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ORD 2020-13 Adopted aaaa o ORDINANCE NO. 2020-13 AN ORDINANCE GRANTING EASEMENTS TO DOMINION ENERGY SOUTH CAROLINA INC. FOR PLACEMENT OF FACILITIES IN HAMMOND'S FERRY WHEREAS, Dominion Energy has indicated to the City its intent to install underground electric utilities to improve service reliability to its customers in Hammonds Ferry; and WHEREAS, as part of the construction, Dominion Energy has requested that the City grant to it easements upon and across City property that would allow for the placement of equipment necessary for the provision of such electric service; and WHEREAS,the Mayor and City Council have reviewed this matter,to include the proposed Deed of Easement and find that it is in the best interest of the citizens of North Augusta that such easement be granted. NOW,THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof,that: I. The City grants to Dominion Energy South Carolina, Inc. an easement over and across City property known as Tax Parcel Numbers 007-13-01-001,007-13- 11-010,and 003-08-07-003. II. The City Administrator is hereby authorized to execute the Deed of Easement and any other documents necessary in order to complete this matter. III. This Ordinance shall become effective immediately upon its adoption on the second and final reading. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS/A DAY OFMo�,2020.First Reading: O.Z�3 "60 Second Reading: 18 M9 ACA6 Robert A. Pettit, Mayor ATTesT: L �VM-4� Sharon Lamar, City Clerk Easement # 900350 INDENTURE, made this 18* day of2020 by and between City of North Augusta, a municipal corporation organized and existing under the laws GlFhe State of South Carolina ofthe County of Aiken and State of South Carolina, hereinafter called"Grantor" (whether singular or plural), and DOMINION ENERGY SOUTH CAROLINA, INC., a South Carolina corporation,having its principal office in Cayce,South Carolina,hereinafter called"Grantee". WITNESSETH: That, in consideration of the sum of One Dollar($1.00)received from Grantee, Grantor, being the owner of land situate in the County of Aiken,State of South Carolina,hereby grants and conveys to Grantee, its successors and assigns,the right to construct, extend,replace,relocate,perpetually maintain and operate an overhead or underground electric line or lines consisting of any or all of the following: poles,conductors, lightning protective wires,municipal,public or private communication lines, cables, conduits, pad mounted transformers, guys, push braces and other accessory apparatus and equipment deemed by Grantee to be necessary or desirable, upon,over, across,through and under land described as follows: three tracts or lots of land containing 47.65 acres,0.10 acre, and 63.5 acres, more or less, and being the same lands conveyed to Grantor by deeds of Judith H. McCarthy, f/k/a Judith Bright Haskell,et al.,North Augusta Riverfront Company,LLC,and Central of Georgia Railroad Company,dated or recorded 12/102001, 1/19/2018, 12/30/1988, and filed in the Register of Deeds office for Aiken County in Deed Book 2154 at Page 41, Record Book 4700 at Page 1887,and Deed Book 1073 at page 140,respectively. Right-of-Way for underground facilities is granted to extend along and adjacent to Fulton Street and continues across the Greenway until it reaches Grantee's existing overhead power line at Alta Vista Avenue. All is shown more fully on Grantee's drawing labeled C-83757,referenced only. TMS:007-13-01-001,007-13-11-010,and 003-08-07-003 I Together with the right from time to time to install on said line such additional lines, apparatus and equipment as Grantee may deem necessary or desirable and the right to remove said line or any part thereof. Together also with the right(but not the obligation) from time to time to trim, cut or remove trees, underbrush and other obstructions that are within,over,under of through a strip of land("Easement Space")extending Fifteen(15)feet on each side of any pole lines and Five (5) feet on each side of any underground wires and within, over, under or through a section of land extending Twelve (12) feet from the door sides) of any pad mounted transformers, elbow cabinets, switchgears or other devices as they are installed;provided,however,any damage to the property of Grantor(other than that caused by trimming,cutting or removing) caused by Grantee in maintaining or repairing said lines, shall be home by Grantee; provided further, however, that Grantors agree for themselves,their successors and assigns, not to build or allow any structure to be placed on the premises in such a manner that any part thereof will exist within the applicable above specified Easement Space,and in case such structure is built,then Grantor,or such successors and assigns as may be in possession and control of the premises at the time, will promptly remove the same upon demand of Grantee herein. Grantor further agrees to maintain minimum ground coverage of thirty six (36) inches and maximum ground coverage of fifty four(54)inches overall underground primary electric lines. Together also with the right of entry upon said lands of Grantor for all of the purposes aforesaid. may be. The words"Grantor'and "Grantee" shall include their heirs, executors, administrators, successors and assigns, as the case IN WITNESS WHEREOF,Grantor has caused this indenture to be duly executed the day and year first above written. WITNESS: City of North Augusta,a municipal corporation organized and existing under the laws of the State of South Carolina B5: (SEAL) n s R4L{'IC��G Nlduly its: 'n}trim �iFv ndm ni�+r-ainr 2•a witness RW4-E-SC(Rev.0.2019) Easement# 900350 ACKNOWLEDGMENT STATE OF SOUTH CAROLINA ) COUNTY OF AIKEN ) The foregoing instrument was acknowledged before me,the undersigned Notary, and I do hereby certify that the within named City of North Augusta,a municipal corporation organized and existing under the laws of the State of South Carolina,by the hand of Ra�ul�e lunn�/ its Snflrim Ci Adntinishabr personally appeared before me this day and that the above named the due execution of the foregoing instrument. Sworn to be�fo�re me this IS'"' day of )kA ,2020 Signature of Notary Public- State of SC My �tl Sharon Lamar Notary public,State.South Carolina My Commission Expires March 7,2028 RIGHT OF WAY GRANT TO DOMINION ENERGY SOUTH CAROLINA, INC Line: HAMMONDS FERRY/PROJECT JACKSON 750 FEEDER County: Aiken RM File Number. 23802 Grantor(s): City of North Augusta,a municipal corporation organized and existing under the laws of the State of South Carolina Return to: DESC 132 Langley Dam Road Warrenville, SC 29851 RW4-E-SC(Rev.4-2019)