state of south carolina ) county of york ) ordinance …

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STATE OF SOUTH CAROLINA ) COUNTY OF YORK ) ORDINANCE ___ CITY OF TEGA CAY ) TO CONVEY ANY OF THE CITY’S INTERESTS TO DRAKE GARDENDALE, LLC IN CERTAIN REAL PROPERTY INCORPORATED WITHIN THE CORPORATE LIMITS OF THE CITY OF TEGA CAY OF APPROXIMATELY 0.085ACRES, A PORTION OF TAX MAP NUMBER 644-01-01-309, AS FURTHER DESCRIBED ON THE QUIT CLAIM DEED ATTACHED HERETO AND INCORPORATED BY REFERENCE WHEREAS, in accordance with the Development Agreement entered into by the City of Tega Cay (“City”) and Drake Gardendale, LLC (“Drake”), dated August 4, 2005, and more particularly the Third Amendment of said Development Agreement, dated February 23, 2009, Drake Gardendale did convey a total amount of land in excess of the 142 acres required by said Agreement, and WHEREAS, certain provisions of the Development Agreement provide that under certain circumstances Drake may request reconveyance of portions of the property previously conveyed by Drake to the City pursuant to the Development Agreement; and WHEREAS, this reconveyance has been requested by Drake and pursuant to the terms and conditions of the Development agreement, the City finds the conveyance to Drake of the real estate designated as a portion of York County Tax Map Number 644-01-01-309, containing approximately 3,726 square feet (0.085 acres), as described on the attached quit claim deed, is necessary for the correction and/or accommodation of field conditions which impair the development of Lot 688. NOW, THEREFORE BE IT ORDAINED by the Mayor and Members of City Council duly assembled; SECTION I. That the City’s interests in the land consisting of 0.085 acres and further described on the attached quit claim deed shall be conveyed to, Drake Gardendale, LLC pursuant to the terms and conditions of the quit claim deed. SECTION II. That the City’s City Manager is authorized to execute such quit claim deed, and other customary documents associated with such deed, on behalf of the City. FIRST READING: ____________ SECOND READING: ____________ Enacted this ____ day of _____, 2014, by a majority vote of the duly elected City Council of the City of Tega Cay, South Carolina. SIGNED: ___________________________________ George C. Sheppard, Mayor [SEAL] ___________________________________ Jennifer Stalford, Mayor Pro Tempore ___________________________________ Dottie Hersey, Council Member ___________________________________ ATTEST: Ron Kirby, Council Member _________________________________ ___________________________________ Charlie Funderburk, City Manager Chris Landvik-Larsen, Council Member

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STATE OF SOUTH CAROLINA )

COUNTY OF YORK ) ORDINANCE ___

CITY OF TEGA CAY )

TO CONVEY ANY OF THE CITY’S INTERESTS TO DRAKE GARDENDALE, LLC IN CERTAIN

REAL PROPERTY INCORPORATED WITHIN THE CORPORATE LIMITS OF THE CITY OF TEGA

CAY OF APPROXIMATELY 0.085ACRES, A PORTION OF TAX MAP NUMBER 644-01-01-309, AS

FURTHER DESCRIBED ON THE QUIT CLAIM DEED ATTACHED HERETO AND

INCORPORATED BY REFERENCE

WHEREAS, in accordance with the Development Agreement entered into by the City of Tega Cay (“City”) and

Drake Gardendale, LLC (“Drake”), dated August 4, 2005, and more particularly the Third Amendment of said

Development Agreement, dated February 23, 2009, Drake Gardendale did convey a total amount of land in excess

of the 142 acres required by said Agreement, and

WHEREAS, certain provisions of the Development Agreement provide that under certain circumstances Drake

may request reconveyance of portions of the property previously conveyed by Drake to the City pursuant to the

Development Agreement; and

WHEREAS, this reconveyance has been requested by Drake and pursuant to the terms and conditions of the

Development agreement, the City finds the conveyance to Drake of the real estate designated as a portion of York

County Tax Map Number 644-01-01-309, containing approximately 3,726 square feet (0.085 acres), as described

on the attached quit claim deed, is necessary for the correction and/or accommodation of field conditions which

impair the development of Lot 688.

NOW, THEREFORE BE IT ORDAINED by the Mayor and Members of City Council duly assembled;

SECTION I. That the City’s interests in the land consisting of 0.085 acres and further described on the

attached quit claim deed shall be conveyed to, Drake Gardendale, LLC pursuant to the terms and conditions of the

quit claim deed.

SECTION II. That the City’s City Manager is authorized to execute such quit claim deed, and other customary

documents associated with such deed, on behalf of the City.

FIRST READING: ____________

SECOND READING: ____________ Enacted this ____ day of _____, 2014, by a majority vote of the duly elected City Council of the City of Tega

Cay, South Carolina.

SIGNED: ___________________________________

George C. Sheppard, Mayor

[SEAL]

___________________________________

Jennifer Stalford, Mayor Pro Tempore

___________________________________

Dottie Hersey, Council Member

___________________________________

ATTEST: Ron Kirby, Council Member

_________________________________ ___________________________________

Charlie Funderburk, City Manager Chris Landvik-Larsen, Council Member

Ordinance ___

Certificate of Adoption

I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting of the City Council of the City of Tega Cay, South Carolina, held on the ____ day of ____, 2014.

Katie Poulsen

______________________________ Municipal Clerk