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RES 2020-10 Adopted o RESOLUTION NO. 2020-10 ACCEPTING A DEED OF DEDICATION FOR THE STREETS, SANITARY SEWER STORMWATER COLLECTION AND FIRE SUPRESSION SYSTEMS AND ASSOCIATED EASEMENTS AND RIGHTS OF WAY,ALONG WITH A MAINTENANCE GUARANTEE AND LETTER OF CREDIT.FOR THE RETREAT AT WALNUT VILLAGE. PHASE I AND NORTHRIDGE DRIVE WHEREAS, The Retreat at Walnut Village, LLC developed The Retreat at Walnut Village, Phase I 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 January 14,2020 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 certain streets and utility easements,to include sanitary sewer lines and storm sewer lines, situate, lying and being in the City of North Augusta, County of Aiken, State of South Carolina,located in Phase I of the Retreat at Walnut Village Subdivision,to-wit: Outpost Drive, Whistle Stop Drive, and Passage Drive. Such Drives, sanitary sewer lines and easements as well as storm sewer lines and easements,that are transferred hereby, are as shown upon a plat of Phase I of The Retreat at Walnut Village prepared by H&C Surveying, Inc. dated October 7, 2019 and recorded in the office of the RMC for Aiken County, South Carolina in Plat Book 61 at page 843-844. 0 0 RESOLUTION ACCEPTING DEED OF DEDICATION— THE RETREAT AT WALNUT VILLAGE, PHASE I Reference is hereby made to say plat for a more particular description as to the metes,bounds and exact location of property. The utility easements conveyed me specifically referred to as Easements Numbered 1, 2, 3, 4, 5,6, and 9. This being a portion of the property conveyed to Raymond D. Brown by deed of Augusta Industrial Park, LLC, dated February 25, 2019, recorded in the Office of the RMC for Aiken County, South Carolina on February 27, 2019, in Record Book 4764 at pages 1888-1890. Tax Map and Parcel Number: Portion of: 010-14-04-022 And All that certain piece,parcel or tract of land, with the improvements thereon, situate, lying and being in the City of North Augusta, County of Aiken, State of South Carolina, consisting of the Right-of-Way of Northridge Drive. Such Right-of-Way extending from the Right-of-Way of Walnut Lane to property now belonging to Raymond D. Brown as part of the Development of Phase I of The Retreat at Walnut Village. Said property conveyed is shown on two separate plats. The majority of the conveyance which is shown upon a plat prepared for Meybohm Riverwood, LLC,prepared by H&C Surveying, Inc. dated September 15, 2017 and revised December 9, 2019, and recorded in the Office of the RMC for Aiken County, South Carolina in Plat Book 61 at page 843-844. Said Property is described on said plat as PARCEL 3 CONSISTING OF 40,499 SQUARE FEET/0.93 ACRES. The remaining portion of such Right-of-Way is shown upon a plat of Phase I of The Retreat at Walnut Village prepared by H& C Surveying. Inc. dated October 7, 2019, and recorded in the Office of the RMC for Aiken County, South Carolina in Plat Book 61 at page 909. Reference is hereby made to said plat for a more particular description as to the metes,bounds and exact location of property. The property being conveyed is identified as PARCEL 4, CONSISTING OF 6,202 SQUARE FEET/0.14 ACRES, and further identified as "Future Right- of-Way". a o RESOLUTION ACCEPTING DEED OF DEDICATION— THE RETREAT AT WALNUT VILLAGE, PHASE I This being a portion of the property conveyed to Meybohm Riverwood, LLC by deed of Meybohm Realty, Inc.,dated December 31, 2018, recorded in the Office of the RMC for Aiken County, South Carolina in Record Book 4760 at pages 2061-2063. TAX MAP AND PARCEL NUMBER: Portion of: 010-14-04-007 BE IT FURTHER RESOLVED that a Maintenance Guarantee and Irrevocable Letter of Credit in the amount of$88,500.00 me hereby accepted. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS And DAY OF AAsrch , 2020. OO Robert A. Pettit,Mayor ATTEST: ��OO N/'n01.6)U cy- 14VAk., Sharon Lamar, City Clerk RECORD PLAT _ - PHa ASE 1 THE RETREAT .e.-,.._ AT WALNUT VILLAGE WAIKI; CIXINtt. 5011M CAR'WNA1n ane y ... zSHEET 1 OF {S�y l0..l0-� �Rka .s r -nisa rI s-sma,.. EASEMENT OA TA II I © M+ASR-�. ,nman' � � I5 - ® _ aamerre c.aer.sgt o�%�. HE LAUREL .sax..vna.