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95/15 r117.8 AN ORDINANCE EXTENDING THE BOUNDARIES OF SEA PINES PUBLIC SERVICE DISTRICT, SOUTH CAROLINA. ARTICLE I FINDINGS OF FACT As an incident to the adoption of this Ordinance, the County Council of Beaufort County, South Carolina (the "County Council"), the governing body of Beaufort County, South Carolina (the "County") finds that the facts set forth in this Article exist, and the statements made with respect thereto are true and correct: Section 1.01. By action previously taken, the County Council, ordered that a public hearing on the question of the extension of the boundaries of Sea Pines Public Service District (the "District") be held in the County Council Chambers, County Administration Building in Beaufort, South Carolina at 6:00p.m. on Monday, April 10, 1995, and notice of such hearing has been duly published once a week for three successive weeks in The Beaufort Gazette and in The Island Packet which are newspapers of general circulation in Beaufort County. Section 1.02. In accordance with the provisions of Act No. 926 enacted at the 1974 Session of the South Carolina General Assembly approved July 9, 1974 now codified as Article 3 of Chapter 11 of Title 6 (Sections 6-11-410 through 6-11-650, inclusive) (the "Enabling Act"), the County Council is now to make a finding as to whether or not the boundaries of the District should be extended. 1

CAROLINA. FINDINGS OF FACT - Beaufort County · ENLARGEMENT OF THE DISTRICT Section 3.01. The boundaries of the District shall be enlarged to include within ... of Pope Avenue and

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Page 1: CAROLINA. FINDINGS OF FACT - Beaufort County · ENLARGEMENT OF THE DISTRICT Section 3.01. The boundaries of the District shall be enlarged to include within ... of Pope Avenue and

95/15 r117.8

AN ORDINANCE

EXTENDING THE BOUNDARIES OF SEA PINES PUBLIC SERVICE DISTRICT, SOUTH CAROLINA.

ARTICLE I

FINDINGS OF FACT

As an incident to the adoption of this Ordinance, the County Council of Beaufort

County, South Carolina (the "County Council"), the governing body of Beaufort County, South

Carolina (the "County") finds that the facts set forth in this Article exist, and the statements

made with respect thereto are true and correct:

Section 1.01. By action previously taken, the County Council, ordered that a

public hearing on the question of the extension of the boundaries of Sea Pines Public Service

District (the "District") be held in the County Council Chambers, County Administration

Building in Beaufort, South Carolina at 6:00p.m. on Monday, April 10, 1995, and notice of

such hearing has been duly published once a week for three successive weeks in The Beaufort

Gazette and in The Island Packet which are newspapers of general circulation in Beaufort

County.

Section 1.02. In accordance with the provisions of Act No. 926 enacted at the 1974 Session of

the South Carolina General Assembly approved July 9, 1974 now codified as Article 3 of

Chapter 11 of Title 6 (Sections 6-11-410 through 6-11-650, inclusive) (the "Enabling Act"), the

County Council is now to make a finding as to whether or not the boundaries of the District

should be extended.

1

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('11~9

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF

BEAUFORT COUNTY IN MEETING DULY ASSEMBLED:

ARTICLE II

DETERMINATION OF COUNTY COUNCIL

Section 2.01. It is found and determined that the service area of the District shall

be extended to include the areas generally known as Wexford Plantation on Hilton Head Island

as more fully described in Article III below.

ARTICLE III

ENLARGEMENT OF THE DISTRICT

Section 3.01. The boundaries of the District shall be enlarged to include within

its boundaries and service area certain areas located in the central portion of Hilton Head Island

generally known as Wexford Plantation shown and depicted on Exhibit "A" attached hereto. The

enlarged District boundaries are more particularly described as follows:

SEA PINES PUBLIC SERVICE DISTRICT

ALL that certain tract of land located in and situate on Hilton Head Island, Beaufort County, South Carolina known now or formerly as the properties of the Sea Pines Plantation, Long Cove Club, Wexford Plantation, and the Palmetto Bay area, which properties cover the southernmost portion of Hilton Head Island and contain approximately 6,100 acres more or less, said property being more specifically described by the following boundaries:

The point of beginning is a concrete monument located on the southeast corner of Canvas Back Subdivision, as shown on a plat recorded in Plat Book 16 at Page

