STATE OF SOUTH CAROLINA            )

                                                            )            ORDINANCE NO. 03-12-07

COUNTY  OF  NEWBERRY              )

 

AN ORDINANCE TO APPROVE GRANTING A NON-EXCLUSIVE ROAD RIGHT OF WAY EASEMENT TO SOUTHEAST RESOURCE RECOVERY, LLC ACROSS THE 45.96 ACRE PROPERTY OF NEWBERRY COUNTY WHICH FRONTS ON HIGHWAY 121.

 

            WHEREAS, Newberry County owns a 45.96 acre property, the eastern boundary of which fronts on Highway 121 near the City of Newberry, and which abuts the property of Southeast Resource Recovery, LLC on its western boundary; and

 

            WHEREAS, Southeast Resource Recovery, LLC has been duly permitted by the South Carolina Department of Health and Environmental Control to operate an industrial solid waste landfill operation on its property and Newberry County has included the operation of this landfill facility in its current Solid Waste Management Plan for the county; and

 

            WHEREAS, with the approval of Newberry County Council, the County entered into an Agreement with Southeast Resource Recovery, LLC whereby, in exchange for the payment of a one time host fee and other valuable consideration, the receipt of which is acknowledged, the County agreed to construct a paved access road across its property of sufficient width and durability to handle the anticipated truck traffic which would be coming into and out of the landfill facility, and as part of that Agreement, the County agreed to give Southeast Resource Recovery, LLC a non-exclusive easement appurtenant to its property for the use of the road right of way; and

 

            WHEREAS, Southeast Resource Recovery, LLC, as it prepares to begin active operation of its landfill facility, has now requested that Newberry County Council take formal action to approve and convey the said easement to it; and

 

            WHEREAS, the Newberry County Council has determined that the granting of this easement is a proper public purpose, which will not interfere with the County’s use of its property, and which will promote the implementation of its Solid Waste Management Plan, and is in furtherance of the County’s contractual obligations to Southeast Resource Recovery, LLC.

           

            NOW, THEREFORE,

 

BE IT ORDAINED BY NEWBERRY COUNTY COUNCIL:

 

1.         That the grant of the non-exclusive road right of way easement, in the form attached hereto as Exhibit A,” as requested by Southeast Resource Recovery, LLC is hereby approved, and the Chairman of Newberry County Council is hereby authorized to execute same upon final approval of this Ordinance.

AND IT IS SO ORDAINED by Newberry County Council this 18th day of April, 2007 in meeting duly assembled at Newberry, South Carolina.

 

                                                                        NEWBERRY COUNTY COUNCIL

 

(SEAL)                                                BY:__________________________________

                                                                        Henry B. Summer, Chairman

 

ATTEST:

 

 

__________________________________

Susan C. Fellers, Clerk to Council

 

1st reading:                   March 21, 2007

Public Hearing:            April 18, 2007

2nd reading:                   April 4, 2007

3rd reading:                   April 18, 2007

 

Reviewed and approved as to form by:

 

________________________________________

Gary T. Pope, County Attorney

 

________________________________________

Wayne Adams, County Administrator