+'�a SO RIW OO �ui�9 � `�we� _ I a ---- --- ~I� ---- -J' S p t O m e® O � 5 £ O4a amxce6 �I WDRNE WHISTLE STOP ^W 5p' RAW " •Im ,,. I I I 10 —II I iiiel ---- ------ ._ I`_ .I I ! 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NONTY mw ME2017031M A. 1a+uon aIle Ru m d BI( ma q '1iA � xsrwmaT�ssc ® vcO 2.N1 ^� PARCEL 2 _ 39,895 Sq Ft ¢mo 3 5k. I ms. 0.92 Ac. za 50' MDE FUTURE ACCESS R/WX. vlR rle:cvs c ff a Aw my a w/oro-1,-a-mz A 1-11 • _ Af1AYpl,9rA[IY.NG A -uv.xx -" ®�"�°� ce i59r Fe BTB wnlV \ APoilan O'M/0/6/i#M) • -znra.an m.¢ KW N�54 XW m -SWIM'WVYE A- zsd.m N/TM R 15MX N1RS LLC m.sm ariu� ppIOO O © ,Ey O /0100 rs - A'y fn ,uc W/010'-&-" .00 R/W' � GENERAL NOTES o PARCEL 1 _ 503,206 Sq Ft __ _ A. J (D --------� 11.55 AT „ ' wnM.h�m.un sca.nom..cao..w. 0�xO1� Ya pwa, NIr I , q9 i$9I iG e� I � I II > -y i I ' III�uI LLLLL �S OO b 1 sky i2 N/f aaK ttcv Mex n"Ie,,,itYvLt OO E Ik reuasn9sz ay4 PARCEL 2\ Oa T�mq. esee DATA AT mo�.l c Ai ib PLAT ,msD:aq c THE ER TREAT .. AT m„ WALNUT NLLAGE, LLC 14,J I. L I. AAYCN CdbVTY. SIX/1N CAMI/A ` v NIra A[YIXYL.�A(T,,NC ' ° mT a y" mr'ur<weMec'm am y�H.In� S. O` m,sw xea iii �+w © avaemrvanR/oral,-a-mz iii �"'� /595 w„„aus, .civ::+� 0 0 STATE OF SOUTH CAROLINA ) DEED OF DEDICATION COUNTY OF AW" ) FOR PHASE I THE RETREAT AT WALNUT VILLAGE THIS INDENTURE, made and entered into this /51 day of v.+,z , 2020, between Raymond D. Brown, as party of the First Part; and the 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 Second Part; A7TNESSETH That the party of the First Part for and in consideration of the sum of One and 00/100 ($1.00)Dollar,the receipt and sufficiency of which are hereby acknowledged,and other valuable consideration to hereinafter described, has granted, bargained, sold, conveyed, released and confirmed and by these presents do hereby grant, bargain,sell,release,conveyed and confirm,to the Party of the Second Part, its successors and assigns,the following described property,to-wit: All those certain streets and utility easements, to include sanitary sewer lines and storm sewer lines,situate,lying and being in the City of North Augusta,County of Aiken,State of South Carolina,located in Phase I of the Retreat at Walnut Village Subdivision,to-wit: Outpost Drive,Whistle Stop Drive and Passage Drive. Such Drives, sanitary sewer lines and easements as well as storm sewer lines and easements,that are transferred hereby, are as shown upon a plat of Phase I of The Retreat at Walnut Village prepared by H & C Surveying. Inc. dated October 7, 2019,and recorded in the Office of the RMC for Aiken County,South Carolina in Plat Book &I at page g y3 4-Reference is hereby made to said plat for a more particular description as to the metes,bounds and exact location ofproperty. The utility easements conveyed are specifically referred to as Easements Numbered 1,2, 3,4,5,6 and 9. This being a portion of the property conveyed to Raymond D. Brown by deed of Augusta Industrial Park, LLC dated February 25, 2019,recorded in the Office of the RMC for Aiken County, South Carolina on February 27,219,in Record Book 4764 at pages 1888-1890. TAX MAP AND PARCEL NUMBER: Portion of: 010-14-04-022 Page 1 of 3 TOGETHER, with all and singular, the rights, members, hereditaments and appurtenances to the said premises belonging or in anywise incident or appertaining. 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 a part of its road and storm water systems and the acceptance of the delivery of these presents shall be conclusive evidence of such agreement. TO HAVE AND TO HOLD all and singular the premises before mentioned unto the said City of North Augusta, its successors and assigns, forever. WITNESS,the hand and seal of the party of the First Part this 75 day of u 2020. _L_ WITNESS (1) RA. ' ►• )D.BROWN .