2

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20 in the Office of the Clerk of Court for Beaufort County, South Carolina, hence running in a northerly direction along the existing boundary of the said Canvas Back Subdivision on to the intersection of South Forest Beach Drive; hence continuing on the same course for a distance of approximately 50' to the centerline of the right-of-way for South Forest Beach; hence running in a northwesterly direction along the centerline of South Forest Beach Drive to the intersection of the centerline of the rights-of-way of Cardillo Parkway and South Forest Beach Drive; hence northeasterly along the said centerline of the right-of-way of Cardillo Parkway for a distance of approximately 1,120 feet to a point, which point is on an extension of the northeastern boundary of the 8.849 acre "Future Development" Parcel; hence north 30°08'26" west for a distance of approximately 50 feet to the north side of the right-of-way of Cardillo Parkway, all as shown on a plat recorded in Plat Book 23 at Page 84 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 30°08'26" west for a distance of 101.90 feet to a point; hence north 48°46'47" east for a distance of 2,039. 79 feet to a point; hence north 48°46'47" east for a distance east of 1, 753.659 feet to a point; hence north 54 °20'00" east for a distance of 687.73 feet to a point, all as shown on a plat recorded in Plat Book 25 at Page 136 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 35°40" west for a distance of 1,291.213 feet to a point; hence north 58° 13' 15" west for a distance of 732.438 feet to a point; hence north 62 °31 '17'' east for a distance of 1,043.96 feet to a point; hence north 35°40' west for a distance of 5.66 feet to a point; hence north 48°49' east for a distance of 182.04 feet to a point; hence south 87°9'00" east for a distance of 148.00 feet to a point; hence north 54 °20'00" east for a distance of 300 feet to a point on the eastern right-of-way of Pope Avenue; hence north 54 °20'00" west for a distance of approximately 50 feet to the centerline of the right-of-way of Pope Avenue; hence northerly along the centerline of Pope Avenue on a course north 35°40'00" west for a distance of approximately 1,605.68 feet to the intersection of the centerline of Pope Avenue and U.S. Highway 278 in the middle of the Sea Pines Circle, all as shown on a plat recorded in Plat Book 27 at Page 51 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence northeasterly along the centerline of the right-of-way of U.S. Highway 278 for a distance of approximately 1, 175.82 feet to a point, which is the intersection of the centerline of the rights-of-way of U.S. Highway 278 and Arrow Road (a/k/a S.C. Highway Road No. 7-524); hence along the continuation of the centerline of Highway 278 in a northeasterly direction to the extension of the northern boundary of the Regency Park property; hence north along the eastern boundary of Long Cove Club to the extension of the northern boundary of the Broad Creek Public Service District property; hence east along the northern boundary of the Broad Creek Public Service District property; hence north along the eastern boundary of the Yacht Cove Club to the high water mark and then continue on to the middle of Broad Creek; hence in a westerly direction along the centerline of Broad Creek; hence in a southwesterly and south direction down the middle of Broad Creek to

3

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a point which is the intersection of the middle of Broad Creek and the middle of Calibogue Sound; then hence in a southerly direction along the middle of Calibogue Sound to a point opposite "Braddock Point" as shown on the Savannah Beach North Quadrangle, U.S.C-&G Survey (revised 1971 edition); hence easterly to the shore at Braddock Point at a point, which is 3.04 feet above mean sea level; and hence northeasterly along the beaches of the Atlantic Ocean at a line equal to 3.04 feet above mean sea level to a point of the intersection of the mean high water line and an extension of the eastern boundary of the said Canvas Back Subdivision; hence north 28 o 15' west along the said extension line to a point, which point is the southeastern corner of Canvas Back Subdivision, which point is the point of beginning.

NOTE: The middle point of Broad Creek is defined by a point being equally distant from a point 3.04 feet above mean sea level on each shore of the said Broad Creek (U.S.C.&G. Survey dated 1969)

ARTICLE IV

EFFECTIVE DATE OF ORDINANCE

Section 4.01. This Ordinance shall become effective on the date on which the

South Carolina Public Service Commission shall approve the termination of service by Plantation

Utilities, Inc. to its present service area.

ARTICLE V

NOTICE OF ACTION TAKEN

Section 5. 01. Pursuant to Section 8 of the Enabling Act (now codified as Section

6-11-470, Code of Laws of South Carolina, 1976) notice of the action herewith taken shall be

given in the form substantially as set forth in Exhibit "B" hereto. Such notice shall be published

4

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•·· C1132

once a week for two successive weeks in The Beaufort Gazette and in The Island Packet,

newspapers of general circulation in Beaufort County.

ARTICLE VI

FURTHER ACTION

Section 6.01. The Chairman and other officers of the County Council are

herewith authorized and empowered to take such further action as may be necessary to fully

implement the action taken by this Ordinance.

ARTICLE VII

TRANSMITTAL OF ORDINANCE TO DISTRICT

Section 7.01. A certified copy of this Ordinance shall forthwith be transmitted

to the District to advise it of the action taken by the County Council, whereby the boundaries

of the District have been enlarged to incorporate the area generally known as Wexford

Plantation.

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DONE AT BEAUFORT, SOUTH CAROLINA this lOth day of

___ A~p_r_i_l ____ , 1995.

(SEAL)

Attest:

c:;£. 3 0.- "-- U- /l.J~ . .) ~ Clerk, County Council of Beaufort County

nnd:ltdw:s3:ordinance. wex

First Reading: Second Reading: Public Hearing: Third and Final

March 13, 1995 March 27, 1995 April 10, 1995

Reading: April

hairman, Coun Beaufort County

10, 1995

6

11133

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r1134

EXHIBIT "A"

