDGEFIELD
COUNTY, SOUTH CAROLINA.
WHEREAS, the City has recently purchased property located in Edgefield
County, South Carolina that was formerly property of North Augusta Country Club; and,
WHEREAS, it is the intent of Council to utilize such property annexed for
recreational purposes; and,
WHEREAS, the property is currently located outside the Municipal
Corporate Limits of the City; and,
WHEREAS, as a result of negotiations with Carolyn C. Baggott, Mary C.
Havron and Jean C. Beall, they have agreed to annex their property, at this time, in order to
allow the City Limits to be extended and become contiguous with the Country Club Property
recently acquired by the City; and,
WHEREAS,the land subject of the agreement is currently un-developed; and,
WHEREAS, the City has reached an agreement with the land owners that
would provide for a maximum period of ten (10) years, or until such time as the property is
developed, that the City would pay to the land owners a sum equal to the annual real estate
taxes being paid to the City; and,
WHEREAS, the Mayor and City Council have determined that such
agreement is in the best interest of the City, allowing the City to annex the recently aquired
property and further provides for the addition of approximately three-hundred fifty (350)
acres into the Municipal Corporate Limits that, when developed, will provide additional
taxes to the City.
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 enter into the contract that is attached hereto marked Exhibit (A) and
incorporated by reference. Such contract related to the annexation of property belonging to
Carolyn C. Baggott, Mary C. Harvon and Jean C. Beall;
NOW THEREFORE, BE IT FURTHER RESOLVED- that the City
Administrator is hereby authorized to execute this contract on behalf of the City.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF NOVEMBER,2019.
SIGNED BY:
ROBERT A.PETTIT,MAYOR
ATTESTED BY:
SHARON LAMAR,CITY CLERK
STATE OF SOUTH CAROLINA ) AGREEMENT RELATED TO
COUNTY OF AIKEN ) ANNEXATION
This Agreement is entered into this _ day of February, 2019, by and
between the City of North Augusta, hereinafter referred to as "CrW' and CAROLYN
C. BAGGOTT, MARY C. HAVRON, and JEAN C. BEALL, hereinafter referred to as
"Landowners".
WHEREAS, the City desires to annex certain property located in Edgefteld
County, South Carolina that is not currently contiguous with the City limits; AND,
WHEREAS, the Landowners own real estate that is contiguous to the City and
also contiguous to the property the City desires to annex;AND,
WHEREAS, the property belonging to the Landowners is currently
undeveloped but the Landowners anticipate future development of the property;
AND,
WHEREAS,the Landowners, as an accommodation to the City,have indicated
a willingness to have their property annexed into the City which would then allow
for the annexation of the adjacent property that the City desires to annex; AND,
WHEREAS, the City has agreed that, in the event that the Landowners would
allow their property to be annexed at this time, the City, on an annual basis,not later
than seven(7)days after the payment of the City real estate taxes by the Landowners,
Landowners, would make a payment to the Landowners of an amount equivalent to
the taxes paid; AND,
WHEREAS, it is further agreed that this provision for the reimbursement of
taxes would remain valid for a period of ten years, so long as the property is owned
by the current named Landowners or by persons inheriting the property as heirs of
said Landowners, or deeded to such legal heirs and the property remains
undeveloped; AND,
WHEREAS, it is further agreed that, any property sold or otherwise transferred
,with the exception of a transfer to heirs as described above, or should any
development take place on any of said property, the City would no longer be
responsible to reimburse the Landowners for the amount of taxes paid on that portion
of the property transferred or developed and all portions not transferred or developed
would remain under this tax reimbursement agreement;AND,
WHEREAS, this Agreement is specifically related to the following:
• 262.54±acres referred to as Parcel No. 105-00-00-009-000 &
• 88.19± acres known as Tax Parcel No. 106-00-00-022-000; AND,
WHEREAS, upon approval of this Agreement and the execution of same, the
Landowners agree to execute the Petition for Annexation that is attached hereto and
marked "Eximrr A".
s,
H
5
WrAss 1
^ OLYN .BAGGOTT
rn1 AIJ,IYI.. 1, )a:,UUl�
WITNESS 2
WITNESS 1
rnJlJ�tiy+w I�J�w`� MARY G VRON
WITNEss 2
` f)tay)no 'a' mcu--,
WITNESS 1
0
Q C _ 1 J C.BEALL
WITNESS 2 �O
THIS AGREEMENT APPROVED BY THE MAYOR AND CITY COUNCIL FOR THE CITY
OF NORTH AUGUSTA BY RESOLUTION 2019- _ _ ADOPTED BY THE
CITY ON THE DAY OF ,2019.
CITY OF NORTH AUGUSTA
BY. RACHELLE MOODY
INTERIM CITY ADMINISTRATOR
i
i
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i
(%gPublic.nW Edgefield County, SC
Overview
i ar is DUB iar
AL {rfF�a' Gfi�.
ik
1 11 a l l �� 1C rc y
Legend
60, ❑ Parm6
VO Parcel Numbers
Roads
1/06*040-022-000 Edgefield Boundar
000
106-00-00-037-000
0 VO
Parcel ID 106-00-00-022- Physical Land Value $351,084 Last2Sales
000 Address Improvement $6,630 Date Price Reason Qual
Property AG-FARM Mailing BAGGOTT CAROLYN C Value 4/16/1985 0 Na U
Class Address LTAL Tetal Value $357,714 n/a 0 W. n/a
Toxin 1 1816 MOUNTSIDE DR
District NORTNAUGUSTASC
Acres 8819 29841
Date created 10125 19
Last DaU U*aded:1=R 0198U9:10 PM
D,v,Io,d byt.Y Schmider
1 eos s..ua.
OgPubliC.ewr Edgefield County, SC
Overview
440
r
Legend
❑ Parcels
Parcel Numbers
Roads
E tleiC$ Edgefield Bounder
COU1 106�O 00 075 00006�O 00 075 001
10
Aiken County
N
unty � '
Parcel ID 105-00-00- Physical Larld Value $787,620 Last2Sa1es
009-000 Address Improvement $0 Date Prim Reason Qual
Property AG-FARM Mailing BEALLJ C&M C HARRON Value 11/18/1976 $1 Na U -
Class Address %CAROLYN C BAGGOTT 1816 Total Value $787,620 n/a 0 Na Na
Taxing 1 MOUNTSIDEDR
District NORTH AUGUSTA SC 29841
Acres 262.54
Dare created:1M5 019
Last D..Uplaaaed:1MV1019&W.10 PM
Devebom W^-)Schneider
ATTACHMENT #11A
RESOLUTION NO. 2019-45
TO ACCEPT A PETITION FOR ANNEXATION
OF±350.73 ACRES OF PROPERTY LOCATED
ALONG GREGORY LAKE ROAD AND OWNED BY
CAROLYN C. BAGGOTT,MARY C.HAVRON,AND JEAN C. BEALL
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: 'Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing
body to accept the petition and annex the area,and the enactment of an ordinance declaring the
area annexed to the municipality,the annexation is complete"; and
WHEREAS, the governing body of the City of North Augusta determines it to
be in the best interest of the City to accept a petition for annexation attached hereto dated
November 25, 2019.
