STATE OF SOUTH CAROLINA )

) ORDINANCE NO. 03-09-08

COUNTY OF NEWBERRY )

AN ORDINANCE TO ACCEPT FRANDEENA COURT INTO THE COUNTY PUBLIC ROAD SYSTEM, TO BE MAINTAINED AS ARE ALL OTHER COUNTY MAINTAINED ROADS, AND MATTERS RELATING THERETO.

WHEREAS, Frandeena Court is a dead end gravel road, located off of the Macedonia Church Road below Prosperity, with a platted sixty-six foot right of way and a one hundred thirty-two foot diameter cul de sac at the end of it, with the entire road being approximately seventeen hundred feet in length; and

WHEREAS, Frandeena Court was built in or about 1994 in accordance with then -existing County Road specifications by a qualified road construction contractor and was inspected during construction by the County Public Works Director, who approved the quality of the construction work which went into this road, it being the intention of the owners and of the County that the Road would be accepted into the County road maintenance system when the road was finished, and final approval had been given by the County Public Work s Director; and

WHEREAS, due to an oversight and a change in personnel in the office of the Director of Public Works, the road was never formally accepted into the County road system as had been originally intended, and a request has now been made by the current owner of Frandeena Court to correct this oversight and for the road to be accepted in the County road system; and

WHEREAS, although it is the current policy of Newberry County Council to not accept new gravel roads into the county system, it is also the policy of the County Council to correct oversights and to attempt to correct injustices which may have unintentionally been done in years past, but which affect taxpayers who thought that they were buying property on a properly constructed road which would be accepted by the County into the County road system; and

WHEREAS, Newberry County Council has determined that the right of way width meets current county specifications and that the cul de sac at the end of the road is adequate for emergency vehicles to turn around in, and that the gravel base will only need minimal work to bring it into compliance with current county standards.

NOW, THEREFORE, in order to correct the oversight of not having previously accepted FRANDEENA COURT into the county road maintenance system,

IT IS ORDAINED that FRANDEENA COURT, as depicted under the name “Nichols Court” and containing 2.685 acres as more particularly described on a plat prepared for Mary Hardt Estates by Hugh F. Longshore, Jr., RLS, of Longshore Surveying and recorded in at Plat Book B-146 at page 2 in the office of the Clerk of Court for Newberry County, which plat is incorporated herein by reference, will be accepted into the Newberry County road maintenance system and maintained as are all other county-maintained roads, upon presentation by the current owner of FRANDEENA COURT of a proper, duly executed deed conveying the aforesaid right of way in and to FRANDEENA COURT to the County of Newberry, and the acceptance of such deed by the County, and the recording of same in the office of the Clerk of Court for Newberry County.

AND IT IS SO ORDAINED this _____ day of April , 2008 by the Newberry

County Council in meeting duly assembled at Newberry, South Carolina.

NEWBERRY COUNTY COUNCIL

by:___________________________________

Henry B. Summer, Chairman

(SEAL)

ATTEST:________________________________

Susan C. Fellers

Clerk to Council

1st reading: February 20, 2008

2nd reading: March 12, 2008

3rd reading:_____________

Reviewed and approved as to form by:

________________________________________

Gary T. Pope, County Attorney

________________________________________

Wayne Adams, County Administrator