Wexford Plantation Boundaries

Beginning at a point which is at the northeast corner of intersection of the rights-of-way of U.S. Highway 278 and Arrow Road (a/k/a S.C. Highway Road No. 7-524); hence northwesterly on a course of north 35°35" west along the centerline of the said Arrow Road highway right-of-way for a distance of approximately 1,082.92 feet, more or less, to a point, which point is the commencement of the curve of the said centerline of Arrow Road; hence approximately north 35°2' west for a distance of approximately 120 feet to a point on the northerly edge of the right-of-way of Arrow Road, which point is the southeasterly edge of a certain lagoon; hence north 35 °2" west for a distance of 311.76 feet to a point; hence north 36°31" west for a distance of 372.60 feet to a point; hence north 35°46' west for a distance of approximately 816.66 feet to a point representing the intersection of the extension of the northern boundary of Lot #22 and the said course, all as shown on a plat recorded in Plat Book 24 at Page 29 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 35°46'00" west for a distance of 193.941 feet to a point; hence north 32°28'00" west for a distance of 330.300 feet to a point; hence north 34 °38'00" west for a distance of 987.299 feet to a point; hence north 14°12'00" west for a distance of 356.10 feet to a point; hence north r29'00" east for a distance of 679.50 feet to a point; hence north 13°58'00" east for a distance of 591.200 feet to a point; hence north 2 °24 '00" west for a distance of 338.406 feet to a point; hence north 20°34'00" west for a distance of 533.900 feet to a point; hence north 24°59'00" west for a distance of 425.800 feet to a point; north 3°21 '00" west for a distance of 880.500 feet to a point, which point is the southern edge of mean high water of Broad Creek, all as shown on a plat recorded in Plat Book 22 at Page 37 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence in an easterly direction along the southern high water mark of the Wexford Plantation to the common property line of the Wexford Plantation and the Long Cove Plantation; hence south along the common the property line of the Wexford Plantation and the Long Cove Plantation to the intersection with the northern boundary of the right-of-way of Highway 278; hence west along the northern boundary of Highway 278 to the point of beginning.

nnd:kdw:s3:ordinance. wex

7

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STATE OF SOUTH CAROLINA ) )

COUNTY OF BEAUFORT )

,, r1135 EXHIBIT "B"

Notice

NOTICE

PURSUANT TO SECTION 6-11-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, NOTICE is hereby given that following a public hearing held on April 10, 1995, the County Council of Beaufort County has found that:

1. Sea Pines Public Service District (the "District") created by the provisions of Act 1158 of the Acts and Joint Resolutions of the General Assembly of South Carolina for the year 1964, as amended, shall be enlarged by adding thereto the areas contiguous to the boundaries of the District currently serviced by Plantation Utilities, Inc. and located on Hilton Head Island. The boundaries of the enlarged District are more particularly described as follows:

SEA PINES PUBLIC SERVICE DISTRICT

ALL that certain tract of land located in and situate on Hilton Head Island, Beaufort County, South Carolina known now or formerly as the properties of the Sea Pines Plantation, Long Cove Club, Wexford Plantation, and the Palmetto Bay area, which properties cover the southernmost portion of Hilton Head Island and contain approximately 6,100 acres more or less, said property being more specifically described by the following boundaries:

The point of beginning is a concrete monument located on the southeast corner of Canvas Back Subdivision, as shown on a plat recorded in Plat Book 16 at Page 20 in the Office of the Clerk of Court for Beaufort County, South Carolina, hence running in a northerly direction along the existing boundary of the said Canvas Back Subdivision on to the intersection of South Forest Beach Drive; hence continuing on the same course for a distance of approximately 50' to the centerline of the right-of-way for South Forest Beach; hence running in a northwesterly direction along the centerline of South Forest Beach Drive to the intersection of the centerline of the rights-of-way of Cardillo Parkway and South Forest Beach Drive; hence northeasterly along the said centerline of the right-of-way of Cardillo Parkway for a distance of approximately 1,120 feet to a point, which point is on an extension of the northeastern boundary of the 8.849 acre "Future Development" Parcel; hence north 30°08'26" west for a distance of approximately 50 feet to the north side of the right-of-way of CordiHo Parkway, all as shown on a plat recorded in Plat Book 23 at Page 84 in the Office of the

8

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rt136

Clerk of Court for Beaufort County, South Carolina; hence north 30°08'26" west for a distance of 101.90 feet to a point; hence north 48°46'47" east for a distance of 2,039.79 feet to a point; hence north 48°46'47" east for a distance east of 1,753.659 feet to a point; hence north 54°20'00" east for a distance of 687.73 feet to a point, all as shown on a plat recorded in Plat Book 25 at Page 136 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 35°40" west for a distance of 1,291.213 feet to a point; hence north 58° 13' 15" west for a distance of 732.438 feet to a point; hence north 62°31'17" east for a distance of 1,043.96 feet to a point; hence north 35°40' west for a distance of 5.66 feet to a point; hence north 48°49' east for a distance of 182.04 feet to a point; hence south 87°9'00" east for a distance of 148.00 feet to a point; hence north 54 °20'00" east for a distance of 300 feet to a point on the eastern right-of-way of Pope Avenue; hence north 54°20'00" west for a distance of approximately 50 feet to the centerline of the right-of-way of Pope Avenue; hence northerly along the centerline of Pope Avenue on a course north 35°40'00" west for a distance of approximately 1,605.68 feet to the intersection of the centerline of Pope Avenue and U.S. Highway 278 in the middle of the Sea Pines Circle, all as shown on a plat recorded in Plat Book 27 at Page 51 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence northeasterly along the centerline of the right-of-way of U.S. Highway 278 for a distance of approximately 1, 175.82 feet to a point, which is the intersection of the centerline of the rights-of-way of U.S. Highway 278 and Arrow Road (a/k/a S.C. Highway Road No. 7-524); hence along the continuation of the centerline of Highway 278 in a northeasterly direction to the extension of the northern boundary of the Regency Park property; hence north along the eastern boundary of Long Cove Club to the extension of the northern boundary of the Broad Creek Public Service District property; hence east along the northern boundary of the Broad Creek Public Service District property; hence north along the eastern boundary of the Yacht Cove Club to the high water mark and then continue on to the middle of Broad Creek; hence in a westerly direction along the centerline of Broad Creek; hence in a southwesterly and south direction down the middle of Broad Creek to a point which is the intersection of the middle of Broad Creek and the middle of Calibogue Sound; then hence in a southerly direction along the middle of Calibogue Sound to a point opposite "Braddock Point" as shown on the Savannah Beach North Quadrangle, U.S.C-&G Survey (revised 1971 edition); hence easterly to the shore at Braddock Point at a point, which is 3.04 feet above mean sea level; and hence northeasterly along the beaches of the Atlantic Ocean at a line equal to 3.04 feet above mean sea level to a point of the intersection of the mean high water line and an extension of the eastern boundary of the said Canvas Back Subdivision; hence north 28° 15' west along the said extension line to a point, which point is the southeastern corner of Canvas Back Subdivision, which point is the point of beginning.