The property sought to be annexed is described as follows:
Edgefield County Tax Map and Parcel Number 105-00-00-009-000 containing 262.54±
acres and Edgefield County Tax Map and Parcel Number 106-00-00-022-000 consisting
of 88.19± acres. Said property is more specifically identified in the attachment hereto
marked "EXHIBIT A".
The property to be annexed is also shown on a map identified as "Exhibit B" titled map
of property sought to be annexed to the City of North Augusta. Said map is dated
November 14,2019 and prepared by the City of North Augusta.
NOW,THEREFORE BE IT RESOLVED by the Mayor and City Council of the
City of North Augusta in meeting duly assembled and by the authority thereof that the Petition
to annex the property described herein is hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF , 2019.
Robert A. Pettit,Mayor
ATTEST:
Sharon Lamar, City Clerk
STATE OF SOUTH CAROLINA ) PETITION FOR ANNEXATION OF(350.73 ACRES
) OF LAND LOCATED IN EDGEFIELD COUNTY, SC
COUNTY OF AIKEN )ALONG GREGORY LAKE ROAD AND CURRENTLY
OWNED BY CAROLYN C. BAGGOTT,
MARY C. HAVRON, AND JEAN C. BEALL
We the undersigned,as freeholders of property located in the vicinity of Gregory Lake Road,
Edgefield County, South Carolina, do respectfully petition the City Council for the City of North
Augusta, South Carolina, for annexation of the hereinafter described property into the municipal
corporate limits of the City of North Augusta, South Carolina. This Petition is submitted in
accordance with Title 5-3-150(3)of the Code of Laws of South Carolina, 1976, as amended.
The property sought to be annexed is described as follows:
Edgefield County Tax Map and Parcel Number 105-00-00-009-000 containing 262.541
acres and Fdgefield County Tax Map and Parcel Number 106-00-00-022-000 consisting of 88.19±
acres. Said property is more specifically identified in the attachment hereto marked"EXIE BIT A".
The property to be annexed is also shown on a map identified as "Exhibit B"titled map of
property sought to be annexed to the City of North Augusta. Said map is dated the 14th day of
November,2019 and prepared by the City of North Augusta.
This petition dated the 25° day of November, 2019 prior to the affixing of any signatures
hereto.
Tax Man Parcel Numbers Property Representative Sim tures
WITNESS 1 I - ((/.� q�_
I CA OLYN C.B God] Ib'
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WITNESS 1
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WITNESS 2
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ATTACHMENT #11B
ORDINANCE NO. 2019-22
TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY
ANNEXING t 350.73 ACRES OF PROPERTY LOCATED
ALONG GREGORY LAKE ROAD AND OWNED BY
CAROLYN C BAGGOTT MARY C. HAVRON,AND JEAN C. BEALL
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: 'Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing
body to accept the petition and annex the area, and the enactment of an ordinance declaring the
area annexed to the municipality,the annexation is complete"; and
WHEREAS, the Mayor and City Council of the City of North Augusta, by
adoption of Resolution No. 2019-45 dated December 16, 2019, accepted a Petition for
Annexation and wish to annex the below described properties; and
WHEREAS,the zoning classification recommended for the properties proposed
for annexation has been reviewed for consistency with the Future Land Use Classification of
the properties as specified in the Land Use Element of the North Augusta 2017 Comprehensive
Plan;
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 following described property shall be annexed into the City of North
Augusta:
Edgefield County Tax Map and Parcel Number 105-00-00-009-000 containing
262.541 acres and Edgefield County Tax Map and Parcel Number 106-00-00-
022-000 consisting of 88.19f acres. Said property is more specifically identified
in the attachment hereto marked "Exhibit B" titled"Map of Property Sought to
be Annexed to the City of North Augusta." Said map is dated November 14,
2019, and prepared by the City of North Augusta.
The property to be annexed shall be zoned R-14, Large Lot Single-Family
Residential as shown on a map identified as "Exhibit B" titled "Zoning of
Property Sought to be Annexed to the City of North Augusta."Said map is dated
November 14,2019 and prepared by the City of North Augusta.
IL All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict,hereby repealed.
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 , 2020.
First Reading:
Second Reading: Robert A. Pettit,Mayor
Third Reading: ATTEST:
Sharon Lamar, City Clerk
EXHIBIT B
Proposed New
Municipal Boundary
Outside City
TPNs 105-00-00-009 and 106-00-00-022
R-14, LARGE LOT
SINGLE-FAMILY RESIDENTIAL
R-14
R-10
Z
7
a
W
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Q_
Z
Q
R-14������ h
O �O
C 111,1 %
Current Municipal Boundary
North ANX19-013 �.
Augustqr
a ZONING OF PROPERTY v
SOUGHT TO BE ANNEXED ®Miles
a 0.2
South Curolinu'S Ruuelfin Datte:
it TO THE CITY OF NORTH AUGUSTA e 11/11 4120
D 14/201199
ATTACHMENT#12A
RESOLUTION NO.2019-46
TO ACCEPT A PETITION FOR ANNEXATIONOF 12.62 ACRES OF PROPERTY LOCATED
AT 557 PLANTATION DRIVEAND OWNED BY MICHAEL T. MONACO
AND KAREN M. MONACO
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South Carolina
provides that: "Notwithstanding the provisions of subsections (1) and (2) of this section, any area or
property which is contiguous to a municipality may be annexed to the municipality by filing with the
municipal governing body a petition signed by all persons owning real estate in the area requesting
annexation. Upon the agreement of the governing body to accept the petition and annex the area, and
the enactment of an ordinance declaring the area annexed to the municipality, the annexation is
complete"; and
WHEREAS,the governing body of the City of North Augusta determines it to be in the
best interest of the City to accept a petition for annexation attached hereto dated November 22,2019.
The property sought to be annexed is described as follows:
All that lot or parcel of land with improvements thereon,situate, lying and being in the
State of South Carolina, County of Aiken, being shown and designated as 2.62 acres,
more or less,as shown on a plat prepared by Tony L.Carr,Sr.&Associates dated April
29, 1986 and recorded in the Office of the RMC for Aiken County, South Carolina, in
Misc. Book 440,Page 149; reference being made to said plat for a more complete and
accurate description as to the metes, bounds and location of said property.
This being the same property conveyed to Michael T. Monaco and Karen M. Monaco
by deed dated December 17, 2012, and recorded on December 26, 2012, in RB 4438,
Page 677-680,aforesaid RMC Office.
Tax map&parcel number: 002-08-03-002
The property to be annexed is also shown on a map identified as "Exhibit A" titled
"Map of Property Sought to be Annexed to the City of North Augusta" dated October
21,2019,and prepared by the City of North Augusta.
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City
of North Augusta in meeting duly assembled and by the authority thereof that the Petition to annex the
property described herein is hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
2019.
