030623 Council Mtg Discussion Items with Attachments
DISCUSSION ITEMS FOR
MARCH 6, 2023
CITY COUNCIL MEETING
The documentation provided herewith consists of advance draft materials for review by Mayor
and City Council. Such documents may be revised prior to the actual Council meeting before any
formal consideration of same by Mayor and City Council. Said documents may also be revised by
way of a proper amendment made at the Council meeting. These documents are informational
only and not intended to represent the final decision of the Council.
Page 1 of 2
Administration Department
Interoffice Memorandum
TO: Mayor and City Council
FROM: Jim Clifford, City Administrator
DATE: March 3, 2023
SUBJECT: Regular City Council Meeting of March 6, 2023
REGULAR COUNCIL MEETING
OLD BUSINESS
ITEM 5. ECONOMIC DEVELOPMENT: Ordinance No. 2023-01 to Authorize the City to Enter into a
Second Amendment to the Master Development Agreement of March 15, 2017 for North Augusta
Riverside Village – Second Reading
An ordinance has been prepared for Council’s consideration to Authorize the City to Enter into a Second
Amendment to the Master Development Agreement of March 15, 2017 for North Augusta Riverside
Village – Second Reading.
Please see ATTACHMENT #5 for a copy of the proposed ordinance.
ITEM 6. ENGINEERING & PUBLIC WORKS: Ordinance No. 2023-02 Authorizing a Restructuring of
Personnel for the Department of Streets & Drains Subsequent to Department Vacancies Resulting from
Retirements and Resignations – Second Reading
An ordinance has been prepared for Council’s consideration Authorizing a Restructuring of Personnel for
the Department of Streets & Drains Subsequent to Department Vacancies Resulting from Retirements and
Resignations – Second Reading.
Please see ATTACHMENT #6 for a copy of the proposed ordinance.
NEW BUSINESS
ITEM 7. ANNEXATION: Ordinance No. 2023-03 To Change the Corporate Limits of the City of North
Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing ± 0.25 Acres
of Property Located on Gentry Ln and Owned by Adams Brothers, LLC – First Reading
An ordinance has been prepared for Council’s consideration to Change the Corporate Limits of the City of
North Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing ± 0.25
Acres of Property Located on Gentry Ln and Owned by Adams Brothers, LLC – First Reading.
Please see ATTACHMENT #7 for a copy of the proposed ordinance.
Page 2 of 2
ITEM 8. ANNEXATION: Ordinance No. 2023-04 To Change the Corporate Limits of the City of North
Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing ± 0.29 Acres
of Property Located on Gentry Ln and Owned by Adams Brothers, LLC – First Reading
An ordinance has been prepared for Council’s consideration to Change the Corporate Limits of the City of
North Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing ± 0.25
Acres of Property Located on Gentry Ln and Owned by Adams Brothers, LLC – First Reading.
Please see ATTACHMENT #8 for a copy of the proposed ordinance.
ITEM 9. ANNEXATION: Ordinance No. 2023-05 To Change the Corporate Limits of the City of North
Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing ± 0.42 Acres
of Property Located on E. Buena Vista Ave and Owned by Lawrence and Karen Graham – First Reading
An ordinance has been prepared for Council’s consideration to Change the Corporate Limits of the City of
North Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing ± 0.42
Acres of Property Located on E. Buena Vista Ave and Owned by Lawrence and Karen Graham; Ordinance
– First Reading.
Please see ATTACHMENT #9 for a copy of the proposed ordinance.
ITEM 10. ANNEXATION: Ordinance No. 2023-06 To Change the Corporate Limits of the City of North
Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing ± 0.39 Acres
of Property Located on E. Buena Vista Ave and Owned by Adams Brothers, LLC – First Reading
An ordinance has been prepared for Council’s consideration to Change the Corporate Limits of the City of
North Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing ± 0.39
Acres of Property Located on E. Buena Vista Ave and Owned by Adams Brothers, LLC; Ordinance – First
Reading.
Please see ATTACHMENT #10 for a copy of the proposed ordinance.
ITEM 11. ANNEXATION: Ordinance No. 2023-07 To Change the Corporate Limits of the City of North
Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing ± 0.24 Acres
of Property Located on E. Buena Vista Ave and Owned by Adams Brothers, LLC – First Reading
An ordinance has been prepared for Council’s consideration to Change the Corporate Limits of the City of
North Augusta by Accepting the Petition Requesting Annexation by the Landowners and Annexing ± 0.24
Acres of Property Located on E. Buena Vista Ave and Owned by Adams Brothers, LLC; Ordinance – First
Reading.
Please see ATTACHMENT #11 for a copy of the proposed ordinance.
ITEM 12. ADMINISTRATION: Resolution No. 2023-10 Authorization for City Administrator to Consent
to Deed of Correction Related to Conservation Easement and Declaration of Restrictions and Covenants
Entered into by the City on November 18, 2013
A resolution has been prepared for Council’s consideration for Authorization for City Administrator to
Consent to Deed of Correction Related to Conservation Easement and Declaration of Restrictions and
Covenants Entered into by the City on November 18, 2013.
Please see ATTACHMENT #12 for a copy of the proposed resolution.