9

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1113'1

2. Subsequent to the enlargement of the boundaries of the District, the utility system known as Plantation Utilities, Inc. located at Wexford Plantation will be acquired by the District and merged into the waterworks and sewer system of the District. In order to provide funds for the acquisition of this utility system, the District intends to issue waterworks and sewer system revenue bonds of the District secured by and payable from the revenues of the waterwork and sewer system, in the approximate amount of Nine Hundred Thousand and No/100 ($ 900, ooo ). The District does not presently contemplate issuing general obligation bonds in connection with this matter.

3. There shall be no change in the Commission, the governing body of the District as a result of this action of the County Council of Beaufort County in so enlarging the boundaries.

4. The District, as enlarged by this action, shall continue to receive fire protection services from the Town of Hilton Head Island.

Any person affected by the action aforesaid of the County Council of Beaufort County may challenge the action by action de novo instituted in the Court of Common Pleas for Beaufort County within twenty (20) days following the last publication of this notice but not afterwards.

COUNTY COUNCIL OF BEAUFORT COUNTY

rmd:kdw:s3 :ordinance. wex

10

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rtl38

A RESOLUTION

CALLING FOR A PUBLIC HEARING TO BE HELD UPON THE QUESTION OF PASSING AN ORDINANCE TO EXTEND THE BOUNDARIES OF SEA PINES PUBLIC SERVICE DISTRICT TO INCLUDE CERTAIN CONTIGUOUS AREAS IN THE CENTRAL SECTION OF HILTON HEAD ISLAND KNOWN AS WEXFORD PLANTATION AND TO PROVIDE FOR THE PUBLICATION OF THE NOTICE OF SUCH HEARING.

BE IT RESOLVED BY THE COUNTY COUNCIL OF BEAUFORT COUNTY, SOUTH CAROLINA IN MEETING DULY ASSEMBLED:

ARTICLE I

FINDINGS OF FACT

As an incident to the adoption of this Resolution, the County Council of Beaufort

County, South Carolina (hereinafter "County Council") has made the following findings of fact:

1. The County Council is the governing body of Beaufort County, South

Carolina (hereinafter "County") and, as such, is the "County Board" within the meaning of

Article 3 of Chapter 11 of Title 6, Code of Laws of South Carolina, 197 6, Sections 6-11-410

through 6-11-650, inclusive (hereinafter "Enabling Act").

2. Sea Pines Public Service District (hereinafter "District") was created

pursuant to the provisions of Act No. 1158 of the 1964 Acts and joint Resolutions of the General

Assembly of the State of South Carolina (hereinafter "Act No. 1158"). The District provides

waterworks and sewage disposal services within that portion of Hilton Head Island included

within the boundaries of the District.

1

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r1139

3. The boundaries of the District as originally created were set forth in

Section 2 of Act No. 1158, and now comprise the area described in Exhibit" A" attached hereto.

4. Due to the provisions of Article VIII of the South Carolina Constitution

which became effective March 7, 1973, the General Assembly may no longer enact statutes

which modify the boundaries of the various special purpose districts of the State. However, at

the 1974 Session of the South Carolina General Assembly the Enabling Act was passed as Act

No. 926 to provide by general law a function heretofore exercised exclusively by the General

Assembly; particularly, the function of enlarging, consolidating or diminishing special purpose

districts created by the General Assembly. The County Council is thus empowered by the

provisions of the Enabling Act to enlarge, consolidate or diminish special purpose districts

located within the County.

5. The District has entered into an Asset Purchase Agreement with Plantation

Utilities, Inc. whereby the District will acquire certain designated assets which comprise the

water distribution and sewer collection, treatment and discharge facilities of Plantation Utilities,

Inc. Plantation Utilities, Inc. currently services the area located in central Hilton Head Island

known as Wexford Plantation depicted on Exhibit "B" attached hereto. The Asset Purchase

Agreement was executed on January 24, 1995. The purchase contemplated under the Asset

Purchase Agreement is contingent upon several conditions precedent being satisfied, including

approval by County Council of the expansion of the District's boundaries to incorporate the

Wexford Plantation area and approval by the South Carolina Public Service Commission of the

termination of the water and sewer utility responsibilities of Plantation Utilities, Inc. and

assumption of those responsibilities by the District.

2

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ARTICLE II

ORDERING A PUBLIC HEARING

01140

1. Pursuant to said Section 6-11-430 of the Enabling Act, the County Council

has determined to call a public hearing on the enlargement of the District's boundaries. The

public hearing shall be held in the County Council Chambers, at the County Administrative

Building, Beaufort, South Carolina, at 6:00 o'clock p.m. on Monday, the _lOth day of

April , 1995, to determine if the boundaries of the District shall be extended as

described in Exhibit "C" attached hereto.

