REs 2021-20 Adopted RESOLUTION NO. 2021-20
ACCEPTING A DEED OF DEDICATION FOR THE STREETS
SANITARY SEWER STORMWATER COLLECTION. AND ASSOCIATED
EASEMENTS AND RIGHTS OF WAY ALONG WITH A MAINTENANCE
GUARANTEE AND LETTER OF CREDIT
FOR AUSTIN HEIGHTS. SECTION 1
WHEREAS, Summerfield SC, LLC developed Austin Heights, Section 1
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 March 3, 2021 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 the City of North Augusta,County of Aiken, State of
South Carolina, in Austin Heights, Section I, being 50' Right of Ways known as Greyton Circle,
Bakerville Lane,and Kingburgh Lane,and also Parcel 1 Detention Pond containing 103,993 S.F.or 2.39
Acres more or less, as more particularly shown and described on that certain plat of survey prepared by
H&C Surveying, Inc. for Summerfield SC, LLC dated February 27, 2020, and recorded in Plat Book
62, Pages 790-794, 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 services 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 Austin Heights Subdivision, Section I, being more fully shown and
designates on that plat prepared by H&C Surveying, Inc. for Summerfield SC, LLC.
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 shown on the above referenced plats,including but not limited to:
Easement No. 1 — 1,107 S.F. or 0.03 AC Easement No. 7— 1.668 S.F. or 0.4 AC
Easement No.2— 1,026 S.F. or 0.02 AC Easement No. 8—4,547 S.F. or 0.10 AC
Easement No. 3—3.360 S.F. or 0.08 AC Easement No.9—1,012 S.F. or 0.02 AC
Easement No.4—719 S.F.or 0.02 AC Easement No. 10— 19,642 S.F. or 0.45 AC
Easement No. 5—3,672 S.F. or 0.08 AC Easement No. 11 —3,221 S.F. or 0.07 AC
Easement No. 6—2,479 S.F. or 0.06 AC
This being a portion of the same property conveyed to Summerfield SC,LLC by deed of Dottie Bermece
Summers, as Trustee of the Summers Family Trust dated July 11, 1985,on January 22,2019,and being
recorded in the Office of the RMC in Aiken County, South Carolina,book 4763,Pages 1800-1802.
Tax Map and Parcel: portion of 011-05-01-001
BE IT FURTHER RESOLVED that a Maintenance Guarantee and letter of
credit in the amount of S155,000.00 are hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
-744% DAY OF Tune 12021.
Brit . Williams, Mayor
ATTEST:I
Sharon Lamar, City Clerk
Return to:
Klosinski Overstreet, LLP
1229 Augusta West Parkway
Augusta, GA 30909
STATE OF SOUTH CAROLINA ) DEED OF DEDICATION
AUSTIN HEIGHTS
COUNTY OF AIKEN ) SECTION 1
THIS INDENTURE, made and entered into this day of 2021,by and
between SUMMERFIELD SC, LLC, as the Party of the First 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 ($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 following 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.
1 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 Grantee, 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.
SIGNATUE PAGE ATTACHED
l
IN WITNESS WHEREOF, the said Party of the First Part has caused this Deed of
Dedication to be executed the day and year first above written as the date of these presents.
Signed, sealed and delivered SUMMERFIELD SC, LLC
in the presence of:
By:
Firs Witness Michael D. Polatty
` As Its: Manager
J 64LV , ru
Second Witness
STATE OF GEORGIA )
COUNTY OF RICHMOND )
it �- a Georgia notary public, do hereby certify that
Michael D. Polatty, as M ger of Summerfield SC, LLC, personally appeared before me this
day and acknowledged the due execution of the foregoing instrument.
tWitness my hand and seal this the 55 day of , 2021.
Notary Public for n a
Printed Name
My Commission Expires: - -i. ay
>.Eq,, KAREN S DOUGLA,
sue,, Notary Public. Georq,a
[SEAL] t! RicnmondCounty
My Commission Expires
, February 11.20.a
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 the City of North Augusta, Aiken County,
South Carolina, in Austin Heights, Section 1, being 50' Right of Ways known as Greyton
Circle, Bakerville Lane, and Kingburgh Lane, and also Parcel 1 Detention Pond containing
103,993 S.F. or 2.39 Acres more or less, as more particularly shown and described on that
certain plat of survey prepared by H&C Surveying, Inc. for Summerfield SC, LLC dated
February 27, 2020, and recorded in Plat Book PL 62, Page 790-794, 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 sewage collection systems, including but not limited to
all pipes, mains, manholes, 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 Austin Heights Subdivision, Section 1, being more fully
shown and designated on that plat prepared by H&C Surveying, Inc. for Summerfield SC,
LLC.