ORDINANCE NO. 2023-01
TO AUTHORIZE THE CITY TO ENTER INTO A SECOND AMENDMENT TO THE
MASTER DEVELOPMENT AGREEMENT OF MARCH 15, 2017 FOR NORTH
AUGUSTA RIVERSIDE VILLAGE
WHEREAS, the City and the various other parties named therein entered into
a Master Development Agreement, dated March 15, 2017 (the “Development Agreement”)
for the development of Riverside Village that was for a period of five (5) years with such
initial agreement scheduled to terminate on March 15, 2022;
WHEREAS, the City (1) adopted Ordinance 2022-04 on March 7, 2022
approving (a) the extension of the term of the Development Agreement for a period of one
year and (b) the execution of the First Amendment (defined herein), (2) executed and delivered
a First Amendment to Master Development Agreement dated March 15, 2022 (the “First
Amendment”) entered into among the City and the various other parties named therein,
extending the term of the Development Agreement for a period of one year through March
15, 2023, and (3) recorded the First Amendment with the Register of Mesne Conveyance of
Aiken County, South Carolina on June 23, 2022 in Book 5029 at Pages 963-979;
WHEREAS, many of the required improvements have been completed but
there remain some portions of the development that have not been completed as of the present;
WHEREAS, the South Carolina Local Government Development Agreement
Act, the Act under which the Development Agreement was entered into, provides for the
ability of the parties by mutual agreement to extend the termination date; and
WHEREAS, Mayor and City Council have determined that it would be in the
interest of the City to extend the term of the Agreement for a period of one additional (1) year;
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 agrees to the extension of the termination date of the
Development Agreement for an additional one (1) year period which
results in a termination date of the Development Agreement of March
15, 2024.
II.The Second Amendment to the Master Development Agreement,
which is attached hereto, marked Exhibit A, is specifically approved by
Mayor and Council.
III.The Mayor and/or the City Administrator are specifically authorized to
execute such documents and take all such other actions with respect
thereto as shall be required to carry out the Second Amendment and
extension of the original term of the Development Agreement.
IV.This Ordinance shall become effective immediately upon its adoption
ATTACHMENT #5 Page 1 of 20
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 ___
DAY OF ___________ 2023.
First Reading: February 6, 2023
Second Reading: Briton S. Williams, Mayor
Attest:
Jamie Paul, City Clerk
ATTACHMENT #5 Page 2 of 20
Exhibit A
Form of Second Amendment to Master Development Agreement
ATTACHMENT #5 Page 3 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
by and among
CITY OF NORTH AUGUSTA, SOUTH CAROLINA,
ACKERMAN GREENSTONE NORTH AUGUSTA, LLC,
GRAYBUL IRONWOOD, LLC,
GREENSTONE HAMMOND’S FERRY, LLC
and
EACH OF THE OWNERS LISTED ON EXHIBIT A
March 15, 2023
ATTACHMENT #5 Page 4 of 20
SECOND AMENDMENT TO
MASTER DEVELOPMENT AGREEMENT
This Second Amendment to Master Development Agreement (this “Amendment”) is made
and entered into as of March 15, 2023 by and among the CITY OF NORTH AUGUSTA,
SOUTH CAROLINA (the “City”), ACKERMAN GREENSTONE NORTH AUGUSTA,
LLC, a limited liability company organized under the laws of the State of Georgia (“Hotel
Developer”), GRAYBUL IRONWOOD, LLC, a limited liability company organized under the
laws of the State of Delaware (“Apartment Owner”), GREENSTONE HAMMOND’S FERRY,
LLC, a limited liability company organized under the laws of the State of South Carolina
(“Greenstone”) and each of the Owners listed on Exhibit A attached hereto.
RECITALS
This Amendment provides for the second extension of the term of that certain Master
Development Agreement by and among the City, GreenJackets Baseball LLC, the Hotel Developer
and Greenstone, dated March 15, 2017 (the “Agreement”). Defined terms used herein and not
otherwise defined shall have the meanings ascribed to them in the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the City, the Hotel Developer, the Apartment Owner, Greenstone, and each
of the Owners listed on Exhibit A attached hereto agree as follows:
ARTICLE I
AMENDMENT TO THE AGREEMENT; EXTENSION OF TERM
The Term of the Agreement is hereby extended by one year and, as a result, the Agreement
shall terminate on March 15, 2024, unless extended by mutual agreement as provided for in Section
2.01 of the Agreement and Section 6-31-60(A)(2) of the Act.
ARTICLE II
MISCELLANEOUS
A. Governing Law. This Amendment shall be governed in accordance with the
laws of the State of South Carolina.
B. Authorization; Entire Agreement. This Amendment is entered into in
accordance with Section 2.01 of the Agreement and Section 6-31-60(A)(2) of the Act, and this
Amendment and the Agreement, as amended, together constitute the complete and exclusive
written expression of the intent of the parties with respect to the subject matter hereof and thereof
which will supersede all previous verbal and written communications, representations,
agreements, promises or statements. Except as amended hereby, the terms and provisions of the
Agreement shall remain in full force and effect.
C. Authority. The Hotel Developer, the Apartment Owner, Greenstone, each
of the Owners listed on Exhibit A attached hereto and the City represents that it has the authority
to be bound by the terms of this Amendment. Once executed by all parties, this Amendment will,
ATTACHMENT #5 Page 5 of 20
together with the Agreement, constitute a valid and binding agreement, enforceable in accordance
with its terms.
