STATE OF SOUTH CAROLINA            )

                                                            )                       RESOLUTION NO. 10-07

COUNTY OF  NEWBERRY             )

 

 

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE EXTENSION OF OUTBACK DRIVE INTO THE NEWBERRY COUNTY PUBLIC ROAD SYSTEM

 

            WHEREAS, Newberry County Council has been petitioned by the developer of The Outback Subdivision near Lake Murray to accept a recently constructed extension of Outback Drive into the County Public Road System; and

WHEREAS, the County Council Road Committee has reviewed the Petition and has made a recommendation that Newberry County Council consider accepting the road, which meets County gravel road specifications. pending receipt by Council of a report from the County Attorney, and

WHEREAS,  the County Attorney has reported that the Road Ordinance authorizes the acceptance of a gravel road into the County system, that the road has apparently been built to County specifications, and that the addition of the road extension will allow emergency vehicles  an alternate means of access to the homes in the Outback Subdivision as well as to homes served by Lakewood Drive, and that the addition of the road would provide better public access to both the Outback Subdivision, and to the Lakewood Drive area, and would tend to reduce the damage that could be done to Lakewood Drive from heavy truck traffic, while the new homes in The Outback Subdivision are under construction.  Further, the developer has expressed a willingness to accept the expense of paving this extension of Outback Drive as soon as a more formal development plan is approved and is in place.

 NOW, THEREFORE, BE IT RESOLVED by Newberry County Council that the extension of Outback Drive, which extends from the end of the existing Outback Drive approximately seven-tenths of a mile to S.C. Highway 391, the same being a right of way sixty-six feet in width throughout, is hereby accepted into the County Public Road System as a public road of Newberry County as soon as the County Administrator is presented with an acceptable  written deed of easement, duly executed by the required parties,  and upon the recording of that instrument, the County of Newberry will thereafter be responsible for the maintenance and upkeep of said road, but not for the initial paving of said road, and the road will be under the jurisdiction of the County for purposes of law enforcement and regulation of use, including issuing encroachment permits for installation of utility easements in the road right of way; provided, however, that the developer shall have the responsibility for paying the cost of preparing the road for paving and paving the said road to County specifications when the time for paving comes, and shall provide a bond, or irrevocable Letter of Credit,  to the County in the amount of $150,000 to ensure that the road is paved to County Specifications no later than October 31,  2008, and that the County is under no obligation to initially pave the road, and any purchasers of lots on said road will be so advised in writing by the developer at the time of the sale of the lot(s) by the developer.   This bond is in addition to the bond for the two year warranty period.

            AND IT IS SO RESOLVED IN MEETING DULY ASSEMBLED AT NEWBERRY,

 

SOUTH CAROLINA, THE 2nd DAY OF MAY,  2007.

 

 

(SEAL)                                                            NEWBERRY COUNTY COUNCIL

 

                                                                        By:__________________________

                                                                                    Henry B. Summer, Chairman

Attest:_______________________________

            Susan C. Fellers, Clerk to Council