Robert A. Pettit,Mayor
ATTEST:
Sharon Lamar, City Clerk
STATE OF SOUTH CAROLINA ) PETITION FOR,ANNEXATION
OF 12.62 ACRES OF LAND
LOCATED AT 557 PLANTATION DRNE
COUNTY OF AIKEN ) AND OWNED BY MICHAEL T.MONACO
AND KAREN M.MONACO
1, the undersigned as freeholder and owner of property located at 557 Plantation Drive, do
respectfully petition the City Council for the City of North Augusta,South Carolina,for annexation
of the hereinafter described property into the municipal corporate limits of the City of North Augusta,
South Carolina. This petition is submitted in accordance with Title 5-3-150(3)of the Code of Laws
of South Carolina, 1976,as amended.
The property sought to be annexed is described as follows:
All that lot or parcel of land with improvements thereon,situate,lying and being in the State of
South Carolina,County of A&M being shown and designated as 2.62 acres,more or less,as shown
on a plat prepared by Tony L.Carr,Sr. &Associates dated April 29, 1986 and recorded in the Office
of the RMC for Aiken County,South Carolina,in Mise. Book 440,Page 149;reference being made
to said plat for a mora complete and accurate description as to the metes,bounds and location of said
property.
This being the same property conveyed to Michael T.Monaco and Karen M. Monaco by deed
dated December 17,2012,and recorded on December 26,2012,in RB 4438,Page 677-680,aforesaid
RMC Office.
Tax map&parcel number:002-08-03-002
The property to be annexed is also shown on a map identified as"Exhibit A"titled"Map of
Property Sought to be Annexed to the City of North Augusta"dated October 21,2019, and prepared
by the City of North Augusta
This petition dated the f- 2 day of 017 2019.
Pfr perry O�lw�n/e..r Signatura
Michael.M — -I
Karen M.Mcoaco
.a
EXHIBITA
P
a
Inside City
O�
2
0
s
as
Outside City
J
New Municipal Boundary
Existing Municipal Boundary
Inside City
TPN 002-08-03-002
Approximately 2.62 acres
Inside City
N
North ANX19-007 w A
Augusta* MAP OF PROPERTY s
SOUGHT TO BE ANNEXED ®Miles
,ouch Curolma's Hwerfrcxn TO THE CITY OF NORTH AUGUSTA 00.W.02 0.6/ 0.06 0.0
Date: 1021/2019
ATTACHMENT #12B
ORDINANCE NO. 2019-23
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA BY ANNEXING
t 2.62 ACRES OF PROPERTY LOCATED
AT 557 PLANTATION DRIVE
AND OWNED BY MICHAEL T. MONACO
AND KAREN M. MONACO
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: 'Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing
body to accept the petition and annex the area,and the enactment of an ordinance declaring the
area annexed to the municipality, the annexation is complete"; and
WHEREAS, the Mayor and City Council of the City of North Augusta, by
adoption of Resolution No. 2019-46 dated December 16, 2019, accepted a Petition for
Annexation and wish to annex the below described properties; and
WHEREAS,the zoning classification recommended for the properties proposed
for annexation has been reviewed for consistency with the Future Land Use Classification of
the properties as specified in the Land Use Element of the North Augusta 2017 Comprehensive
Plan;
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 following described property shall be annexed into the City of North
Augusta:
All that lot or parcel of land with improvements thereon, situate, lying
and being in the State of South Carolina, County of Aiken, being shown
and designated as 2.62 acres, more or less, as shown on a plat prepared
by Tony L. Carr, Sr. &Associates dated April 29, 1986 and recorded in
- the Office of the RMC for Aiken County, South Carolina,in Misc. Book
440, Page 149; reference being made to said plat for a more complete
and accurate description as to the metes, bounds and location of said
property.
This being the same property conveyed to Michael T.Monaco and Karen
M. Monaco by deed dated December 17, 2012, and recorded on
December 26, 2012, in RB 4438,Page 677-680, aforesaid RMC Office.
Tax map &parcel number: 002-08-03-002
The property to be annexed is also shown on a map identified as"Exhibit
A" titled "Map of Property Sought to be Annexed to the City of North
Augusta" dated October 21, 2019, and prepared by the City of North
Augusta.
it. The zoning classification recommended for the properties to be annexed is
consistent with the Future Land Use Classification of the properties as specified
in the North Augusta 2017 Comprehensive Plan; therefore, the properties shall
be zoned R-14, Large Lot Single Family Residential, as shown on a map
identified as"Exhibit B"titled"Zoning of Property Sought to be Annexed to the
City of North Augusta" dated October 21, 2019, and prepared by the City of
North Augusta.
III. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict,hereby repealed.
IV. 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 , 2019.
First Reading:
Second Reading: Robert A. Pettit, Mayor
Third Reading: ATTEST:
Sharon Lamar, City Clerk
EXHIBIT B
T
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AU l IStc3 ZONING OF PROPERTY �P
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Sinnh Curolaw's Riorrfronl TO THE CITY OF NORTH AUGUSTA 00.00.02 0.04 0.06 0.08
Date: 10/11/2019
ATTACHMENT #13
RESOLUTION NO. 2019-47
AUTHORIZING ADDITIONAL FUNDING FOR REPLACEMENT OF A TOTALED
VEHICLE FOR PARKS.RECREATION, &TOURISM
WHEREAS, on September 15, 2019 the City of North Augusta Parks,
Recreation,&Tourism Department's (PRT)2008 Dodge Caravan blew its front left tire while
staff was traveling to a conference in Myrtle Beach which resulted in significant damage to the
front left side of the vehicle; and
WHEREAS, on September 24, 2019 the South Carolina Municipal Insurance
and Risk Financing Fund (SCMIRF)claims adjustor declared the van to be a total loss; and
WHEREAS, the amount payable from SCMIRF for the 2008 Dodge Caravan
after our deductible is $5,590.10;and
WHEREAS, PRT desires to purchase a 2020 Dodge Durango SXT/WDDL75
for$25,909.00 off the South Carolina State Contract; and
WHEREAS, additional funding of$19,818.90 is being requested to combine
with the claim settlement funds and would be allocated as follows:
SCMIRF Check for 2008 Dodge Caravan $ 5,590.10
Recreation Fund estimated balance at 12/31/19 11,900.00
Ca ital Pro'ects Fund(fund balance 8,418.90
Total: $25,909.00*
*Please note the vehichle will be purchased in 2020 and will be paid in total from the Capital
Projects Fund. The SCMIRF payment was deposited to the General Fund and will be included
in surplus that is transferred to the Capital Projects Fund. Per the 2020 budget the Recreation
Fund will be closed and the balance transferred to the Capital Projects Fund.
NOW THEREFORE BE IT RESOLVED by the Mayor and City Council for the
City of North Augusta, in meeting duly assembled and by the authority thereof that additional
funds be authorized for PRT to purchase a replacement vehicle as defined above and that the
funding source be the Capital Projects Fund.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF DECEMBER, 2019.
Robert A.-Pettit,Mayor
ATTEST:
Sharon Lamar, City Clerk
Sutler
1895 SALPM HO- HHAUPORT S.C.2.2
B43)623-9a%
12111/2019
Buyer. North Augusta Parks, Rec&Tourism Cell:
100 Riverview Park Drive
N Augusta SC 29841
Attn:Richard Shaffer
Phone: 803441-4301 Phone:
Fax: Fax:
Make: Ood a Make:
Model: Duran o SXT Model:
Year: 2020 Year.