— :SS(2) STATE OF SOUTH CAROLINA COUNTY OF AIKEN PERSONALLY appeared before me and made oath that he/she saw the within named Raymond D. Brown, sign, seal and as his act and deed, deliver the within written Deed of Dedication, and that he/she with the other witness subscribed above, witnessed the execution thereof. SWORN TO BEFORE ME THIS \ 5 DAY OF 3bKAA __,2020. WITNESS (1) NOTARY PUBLIC MY COMMISSION EXPIRES: Feat S ze -/ AFFIX SEAL Page 2 of 3 fl O Accepted by: CITY OF NORTH AUGUSTA BY: ROBERT A.PETTIT ITS: MAYOR BY: SHARON LAMAR ITS: CITY CLERK WITNESS(I) WITNESS(2) STATE OF SOUTH CAROLINA COUNTY OF AIKEN PERSONALLY appeared before me and made oath that he/she saw the within named Robert A.Pettit and Sharon Lamar,sign,seal and as their act and deed,deliver the within written Deed of Dedication,and that he/she with the other witness subscribed above, witnessed the execution thereof. WITNESS(1) SWORN TO BEFORE ME THIS DAYOF ,2019. NOTARY PUBLIC MY COMMISSION EXPIRES: AFFIX SEAL Page 3 of 3 LAW OFFICES OF DONALD H. WHITE A PROFESSIONAL CORPORATION License)in Georgia and South Carolina 924 Stevens Creek Road,Suite 101 511 W.Manintown Road Augusta,Georgia 30907 North Augusta,SC 29841 (706)860-6810 (803)202-0212 (706)860-1549 Fax E-Mail:don@donwhitelaw.com www.donwhitelawxom January 13,2020 City of North Augusta Planning and Zoning Department 100 Georgia Avenue, Second Floor North Augusta, South Carolina 29841 Re: The Retreat at Walnut Village,Phase I Title Certification for The Retreat at Walnut Village,Phase I ATTORNEY'S CERTIFICATE OF TITLE I am an attorney admitted to practice law in the State of South Carolina. The opinion set forth in this Certificate of Title may be relied upon only by the City of North Augusta, South Carolina, its successors and assigns, and its legal counsel, but no other party without my prior written consent. 1 certify that an examination has been made of the pertinent public records duly indexed and filed in the office of the Clerk of Court, Register of Deeds, Judge of Probate(in the event title passed by descent or devise) and Treasurer's Office for Aiken County and the City of North Augusta, as of January 10, 2020, at 5:00 p.m., which affects the title to the real property described on Exhibit"A"attached hereto and based upon such examination(expressly excluding matters not shown by records herein listed), it is our opinion that Thomas Place Development, LLC, a limited liability company organized under the laws of the State of South Carolina, has a marketable, fee simple, recordable title thereto free and clear of all liens and encumbrances, except as set forth in Exhibit`B"attached hereto and made a part hereof for all purposes. Donald IL Wfiite,P Q 1 By. Donau W'Ipte , Attorney at Law S.C.Bar No. 6273 EXHIBIT"A" All that tract or parcel of land, with improvements thereon, situate, lying and being in the State of South Carolina, County of Aiken, City of North Augusta, designated as "PARCEL 1", consisting of 11.55 acres [503,206 SQ.FT.], all as shown on a plat dated September 15, 2017, prepared by H&C Surveying, Inc., and recorded on December 15, 2017, in the Office of the R.M.C. for Aiken County, S.C., in Plat Book 60,page 342; reference being made to said plat for a more complete and accurate description of the property hereby conveyed. This conveyance is made subject to those Permitted Encumbrances attached hereto, as Exhibit ..B„ Derivation: This is the same property conveyed to Raymond D. Brown by Deed of Augusta Industrial Park, LLC, dated February 25, 2019, and recorded in Deed Book 4764, pages 1888- 1890, in said RMC Office. MaplParcel No. 010-14-04-022 PERMITTED ENCUMBRANCES EXHIBIT"B„ 1. County of Aiken taxes for tax year 2020, which are accruing but not yet due and payable. Comity of Aiken taxes for previous years are paid with no delinquency noted of record. 2. City of North Augusta taxes for tax year 2020, which are accruing but not yet due and payable. City of North Augusta taxes for previous years are not owed. 3. Any inaccuracy in the area, square footage, or acreage of land described in the recorded plat, if any. This title opinion does not represent or guarantee the accuracy of the area depicted in the plat. 4. Rights of upper and lower riparian owners in and to the free and unobstructed flow of any water extending through the land,with diminution. 5. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 6. All tax FIFA's, if any, against any property that does not include the within described property. 7. Any title to any portion of the property within a public right of way. 8. The operation and effect of any and all pertinent zoning ordinances or building restrictions, health department regulations, and regulations of any other governmental bodies or agencies. 