RES 2026-06 Authorizing Consent to Conversion of Apartments to Condos in Clubhouse Unit 4 AdoptedRESOLUTION NO. 2026-06
A RESOLUTION AUTHORIZING THE CITY, AS THE OWNER OF UNIT 2 OF THE CLUBHOUSE
AT RIVERSIDE VILLAGE CONDOMINIUM HORIZONTAL PROPERTY REGIME, TO PROVIDE
ITS WRITTEN CONSENT TO ALLOW THE OWNER OF UNIT 4 OF THE CLUBHOUSE AT
RIVERSIDE VILLAGE CONDOMINIUM HORIZONTAL PROPERTY REGIME TO
CONVERT APARTMENTS IN SUCH UNIT 4 TO CONDOMINIUM UNITS
WHEREAS, the City of North Augusta, South Carolina (the “City”) is the owner of Unit 2
within the horizontal property regime established by that Master Deed for the Clubhouse at
Riverside Village Condominium Horizontal Property Regime dated December 15, 2017, and
recorded December 15, 2017, in the Office of the Aiken County Register of Deeds in Book 4697,
Pages 788-855 (the “Master Deed”); and
WHEREAS, Biofuel Riverside, LLC, a South Carolina limited liability company
(“Declarant”), is the owner of Units 1, 3 and 4 within the horizontal property regime established
by the Master Deed and is the declarant under a proposed Master Deed for the Clubhouse at
Riverside Village Residences Horizontal Property Regime (the “Residential Condominium
Deed”); and
WHEREAS, Declarant has duly incorporated Clubhouse Residences Condominium
Association, Inc. as a nonprofit membership corporation under the laws of the State of South
Carolina (the “Association”); and
WHEREAS, Declarant desires to create a horizontal property regime and submit the
Property, as defined in the Residential Condominium Deed, to the condominium form of
ownership pursuant to the provisions in the Horizontal Property Act, South Carolina Code of Laws,
(1976), Section 27-31-10 et seq., as amended, and has requested that the City join with the
Association and the Declarant in consenting to the conversion of the apartments currently
comprising Unit 4 under the Master Deed to condominium units; and
WHEREAS, the Mayor and City Council have considered Declarant’s request for written
consent and deem it to be advisable and in the City’s best interest to authorize officers of the City
to execute such consent, so long as such consent (a) provides that the City makes no representation
or warranty as to the validity of the conversion to the condominium form of ownership and has no
obligation to ensure that the necessary documents, instruments or approvals are obtained in order
to effect such conversion and (b) acknowledges that the property subject to the Residential
Condominium Deed is subject to the assessment lien imposed on real property within the Ballpark
Village Municipal Improvement District (the “MID”) created by Ordinance 2016-23 adopted by
the City Council of the City on February 6, 2017.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of
North Augusta, in a meeting duly assembled and by the authority thereof, that:
1. The City Administrator is hereby authorized to execute, on behalf of the
City, as the owner of Unit 2 under the Master Deed, a written consent to the
conversion of the apartments currently comprising Unit 4 under the Master
Deed to condominium units, as provided in the Residential Condominium