ALSO, all 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, including but not limited to:
Easement No. I — 1,107 S.F. or 0.03 AC Easement No. 7 — 1,668 S.F. or 0.4 AC
Easement No. 2 - 1,026 S.F. or 0.02 AC Easement No. 8—4,547 S.F. or 0.10 AC
Easement No. 3 —3,360 S.F. or 0.08 AC Easement No. 9— 1,012 S.F. or 0.02 AC
Easement No. 4 — 719 S.F. or 0.02 AC Easement No. 10 — 19,642 F.S. or 0.45 AC
Easement No. 5 —3,672 S.F. or 0.08 AC Easement No. 11 — 3,221 S.F. or 0.07 AC
Easement No. 6 —2,479 S.F. or 0.06 AC
This being a portion of the same property conveyed to Summerfield SC, LLC. by deed
of Dottie Bemiece Summers, as Trustee of the Summers Family Trust dated July 11,
1985, on January 22, 2019, and being recorded in the Office of the RMC in Aiken
County, South Carolina, in Book 4763, Pages 1800-1802.
Tax Map and Parcel: portion of 011-05-01-001
STATE OF GEORGIA ) AFFIDAVIT
COUNTY OF RICHMOND )
PERSONALLY appeared before me the undersigned, who being duly sworn,deposes and says:
I. I have read the information on this affidavit, and I understand such information.
2. The property being transferred is bearing Aiken County, South Carolina Tax Map # portion of
011-05-01-001 and being transferred by Summerfield SC, LLC to City of North Augusta, South
Carolina on
3. 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
a transfer to a trust or as a distribution to a trust beneficiary;
(c) X exempt from the deed recording fee because: #2
(Explanation, if required)
( IF EXEMPT, PLEASE SKIP ITEMS 4-6,GO TO ITEM 7 OF THIS AFFIDAVIT
4. Check one of the following if either item 3(a) or item 3(b) above has been checked (See
information section of this affidavit):
(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 the realty which is:
(c) The fee is computed on the fair market value of the realty as established for
property tax purposes which is:
5. Check Yes_ or No _to the following: A lien or encumbrance existed on the land, tenement,
or realty before the transfer and remained on the land, tenement, or realty after the transfer. If
"YES", the amount of the outstanding balance of this lien or encumbrance is:
6. The deed recording fee is computed as follows:
(a) in the amount listed in item 4 above
(b) the amount listed in item 5 above(no amount place zero)
(c) subtract line 6(b) from line 6(a)and place the result.
7. As required by Code Section 12-24-70, I state that I am a responsible person who was connected
with the transaction as: Attorney
8. 1 understand that a person required to furnish this affidavit who willfully furnishes a false or
fraudulent affidavit is guilty of a misdemeanor and, upon conviction, must be fined not more than
l one thousand dollars or imprisoned not more than one year, or both.
SWORN TO AND SUBSCRIBE14
before me this LELL day of
2021.
Scott J. Klosinski
Attomey
��tIi 111U�/
NALLE ►y��z,.
N Public ``%
y .
M Commission Expires: =o: ° NprLq�+a O
9N.,T zb .. �O`�.
K L O S I N S K I O V E W R E E T •
f ar
t PRELIMINARY
CERTIFICATION OF TITLE
All those strips or parcels of land, and appurtenances to said premises belonging or in anywise
appertaining therewith, situate, lying and being in the City of North Augusta, County of Aiken,
State of South Carolina, in Austin Heights, Section 1, being 50' Right of Ways known as
Greyton Circle, Bakerville Lane, and Kingburgh Lane, and also Parcel 1 Detention Pond
containing 103,993 S.F. or 2.39 Acres more or less, as more particularly shown and described
on that certain plat of survey prepared by H&C Surveying, Inc. for Surnmerfielo SC, LLC
dated February 27, 2020, and recorded in Plat Book P Page 7 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 Austin
Heights Subdivision, Section I, being more fully shown and designated on that plat prepared
by H&C Surveying, Inc. for Summerfield SC, LLC.
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, including but not limited to:
Easement No. 1 — 1,107 S.F. or 0.03 AC Easement No. 7 — 1,668 S.F. or 0.4 AC
Easement No. 2 - 1,026 S.F. or 0.02 AC Easement No. 8 —4,547 S.F. or 0.10 AC
Easement No. 3 —3,360 S.F. or 0.08 AC Easement No. 9 — 1,012 S.F. or 0.02 AC
Easement No. 4—719 S.F. or 0.02 AC Easement No. 10 — 19,642 F.S. or 0.45 AC
Easement No. 5 —3,672 S.F. or 0.08 AC Easement No. 11 —3,221 S.F. or 0.07 AC
Easement No. 6—2,479 S.F. or 0.06 AC
This being a portion of the same property conveyed to Summeffield SC, LLC. by deed
of Dottie Bemiece Summers, as Trustee of the Summers Family Trust dated July 11,
1985, on January 22, 2019, and being recorded in the Office of the RMC in Aiken
County, South Carolina, in Book 4763, Pages 1800-1802.