9. Any claims or interests acquired through bankruptcy proceedings and/or any defects in title arising out of bankruptcy proceedings. 10. Easement in favor of South Carolina Electric& Gas Company dated November 22, 1968, and recorded in Misc. Book 125,page 271, Aiken County records. 11. Drainage Easement in favor of South Carolina Highway Department dated October 5, 1976, and recorded in the RMC of Aiken County,in Misc.Book 222,page 27. 12. Easement in favor of South Carolina Electric & Gas Company dated October 23, 1979, and recorded in the RMC of Aiken County,in Misc. Book 286,page 287. 13. Easement for utilities dated February 28, 2003, and recorded in the RMC of Aiken County,in Record Book 1179,page 49. 14. Easement in favor of the City of North Augusta, dated August 24, 1992, and recorded in the RMC of Aiken County, in Record Book 1456, page 41. 15. Easement in favor of Assisted Living Concepts, Inc. dated December 11, 1997, and recorded in the RMC of Aiken County,in Record Book 1735,page 253. 16. Easement in favor of Assisted Living Concepts, Inc. dated December 11, 1997, and recorded in the RMC of Aiken County,in Record Book 1735,page 256. 17. Easement in favor of City of North Augusta, dated June 16, 2009, recorded in the RMC of Aiken County,in Record Book 4281,page 1359. 18. Easement in favor of Dominion Energy South Carolina, Inc. dated December 17, 2019, and recorded in the RMC of Aiken County,in Record Book 4820,page 1042. 19. Matters occurring subsequent to the inclusive dated of title examination. 20. Matters which would not be revealed by a review of the public records regarding a proposed purchaser/borrower,who is not a current owner of the property. 21. Compliance with any local, county, state or federal government law or regulation relative to environment, zoning, subdivision, occupancy, use, construction or development of the subject property. 22. Judgments, liens, and proceedings filed only in Federal Court. (Upon the filing of a petition in Bankruptcy,title to real property vests in the Trustee in Bankruptcy and notice thereof is not always required to be filed in the County in which the Bankrupt debtor owns property; federal condemnation proceedings may vest property in the Federal Government.) 23. Interests or claims not disclosed by public records, including but not limited to: (a) Unrecorded mechanics or materialmen's liens. (Liens may be filed by persons or entities furnishing labor or materials to any improvements on real property within 90 days of performance or furnishing of materials.) (b) Unrecorded leases. (c) Matters that may defeat or impair title which do not appear on record. (d) Taxes, Special Assessments and other governmental charges that are not shown as existing liens by the public records. (e) Civil actions where no notice of lis pendens appears of record. 0 0 'STATE OF SOUTH CAROLINA ) DEED OF DEDICATION FOR NORTHRIDGE DRIVE RELATED COUNTY OF AMEN ) TO THE DEVELOPMENT OF PHASE I THE RETREAT AT WALNUT VILLAGE THIS INDENTURE, made and entered into this 14_._ day of , 2020, between Meybohm Riverwood, LLC, as party of the First Pert; and the 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 Second Part; WITNESSETH. That the party of the First Part for and in consideration of the sum of One and 00/100 (51.00)Dollar,the receipt and sufficiency of which are hereby acknowledged,and other valuable consideration to hereinafter described, has granted, bargained, sold, conveyed, released and confirmed and by these presents do hereby grant.bargain,sell,release,conveyed and confirm,to the Party of the Second Part,its successors and assigns,the following described property,to-wit: All that certain piece,parcel or tract of land,with the improvements thereon,situate, lying and being in the City of North Augusta, County of Aiken, State of South Carolina,consisting of the Right-of-Way of Northridge Drive. Such Right-of-Way extending from the Right-of-Way of Walnut Lane to property now belonging to Raymond D.Brown as part of the Development of Phase I of The Retreat at Walnut Village. Said property conveyed is shown on two separate plats. The majority of the conveyance which is shown upon a plat prepared for Meybohm.Riverwood, LLC, prepared by H & C Surveying, Inc. dated September 15, 2017 and revised December 9,2019,and recorded in the Office