2. Notice of such public hearing shall be published in THE BEAUFORT

GAZETTE, a newspaper of general circulation in Beaufort County and in THE ISLAND

PACKET once a week for three successive weeks. The first publication of the notice shall be

not less than sixteen (16) days prior to said public hearing. Such notice shall state those matters

required for the notice by Section 6-11-440 of the Enabling Act.

3. The notice to be published shall be in form substantially as set forth in

Exhibit "D" attached hereto.

4. The County Council shall meet at the time and place set by the aforesaid

notice, conduct a public hearing herewith ordered and, thereafter shall make the fmdings

required by the Enabling Act and take such other action as may be proper in the premises.

3

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~ r1141

DONE IN MEETING DULY ASSEMBLED, this _!~th day of

_.....;A;_;,.jp;:_;:r:..;;i::...:l:;__ _____ , 1995.

(SEAL)

Attest:

Clerk, County Council of Beaufort County rmd:kdw:s3:sppsd.pet

BEAUFORT COUNTY, SOUTH CAROLINA

4

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Pl142

EXHIBIT "A"

SEA PINES PUBLIC SERVICE DISTRICT

ALL that certain tract of land located in and situate on Hilton Head Island, Beaufort County, South Carolina known now or formerly as the properties of the Sea Pines Plantation, the Palmetto Bay area, and Long Cove Club, which properties cover the southernmost portion of Hilton Head Island and contain approximately 6,100 acres, more or less, said properties being more specifically described by the following boundaries:

The point of beginning is a concrete monument located on 1he southeast corner of Canvas Back Subdivision, as shown on a plat recorded in Plat Book 16 at Page 20 in the Office of the Clerk of Court for Beaufort County, South Carolina, hence running in a northerly direction along the existing boundary of the said Canvas Back Subdivision on to the intersection of South Forest Beach Drive; hence continuing on the same course for a distance of approximately 50' to the centerline of the right-of-way for South Forest Beach; hence running in a northwesterly direction along the centerline of South Forest Beach Drive to the intersection of the centerline of the rights-of-way of Cordillo Parkway and South Forest Beach Drive; hence northeasterly along the said centerline of the right-of-way of Cordillo Parkway for a distance of approximately 1,120 feet to a point, which point is on an extension of the northeastern boundary of the 8.849 acre "Future Development" Parcel; hence north 30°08'26" west for a distance of approximately 50 feet to the north side of the right-of-way of Cordillo Parkway, all as shown on a plat recorded in Plat Book 23 at Page 84 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 30°08'26" wt~st for a dis­tance of 101.90 feet to a point; hence north 48°46'47" east fior a distance of 2,039.79 feet to a point; hence north 48°46'47" east for a distance east of 1,753.659 feet to a point; hence north 54°20'00" east for a distance of 687.73 feet to a point, all as shown on a plat recorded in Plat Book 25 at Page 136 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 35°40" west for a distance of 1,291.213 feet to a point; hence north 58°13'15" west for a distance of 732.438 feet to a point; hence north 62°31 '17" east for a distance of 1,043.96 feet to a point; hence north 35°40' west for a distance of 5.66 feet to a point; hence north 48°49' east for a distance of 182.04 feet to a point; hence south 8r9'00" east for a distance of 148.00 feet to a point; hence north 54 °20'00" east for a distance of 300 feet to a point on the eastern right-of-way of Pope Avenue; hence north 54 °20'00" west for a distance of approximately 50 feet to the centerline of the right-of-way of Pope

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Avenue; hence northerly along the centerline of Pope Avenu1~ on a course north 35°40'00" west for a distance of approximately 1,605.68 feet to the intersection of the centerline of Pope Avenue and U.S. Highway 278 in the middle of the Sea Pines Circle, all as shown on a plat recorded in Plat Book 27 at Page 51 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence northeasterly along the centerline of the right-of-way of U.S. Highway 278 for a distance of approximately 1, 175.82 feet to a point, which is the intersection of the centerline of the rights-of-way of U.S. Highway 278 and Arrow Road (a/k/a S.C. Highway Road No. 7-524); hence along the continuation of the centerline of Highway 278 in a northeasterly direction to the extension of the northern boundary of the Regency Park property; hence north along the eastern boundary of Long Cove Club to the extension of the northern boundary of the Broad Creek Public Service District property; hence east along the northern boundary of the Broad Creek Public Service District property; hence north along the eastern boundary of the Yacht Cove Club to the high water mark and then continue on to the middle of Broad Creek; hence in a westerly direction along the centerline of Broad Creek; hence in a southwesterly and south direction down the middle of Broad Creek to a point which is the intersection of the middle of Broad Creek and the middle of Calibogue Sound; then hence in a southerly direction along the middle of Calibogue Sound to a point opposite "Braddock Point" as shown on the Savannah Beach North Quadrangle, U.S.C-&G Survey (revised 1971 edition); hence easterly to the shore at Braddock Point at a point, which is 3.04 feet above mean sea level; and hence northea~terly along the beaches of the Atlantic Ocean at a line equal to 3.04 feet above mean sea level to a point of the intersection of the mean high water line and an extension of the eastern boundary of the said Canvas Back Subdivision; hence north 28 o 15' west along the said extension line to a point, which point is the southeastern corner of Canvas Back Subdivision, which point is the point of beginning.

