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.
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First Reading: fAebN+a-py7, 2023
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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-_
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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