D. Mutual Dependency and Severability. All rights and duties contained in this
Amendment are mutually dependent on each other and one cannot exist independent of another,
provided that if any one or more of the provisions contained in this Amendment shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereof, and this Amendment shall be
construed as if such invalid, illegal or unenforceable provision was not contained herein.
E. Notices and Addresses. Any notices given under this Amendment shall be
given in accordance with the terms and provisions of giving notice under the Agreement.
F. Amendment, Modification, or Alteration. No amendment, modification, or
alteration of the terms of this Amendment shall be binding unless in writing, dated subsequent to
the date hereof and duly executed by the parties hereto.
G. Counterparts; Facsimile. This Amendment may be executed in any number
of counterparts and/or exchanged via facsimile or electronic distribution, each of which shall be
deemed an original, but all such counterparts and/or facsimile or electronic counterparts or
originals together shall constitute but one and the same instrument.
H. Binding Effect/Benefit. This Amendment shall be binding upon and shall
inure to the benefit of the parties hereto and their respective affiliates, successors, and assigns.
I. Parties to Amendment; Approval by Ordinance. Section 18.04 of the
Agreement provides that the “…Agreement may be modified or amended only by the written
agreement of the City and the Owners; such written agreement, if not statutorily required to be by
ordinance, may be by resolution or ordinance at the City’s sole discretion.” The parties to this
Amendment include the City and the Owners, as currently constituted, and the City has decided,
in its sole discretion, to approve this Amendment by ordinance.
[SIGNATURES ON FOLLOWING PAGES]
ATTACHMENT #5 Page 6 of 20
IN WITNESS WHEREOF, the parties hereunto set their hands and seals as of March 15,
2023.
CITY OF NORTH AUGUSTA,
SOUTH CAROLINA
By:
Witness Briton S. Williams, Mayor
Witness
State of
County of
I, _______________________, do hereby certify that Briton S. Williams, as Mayor of the
City of North Augusta, South Carolina personally appeared before me this day and acknowledged
the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 7 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
SIGNATURE PAGE
GREENSTONE HAMMOND’S FERRY,
LLC, a South Carolina limited liability
company
By:
Witness Christian B. Schoen, Manager
Witness
State of
County of
I, _______________________, do hereby certify that Christian B. Schoen, as Manager of
Greenstone Hammond’s Ferry, LLC, a South Carolina limited liability company, personally
appeared before me this day and acknowledged the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 8 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
SIGNATURE PAGE
ACKERMAN GREENSTONE NORTH
AUGUSTA, LLC, a Georgia limited liability
company
By:
Witness Donald K. Miller, Manager
Witness
State of
County of
I, _______________________, do hereby certify that Donald K. Miller, as Manager of Ackerman
Greenstone North Augusta, LLC, a Georgia limited liability company, personally appeared before
me this day and acknowledged the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 9 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
SIGNATURE PAGE
GRAYBUL IRONWOOD, LLC, a Delaware
limited liability company
By:
Witness [Name], [Title]
Witness
State of
County of
I, _______________________, do hereby certify that [Name], as [Title] of GrayBul Ironwood,
LLC, a Delaware limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 10 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
SIGNATURE PAGE
GREENSTONE HENDON RIVERSIDE
VILLAGE, LLC, a Georgia limited
liability company
By:
Witness Christian B. Schoen, Manager
Witness
State of
County of
I, _______________________, do hereby certify that Christian B. Schoen, as Manager of
Greenstone Hendon Riverside Village, LLC, a Georgia limited liability company, personally
appeared before me this day and acknowledged the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 11 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
SIGNATURE PAGE
HAMMONDS FERRY COMMERCIAL
I, LLC, a Georgia limited liability company
By:
Witness Christian B. Schoen, Manager
Witness
State of
County of
I, _______________________, do hereby certify that Christian B. Schoen, as Manager of
Hammonds Ferry Commercial I, LLC, a Georgia limited liability company, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 12 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
SIGNATURE PAGE
RIVERSIDE VILLAGE B OWNER,
LLC, a South Carolina limited liability
company
By:
Witness Christian B. Schoen, Manager
Witness
State of
County of
I, _______________________, do hereby certify that Christian B. Schoen, as Manager of
Riverside Village B Owner, LLC, a South Carolina limited liability company, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 13 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
SIGNATURE PAGE
RIVERSIDE VILLAGE C OWNER,
LLC, a South Carolina limited liability
company
By:
Witness Christian B. Schoen, Manager
Witness
State of
County of
I, _______________________, do hereby certify that Christian B. Schoen, as Manager of
Riverside Village C Owner, LLC, a South Carolina limited liability company, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 14 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
SIGNATURE PAGE
RIVERSIDE VILLAGE D OWNER,
LLC, a South Carolina limited liability
company
By:
Witness Christian B. Schoen, Manager
Witness
State of
County of
I, _______________________, do hereby certify that Christian B. Schoen, as Manager of
Riverside Village D Owner, LLC, a South Carolina limited liability company, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 15 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