ofthe RMC for Aiken County,South Carolina in Plat Book &i_ _ at page9�9 Said Property is described on said plat as PARCEL 3 CONSISTING OF 40,499 SQUARE FEET/0.93 ACRES. The remaining portion of such Right-of-Way is shown upon a plat of Phase I of The Retreat at Walnut Village prepared by H&C Surveying. Inc, dated October 7, 2019,and recorded in the Office of the RMC for Aiken County,South Carolina in Page 1 of 4 Plat Book_(jL at page tc4 3 Reference is hereby made to said plat for a more particular description as to the metes,bounds and exact location of property. The property being conveyed is identified as PARCEL 4,CONSISTING OF 6,202 SQUARE FEET/0.14 ACRES, and further identified as "Future Right-of-Way". This being a portion of the property conveyed to Meybohm Riverwood, LLC by deed of Meybohm Realty,Inc.,dated December 31,2018,recorded in the Office of the RMC for Aiken County, South Carolina in Record Book 4760 at pages 2061- 2063. TAX MAP AND PARCEL NUMBER: Portion of 010.14-04-007 TOGETHER,with all and singular,the rights,members, hereditaments and appurtenances to the said premises belonging or in anywise incident or appertaining. 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 a part of its road and storm water systems and the acceptance of the delivery of these presents shall be conclusive evidence of such agreement. TO HAVE AND TO HOLD all and singular the premises before mentioned unto the said City of North Augusta,its successors and assigns,forever. Page 2 of 4 WITNESS,the hand and seal of the party of the First Part this A day of_�V ,2020. MEYBOHMN RIVERWOOD,LLC ' 12� �',� lam- T I -- WITNESS(1)-�. BY: ..�dwa.A C,... N�qQ,k, , ITS: Member/Manager WITNESS (2) STATE OF SOUTH CAROLINA COUNTY OF AIKEN PERSONALLY appeared before me and made oath that he/she saw the within named Meybobm Riverwood, LLC, by its duly authorized officer, sign, seal and as its/his/her act and deed, deliver the within written Deed of Dedication, and that he/she with the other witness subscribed above,witnessed the execution thereof. ///� J//� ZiP 'C& l..! 'C.�WITNESS(1) UP03ES: . _l 2. Z•-I AFFIX SEAL anHu uPLEY NOTARY PUSUO SOUTH CAROUNA MY COMMISSION EXPIRES 12P12ll028 Page 3 of 4 Accepted by: CITY OF NORTH AUGUSTA BY: ROBERT'A.PETTIT ITS: MAYOR BY: SHARON LAMAR ITS: CITY CLERK WITNESS (1) WITNESS (2) STATE OF SOUTH CAROLINA COUNTY OF AIKEN PERSONALLY appeared before me and made oath that he/she saw the within named Robert A. Pettit and Sharon Lamar,sign,seal and as their act and deed,deliver the within written Deed of Dedication,and that he/she with the other witness subscribed above, witnessed the execution thereof. WITNESS(1) SWORN TO BEFORE ME TIES DAY OF ,2019. NOTARY PUBLIC MY COMMISSION EXPIRES: AFFIX SEAL Page 4 of 4 O O nij KLt751NSKl OVERSTREET 1229 Augusta Wast Parkway Augusta,aA30909 ATTORNEYS AT LAW n,706.963.2255 rn 106.863.5665 January 13,2020 City of North Augusta To Whom It May Concern: Re: Preliminazy Opinion as to Title to Real Properly located at 0.92 Acre,North Augusta,Aiken County, South Carolina Weare providing a preliminary Title Opinion pursuant to your request. We certify that as of January 2,2020,based on the indices to the public records pertaining to real estate maintained by the Register of Deeds for Aiken County, South Carolina, Meybohm Riverwood, LLC has fee simple title to the property more particularly described in the attached Exhibit A,being subject only to the following exceptions: 1. Such state of facts as would be disclosed by a current and accurate survey of the premises. 2. The lien of state,county and city ad valorem taxes for 2020 and subsequent years, which are a lien but not yet due and payable. 3. Liens for improvements which are unrecorded and made within 90 days next preceding the date of this letter;rights of party in possession,if any;and all other matters which are not of public record which would be disclosed by a visual inspection of the premises. 4. Any claims or rights of any other person or persons not appearing as matters of record including rights of person in possession of property claiming adversely to record owner. 5. Easements granted to utility companies for the erection and placing of poles and the strings of wire,together with the incidental rights of clearing and inspection, 6. Right-of-Way Deeds in favor of governmental authorities for the purpose of constructing mads and roadways. 