Color: W hlte Knuckle w/Black Seals Color.
VIN: "' StoVIN:
Stock#: Uh/d Stock#.
Miles e: 10 Miles e:
ACV:
MSRP SC Stale Contract#4400019796 $36,180.00
Sate Price 525,409.00
O tions Included
3.6L V6 24V VV r En ine 8-Speed Auto Transmission included In price
2nd &3rd Row Cloth Seals ParkView Back-u Camera Included In price
O tions Total $0.00
Sub Total $25,409.00
DOC
Tag $500.OD
5%IMFFFaz SC
Balance Due 525,909.00
Manager Tina Neill Customer
Insurance Information
Anency Name and Address:
Phone No.:
pot NInsuranos Com an .
Com o..: Collialon: EHactHe Dates:
Contact: Date:
ATTACHMENT #14
RESOLUTION NO. 2019-48
ACCEPTING A DEED OF DEDICATION FOR THE STREETS,
WATER DISTRIBUTION SYSTEM, SANITARY SEWER STORMWATER
COLLECTION AND FIRE SUPPRESSION SYSTEMS, DETENTION PONDS AND
ASSOCIATED EASEMENTS AND RIGHTS OF WAY,ALONG WITH A
MAINTENANCE GUARANTEE AND LETTER OF CREDIT FOR BERGEN PLACE
WEST, PHASE IV
WHEREAS, Beazley Development Co., Inc., developed Bergen Place West,
Phase IV, according to the requirements of the North Augusta Planning Commission and the
City, and owns the streets,utilities and easements; and
WHEREAS, pursuant to §5.8.4.3 of the North Augusta Development Code,
the Director of Planning and Development and the City Engineer approved the final
subdivision plat for recording on October 4, 2019 and
WHEREAS, it is the policy of the City that, upon approval of a final
subdivision plat, the City will, following inspection by the City's Engineering department,
accept a deed of dedication for the streets, utilities, etc. for the purpose of ownership and
maintenance when said deed is accompanied by a maintenance guarantee; and
WHEREAS, a maintenance guarantee and supporting letter of credit
accompany the deed; and
WHEREAS, the City Engineer has made final inspection of the subject
improvements and these improvements meet City 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:
All those strips or parcels of land, and appurtenances to said premises belonging or in
anywise appertaining therewith, situate, lying and being in Aiken County, South
Carolina, in Bergen Place West Subdivision, Phase IV,being 50' Rights of Way
known as Bonhill Street, Connor Street, and Preston Court as more particularly
shown and described on that certain plat of survey prepared by Southern Partners,
Inc, for Beazley Development Co., Inc.,dated August 5, 2019, last revised on
October 18, 2019 and recorded in Plat Book 61, Page 724, in the Office of the RMC
of Aiken County, South Carolina. Reference is hereby made to said Plat for a
complete and accurate description of said property hereby conveyed.
ALSO,All and singular,those certain water distribution and sewage collection
systems, including but not limited to all pipes, mains, manholes, valves,meters and
RESOLUTION ACCEPTING DEED OF DEDICATION—
BERGEN PLACE WEST PHASE IV Page 2
other improvements and appurtenances in any way connected therewith, excluding
service lines from the lot lines to the improvements located thereon developed or
extending within the lot lines of undeveloped lots situate, lying and being in Aiken
County, South Carolina, in Bergen Place West Subdivision,Phase III,being more
fully shown and designated on that"Storm Sewer As Built' and"Sanitary Sewer As
Built'prepared by Southern Partners, Inc. for Beazley Development Co., hic.
ALSO, all water and sanitary sewer easements and appurtenances to said premises
belonging in any way incident or appertaining as shown on the above referenced
plats.
ALSO, all easements and appurtenances to said premises belonging or in any way
incident or appertaining, as shown on the above referenced plats.
This being a portion of the same property conveyed to Beazley Development Co.,
Inc. by deed of Metro Homesites,LLC,on May 23,205,and being recorded in the
Office of the RMC in Aiken County, South Carolina,in Book 4012,Page 1662, and
also being recorded in the Office of the Clerk of Court in Edgefield County, South
Carolina, in Book 1002, Page 90.
Tax Map Number: Portion of 001-12-03-001 (Aiken County)and
a portion of 106-10-00-001 (Edgefield County)
BE IT FURTHER RESOLVED that a Maintenance Guarantee and
Irrevocable Letter of Credit in the amount of$107,000 are hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
-DAYOF 12019.
Robert A. Pettit, Mayor
ATTEST:
Sharon Lamar, City Clerk
P&D Memo 19-035 P
`v
City of North Augusta
4. Maintenance Guarantee dated October 30, 2019 and valid for a period of
24 months;
5. Irrevocable Letter of Credit in support of the Maintenance Guarantee dated
September 30, 2019;
6. Performance Guarantee dated October 30, 2019 and valid for a period of
24 months;
7. Irrevocable Letter of Credit in support of the Performance Guarantee dated
September 30, 2019;
8. Final subdivision plat approved by the City Engineer and the Director of
Planning and Development and recorded by the Aiken County RMC.
Additionally, a reduced copy of the final plat is attached for agenda reproduction.
Please schedule the resolution accepting the Bergen Place West, Phase IV Deed
of Dedication for City Council consideration at the next available meeting.
Department of Planning
and Development r/
Memorandum # 19-035 city of North Augusta
To: Rachelle Moody, Interim City Administrator
From: Libby Hodges, Director
Subject: Deed of Dedication for Bergen Place West, Phase IV
Date: December 13, 2019
The final subdivision plat for Bergen Place West, Phase IV, was approved on
October 25, 2019. The developer, Beazley Development Co., Inc., has completed
the following improvements and requests that the City accept them along with
open space, associated easements and rights of way: streets, water distribution
system, sanitary sewer, stormwater collection, fire suppression systems, and
detention ponds. The completed improvements to be dedicated to the City have
been approved by the City Engineer. The attached dedication documents have
been approved by the City Attorney.
Certain improvements, namely subdivision sidewalks, street trees, and paving
turnarounds remained unfinished at the time of final plat approval. Construction of
the aforementioned improvements has been guaranteed with a performance
guarantee and supporting letter of credit.
The City may accept the streets, sanitary sewer, stormwater collection,fire
suppression systems, and common areas intended for the City, and associated
easements and rights of way for this subdivision. A draft resolution for the
acceptance of the dedication is attached and a digital copy has been forwarded to
the City Clerk.
Originals of the following documents are attached:
1. Deed of Dedication for the streets, sanitary sewer, stormwater collection
and fire suppression systems, and associated easements and rights of way;
2. Partial Release of Mortgage dated November 12, 2019
3. Title Certificate dated November 1, 2019; and
Return to:
McLeod&Murdock,Attorneys at Law
4420 Evans to Locks Rd.
Evans,Georgia 30809
LC
STATE OF SOUTH CAROLINA ) DEED OF DEDICATION
BERGEN PLACE WEST
COUNTY OF AIKEN ) PHASE IV
THIS INDENTURE,made and entered into this day of 2019,by and
between BEAZLEY DEVELOPMENT CO., INC., as the Party of the Fust Part, and CITY OF
NORTH AUGUSTA, South Carolina, a body politic and corporate and political subdivision of the State
of South Carolina, as the Party of the Second Part, whose address is P.O. Box 6400, North Augusta,
SC 29861-6400.