SIGNATURE PAGE
RIVERSIDE VILLAGE G OWNER,
LLC, a South Carolina limited liability
company
By:
Witness Christian B. Schoen, Manager
Witness
State of
County of
I, _______________________, do hereby certify that Christian B. Schoen, as Manager of
Riverside Village G Owner, LLC, a South Carolina limited liability company, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 16 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
SIGNATURE PAGE
RIVERSIDE VILLAGE H OWNER,
LLC, a South Carolina limited liability
company
By:
Witness Christian B. Schoen, Manager
Witness
State of
County of
I, _______________________, do hereby certify that Christian B. Schoen, as Manager of
Riverside Village H Owner, LLC, a South Carolina limited liability company, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 17 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
SIGNATURE PAGE
RIVERSIDE VILLAGE I OWNER,
LLC, a South Carolina limited liability
company
By:
Witness Christian B. Schoen, Manager
Witness
State of
County of
I, _______________________, do hereby certify that Christian B. Schoen, as Manager of
Riverside Village I Owner, LLC, a South Carolina limited liability company, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 18 of 20
SECOND AMENDMENT TO MASTER DEVELOPMENT AGREEMENT
SIGNATURE PAGE
RIVERSIDE VILLAGE K OWNER,
LLC, a South Carolina limited liability
company
By:
Witness Christian B. Schoen, Manager
Witness
State of
County of
I, _______________________, do hereby certify that Christian B. Schoen, as Manager of
Riverside Village K Owner, LLC, a South Carolina limited liability company, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
By:
Notary Public
My commission expires on:
[SEAL]
ATTACHMENT #5 Page 19 of 20
EXHIBIT A TO MASTER DEVELOPMENT AGREEMENT
Owners of Riverside Village Property as of March 15, 2023
other than
Hotel Developer, the Apartment Owner, Greenstone
Greenstone Hendon Riverside Village, LLC, a Georgia limited liability company
Hammonds Ferry Commercial I, LLC, a Georgia limited liability company
Riverside Village B Owner LLC, a South Carolina limited liability company
Riverside Village C Owner LLC, a South Carolina limited liability company
Riverside Village D Owner LLC, a South Carolina limited liability company
Riverside Village G Owner LLC, a South Carolina limited liability company
Riverside Village H Owner LLC, a South Carolina limited liability company
Riverside Village I Owner LLC, a South Carolina limited liability company
Riverside Village K Owner LLC, a South Carolina limited liability company
ATTACHMENT #5 Page 20 of 20
ORDINANCE NO. 2023-02
AUTHORIZING A RESTRUCTURING OF PERSONNEL FOR THE DEPARTMENT OF STREETS &
DRAINS SUBSEQUENT TO DEPARTMENT VACANCIES RESULTING FROM RETIREMENTS
AND RESIGNATIONS
WHEREAS, in accordance with the Laws of South Carolina, and the Ordinance of the City
of North Augusta, the City Administrator prepared and submitted to the City Council a Balanced Budget
for the budget year beginning on January 1, 2023, and ending on December 31, 2023 which was adopted
November 7, 2022; and
WHEREAS, the City has determined that a restructuring of personnel for the Department
of Streets & Drains is necessary to expand upon opportunities resulting from department vacancies from
retirements and resignations and to provide opportunites for succession within the department; and
WHEREAS, this restructuring is to be done within the authorized total appropriations for
personal services expenses of the Department of Streets & Drains as adopted by City Council on November
7, 2022.
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:
Section I. The City Council hereby authorizes a restructuring of personnel for the Department
of Streets & Drains as follows with proposed Department of Streets & Drains
organizational chart attached as Exhibit A:
Division Current Position Current Grade Proposed Position Proposed Grade
10-4220/Streets & Drains Superintendent 27 No Change 27
Foreman 13 Supervisor 18
Foreman 13 No Change 13
Vehicle Operator III 10 No Change 10
Heavy Equipment Operator 9 No Change 9
Heavy Equipment Operator 9 No Change 9
Trades Worker 8 No Change 8
Trades Worker 8 No Change 8
Trades Worker 8 No Change 8
Laborer 4 No Change 4
Laborer 4 No Change 4
Section II. That in all other respects, except as hereby and heretofore restructured, the
budgeted positions for the City of North Augusta for the fiscal year beginning
January 1, 2023, and ending December 31, 2023, shall remain in full force and
effect.
Section III. All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such
conflict, hereby repealed.
Section IV. This Ordinance shall become effective immediately upon its adoption on second
and final reading.
ATTACHMENT #6 Page 1 of 3
Page 2 of 2
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF FEBRUARY, 2023.
First Reading
Briton S. Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #6 Page 2 of 3
Proposed Streets & Drains Organization 2023
Superintendent
Streets & Drains
Supervisor
Foreman
Vehicle
Operator III
Heavy
Equipment
Operator
Trades Worker
Laborer
Heavy
Equipment
Operator
Trades Worker Trades Worker Laborer
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ORDINANCE NO. 2023-03
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ACCEPTING THE PETITION REQUESTING ANNEXATION BY THE LANDOWNERS
AND ANNEXING ± 0.25 ACRES OF PROPERTY LOCATED
ON GENTRY LN AND OWNED BY
ADAMS BROTHERS, LLC
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, have
reviewed the petition of the landowners requesting that their property be annexed into the City and
determined that such Petition should be accepted and the property annexed into the City; and
WHEREAS, the property is situated within the area of the North Augusta 2021
Comprehensive Plan and recommended for Commercial Retail by that plan as specified in the
Land Use Element.