SAVE AND EXCEPT the property generally known as Wexford Plantation, which is described as follows:

Beginning at a point which is at the northeast corner of intersection of the rights-of-way of U.S. Highway 278 and Arrow Road (a/k/a S.C. Highway Road No. 7-524); hence northwesterly on a course of north 35°35" west along the centerline of the said Arrow Road highway right-of-way for a distance of approximately 1,082.92 feet, more or less, to a point, which point is the commencement of the curve of the said centerline of Arrow Road; hence approximately north 35°2' west for a distance of approximately 120 feet to a point on the northerly edge of the right-of-way of Arrow Road, which point is the southeasterly edge of a certain lagoon;

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hence north 35 °2" west for a distance of 311.76 feet to a point; hence north 36°31" west for a distance of 372.60 feet to a point:; hence north 35°46' west for a distance of approximately 816.66 feet to a point representing the intersection of the extension of the northern boundary of Lot #22 and the said course, all as shown on a plat recorded in Plat Book 24 at Page 29 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 35°46'00" west for a distance of 193.941 feet to a point; hence north 32°28'00" west for a distance of 330.300 feet to a point; hence north 34°38'00" west for a distance of 987.299 feet to a point; hence north 14 o 12'00" west for a distance of 356.10 fr..et to a point; hence north 7°29'00" east for a distance of 679.50 feet to a point; hence north 13 °58'00" east for a distance of 591.200 feet to a point; hence north 2°24'00" west for a distance of 338.406 feet to a point; hence north 20°34'00" west for a distance of 533.900 feet to a point; hence north 24°59'00" west for a distance of 425.800 feet to a point; north 3°21'00" west for a distance of 880.500 feet to a point, which point is the southern edge of mean high water of Broad Creek, all as shown on a plat recorded in Plat Book 22 at Page 37 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence in an easterly direction along the southern highwater mark of the Wexford Plantation to the common property line of the Wexford Plantation and the Long Cove Plantation; hence south along the common the property line of the Wexford Plantation and the Long Cove Plantation to the intersection with the northern boundary of the right-of-way of Highway 278; hence west along the northern boundary of Highway 278 to the point of beginning.

NOTE: The middle point of Broad Creek is defmed by a point being equally distant from a point 3.04 feet above mean sea level on each shore of the said Broad Creek (U.S.C.& G. Survey dated 1969) rmd:kdw:s3:sppsd.pet

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EXHIBIT "B"

PLANTATION UTILITIES, INC. SERVICE AREA

ALL that certain tract of land located in and situate on Hilton Head Island, Beaufort County, South Carolina known now as Wexford Planation, located in the southwestern portion of Hilton Head Island and contain approximately 1, 000 acres, more or less, said property being more specifically described by the following boundaries:

Beginning at a point which is at the northeast corner of intersection of the rights-of-way of U.S. Highway 278 and Arrow Road (a/k/a S.C. Highway Road No. 7-524); hence northwesterly on a course of north 35°35" west along the centerline of the said Arrow Road highway right-·of-way for a distance of approximately 1,082.92 feet, more or less, to a point, which point is the commencement of the curve of the said centerline of Arrow Road; hence approximately north 35 °2' west for a distance of approximately 120 feet to a point on the northerly edge of the right-of-way of Arrow Road, which point is the southeasterly edge of a certain lagoon; hence north 35 °2" west for a distance of 311.76 feet to a point; hence north 36°31" west for a distance of 372.60 feet to a point; hence north 35°46' west for a distance of approximately 816.66 feet to a point representing the intersection of the extension of the northern boundary of Lot #22 and the said course, all as shown on a plat recorded in Plat Book 24 at Page 29 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 35°46'00" west for a distance of 193.941 feet to a point; hence north 32°28'00" west for a distance of 330.300 feet to a point; hence north 34 °38'00" west for a distance of 987.299 feet to a point; hence north 14 o 12'00" west for a distance of 356.10 fe:et to a point; hence north r29'00" east for a distance of 679.50 feet to a point; hence north 13°58'00" east for a distance of 591.200 feet to a point; hence north 2°24'00" west for a distance of 338.406 feet to a point; hence north 20°34'00" west for a distance of 533.900 feet to a point; hence north 24°59'00" west for a distance of 425.800 feet to a point; north 3°21'00" west for a distance of 880.500 feet to a point, which point is the southern edge of mean high water of Broad Creek, all as shown on a plat recorded in Plat Book 22 at Page 37 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence in an easterly direction along the southern highwater mark of the Wexford Plantation to lthe common property line of the Wexford Plantation and the Long Cove Plantation; hence south along the common the property line of the Wexford Plantation and the Long Cove Plantation to the intersection with the northern boundary of the right-of-way of Highway 278; hence west along the northern boundary of Highway 278 to the point of beginning.

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EXHIBIT "C"

PROPOSED BOUNDARY OF SEA PINES PUBLIC SERVICE DISTRICT

ALL that certain tract of land located in and situate on Hilton Head Island, Beaufort County, South Carolina known now or formerly as the properties of the Sea Pines Plantation, the Palmetto Bay area, Wexford Planation, and Long Cove Club, which properties cover the southernmost portion of Hilton Head Island and contain approximately 7, 100 acres, more or less, said properties being more specifically described by the following boundaries:

The point of beginning is a concrete monument located on 1the southeast corner of Canvas Back Subdivision, as shown on a plat recorded in Plat Book 16 at Page 20 in the Office of the Clerk of Court for Beaufort County, South Carolina, hence running in a northerly direction along the existing boundary of the said Canvas Back Subdivision on to the intersection of South Forest Beach Drive; hence continuing on the same course for a distance of approximately 50' to the centerline of the right-of-way for South Forest Beach; hence running in a northwesterly direction along the centerline of South Forest Beach Drive to the intersection of the centerline of the rights-of-way of Cardillo Parkway and South Forest Beach Drive; hence northeasterly along the said centerline of the right-of-way of Cardillo Parkway for a distance of approximately 1,120 feet to a point, which point is on an extension of the northeastern boundary of the 8.849 acre "Future Development" Parcel; hence north 30°08'26" west for a distance of approximately 50 feet to the north side of the right-of-way of Cardillo Parkway, all as shown on a plat recorded in Plat Book 23 at Page 84 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 30°08'26" west for a dis­tance of 101.90 feet to a point; hence north 48°46'47" east fi::>r a distance of 2,039. 79 feet to a point; hence north 48 °46' 47• east for a distance east of 1,753.659 feet to a point; hence north 54°20'00" east for a distance of 687.73 feet to a point, all as shown on a plat recorded in Plat Book 25 at Page 136 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 35°40" west for a distance of 1,291.213 feet to a point; hence north 58°13'15" west for a distance of 732.438 feet to a point; hence north 62°31'17" east for a distance of 1,043.96 feet to a point; hence north 35°40' west for a distance of 5.66 feet to a point; hence north 48°49' east for a distance of 182.04 feet to a point; hence south 8r9'00" east for a distance of 148.00 feet to a point; hence north 54 °20'00" east for a distance of 300 feet to a point on the eastern right-of-way of Pope Avenue; hence north 54 °20'00" west for a distance of approximately 50 feet to the centerline of the right-of-way of Pope

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Avenue; hence northerly along the centerline of Pope Avenue on a course north 35°40'00" west for a distance of approximately 1,605.68 feet to the intersection of the centerline of Pope Avenue and U.S. Highway 278 in the middle of the Sea Pines Circle, all as shown on a plat recorded in Plat Book 27 at Page 51 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence northeasterly along the centerline of the right-of-way of U.S. Highway 278 for a distance of approximately 1 , 175. 82 feet to a point, which is the intersection of the centerline of the rights-of-way of U.S. Highway 278 and Arrow Road (a/k/a S.C. Highway Road No. 7-524); hence along the continuation of the centerline of Highway 278 in a northeasterly direction to the extension of the northern boundary of the Regency Park property; hence north along the eastern boundary of Long Cove Club to the extension of the north(~rn boundary of the Broad Creek Public Service District property; hence e~t along the northern boundary of the Broad Creek Public Service District property; hence north along the eastern boundary of the Yacht Cove Club to the high water mark and then continue on to the middle of Broad Creek; hence in a westerly direction along the centerline of Broad Creek; hence in a southwesterly and south direction down the middle of Broad Creek to a point which is the intersection of the middle of Broad Creek and the middle of Calibogue Sound; then hence in a southerly direction along the middle of Calibogue Sound to a point opposite "Braddock Point" as shown on the Savannah Beach North Quadrangle, U.S.C-&G Survey (revised 1971 edition); hence easterly to the shore at Braddock Point at a point, which is 3.04 feet above mean sea level; and hence northeasterly along the beaches of the Atlantic Ocean at a line equal to 3. 04 feet above mean sea level to a point of the intersection of the mean high water line and an extension of the eastern boundary of the said Canvas Back ·subdivision; hence north 28 o 15' west along the said extension line to a point, which point is the southeastern corner of Canvas Back Subdivision, which point is the point of beginning.

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STATE OF SOUTH CAROLINA ) )

COUNTY OF BEAUFORT )

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EXHIBIT "D"

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN TO ALL MEMBERS OF THE PUBLIC THAT THE COUNTY COUNCIL OF BEAUFORT COUNTY HAS ORDERED A PUBLIC HEARING TO BE HELD AT 6:00 O'CLOCK P.M. ON MONDAY, THE __1_Ut1b._ DAY OF

April , 1995, in the County Council Chambers, at County Administrative Building in Beaufort, South Carolina, in order to determine whether or not the boundaries of the Sea Pines Public Service District shall be enlarged by adding thereto certain areas located in the central portion of Hilton Head Island, known as Wexford Plantation.

The nature of the change to be made is the enlargement of the boundaries of Sea Pines Public Service District so the District will service the following areas:

SEA PINES PUBLIC SERVICE DISTRICT

ALL that certain tract of land located in and situate on Hilton Head Island, Beaufort County, South Carolina known now or formerly as the properties of the Sea Pines Plantation, the Palmetto Bay area, Wexford Planation, and Long Cove Club, which properties cover the southernmost portion of Hilton Head Island and contain approximate! y 7, 100 acres, more or less, said properties being more specifically described by the following boundaries:

The point of beginning is a concrete monument located on the southeast corner of Canvas Back Subdivision, as shown on a plat recorded in Plat Book 16 at Page 20 in the Office of the Clerk of Court for Beaufort County, South Carolina, hence running in a northerly direction along the existing boundary of the said Canvas Back Subdivision on to the intersection of South Forest Beach Drive; hence continuing on the same course for a distance of approximately 50' to the centerline of the right-of-way for South Forest Beach; hence running in a northwesterly direction along the centerline of South Forest Beach Drive to the intersection of the centerline of the rights-of-way of Cordillo Parkway and South Forest Beach Drive; hence northeasterly along the said centerline of the right-of-way of Cordillo Parkway for a distance of approximately 1,120 feet to a point, which point is on an extension of the northeastern boundary of the 8.849 acre "Future Development" Parcel; hence north 30°08'26" west for a distance of approximately 50 feet to the north side of the right-of-way of Cordillo Parkway, all as shown on a plat recorded