WITNESSETH:
Party of the First Part, for and in consideration of the Sum of One Dollar(S 1.00) in cash to it in
hand paid by the Party of the Second Part, the receipt of which is hereby acknowledge, at and/or before
the sealing and delivery of these presents, and other good and valuable considerations, has granted,
bargained, sold,released, conveyed and confirmed and by these presents does grant,bargain, sell,release,
convey and confirm unto the said Party of the Second Part, its successors and assigns, the fallowing
described property,to-wit:
SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF
The party of the Second Part, as part of the consideration for this conveyance, accepts this
conveyance of said streets,easements and storm water drainage areas and agrees to maintain the same as
part of its road and storm water systems and the acceptance of the delivery of these presents shall be
conclusive evidence of such agreement.
The within conveyance is subject, however, to the prior understanding and agreement of the
parties hereto that Grantee assumes no responsibility for extending lines beyond that which is shown on
the aforesaid maps or plans nor is Grantee required as its cost to extend any service lines to undeveloped
lots in this project, further that the Grantor(s) herein covenants and warrants to make no representation
verbal or written that Grantee at its cost will extend said service lines and or main lines beyond which are
presently existing,at the time of any written conveyance.
TOGETHER with all and singular,the rights,members,hereditaments and appurtenances to the
said premises belonging or in anywise incident or appertaining.
TO HAVE AND TO HOLD all and singular the premises before mentioned unto said
Grantee(s),their Heirs and Assigns forever.
AND the Grantor does hereby bind itself and its successors and assigns to warrant and forever
defend all and singular the said premises unto the said Crmntee, its successors and assigns against the
Grantors and its heirs successors and assigns,and all persons whomsoever lawfully claiming, or to claim
the same or any part thereof.
IN WITNESS WHEREOF,the said Party of the First Part has caused this Deed of Dedication
to be executed the day and year fust above written as the date of these presents.
Signed,sealed and del'vered Beazley Development Co.,Inc.
in th prese pe o : ,� r' s
I By: 7
i t itness Fitness Bill B.Beazley
As Its:President
N t P tblic _y S C"qM°ef
p�O:•••.. •eF tal
My commission expires: �—//s• f OTq • 'A t
(Notarial Seal) i01.m US or, °
1
01CG
t° 1q.COU... •NS=
STATE OF GEORIA )
COUNTY OF COLUMBIA )
I, / a Georgia notary public, do hereby certify that Bill B.
Beazley person ly appeared me this day and acknowledged the due execution of
the foregoing instrument.
Witness my hand and seal this the_day of ,2019.
@ t
��• OT �`OP�O
0 of Notary Public
f!'G'::an. 161:j O
tt�@�q•Co�NS`
AFFIDAVIT
STATE OF SOUTH CAROLINA
COUNTY OF AIKEN
PERSONALLY,appeared before me,the undersigned,who being duly sworn,deposes and says:
1. I have read the information on this affidavit and I understand such information.
The property being transferred is a bearing Aiken County,South Carolina Tax Map#portion of 001-12-03-001 and
106-10-01-000 is being transferred by Beazley Development Co.,Inc.to City of North Augusta,South Carolina on
December 27,2011.
2. Check one of the following:The Deed is:
(a) subject to the deed recording fee as a transfer for consideration paid or to be paid in
money or money's worth.
(b) subject to the deed recording fee as a transfer between a corporation,a partnership,or
other entity and a stockholder,partner,or owner of the entity,or is transferred to a trust
or a distribution to a trust beneficiary.
(c)_X exempt from the deed recording fee because: (Site the correct exemption#_2_)
(If exempt,skip items 3-5 and proceed to Item 6)
3. Check one of the following which applies to this conveyance.
(a) The fee is computed on the consideration paid or to be paid in money or money's worth in
the amount of$
(b) The fee is computed on the fair market value of$
(c) The fee is computed on the value established for tax purposes as$
4. Check Yes_or No X_ Alien or encumbrance is being assumed as purl of the conveyance. If
"Yes",the outstanding balance of the encumbrance is$
If a recorded mortgage is assumed(Recorded at Book Page.
5. The deed recording fee is computed as follows:
(a) The amount listed in Item 3 above:
(b) The amount listed in Item 4 above:
(c) Subtract line 5(b)from 5(a)
6. As required by Code Section 12-24-70,1 state that 1 am a responsible party connected with this conveyance as:
7. I understand that furnishing a false or fraudulent affidavit is a misdemeanor and upon convi., ,otYY s pumshablc
by a fine not more than one thousand dollars or imprisonment not more than one year,or bo
Responsible person W rected� �4 r nsaction
SW to befor is_day of 2019. '
evgaal
P tblic p OA...........A�91ee
Mission expires: "� i QT 1
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Exhibit"A"
All those strips or parcels of land, and appurtenances to said premises belonging or in anywise
appertaining therewith, situate, lying and being in Aiken County, South Carolina, in Bergen
Place West Subdivision, Phase IV, being 50' Rights of Way known as
, and as more particularly shown and described on
that certain plat of survey prepared by Southern Partners, Inc., for Beazley Development Co,
Inc., dated August 5, 2019, last revised on and recorded in Plat Book
. Page , in the Office of the RMC of Aiken County, South Carolina. Reference is
hereby made to said Plat for a complete and accurate description of said property hereby
conveyed.
ALSO, All and singular, those certain water distribution and sewage collection systems,
including but not limited to all pipes, mains, manholes, valves, meters and other improvements
and appurtenances in any way connected therewith, excluding service lines from the lot lines to
the improvements located thereon developed or extending within the lot lines of
undeveloped lots situate, lying and being in Aiken County, South Carolina, in Bergen Place West
Subdivision, Phase III, being more fully shown and designated on that "Storm Sewer As Built"
and "Sanitary Sewer As Built" prepared by Southern Partners, Inc. for Beazley Development
Co.,Inc.
ALSO, all water and sanitary sewer easements and appurtenances to said premises belonging or
in any way incident or appertaining as shown on the above referenced plats.
ALSO, all easements and appurtenances to said premises belonging or in any way incident or
appertaining,as show on the above referenced plats.
This being a portion of the same property conveyed to Beazley Development Co., Inc. by
deed of Metro Homesites,LLC,on May 23,2005, and being recorded in the Office of the
RMC in Aiken County, South Carolina, in Book 4012, Page 1662, and also being
recorded in the Office of the Clerk of Court in Edgefield County, South Carolina, in
Book 1002,Page 90.