WHEREAS, the annexation request and zoning classification has been reviewed by
the Planning Commission which has recommended annexation of the property with + 0.25 acres
to be zoned R-7 Small Lot, Single-Family Residential.
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 Petition of the landowners is accepted and the following described property
shall be annexed into the City of North Augusta:
A parcel of land, with all improvements thereon, being in the County of
Aiken containing + 0.25 acres and appearing on that plat prepared and
recorded in the Office of the Register Mesne Conveyance Aiken County in
Record Book 64 at page 357, including all adjacent right-of-way.
Tax Map & Parcel No.: 013-13-14-002
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” prepared by
the City of North Augusta.
ATTACHMENT #7 Page 1 of 3
II. The zoning classification shall be +0.25 acres as R-7 Small Lot, Single-Family
Residential
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 second
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 MARCH, 2023.
First Reading
Briton S. Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #7 Page 2 of 3
05010015020025
Feet
2/17/2023
Path: C:\Users\lreese\Documents\ArcGIS\Projects\ANX23-003 508 Gentry Ln\ANX23-003 508 Gentry Ln.aprx
ANX23-003
MAP OF PROPERTY
SOUGHT TO BE ANNEXED
TO THE CITY OF NORTH AUGUSTA
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013-13-14-002
Approximately 0.25 acres
ATTACHMENT #7 Page 3 of 3
ORDINANCE NO. 2023-04
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ACCEPTING THE PETITION REQUESTING ANNEXATION BY THE LANDOWNERS
AND ANNEXING ± 0.29 ACRES OF PROPERTY LOCATED
ON GENTRY LN AND OWNED BY
ADAMS BROTHERS, LLC
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, have
reviewed the petition of the landowners requesting that their property be annexed into the City and
determined that such Petition should be accepted and the property annexed into the City; and
WHEREAS, the property is situated within the area of the North Augusta 2021
Comprehensive Plan and recommended for Commercial Retail by that plan as specified in the
Land Use Element.
WHEREAS, the annexation request and zoning classification has been reviewed by
the Planning Commission which has recommended annexation of the property with + 0.29 acres
to be zoned R-7 Small Lot, Single-Family Residential.
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 Petition of the landowners is accepted and the following described property
shall be annexed into the City of North Augusta:
A parcel of land, with all improvements thereon, being in the County of
Aiken containing + 0.29 acres and appearing on that plat prepared and
recorded in the Office of the Register Mesne Conveyance Aiken County in
Record Book 64 at page 357, including all adjacent right-of-way.
Tax Map & Parcel No.: 013-13-14-003
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” prepared by
the City of North Augusta.
ATTACHMENT #8 Page 1 of 3
II. The zoning classification shall be +0.29 acres as R-7 Small Lot, Single-Family
Residential
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 second
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 MARCH, 2023.
First Reading
Briton S. Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #8 Page 2 of 3
05010015020025
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Path: H:\LReese\GIS Projects\ANX23-004 514 Gentry Ln.aprx
ANX23-004
MAP OF PROPERTY
SOUGHT TO BE ANNEXED
TO THE CITY OF NORTH AUGUSTA
±
BUENA V
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OLD
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EXHIBIT A
Outside City
Inside City
013-13-14-003
Approximately 0.29 acres
ATTACHMENT #8 Page 3 of 3
ORDINANCE NO. 2023-05
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ACCEPTING THE PETITION REQUESTING ANNEXATION BY THE LANDOWNERS
AND ANNEXING ± 0.42 ACRES OF PROPERTY LOCATED
ON E. BUENA VISTA AVE AND OWNED BY
LAWRENCE AND KAREN GRAHAM
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, have
reviewed the petition of the landowners requesting that their property be annexed into the City and
determined that such Petition should be accepted and the property annexed into the City; and
WHEREAS, the property is situated within the area of the North Augusta 2021
Comprehensive Plan and recommended for Commercial Retail by that plan as specified in the
Land Use Element.
WHEREAS, the annexation request and zoning classification has been reviewed
by the Planning Commission which has recommended annexation of the property with + 0.42
acres with the zoning classification of General Commercial, GC. .
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 Petition of the landowners is accepted and the following described property
shall be annexed into the City of North Augusta:
A parcel of land, with all improvements thereon, being in the County of
Aiken containing + 0.42 acres and appearing on that plat prepared and
recorded in the Office of the Clerk of Court for Aiken County in Record
Book 64 at page 453, including all adjacent right-of-way.
Tax Map & Parcel No.: 007-16-07-016
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” prepared by
the City of North Augusta.
ATTACHMENT #9 Page 1 of 4
II. The zoning classification shall be +0.42 acres as GC, General Commercial, as
shown on a map identified as “Exhibit B” titled “727 E Buena Vista Ave.”
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 second
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 MARCH, 2023.
