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Ordinance-2023-03ATTACHMENT 1 PROPOSED ORDINANCE 2023- ORDINANCE 2023-_ 0_3_ AN ORDINANCE OF THE TOWN OF HILTON HEAD ISLAND, SOUTH CAROLINA, AUTHORIZING THE EXECUTION OF A DEED CONVEYING CERTAIN PROPERTY OWNED BY THE TOWN OF HILTON HEAD ISLAND, SOUTH CAROLINA, UNDER THE AUTHORITY OF S. C. CODE ANN. § 5-7- 40 (SUPP. 2021), AND § 2-7-209 CODE OF THE TOWN OF HILTON HEAD ISLAND, SOUTH CAROLINA, (1983); AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. LEGISLATIVE FINDINGS WHEREAS, The Town of Hilton Head Island, South Carolina, owns real property on Squire Pope Road identified as Tax Map Number R 511 007 000 004C 0000 (hereinafter the "Town Property"); and, WHEREAS, Ibrahim Abdul -Malik and Mumtahana Abdul -Malik own an adjacent real property identified as Tax Map Number R 511 007 000 005A 0000 (hereinafter the "Abdul -Malik Property"); and, WHEREAS, a driveway serving the Abdul -Malik Property encroaches onto the Town Property and the encroachment is 825 square feet; and, WHEREAS, the area of the encroachment is shown on the Plat attached hereto as Exhibit "B"; and, WHEREAS, due to questions concerning the duration of the encroachment, the Town is willing to convey the area of the encroachment to Ibrahim Abdul -Malik and Mumtahana Abdul -Malik; and, WHEREAS, S. C. Code Ann. § 5-7-40 (Supp. 2018) and § 2-7-20, Code of the Town of Hilton Head Island, South Carolina, (1983), states that the lease, conveyance or granting of an interest in real property owned by the Town of Hilton Head Island, South Carolina, must be authorized by Ordinance. Page 1 of 3 NOW THEREFORE, BE IT ORDERED AND ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF HILTON HEAD ISLAND, SOUTH CAROLINA; AND IT IS ORDAINED BY THE AUTHORITY OF THE SAID TOWN COUNCIL, AS FOLLOWS: Section 1. Conveyance of Town Owned Property: The Mayor and the Town Manager are authorized to execute and deliver a quit claim deed conveying 825 square feet of the Town Properly to Ibraham Abdul -Malik and Mumtahana Abdul -Malik. The quit claim deed will be in a form and substance as the document attached hereto as Exhibit "A." The property described in the quit claim deed is shown on the plat attached hereto as Exhibit "B." Section 2. Severability. If any section, phrase, sentence, term or part of this Ordinance is, for any reason, held or deemed to be invalid or unconstitutional by any court of competent jurisdiction, then such section, phrase, sentence or portion shall be deemed a separate, distinct and independent part and shall not affect the remaining parts of this Ordinance. Page 2 of 3 Section 3. Effective Date. This Ordinance shall become effective upon adoption by the Town Council for the Town of Hilton Head Island, South Carolina. PASSED, APPROVED AND ADOPTED BY THE TOWN COUNCIL FOR THE TOWN OF HILTON HEAD ISLAND, SOUTH CAROLINA, ON THIS a r St- DAY OF AtARC-I-1; 2023. Fe brit c-f-� -�waZ2�� Alan . Pwfiy, MgTr 7 t7 n Lc a ✓ First Reading: fAebN+a-py7, 2023 �n AC /-; ." �uL� C i� �- l�. Second Reading: Approved as to form: Curtis L. Coltrane, Town Attorney Introduced by Council Member: D-e' v f GI Page 3 of 3 EXHIBIT "A" TO ORDINANCE 2023- STATE OF SOUTH CAROLINA COUNTY OF BEAUFORT ATTACHMENT 2 QUIT CLAIM DEED Know All Persons by These Presents, that The Town of Hilton Head Island, South Carolina, in the State aforesaid and in consideration of the sum of One and no/too ($1.00) Dollars, to them in hand paid at and before the execution, sealing and delivery of these presents, by Ibrahim Abdul -Malik and Mumtahana Abdul -Malik, having an address of 131 Squire Pope Road, Hilton Head Island, SC, 29926, in the State aforesaid, the receipt whereof is hereby acknowledged, subject to the easements, restrictions, and conditions set forth in the legal description below, have granted, released and quit claimed, and by these Presents do grant, release and quit claim to Ibrahim Abdul -Malik and Mumtahana Abdul - Malik the following property: All that certain piece, parcel or lot of land, shown and described as "Area to be Transferred to Lot 131, 825 Sq. Ft. 0.02 Ac." on a Plat entitled "Boundary Reconfiguration of Lot 131 and Tax Parcel R 511007 000 004C 0000, Squire Pope Road, Hilton Head Island, Beaufort County, South Carolina," prepared by Mark R. Renew, SCPLS 25437, dated November 5, 2021, and recorded in the Office of the Register of Deeds for Beaufort County, South Carolina, in Plat Book at Page Pagel of 3 This conveyance is made subject to all applicable covenants, conditions, limitations, easements, affirmative obligations, etc., recorded in the Office of the Register of Deeds for Beaufort County, South Carolina. This being a part of the same property conveyed to The Town of Hilton Head Island, South Carolina, by Deed recorded in the Office of the Register of Deeds for Beaufort County, South Carolina in Record Book 2283 at Page 1383. This Deed was prepared in the law office of Coltrane & Wilkins, LLC, Post Office Box 68o8, Hilton Head Island, South Carolina, 29938, by Curtis L. Coltrane. A Part of TMS# R 511 007 000 005A 0000 Together with all and singular, the Rights, Members, Hereditaments and Appurtenances to the said Premises