7. Any bankruptcy proceedings affecting the title to said property. klosinski.com 8. Any zoning laws or land use restrictions of said county and/or municipality. 9. Riparian rights of owners of property adjacent to any river,stream,branch,or any other waterway flowing into, arising or flowing from, or flowing through the subject property. 10. The names of married women as they appear in the chain of title and as furnished to the examining attorney;and such matters affecting title which are not indexed in such a manner that a reasonable prudent search would have revealed to the examiner. 11. No opinion rendered as to compliance with state and federal Interstate Land Sales Act,consumer credit protection,truth-in-lending laws,or any similar acts or laws; or compliance with any state or federal statutes or regulations as respects any potential environmental hazard or contamination of the property. 12. Any and all applicable easements and restrictions of record. 13. This letter excepts to any errors contained herein based on errors and omissions of court clerks and court employees and as to any matters incorrectly indexed or incorrectly recorded. 14. Ten(10) foot permanent utility easement reserved over and centered,on all utility lines, pipes or swales as shown on plat of survey prepared by H & C Surveying, Inc. dated October 7,2019 or as built. 15. Five(5) foot pedestrian easement reserved along each side line of all blocks. 16. Utility easements as shown on the above referenced plat. 17. Drainage easements as shown on the above referenced plat. 18. Ingress-egress easements as shown on the above referenced plat. 19. Temporary easement tum-around as shown on the above referenced plat. 20. Twenty-five(25)foot green belt buffer as shown on the above referenced plat. 21. Grant of Easement by and between Meybohm Realty, Inc. and Augusta Industrial park,LLC dated January 25,2018 and recorded in Book 4712,Pages 367-370. This letter makes no representation as to the condition of the land or its suitability for the purposes for which the land is being used at present.This letter is intended for the purpose of identifying the legal owner of said property,and any encumbrances of retard in the County where the property is located which exist as of the date stated above. This preliminary opinion is based on the assumption that any documents of record upon which we have relied have each been duly authorized,properly executed,witnessed and delivered in accordance with the laws of the State of South Carolina.This opinion is delivered solely for your benefit,and for the benefit or your successors and assigns and such regulatory agencies having jurisdiction over you. Should you have any questions,please feel free to contact me. very try yours, J/ / Scott J.Kloaineid SJK/cja EXHIBIT A PROPERTY DESCRIPTION All that certain tract or parcel of land,with any improvements thereon,situate,lying and being located in the City of North Augusta,Aiken County, South Carolina containing 0.92 acre and being shown and designated as Parcel 2 on a plat prepared by H&C Surveying,Inc. dated September 15,2017 and recorded in the Aiken County R.M.C. Office on December 14,2017 in Plat Book 60,Page 342;reference being hereby made to said plat for a more complete and accurate description as to the metes,bounds and location of said property. TMS: Portion of 010-1404.007 STATE OF SOUTH CAROLINA ) ) MAINTENANCE GUARANTEE COUNTY OF AIKEN ) NAME OF SUBDIVISION: The Retreat at Walnut Village DEVELOPER/OWNER: The Retreat at Walnut Village, LLC DATE OF FINAL SUBDIVISION PLAT APPROVAL: January 14, 2020 MAINTENANCE GUARANTEE AMOUNT: $88,500.00 WHEREAS, The Retreat at Walnut Village, LLC has submitted a final plat for The Retreat at Walnut Village, Phase 1, prepared by H&C Surveying, Inc., dated October 7, 2019, for 27 townhouses situated in the City of North Augusta, County and State aforesaid; and WHEREAS, the North Augusta Planning Commission, meeting on May 17, 2018, did grant major subdivision plan (preliminary plat) approval for The Retreat at Walnut Village, and the Director of Planning and Development and the City Engineer