Tax Map and Parcel: portion of 011-05-01-001
klosinski.rom
1 have examined the public records affecting title to the property described above. BASED
UPON SUCH EXAMINATION, and subject to the liens, encumbrances and other
f exceptions, marketable, fee simple title is vested in
Summerfield SC,LLC
The below Hens,restrictions,easements,encumbrances,and other exceptions apply:
1. Errors shown by a plat of survey. The exact location on boundary lines, 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 materialmen for
improvement of the property, not filed for record prior to 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, or minority of a maker;
3. Violation of any zoning ordinances or restrictive covenants;
4- All city, state, county, and school taxes for 2021 are not yet due and payable; all city
taxes for 2020 which are not yet due and payable.
6. Mortgage from Summerfield SC, LLC. to First Community Bank, dated December 10,
2019 and recorded December 27, 2019, in Record Book 4819 on page 1432-1442 of the
public records of Aiken County, South Carolina, given to secure the original principal
sum of$4,982,628.00.
7. UCC Financing Statement in favor of First Community Bank, recorded in FS — 19-
4289, of the public records of Aiken County, South Carolina.
8. UCC Financing Statement in favor of First Community Bank, recorded in FS — 19-
4290, of the public records of Edgefield County, South Carolina.
Title is certified from the period beginning January 22, 2019 and ending at 12:00 P.M. on
January 12, 2021.
Sc tt J. Ktosinski, Attorney at Law
JFirst • 5455 Sunset 810 PO Box 64
Community Lexington SC 29072 Lexington SC 29071
B^..� (803)9512265 www firstcommunaysc con,
ank f a Fax(80313586900
l'cbruar) 22 2021
City of North Augusta
100 Georgia Avenue
North Augusta, SC 29841
RE: Letter of Credit #101-183 and 101-184, Summerfield SC, LLC, Austin I leights, Section 1
Dear Sirs:
In connection with the above-matter, enclosed is the original Irrevocable Letter of Credit
#101-183 in the amount of$152,000 for a Maintenance Guarantee and Irrevocable Letter of Credit
#101-184 in the amount of $362,000 for a Performance Guarantee. If you have any questions,
/ please do not hesitate to contact our office.
I'hanking you in advance for your cooperation in this matter, I am
Sincerely,
Co,rat.jw Hv-W
Real Estate Paralender, Team Lead
First Community Bank
(803)358-4216
/cmh
Enclosures
J1'1 rs l • 5455 Sunset BI10 PO Box 64
Cmrnu^rnt'y Lexington SC 29072 Lexington.SC 29071
Bank (803)9512265 www 6rstcommumtysc com
F Fax(803)358 6900
1
May 14,2021
City of North Augusta
100 Georgia Avenue
North Augusta, SC 29841
RE: Letter of Credit#101-183 and 101-184, Summerfield SC, LLC, Austin Heights, Section 1
Dear Sirs:
In connection with the above-matter, enclosed is the original Amendment #1 to
Irrevocable Letter of Credit#101-183 in the amount of$152,000 for a Maintenance Guarantee and
Irrevocable Letter of Credit #101-184 in the amount of$362,000 for a Performance Guarantee. If
you have any questions, please do not hesitate to contact our office.
Thanking you in advance for your cooperation in this matter, 1 am
Sincerely,
Cewat yw HvJ-L
Real Estate Paralender,Team Lead
First Community Bank
(803)358-4216
/cmh
Enclosures
F �- _ -- -
nrrw.u. i �• 'h �IyM,r � �
,r
4& /
PAItGtL"2
n. PARCELI
PARCEL:
RECORD PLAT
Al'S'I I I ILIGH I ti
SLL I I()N I
AIKEN COUNTY, SOUTH CAROLINA
li&C
J
u -
4
� 1
ItiV4T tly
Yl i y r
r '
5ti //k
/
�bll
5•.
� c
5 tl •
.e
s: T S
RECORD PLAT
16
nl tiI I� IIGlc;lflti
til'.l
AIKEN COUNTY SOUTH CAROLINA •
J\ tiurorNinll.lne.
PARCELS
`YB. S f1, _. .
It
a• -
� Itl
21
PARCEL` .... . •
P` `-S
9 RECORD PLAT
AU�I-IN ;IL-lGirls
AINEN COUNTY SOUTH CAROLINA •
H& C
.ti�11I1•pr,IL1I,�rffC.
C Oe�• �. _.• . — _ .. I ' INI;)I\I INN\II.. .. PAHLLt4 by
�I
fi
tl .> I •
PARCEL 6
' � n vl V�u. .h.p•-
f�
RECORD PLAT
A US IN HCIGI III "
SEC 1 ION I
AIKEN COUNTY SOUTH CAROLINA •
H&C It
�� .. �
sllrtl•�•d�Rd./nr. ,
o