belonging, or in anywise incident or appertaining. To Have and to Hold, all and singular, the said Premises before mentioned to Ibrahim Abdul -Malik and Mumtahana Abdul -Malik. Page 2 of 3 Witness the hand and seal of the duly authorized officers of The Town of Hilton Head Island, South Carolina, on this WITNESSES: day of March, 2023. THE TOWN OF HILTON HEAD ISLAND, SOUTH CAROLINA By. as Alan R. Perry, Mayor Marc A. Orlando, Town Manager STATE OF SOUTH CAROLINA ) UNIFORM ACKNOWLEDGMENT COUNTY OF BEAUFORT ) The undersigned Notary Public does hereby certify that Alan R. Perry, Mayor, and MarcA. Orlando, Town Manager, the duly authorized officers of The Town of Hilton Head Island, South Carolina, personally appeared before me this day and acknowledged the due execution of this Quit Claim Deed. Sworn to before me on this Day of March, 2023. Notary Public for South Carolina My Commission Expires: Page 3 of 3 EXHIBIT "B" TO ORDINANCE 2023-_ _Y }Q� a � o a a p ZZ �f O Zy JOpp ,LL�gT]�� �•20 FBI ~LL L v IIWYY C C o� �� SQUIRE PDPE ROAD SC 7-141 66 R� z��g = g ms�2CE a C4 03.0� 7a 538. '42'17'W � KtW 1S 7 7 � o s o ! q Ih g � e I I < <s y 0 _ awg I W I � � a 81. c i W 8 4 t I� j a I qq y p Y� 14 �83 3g$ I I m.m m.so m 8 $ 5So l9b 011 U ,xm �- N47K850'E 1z ff � � r Iwa�� z= 5=9 1= •,4$I S 1'3 hn W p {tea -gam- ��` =Az • 80 TO: FROM: VIA: DATE: SUBJECT: TOWN OF HILTON HEAD ISLAND Town Council Town Council Joshua Gruber, Deputy Town Manager Marc Orlando, Town Manager February 3, 2023 Ordinance to Transfer a Portion of Town Owned Property to Ibrahim Abdul -Malik and Mumtahana Abdul -Malik RECOMMENDATION: The Town Council consider an Ordinance authorizing the transfer of a portion of Town owned property located at 137 Squire Pope Road to Ibrahim Abdul -Malik and Mumtahana Abdul -Malik to resolve an encroachment of 825 square feet that was preexisting on the property at the time that the Town acquired it. BACKGROUND: The Town owns real property located at 137 Squire Pope Road and is identified as Tax Map Number R 511 007 000 004C 0000 (Rowing and Sailing Center). This property was purchased in 2006 and at the time of acquisition, a gravel driveway accessing the property located at 131 Squire Pope Driveway existed based upon ariel photography that the Town possesses from this time period. However, the survey that the Town received in conjunction with its purchase of the property located at 137 Squire Pope Road failed to delineate this existing encroachment. In order to resolve this conflict, the Town has prepared a draft ordinance that would convey this 825 square feet area to the Abdul-Malik's in order to facilitate the continued use of this driveway as access to 131 Squire Pope Road. Town Council gave preliminary approval on first reading of this Ordinance at its January 17, 2023 meeting by a vote of 6-1. SUMMARY: Based on the fact that the Town should have been aware of the existing encroachment at the time that it acquired real property, the Town should consider adopting an Ordinance authorizing the transfer of this property to the neighboring landowner to facilitate their lawfully continued use. Stephen G. Riley Municipal Complex One Town Center Court # Hilton Head Island , South Carolina o 29928 www.hiltonheadislandsc.gov Page 2 of 2 ATTACHMENTS: 1. Draft Ordinance Authorizing the Execution of a Deed Conveying a Portion of Real Property Owned by the Town of Hilton Head Island Located at 137 Squire Pope Road 2. GIS Ariel Photographs of 131 and 137 Squire Pope Road TOWN OF HILTON HEAD ISLAND Town Council TO: Town Council FROM: Joshua Gruber, Deputy Town Manager VIA: Marc Orlando, Town Manager DATE: December 20, 2022 SUBJECT: First Reading of Proposed Ordinance 2023-05 Authorizing the Execution of a Deed Conveying a Portion of Real Property Owned by the Town of Hilton Head Island Located at 137 Squire Pope Road RECOMMENDATION: The Town Council consider an Ordinance authorizing the transfer of a portion of Town owned property located at 137 Squire Pope Road to Ibrahim Abdul -Malik and Mumtahana Abdul -Malik to resolve an encroachment of 825 square feet that was preexisting on the property at the time that the Town acquired it. BACKGROUND: The Town owns real property located at 137 Squire Pope Road and is identified as Tax Map Number R 511 007 000 004C 0000 (Rowing and Sailing Center). This property was purchased in 2006 and at the time of acquisition, a gravel driveway accessing the property located at 131 Squire Pope Driveway existed based upon ariel photography that the Town possesses from this time period. However, the survey that the Town received in conjunction with its purchase of the property located at 137 Squire Pope Road failed to delineate this existing encroachment. In order to resolve this conflict, the Town has prepared a draft ordinance that would convey this 825 square feet area to the Abdul-Malik's in order to facilitate the continued use of this driveway as access to 131 Squire Pope Road. ATTACHMENTS: 1. Draft Proposed Ordinance 2023-05 2. Draft Quit Claim Deed 3. Copy of the Plat with Boundary Reconfigurations Stephen G. Riley Municipal Complex One Town Center Court # Hilton Head Island # South Carolina # 29928 www.hiltonheadislandsc.gov