First Reading
Briton S. Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #9 Page 2 of 4
05010015020025
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Path: C:\Users\lreese\Documents\ArcGIS\Projects\ANX23-001 780 E Buena Vista Ave\ANX22-003 727 E Buena Vista Ave.aprx
ANX22-003
MAP OF PROPERTY
SOUGHT TO BE ANNEXED
TO THE CITY OF NORTH AUGUSTA
±
BUENA V
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S
T
A
EXHIBIT A
Outside City
Inside City
007-16-07-016
Approximately 0.42 ac
ATTACHMENT #9 Page 3 of 4
FLE
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BUENA V
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BART
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PHI
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R-10
R-7
GC
ANX22-003
ZONING OF PROPERTY
SOUGHT TO BY ANNEXED
TO THE CITY OF NORTH AUGUSTA
0408012016020
Feet
12/21/2022 ±
Path: H:\E&CD\Trakit Scans\Annexation - ANX\2022 ANX\ANX22-003 731 E. Buena Vista Ave\ANX22-003 Mapping.aprx
EXHIBIT B
Proposed New
Municipal Boundary
TPN 007-16-07-016
GC, General Commercial
Current Municipal
Boundary
Outside City Limits
ATTACHMENT #9 Page 4 of 4
ORDINANCE NO. 2023-06
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ACCEPTING THE PETITION REQUESTING ANNEXATION BY THE LANDOWNERS
AND ANNEXING ± 0.39 ACRES OF PROPERTY LOCATED
ON E. BUENA VISTA AVE AND OWNED BY
ADAMS BROTHERS, LLC
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, have
reviewed the petition of the landowners requesting that their property be annexed into the City and
determined that such Petition should be accepted and the property annexed into the City; and
WHEREAS, the property is situated within the area of the North Augusta 2021
Comprehensive Plan and recommended for Commercial Retail by that plan as specified in the
Land Use Element.
WHEREAS, the annexation request and zoning classification has been reviewed by
the Planning Commission which has recommended annexation of the property with + 0.39 acres
to be zoned R-7 Small Lot, Single-Family Residential.
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 Petition of the landowners is accepted and the following described property
shall be annexed into the City of North Augusta:
A parcel of land, with all improvements thereon, being in the County of
Aiken containing + 0.39 acres and appearing on that plat prepared and
recorded in the Office of the Register Mesne Conveyance Aiken County in
Record Book 64 at page 357, including all adjacent right-of-way.
Tax Map & Parcel No.: 007-16-12-004
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” prepared by
the City of North Augusta.
ATTACHMENT #10 Page 1 of 3
II. The zoning classification shall be +0.39 acres as R-7 Small Lot, Single-Family
Residential
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 second
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 MARCH, 2023.
First Reading
Briton S. Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #10 Page 2 of 3
05010015020025
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2/1/2023
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ANX23-001
MAP OF PROPERTY
SOUGHT TO BE ANNEXED
TO THE CITY OF NORTH AUGUSTA
±
BUENA V
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S
T
A
GE N TR Y
M
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I
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FLOYD
PHI
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EXHIBIT A
Outside City
Inside City
007-16-12-004
0.39 acres
ATTACHMENT #10 Page 3 of 3
ORDINANCE NO. 2023-07
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ACCEPTING THE PETITION REQUESTING ANNEXATION BY THE LANDOWNERS
AND ANNEXING ± 0.24 ACRES OF PROPERTY LOCATED
ON E. BUENA VISTA AVE AND OWNED BY
ADAMS BROTHERS, LLC
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, have
reviewed the petition of the landowners requesting that their property be annexed into the City and
determined that such Petition should be accepted and the property annexed into the City; and
WHEREAS, the property is situated within the area of the North Augusta 2021
Comprehensive Plan and recommended for Commercial Retail by that plan as specified in the
Land Use Element.
WHEREAS, the annexation request and zoning classification has been reviewed by
the Planning Commission which has recommended annexation of the property with + 0.24 acres
to be zoned R-7 Small Lot, Single-Family Residential.
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 Petition of the landowners is accepted and the following described property
shall be annexed into the City of North Augusta:
A parcel of land, with all improvements thereon, being in the County of
Aiken containing + 0.24 acres and appearing on that plat prepared and
recorded in the Office of the Register Mesne Conveyance Aiken County in
Record Book 64 at page 357, including all adjacent right-of-way.
Tax Map & Parcel No.: 013-13-14-001
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” prepared by
the City of North Augusta.
ATTACHMENT #11 Page 1 of 3
II. The zoning classification shall be +0.24 acres as R-7 Small Lot, Single-Family
Residential
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 second
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 MARCH, 2023.
First Reading
Briton S. Williams, Mayor
Second Reading
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #11 Page 2 of 3
05010015020025
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ANX23-002
MAP OF PROPERTY
SOUGHT TO BE ANNEXED
TO THE CITY OF NORTH AUGUSTA
±
FL O YD
M
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I
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O
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BUENA V
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GE N TR Y
PH
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EXHIBIT A
Outside City
Inside City
013-13-14-001
Approximately 0.24 ac
ATTACHMENT #11 Page 3 of 3
RESOLUTION NUMBER 2023-10
AUTHORIZATION FOR CITY ADMINISTRATOR TO CONSENT TO DEED OF
CORRECTION RELATED TO CONSERVATION EASEMENT AND
DECLARATION OF RESTRICTIONS AND COVENANTS ENTERED INTO BY
THE CITY ON NOVEMBER 18, 2013
WHEREAS, the City entered into an Agreement with DWT Properties, LLC, a Georgia
Limited Liability Company in November of 2013 that referred to a Conservation Easement in the
amount of 175.88 acres; and,
WHEREAS, the Agreement was authorized by Resolution No. 2013-33 of the City of
North Augusta that was approved by Council on the 18th day of November, 2013; and,
WHEREAS, the Resolution authorized the City Administrator to execute such documents
as necessary to complete the matter; and,
WHEREAS, the City has been contacted by representatives of DWT Properties, LLC
requesting that the City agree to a corrective Deed of Conservation Easement and Declarations of
Restrictions and Covenants to reflect the proper acreage of 164.71; and,
WHEREAS, the corrected deed refers to a plat dated July 3, 2012 that specifically shows
the 164.71 acres; and,
WHEREAS, plats referred to in the original Declaration showed the 164.71 acres; and,
WHEREAS, the Council has determined that it would be appropriate to consent to this
corrective deed.
