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ORD 2024-04 Easement City of North Augusta PDF RW-5-E-G-SC (Rev. 4-2019) Easement # 905193 INDENTURE, made this _________ day of ____________________, 2023 by and between CITY OF NORTH AUGUSTA of the State of South Carolina, hereinafter called “Grantor” (whether singular or plural), and the 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, owning a tract or development known as situate in the County of Aiken, State of South Carolina, shown on a certain plat or various plats filed or to be filed in the office of the public records of said County and generally described as follows: Being a tract or lot of land containing 4.45 acres, more or less, and being the same lands conveyed to Grantor by deed of ESTATE OF STARKEY SHARPE FLYTHE, JR. ET AL., dated or recorded 06/27/2016 and 04/29/2016, and filed in the Register of Deeds office for Aiken County in Deed Book 4611 at Page 424 and in Deed Book 4601 at Page 1897. Property is located along Georgia Ave in Aiken County, South Carolina. Right of Way is hereby granted for new electric facilities as is more or less shown on Dominion Energy Drawing "D-85092" and revisions thereof which is by reference only made a part hereof. TMS: 007-07-06-003 The Grantor hereby grants and conveys to Grantee, its successors and assigns, the right, privilege and authority, from time to time, to enter upon, construct, extend, inspect, operate, replace, relocate, repair and perpetually maintain upon, over, under, along, across and through any and all property shown on the plat of land referred to above, and upon, over, under, along, across and through any and all streets, alleys, roads or other public ways or places of said development now existing or hereafter laid out, 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, together with the right of ingress, egress and access to and from such rights of way, across and upon the lands of Grantor, as may be necessary or convenient for the purposes connected therewith. 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, from time to time, to install guy wires upon lots in said development, to overhang lots with conductors, cross arms and service wires 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 borne 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 successor and assign 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. 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: [SIGNATURES TO FOLLOW] RW-5-E-G-SC (Rev. 4-2019) Easement # 905193 CITY OF NORTH AUGUSTA _________________________________________________________ By: _____________________________________________________(SEAL) 1st Witness _________________________________________________________ ____________________________________________________________ 2nd Witness Print Name __________________________________________________ Title ACKNOWLEDGMENT STATE OF SOUTH CAROLINA ) ) COUNTY OF____________________) The foregoing instrument was acknowledged before me, the undersigned Notary, and I do hereby certify that the within named _______________________________________ as __________________________________________________ for CITY OF NORTH AUGUSTA personally appeared before me this day and that the above named acknowledged the due execution of the foregoing instrument. Sworn to before me this ________________ day of ________________________________, 2023 ________________________________________________________________________ Signature of Notary Public State of SC My commission expires: _____________________________________________________ ________________________________________________________________________ Print Name of Notary Public RW-5-E-G-SC (Rev. 4-2019) RIGHT OF WAY GRANT TO DOMINION ENERGY SOUTH CAROLINA, INC. Line: NORTH AUGUSTA PUBLIC SAFETY HEADQUARTERS County: Aiken R/W File Number: 26948 Grantor(s): CITY OF NORTH AUGUSTA Return to: DESC