ORD 2021-06 Adopted ORDINANCE NO. 2021-06
AN ORDINANCE GRANTING AN EASEMENT TO
DOMINION ENERGY SOUTH CAROLINA, INC. FOR PLACEMENT OF FACILITIES
TO SERVE FIRE STATION ONE
WHEREAS, the City of North Augusta is in the process of constructing Fire
Station 1 at 311 W. Martintown Road ("Project'); and
WHEREAS,the City has requested that Dominion Energy provide underground
electric service to the new fire station; and
WHEREAS, Dominion Energy has requested that the City grant to it an
easement 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:
1. The City grant to Dominion Energy South Carolina, Inc. an easement over and
across City property known as Tax Parcel Numbers 007-07-07-003.
11. 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 second
and final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS Alst
DAY OF 5unc, 2021.
First Reading: Tuna 1 rAoa,t
Second Reading: Fune RI,AOA 1 Brit n . Williams, Mayor
AT�TTEST:
A
— AA-,"l2 J
Sharon Lamar, City Clerk
Easement # 901829
INDENTURE, made this day of Mate— 2021 by and between City of North Augusta,a body
politic, specifically a municipal corporation organized under the laws of the State of South Carolina, hereinafter called
"Grantor'(whether singular or plump,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: a tract or lot of land containing 2.81 acres, more or less,
and being the same lands conveyed to Grantor by deed of John C.Smith,Jr. Family,LLP,dated or recorded November 22,2019,
and filed in the Register of Deeds office for Aiken County in Record Book 4814 at Page 518.
Right-of-Way enters Grantor's property from Grantee's existing overhead power line located along West Martintown Road;
thence extends into Grantor's property with underground facilities as shown more fully on Grantee's drawing labeled C-
84142,referenced only.
TMS:007-07-07-003
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 to lay, construct, maintain, operate, repair, alter, replace and remove pipe lines, together with
valves,tieovers and appurtenant facilities for the transportation of gas,oil petroleum products or any other liquids,gases or substances
which can be transported through a pipe line.
Together also with the right (but not the obligation) from time to time to trim, cut or remove trees, underbrush and other
obstructions that are within,over,under or through a strip of land("Easement Space")extending Fifteen(15)feet on each side of any
pole lines and Five(5)feet on each side of any underground wires or pipe lines and within, over, under or through a section of land
extending Twelve (12) feet from the door side(s)of any pad mounted transformers, elbow cabinets, switchgears or other devices as
they are installed; provided, however, any damage to the property of Grantor (other than that caused by trimming, cutting or
removing) caused by Grantee in maintaining or repairing said lines, shall be home by Grantee; provided further, however, that
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 over all underground primary electric lines. Grantor further agrees to maintain
minimum ground coverage of twenty four(24) inches and maximum ground coverage of forty two(42) inches over all underground
pipe(gas)lines. Together also with the right of entry upon said lands of Grantor for all of the purposes aforesaid.
The words"Grantor" and "Grantee" shall include their heirs, executors, administrators, successors and assigns, as the case
may be.
IN WITNESS WHEREOF,Grantor has caused this indenture to be duly executed the day and year first above written.
WITNESS:
City of North Augusta,a body politic,specifically
a municipal corporation organized under the laws
of the State of South Carolina
_(SEAL)
V Witness TrtL
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ness
RW-4-E-GSC (Rev.4-2019)
Easement # 901829
ACKNOWLEDGMENT
STATE OF SOUTH CAROLINA )
COUNTY OF AIKEN )
The foregoing instrument was acknowledged before me, the undersigned Notary, and I do hereby certify that
the within named City of North Augusta, a body politic, specifically a municipal corporation organized
under the laws of the State of South Carolina, by the hand of Tunes 8 Cl:4fnvd its
1almini-I personally appeared before me this day and that the above named
acknow edged the due execution of the foregoing instrument.
Sworn to before me this AID day of ITune, , 2021
_-teh4t.,jAix4hQ (SEAL)
Sirature of Notary public - State of SC
My commis:;ion expires: Mgr h I Ac718
Sharstl. L&Mor
Pin=State�of
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uth Carolinaarch 7,2028
RIGHT OF WAY GRANT TO
DOMINION ENERGY SOUTH CAROLINA, INC.
Line: NORTH AUGUSTA FIRE STATION 2021
County: Aiken
RIW File Number: 24879
Grantor(s): City of North Augusta, a body politic,specifically a municipal corporation organized under
the laws of the State of South Carolina
Return to: DESC
132 Langley Dam Road
Warrenville, SC 29851
Rw 4-E-G-SC (Rev.4-2019)