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 Administrator is specifically authorized to execute the document attached hereto, Marked
Exhibit “A” and referred to by reference, such document titled Correction to Conservation
Easement and Declaration of Restrictions and Covenants.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _____ DAY OF MARCH,
2023.
Briton S. Williams, Mayor
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #12 Page 1 of 9
142095645.8
STATE OF SOUTH CAROLINA
COUNTY OF EDGEFIELD Cross Reference: OR Book 1458, pages 265-331
CORRECTION TO CONSERVATION EASEMENT AND
DECLARATION OF RESTRICTIONS AND COVENANTS
THIS CORRECTION TO CONSERVATION EASEMENT AND DECLARATION OF
RESTRICTS AND COVENANTS (this “Corrective Deed”) is made this ____ day of March,
2023, to be effective November 18, 2013 (“Effective Date”) by and between DWT PROPERTIES,
LLC, a Georgia limited liability company, whose address is 725 Greene Street, Augusta, Georgia
30901 (“Grantor”), to THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA (“City”), a
South Carolina city having an address of 100 Georgia Avenue, North Augusta, South Carolina
29841 (“Grantee”). (The words "Grantor" and "Grantee" to include any respective successors and
assigns where the context requires or permits.)
WHEREAS, Grantor was the owner in fee simple of certain real property consisting of
approximately 164.71 acres located predominantly in Edgefield County, South Carolina (with a
very small corner parcel on the east side, fronting on Gregory Lake Road, apparently lying in
Aiken County, South Carolina), formerly known as “North Augusta Golf Club,”, as more
particularly shown and described on the plat attached hereto as Exhibit A and incorporated herein
by this reference (the “Property”);
WHEREAS, Grantor did grant to Grantee that certain Conservation Easement and
Declaration of Restrictions and Covenants by and between the parties hereto, dated November 18,
2013, filed December 10, 2013, recorded in OR Book 1458, pages 265-331, Edgefield County,
South Carolina. which land is shown and described in Exhibit A attached hereto (hereinafter, the
“Conservation Easement”), to assure, among other things, that all of the Property of
approximately 164.71 acres, as more particularly shown and described on Exhibit A attached
hereto and incorporated herein by this reference, will be conserved, maintained, and preserved in
perpetuity in its natural, scenic, and open condition and be restricted from any development that
would impair or interfere with the Conservation Values as set forth in the Conservation Easement,
all pursuant to the terms of the Conservation Easement;
WHEREAS, at the time of the grant of the Conservation Easement, it was, and it still is,
the intent of Grantor and Grantee for the Conservation Easement, in terms and effect, to qualify as
a qualified conservation contribution under Section 170 of the Internal Revenue Code and
applicable regulations;
EXHIBIT "A"ATTACHMENT #12 Page 2 of 9
2
142095645.8
WHEREAS, the Conservation Easement was duly recorded on December 10, 2013, in OR
Book 1458, pages 265-331, Edgefield County, South Carolina;
WHEREAS, in order to assure that the above stated intent of Grantor and Grantee is
effected, the parties do desire to correct the legal description of the Property conveyed in the
Conservation Easement and to reflect that the Property consists of approximately 164.71 acres;
WHEREAS, nothing contained herein invalidates nor shall release or impair any covenant,
condition, agreement or stipulation in the Conservation Easement, except as herein clarified or
corrected.
NOW, THEREFORE, Grantor, as an absolute charitable gift with no monetary
consideration, but in consideration of the covenants, mutual agreements, conditions, and promises
contained in that certain Conservation Easement dated November 18, 2013, filed December 10,
2013, recorded in OR Book 1458, pages 265-331, Edgefield County, South Carolina, the receipt
and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Incorporation of Recitals. The recitals set forth above are hereby incorporated herein by
reference as if the same were fully set forth herein.
2. Defined Terms. All capitalized terms used in this Corrective Deed and not otherwise defined
herein shall have the definitions ascribed to them in the Conservation Easement.
3. Corrections to Conservation Easement. Grantor does unconditionally and irrevocably
hereby grant and convey unto Grantee, its successors and assigns, forever, a conservation
easement as defined in the South Carolina Conservation Easement Act S.C. Code Ann. §§ 27-
8-10 et seq. (without intending that the existence of this Conservation Easement be dependent
on the continuing existence of such laws), in perpetuity, over the Property described as follows:
ALL that piece, parcel or lot of land, with all improvements thereon, situate, lying
and being in the Counties of Aiken and Edgefield, State of South Carolina,
containing one hundred sixty-four and seventy-one hundredths (164.71) acres,
more or less, as will more fully appear by reference to a plat thereof, prepared by
Southern Partners, Inc. dated July 3, 2012. Said plat is incorporated in and made a
part and parcel of this description by reference thereto and should be referred to for
a more complete and accurate description as to the location, metes, bounds and
courses of said parcel.