Tax Map and Parcel:portion of 001-12-03-001 (Aiken County)and
a portion of 106-10-00-001 (Edgefield County)
MCLEOD &
ATTORNEYS
MMOCK
AT LAW
4420 Evans to LocksEoad
Evans,GeOPOa30809
PRfrf.r kMVARY
CERTIFICATION OF TITLE
All those strips ar pareels of land,and eppurtenanees to said premises belonging or in
anywise appertaining therewith, situate,lying and being in Aiken and Edgefield
Counties,South Carolina,containing 131.70 acres,more or less,as shown on that
certain plat prepared for Beazley Development Co.,Inc.,by Southern Partners,
Inc.,dated May 3,2005,and recorded in the Office of the RMC for Aiken County,
South Carolina,in Plat Book 49,Page 167,and also recorded in the Office of the
Clerk of Count for Edgefield County,South Carolina,in Judgment Roll#37764.
Reference is hereby made to said plat for a more complete and accurate
description as to metes,bounds and location of said property.
And any and all easemenu of record or otherwise appurtenant to including,but
not limited to,any specific Sewer Easements or otherwise from Lyndie C.Bergen
to Metro Homesites, LLC recorded in said RMC Office for Aiken County in Deed
Book 2514,Page 93,and Plat Book 49,Page 162.Reference is hereby made to said
easement for a more complete and accurate description as to metes,bounds and
location ofsaid easement.
LESSAND ERCEPf:
All those lots,tracts or parcels of land,with improvements thereon,situate,
lying and being in Aiken and Edgefield Counties,South Carolina,containing 39.0
acres, more or less, as shown and designated on a plat of survey for Phase One,
Bergen Place West Subdivision,by Southern Partners,Inc.,dated September 18,
2006, and last revised April 10, 2007, and recorded in the Office of the RMC for
Aiken County,South Carolina,in Plat Book 52,Pages 612-614,and also recorded in
the Office of the Clerk of Court for Edgefield County,South Carolina,in Judgment
Roll #38932, and also shown on a resubdivision plat of Lot #1-B and Common
Area,by Southern Partners, Inc. dated January 8, 2009,and last revised March
26,2oo9,and recorded in said RMC Office in Book 54,Page 576,and also recorded
in the Office of the Clerk of Court for Edgefield County,South Carolina, in Book
1233, Page 168. Reference is hereby made to said plats for a more complete and
accurate description as to metes,bounds and location of said property.
All those lots, tracts or parcels of land,with improvements thereon, alienate,
lying and being in Aiken County,South Carolina,containing 28.63 acres,more or
less,as shown and designated on a plat of survey for Phase II,Bergen Place West
Subdivision, by Southern Partners, Inc., dated December 20, Roil, and last
revised January 18,2012,and recorded in the Office of the RMC for Aiken County,
South Carolina,in Plat Book 56,Page 442,including Tract"A",0.07 acre,more or
less,to be abandoned by City of North Augusta,Tract M",o.o7 acre,more or less,
Wetlands of o.45 acre and 1.79 acres,more or less.Reference is hereby made to
said plat for a more complete and accurate description as to metes,bounds and
location of said property.
All those lots, tracts or parcels of land, with improvements tehreen, situate,
b'tng and being in Aiken County,South Carolina,containing 21.03 acres,more or
less,as shown and designated ou a plat of survey for Phase III,Bergen Place West
Subdivision,by Southern Partners,Inc.,dated May 31,2016,and recorded in the
Office of the RMC for Aiken County, South Carolina, in Plat Book 59, Page 416,
including 4.o5 acres,more or less of open space to be deeded to The City of North
Augusta.
ALSO,All those lots,tracts or parcels of land,with improvements thereon,situate,
lying and being in Aiken and Edgefield Counties,Somh Carolina,being more fully
described in the Deed of Dedication for Bergen Place West,dated June ss, 2007,
and recorded in the Office of the RMC for Aiken County,South Carolina,in Book
4166, Page 2279, and also being recorded in the Office of the Clerk of Court for
Edgefteld County,South Carolina,in Book 1145,Page 75.
Said properties conveyed subject to any and all applicable easements,restrictions
and rights ofway ofmcord to said RMC Office.
This being a portion of the same property conveyed to Beazley Development Co.,
Inc.by deed of Metro Homeskes,LLC,on May 23,2005,and being recorded in the
Office of the RMC in Aiken County,South Carolina,in Book 4012,Page 1662,and
also being recorded in the Office of the Clerk of Court in Edgefield County,South
Carolina,in Book tuna,Page 90.
Tax Map and Parcel:portion of 001-i2-o3-oo1(Aiken County)and
a portion of io6.10-00-ool(Edgefreld County)
I have examined the public records affecting title to the property described above. BASED UPON SUCH
E%AMIDIATION,and subject to the liens,encumbrances and other exceptions,marketable,fee simple title is
vested in
Beazley Development Co.,Inc.
Thebelowliens, restrictions,easements,encumbrances,and other exceptions apply,
L Errors shown by a plat of survey. The mad location on boundary Bees,unrecorded easements, and
other facts or conditions which would be disclosed by an accurate survey and inspection of the
property,or possible liens of laborers or raderialmen for improvemeat of the property,not filed for
record prium date;
2. The rights,if any,of persons who may be in possession under claims not appearing of record,or other
matters not of record, including any prescriptive rights or claims to removable fixtures, forgery,
insanity,orminorityofamaker;
3. Violation ofanYzoning ordmancesorrestrubre covenants;
4. All city,state,county,andsrhooltaxesfor2019 srenot Yet due and payable;
S. Mortgage from Bentley Development Co., Inc. to First Community Bank, dated May 31, 2018 and
recorded June 20, 2nig,in Record Book 4726 on page 1226 of the public records of Aiken County,
South Carolina, given to secure the original principal sum of $1,360,568.0o and also recorded in
Record Book 1692 on page 279 of the public recards of Edgefield County,South Carolina.
6. UCC Financing Statement in favor of First Community Bank,recorded in Records Book 4726 on page
1238,ofthe public records of Aiken County,South Carolina.
7. UCC Financing Statement in favor of First Community Bank,recorded in Records Book 1692 on page
291,ofthe public records of Edgefield County,South Carolina.
Title w erti5edfromtbeperiodbegmning May23,2oo5aadendin t8:30AM.on Augmt1,201q.
Mc]eo & mays at]aw
SDS/jn ro/v/21312
STATE OF SOUTH CAROLINA )
MAINTENANCE GUARANTEE
COUNTY OF AIKEN )
NAME OF SUBDIVISION: Bergen Place West, Phase IV
DEVELOPERIOWNER: Beazley Development Co., Inc.