signed the major subdivision plan (preliminary plat) on July 12, 2018; and WHEREAS, the developer developed the approved major subdivision plan for The Retreat at Walnut Village; and WHEREAS, the City Engineer has inspected the infrastructure improvements 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 Code, the Director of Planning and Development and the City Engineer approved the final subdivision plat for recording on January 14, 2020;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. C Maintenance Guarantee—The Retreat at Walnut Village Page 2 of 5 NOW, THEREFORE, as security for the maintenance by the developer of the infrastructure improvements as shown on the final subdivisionplat for The Retreat at Walnut Village, Phase 1, as well as for any other improvements provided and proposed to be granted to the City by deed of dedication in accordance with §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 specked improvements: A. Streets; 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 and potable water, sanitary sewage and stonnwater 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 $88,500.00, 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 Maintenance Guarantee—The Retreat at Walnut Village Page 3 of 5 developer to make such repairs as necessary within sixty (50) days of such written notice or within ten (10) days, in the event of such notice being received during the last sixty (50) days covered by this Maintenance Guarantee and letter of credit, the following conditions shall prevail: 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 —The Retreat at Walnut Village Page 4 of 5 IN WITNESS WHEREOF, The Retreat at Walnut Village, LLC has caused these presents,q be executed in its name by its duly authorized Managing Member this ``77 day of , 20.&D. BY: WITNE rwLtCYFv,' CHARLES T. BLACKSTON , ITS: MANAGING MEMBER WITNESS / �y,µJ�y� C Maintenance Guarantee —The Retreat at Walnut Village Page 5 of 5 ACCEPTED THIS _ DAY OF , 20_. City of North Augusta BY: WITNESS RACHELLE MOODY ITS: INTERIM CITY ADMINISTRATOR WITNESS IRREVOCABLE LETTER OF CREDIT Borrower: The Retreat at Walnut Village, LLC Lender: South stat.Dank 1667 W Martini Rd Augusta Whaslor Road North Augusta,SC 29080 2440 Mall Drive PO Box 118068 Charleston,SC 29423-9910 Beneficiary: The City of Noah Augusta 100 Georgia Avenue North Augusta,SC 29841 NO.: 1388 EXPIRATION OATS. This letter of credit shall expire upon the eadler of the Gose of business on 01-19-2022 and all drafts SM accompanying statements or documents must be presented to Lender an or before that time, or the day that Lender honors a draw under which the full amount of this Letter of Credit has Dean drawn(the"Explratlon Dale). AMOUNT OF CREDIT. Lander hereby establishes at the request and for the amount of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of Eighty-eight Thousand Five Hundi& 001100 Dollars ($88,500.00) (the "Letter of Credll"). These funds shall be made available to Beneficiary upon I.Mder's recelpt from Senef tory of sight drafts drawn on Lander at Lendels address Indicated above(or other such address that Lender may provide Beneficiary In writing) during regular business hours and accompanied by the algnM written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS IETIER OF CREDIT AT ONCE. IF YOU FEB. UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE,YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN, DRAFT TERMS AND CONDITIONS. LaMar shall honor drafts submitted by Beneficlary under the following terms and conditions: t.The original Letter of Credit,together with and amendments. 2. Sight draft drawn by Beneficiary on Lender 3.A signed statement by Beneficiary Including Ne following statement:"Borrower has failed to perform as agreed.' Upon Lenders honor of such drafts,Lender shall be fully discharged of Lenders obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Chat has been drawn. Beneficiary shell have no reaoume against LaMar for any amount paid under this Letter of Credit once Leader has honored any draft or Omer document which complies strictly with this Letter of Capt. and which on Its face appleero otherwise in order but which Is signed, issued,or presented by a party or under the name of a party purporting to act