Section 3.20 No assurance is given that any of the above Reserved Rights may be exercised,
in such a manner as Owner might propose, without having material adverse effect on the
Conservation Purposes or other significant ecological values of the Conservation Area.
Section 5.5 In the event that The City, after notice to Owner to enforce this Conservation
Easement or any obligation hereunder, all reasonable expenses incurred by The City be
charged and paid by the Owner, including reasonable attorney’s fees regardless of whether an
action or proceeding is commenced. All such expenses, together with costs of collection
EXHIBIT "A"ATTACHMENT #12 Page 3 of 9
3
142095645.8
(including reasonable attorney’s fees) if the Owner is determined by a court to have violated
this Conservation Easement, shall be recoverable by the City by liens upon the Conservation
Area, and collection thereof may be enforced by foreclosure and sale of the Conservation Area,
notwithstanding anything to the contrary, this Conservation Easement shall not merge with any
interest in the Conservation Area upon such sale and title shall be transferred subject hereto in
accordance with the laws of the State of South Carolina.
Section 6.4 Without limitation of anything herein to the contrary, Owner shall (a) retain all
responsibilities and shall bear all costs and liabilities of any kind related to the ownership,
operations, upkeep and maintenance of the Conservation Area, including the general liability
insurance coverage and obligation to comply with applicable law and (b) continue to pay all
taxes, levies, and assessments and other governmental or municipal charges which may
become a lien on the Conservation Area, including any taxes or levies imposed to make those
payments. The Owner must provide to the City proof of liability insurance with the City listed
as a named insured and that Owner must provide the City with a copy of the declaration within
10 days of each annual renewal.
Section 6.7 Owner and The City recognize that circumstances could arise which would justify
the modification of certain of the restrictions contained in this Conservation Easement. To this
end, The City the legal owner or owners of the Conservation Area at the time of amendment
shall mutually have the right, in their sole discretion. to agree to amendments to this
Conservation Easement which are not inconsistent with the Conservation Purposes; provided,
however, that The City shall have no right or power to agree to any amendments hereto that
would result in this Conservation Easement failing to qualify as a qualified conservation
contribution under Section 170 (h) of the Internal Revenue Code and applicable regulations or
as a "conservation easement'' under the South Carolina Conservation Easement Act.
4. Authority to Bind. The individuals signing below do hereby represent and warrant that they
have the requisite authority to bind the entity on whose behalf they are signing.
5. Counterparts. This Agreement may be executed in any number of separate counterparts, each
of which, when so executed, shall be deemed an original, and all said counterparts when taken
together shall be deemed to constitute but one and the same instrument.
6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
7. Miscellaneous. Except as expressly revised in this Agreement, the Conservation Easement, as
revised hereby, shall in all other respects remain in full force and effect and is ratified,
confirmed, and restated. The Conservation Easement and this Agreement constitute the entire
agreement between the parties regarding the same. Any and all references to the Conservation
Easement shall mean and refer to the Conservation Easement as modified by this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals and caused these
presents to be executed in their respective names by authority duly given, and their corporate seal
affixed, the day and year above written.
EXHIBIT "A"ATTACHMENT #12 Page 4 of 9
4
142095645.8
Signed, sealed and delivered
in the presence of:
___________________________________
WITNESS (1)
___________________________________
WITNESS (2)
DWT PROPERTIES, LLC, a Georgia limited
liability company
By:__________________________
Name: Donald W. Thompson
Title: President
THE CITY OF NORTH AUGUSTA, SOUTH
CAROLINA, an incorporated city of Edgefield
County, South Carolina
By:___________________________
Name:________________________
Title:_________________________
EXHIBIT "A"ATTACHMENT #12 Page 5 of 9
5
142095645.8
STATE OF SOUTH CAROLINA
COUNTY OF _______________
I, THE UNDERSIGNED, a Notary Public in and for said County and State, hereby certify
that Donald W. Thompson, President of DWT Properties, LLC, whose name is signed to the
foregoing instruction, and who is known to me, acknowledged before me on this day that being
informed of the contents of the instrument, that he executed it voluntarily.
_______________________________________
SWORN TO BEFORE ME THIS
___ day of ______________, 2023
_____________________________
NOTARY PUBLIC FOR SOUTH
CAROLINA
MY COMMISSION EXPIRES:
EXHIBIT "A"ATTACHMENT #12 Page 6 of 9
6
142095645.8
STATE OF SOUTH CAROLINA
COUNTY OF _______________
I, THE UNDERSIGNED, a Notary Public in and for said County and State, hereby certify
that ___________________________, City Administrator for the City of North Augusta, whose
name is signed to the foregoing instruction, and who is known to me, acknowledged before me on
this day that being informed of the contents of the instrument, that he executed it voluntarily.
_______________________________________
SWORN TO BEFORE ME THIS
___ day of ______________, 2023
_____________________________
NOTARY PUBLIC FOR SOUTH
CAROLINA
MY COMMISSION EXPIRES:
EXHIBIT "A"ATTACHMENT #12 Page 7 of 9
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142095645.8
EXHIBIT A
Plat
EXHIBIT "A"ATTACHMENT #12 Page 8 of 9
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