DATE OF FINAL SUBDIVISION PLAT APPROVAL: October 4, 2019
MAINTENANCE GUARANTEE AMOUNT: $107, 000.00
WHEREAS, Beazley Development Co., Inc. has submitted a final plat for
Bergen Place West, Phase IV, prepared by Southern Partners, Inc., dated
August 5, 2019,.for 52 fee simple single-family lots situated in the City of North
Augusta, County and State aforesaid; and
WHEREAS, the North Augusta Planning Commission, meeting on
February 16, 2017, did grant major subdivision plan (preliminary plat) approval
for Bergen Place West, Phase IV, and the Director of Planning and Development
and the City Engineer signed the major subdivision plan on April 7, 2017; and
WHEREAS, the City Engineer has inspected the infrastructure
improvements for Phase IV and has duly certified that said improvements are, to
the best of his knowledge based upon such inspection, built to the City of North
Augusta design standards; and
WHEREAS, pursuant to §5.8.4 of the North Augusta Development Cade,
the Director of Planning and Development and the City Engineer approved the
final subdivision plat for recording on October 4, 2019; and
WHEREAS, the Director of Planning and Development and the City
Engineer recommend that the City accept from the developer a Maintenance
Guarantee to insure that proper workmanship and materials were in fact used in
regard to infrastructure improvements and to insure that, in the event of failure in
regard to said improvements for any reason except force majeure, the City would
have adequate funds necessary to return such improvements to an acceptable
condition.
NOW, THEREFORE, as security for the maintenance by the developer of
the infrastructure improvements as shown on the final subdivision plat for Bergen
Place West, Phase IV, as well as for any other improvements provided and
proposed to be granted to the City by deed of dedication in accordance with
Maintenance Guarantee — Bergen Place West, Phase IV Page 2 of 5
§5.8.5 of the North Augusta Development Code, the developer does hereby
guarantee the maintenance of the infrastructure improvements under and
pursuant to the following terms.
INFRASTRUCTURE IMPROVEMENTS SUBJECT TO THIS GUARANTEE
This Maintenance Guarantee shall extend to all infrastructure
improvements proposed to be deeded to, dedicated to, transferred or
otherwise assigned to the City of North Augusta by the developer. Such
improvements shall include, where applicable, the following but not be
limited to such specified improvements:
A. Streets and associated improvements;
B. Fire suppression elements of the water distribution system;
C. Sanitary sewerage collection system;
D. Stormwater collection system; and
E. Easements and rights of way for streets, sidewalks, sanitary
sewage and stormwater collection systems.
REPRESENTATIONS BY THE DEVELOPER
The Developer represents to the City of North Augusta that:
A. For a period of twenty-four (24) months from the approval of the
final plat, the improvements will not fail, for any reason, with the
exception of force majeure;
B. The Developer has submitted the Deed of Dedication and a
monetary guarantee, in the form of an Irrevocable Letter of
Credit in the amount of$107,000, in support of this Maintenance
Guarantee in accordance with §§5.8.4 and 5.8.5 of the North
Augusta Development Code within the specified time period;
C. The City Engineer for the City of North Augusta shall have full
and absolute discretion and authority in determining whether or
not a failure has occurred in regard to the infrastructure subject
to this Maintenance Guarantee.
REMEDIES IN THE EVENT OF DEFAULT
In the event that the City Engineer for the City of North Augusta, in his
sole discretion, determines that a failure has occurred, he shall provide
written notice of such failure to the developer with a request for the
immediate correction of said failure. In the event of failure by the
developer to make such repairs as necessary within sixty (60) days of
such written notice or within ten (10) days, in the event of such notice
being received during the last sixty (60) days covered by this Maintenance
Guarantee and letter of credit, the following conditions shall prevail:
Maintenance Guarantee— Bergen Place West, Phase IV Page 3 of 5
A. This Maintenance Guarantee shall be considered violated and
in default with the City having full right and authority to make
claims on the guarantee amount provided for herein.
B. The City may make claim against the full amount of the
monetary guarantee, until such time as the City is able to make
the necessary repairs to the infrastructure.
C. Following the completion of the repairs to the infrastructure to
the satisfaction of the City Engineer, any funds remaining from
the monetary guarantee shall be refunded to the developer.
D. The City is entitled to compensation, at a reasonable rate, for
any in-house services provided by the City for the purpose of
correcting failures or deficiencies to the infrastructure.
E. The City shall have full and absolute authority in regard to a
determination as to party or parties contracted with for the
purpose of making repairs as required.
(Signature pages follow)
Maintenance Guarantee — Bergen Place West, Phase IV Page 4 of 5
IN WITNESS WHEREOF, Beazley Development Co., Inc. has caused these
presents to be executed in its name by its duly authorized
this day of , 20
BY:
UT8kSS J)l t I I?F
-A z L C Y(please print)
ITS: U ✓�a t
INES
Maintenance Guarantee — Bergen Place West, Phase IV Page 5 of 5
ACCEPTED THIS 3041 DAY OF Oc66eY , 20lq .
City of Nop August
�`�4.mah� BY:
WITNESS B. odd GI
ITS: City Administrator
W ESS
JFirst 5455 Sunset Blvd, PO Box 64
commuoty Lexington,SC 29072 Lexington,SC 29071
Bank (803)951.2265 www.fistcommunitysc.com
Al1Il Fax(803)358.6900
IRREVOCABLE STANDBY LETTER OF CREDIT
Number 101-150
Credit Administration,5455 Sunset Boulevard,Lexington,S.C.29072
Beneficiary Applicant
City of North Augusta Beazley Development Co., Inc.
100 Georgia Avenue 7009 Evans Town Center Boulevard
North Augusta,South Carolina 29841 Evans,GA 30809
Issue Date: September 30,2019 Expiry Date: October 30,2021
To Whom It May Concern:
We hereby establish our 25-Month Irrevocable Letter of Credit("Letter of Creole') in favor of The City of
North Augusta available by draft drawn on First Community Bank at sight for any sum of money not to
exceed One Hundred Seven Thousand and No/100 US Dollars ($107,000.00) for Beazley Development
Co.,Inc. (hereinafter"Applicant")when accompanied by the following:
1. A written certificate executed by the appropriate and authorized City of North Augusta staff
stating that Applicant has failed to perform as agreed, and that the amount of said draft represents the
actual amount of funds due to you as a result of Applicant's failure to perform as contracted;
2. Draft must bear on its face the clause, "Drawn under Letter of Credit No. 101-150 dated
September 30, 2019;and
3. The original Letter of Credit,together with any amendment.
This Letter of Credit supports the infrastructure improvements under a Maintenance Guarantee for
Bergen Place West, Phase IV.
This Letter of Credit 1s valid until October 30, 2021, at 5:00 p.m. A Draft drawn hereunder, if
accompanied by documents as specified above,will be honored if presented to First Community Bank.
This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2007
Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or
amendment. This Letter of Credit is also governed by the laws of the State of South Carolina, except as
those laws conflict with UCP.
First Commu ank
By:
a Walker
ecutive Vice President
STATE OF SOUTH CAROLINA )
PERFORMANCE GUARANTEE
COUNTY OF AIKEN ) (Sidewalks/StreetTrees/Asphalt
Pavement for Temporary Cul-de-sac)
THIS AGREEMENT IS MADE AND ENTERED INTO this day of
2019 by and between Beazley Development Company, Inc.,
hereinafter known as "Applicant", and the City of North Augusta, hereinafter known as
"City". The designations Applicant and City as used herein shall include said parties,
their heirs, successors and assigns.