for Beneficiary, Purporting to claim through Beneficiary, or posing as Ben yll without Beneftclary's outhorizatlan. By paying an amount demanded in accordance with this Letter of Cretlit. Lender makes M representation as to the correctness of the amount demanded and Lentler shall not be liable to Beneficiary, or any other person,for any amount paid or disbursed for any memo whatsoever,Including,without limitation,any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary eedMes that Beneflcl has not and will not present upon the other,unieas and until Beneficiary moots with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary In excess of the Letter of Call maximum drawing amount. USE RESTRICTIONS. All drafts must be marked "DRAWN Ulfd Q South State Bank IRREVOCABLE LETTER OF CREDIT NO, 1388 DOTED 01-16-2020,"and the amaum of eeM draft With be marred on We draft. Gary Benerclary My complete a draft and accompanying statements or docurreMs mouthed by this Letter of Credit and make a draw under this Letter of Credit This original Latter of Cretlit must accompany any draft drawn remainder. Partial draws are permitted under this Letter of Credit Lenders honor of a partial draw shall correspondingly reduce the amount of moo It available uMar this Letter of Credit. Following a paNel draw,lender shall realm this original Letter of Credit to Beneficary,with the partial draw noted hereon;In the alternative, and in its sole Macmillan Lender may Issue a substitute Letter of Choice to Bermodary,In the amount Shown above,leas any partial oral. PERMITTED TRANSFEREES. The right to draw under this Lester of Credit shall be nontransferable,except for: A. A transfer (In Its entirely, but not In part) by direct operation of law to the administrator, executor, bankruptcy trustee, receiver, Squall Successor,m other representai ve at law of the original Beneficiary:and B. The first Immediate transfer(in its entirety, but not In par) by such legal representative to a third parry after express approval of e governmental body(judicial,administrative,or executive). TRANSFEREES REWIRED DOCUMENTS. When the presenter is a promMed transferee (I) by operation of law or (ii) a third pant receiving transfer from a legal representative, as described above,the documents required for a draw Shall Include a conifled copy of the one or more documents which show the presenters authority to claim through onto act with authodsy for the original Beneficiary. COMPLIANCE BURDEN. LaMar is not responsible for any Impossibility or other difficulty In achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (I)that unless and until the present wording of this Letter of Credit Is amended with Lenders prior within consent, Ne burden of complying strictly with such wording remains solely upon Beneficiary, and(h)that LaMar Is relying upon the lack of such amendment as constltuting Reneficiary's Initial and continued approval of such wording. NON4EVERABILITY. If any draped of this Letter of Crew Is ever decided urlslfod a for and reason by any court or govemmemal body having judsdieion, Lenders entire engagemeral under this Letter of Cretlit shall ber deerrei nWI and void ab Who, and both Lendler and Benefieary shell be reetorad to the posifion each would have aecepied with NI dghis available as though this Letter of Credit had never occurad. This non-etwerebllily provision shag owmde all other provisions in this Letter of Crede, ro matter where such pdoNelon appears within Me Letter of Credit. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the taws of the State of South Comma without regard to Its oriental of law provisions,and except to the extent Such laws are inconsi %m with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, ICC Publication No.600. This Agreement had been accepted by Lender In We State of South Carolina. EXPIRATION. Lentler hereby agrees with Beneficiary that drafts drawn under and In compliance with the terms of this Letter of Credit will be duly honored If presented to LaMar on or before the Expiration Data unless otherwise provided for above. IRREVOCABLE LETTER OF CREDIT Loan No: 12467002 (Continued) Page z Dante:January 78,2070 LENDER: BOUT ATE BANK _1I) A Blgnar ENDORSEMENT OF DRAFTS DRAWN: Amount Amount Date N In Wanis In FI