WITNESSETH:
WHEREAS, the Applicant has received approval for Applications PP17-001 and
PPM 18-001, a major subdivision plan and subdivision plan modification to construct
fifty-two (52) single-family homes in Phase IV of Bergen Place West subdivision, a
portion of Tax Parcel Numbers 001-12-03-001 and 106-10-01-000; and
WHEREAS, City approval of the major subdivision plan and modification required
site improvements of sidewalks, street trees, and asphalt pavement for a temporary cul-
de-sac in accordance with City development standards and the City Engineer estimates
the cost to construct these improvements in Phase IV to be $101,611.00; and
WHEREAS, the Applicant wishes to sell lots and construct homes in Phase IV
prior to completion of the remaining site improvements and the City requires assurance
that site improvements will be completed in a timely manner and in accordance with the
approved major subdivision plan; and
WHEREAS, pursuant to §5.8.6 of the North Augusta Development Code, the City
requires that the Applicant execute a Performance Guarantee supported by a letter of
credit or other form of monetary guarantee in the amount of one hundred twenty-seven
thousand, thirteen dollars and seventy-five cents ($127,013.75), representing one
hundred twenty-five percent (125%) of the estimated construction cost, to guarantee
completion of the remaining site improvements.
IT IS HEREBY AGREED AS FOLLOWS:
1. The Applicant has provided a monetary guarantee, in the form of a Letter of
Credit, in the amount of $127,013.75 which is valid for a period of twenty-five
(25) months from the date of acceptance; and
2. The Applicant will complete the remaining site improvements not later than
twenty-four (24) months following the effective date of this Performance
Guarantee in accordance with City development standards and the approved
specifications in the Applicant's major subdivision plan last revised on March
i
Performance Guarantee — Bergen Place West, Phase IV Page 2 of 4
14, 2017 and approved on April 7, 2017 and the modified major subdivision
plan approved April 12, 2018; and
3. The City Engineer shall regularly inspect the site improvement installation and
exercise reasonable discretion to determine if the site improvement
installation has been timely completed in conformity with City standards and
approved major subdivision plan specifications; and
4. The City Engineer, upon receipt of the Applicant's request to reduce the
monetary guarantee amount held by the City based on satisfactory partial
completion of required improvements during the twenty-four month
improvement installation period, shall have the discretion to approve and
implement said request; and
5. If the City Engineer approves the final inspection of the finished site
improvements either on a date earlier than the expiration of the Performance
Guarantee or at the time of the expiration of the Performance Guarantee, the
City shall acknowledge in writing that the Applicant has fully performed under
the terms of the Performance Guarantee and release the monetary
guarantee, provided that the Applicant has executed and the City has
accepted a twenty-four (24) month Maintenance Guarantee supported by a
letter of credit or other form of monetary guarantee in an amount equal to
fifteen percent (15%) of the cost of the improvements subject to this
Performance Guarantee; and
6. If the Applicant fails to provide the Maintenance Guarantee as required, the
City is authorized to exercise its right to draw upon the held monetary
guarantee in an amount equal to fifteen percent (15%) of the total in order to
guarantee the maintenance of the site improvements for a period of twenty-
four (24) months; and
7. If for any reason within the time limit established in Section 2 above, the
Applicant, upon written notice given thirty (30) days in advance by the City
Engineer, has not completed the installation of the remaining site
improvements, the following conditions shall prevail:
a. The City Engineer shall have full and absolute discretion and authority in
determining whether or not a failure or default has occurred under the
terms of this Performance Guarantee;
b. In the event the Applicant fails to timely complete installation of the
remaining site improvements in accordance with the approved major
subdivision plan, after receiving the notice provided for above, the City
shall have the right to make claims on the funds provided by the Applicant
to support the Performance Guarantee;
Performance Guarantee— Bergen Place West, Phase IV Page 3 of 4
c. In the event of a failure or default, the City reserves the exclusive right to
determine who may be retained to complete installation of the remaining
site improvements; and
d. Any excess funds over and above those needed to complete installation of
the remaining site improvements shall be refunded to the Applicant. The
determination of such excess is to be under the sole discretion of the City.
IN WITNESS WHEREOF, the undersigned have executed this instrument the
day and year above first written.
Beazley
/ /�
DDeevelopm Co., Inc.
By: J1� IY l
Ill )I A2 r y (please print)
As Its: P;C '
State of South Carolina
County of Aiken
On this day of , 20_, before me personally appeared
C3 I!tion who provided satisfactory evidence of his
identificato be th person whose name is subscribed to this instrument, and he
ackn ledged at cuted the foregoing instrument.
NotryPu Iic e.)U'6,
Aikea-Geunfy, Seeth-6at:eNaa
My commission expires: 1 - I to - X
Performance Guarantee — Bergen Place West, Phase IV Page 4 of 4
Accepted this 6,i day of M*6-r , 2012.
THE Zz/�'
N RRT AUGUSTA
By: .
B. TodGlov
As its: City Administrator
State of South Carolina
County of Aiken
On this 30* day of 0&66er , 20_R_, before me personally appeared B.
Todd Glover, North Augusta City Administrator, who provided satisfactory evidence of
his identification to be the person whose name is subscribed to this instrument, and he
ackno/wlledge�d� that he executed the foregoing instrument.
,e71A"KI 1X"RAhJ
Notary Public
Aiken County, South Carolina
My commission expires:
Sharon Lamar
Notary Public, State of South Carolina
My Commission Expires March 7,2028
JFirst 5455 Sunset BIM. PO Box 64
Community Lexington,SC 29072 Lexington,SC 29071
B (803)951.2265 www.fimtcommunit�c.com
F..(803)358.6900
IRREVOCABLE STANDBY LETTER OF CREDIT
Number 101-151
Credit Administration,5455 Sunset Boulevard,Lexington,S.C.29072
Beneficiary Applicant
City of North Augusta Beazley Development Co., Inc.
100 Georgia Avenue 7009 Evans Town Center Boulevard
North Augusta,South Carolina 29841 Evans,GA 30809
Issue Date: September 30,2019 Expiry Date: October 30,2021
To Whom It May Concern:
We hereby establish our 25-Month Irrevocable Letter of Credit("Letter of Credit") in favor of The City of
North Augusta available by draft drawn on First Community Bank at sight for any sum of money not to
exceed One Hundred Twenty-Seven Thousand Thirteen and 75/100 US Dollars ($127,013.75)for Beazley
Development Co.,Inc. (hereinafter"Applicant")when accompanied by the following:
1. A written certificate executed by the appropriate and authorized City of North Augusta staff
stating that Applicant has failed to perform as agreed, and that the amount of said draft represents the
actual amount of funds due to you as a result of Applicant's failure to perform as contracted;
2. Draft must bear on its face the clause, "Drawn under Letter of Credit No. 101-151 dated
September 30, 2019; and
3. The original Letter of Credit,together with any amendment.
This Letter of Credit supports the infrastructure improvements under a Performance Guarantee for
Bergen Place West, Phase IV.
This Letter of Credit is valid until October 30, 2021, at 5:00 p.m. A Draft drawn hereunder, if
accompanied by documents as specified above,will be honored if presented to First Community Bank.
This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2007
Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or
amendment. This Letter of Credit is also governed by the laws of the State of South Carolina, except as
those laws conflict with UCP.
First Comm n Bank
By:
k Walker
ecutive Vice President
-;�
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