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in Plat Book 23 at Page 84 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 30°08'26" west for a dis­tance of 101.90 feet to a point; hence north 48°46'47" east for a distance of 2,039.79 feet to a point; hence north 48°46'47" east for a distance east of 1,753.659 feet to a point; hence north 54°20'00" east for a distance of 687.73 feet to a point, all as shown on a plat recorded in Plat Book 25 at Page 136 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 35°40" west for a distance of 1,291.213 feet to a point; hence north 58 o 13' 15" west for a distance of 732.438 feet to a point; hence north 6r31'17" east for a distance of 1,043.96 feet to a point; hence north 35 o 40' west for a distance of 5. 66 feet to a point; hence north 48°49' east for a distance of 182.04 feet to a point; hence south 87°9'00" east for a distance of 148.00 feet to a point; hence north 54 °20'00" east for a distance of 300 feet to a point on the eastern right-of-way of Pope Avenue; hence north 54°20'00" west for a distance of approximately 50 feet to the centerline of the right-of-way of Pope Avenue; hence northerly along the centerline of Pope Avenue on a course north 35°40'00" west for a distance of approximately 1,605.68 feet to the intersection of the centerline of Pope Avenue and U.S. Highway 278 in the middle of the Sea Pines Circle, all as shown on a plat recorded in Plat Book 27 at Page 51 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence northeasterly along the centerline of the right-of-way of U.S. Highway 278 for a distance of approximately 1, 175.82 feet to a point, which is the intersection of the centerline of the rights-of-way of U.S. Highway 278 and Arrow Road (a/k/a S.C. Highway Road No. 7-524); hence along the continuation of the centerline of Highway 278 in a northeasterly direction to the extension of the northern boundary of the Regency Park property; hence north along the eastern boundary of Long Cove Club to the extension of the northern boundary of the Broad Creek Public Service District property; hence east along the northern boundary of the Broad Creek Public Service District property; hence north along the eastern boundary of the Yacht Cove Club to the high water mark and then continue on to the middle of Broad Creek; hence in a westerly direction along the centerline of Broad Creek; hence in a southwesterly and south direction down the middle of Broad Creek to a point which is the intersection of the middle of Broad Creek and the middle of Calibogue Sound; then hence in a southerly direction along the middle of Calibogue Sound to a point opposite "Braddock Point" as shown on the Savannah Beach North Quadrangle, U.S.C-&G Sunrey (revised 1971 edition); hence easterly to the shore at Braddock Point at a point, which is 3.04 feet above mean sea level; and hence northeasterly along the beaches of the Atlantic Ocean at a line equal to 3. 04 feet above mean sea level to a point of the intersection of the mean high water line and an extension of the eastern boundary of the said Canvas Back Subdivision;

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hence north 28° 15' west along the said extension line to a point, which point is the southeastern corner of Canvas Back Subdivision, which point is the point of beginning.

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STATE OF SOUTH CAROLINA ) ) BEFORE BEAUFORT COUNTY COUNCIL

COUNTY OF BEAUFORT ) )

INRE: ) )

SEA PINES PUBLIC SERVICE ) DISTRICT )

PETITION FOR EXPANSION OJ? DISTRICT BOUNDARY

TO: BEAUFORT COUNTY COUNCIL: Elizabeth P. Grace; Acting Chairman Charles R. Atkinson; Herbert N. Glace; Dorothy P. Gnann Thomas C. Taylor; Joseph N. Kline; Joel A. Martin; William L. McBride; H. Emmett McCracken, Jr.; Victoria T. Mullen; Leonard M. Tinnan.

The undersigned, on behalf of the SEA PINES PUBLIC SERVICE DISTRICT,

a body politic, does respectfully request that the Beaufort County Council exercise the authorities

granted to it to expand the boundaries of the SEA PINES PUBLIC SERVICE DISTRICT.

The purpose of such expansion would be to facilitate the acquisition by the SEA PINES

PUBLIC SERVICE DISTRICT of the private water and sewer utility located within Wexford

Plantation. In that regard, the SEA PINES PUBLIC SERVICE DISTRICT would respectfully

show:

1. The SEA PINES PUBLIC SERVICE DISTRICT (hereinafter referred

to as "SPPSD") is a public service district created pursuant to the provisions of Act No. 1158

of the 1964 Acts and Joint Resolutions of the General Assembly of the State of South Carolina.

2. SPPSD is duly empowered by its enabling legislation to provide for water

and sewer service to a tract of land on the southern portion of Hilton Head Island, Beaufort

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County, South Carolina, generally known as the Sea Pines, the Palmetto Bay, and the Long

Cove Club areas. The current boundary of SPPSD is depicted on the diagram attached hereto

and incorporated herein as "Exhibit A". The legal description of this boundary is attached

hereto as "Exhibit B". This boundary was established by the SPPSD' s 1964 enabling legislation,

as amended from time to time by previous acts of the Beaufort County Council.

3. SPPSD has entered into an Asset Purchase Agreement with Plantation

Utilities, Inc. whereby SPPSD will purchase certain designated assets commonly known as the

water and sewer system of Plantation Utilities, Inc. The Asset Purchase Agreement was

executed on January 24, 1995.

4. The purchase contemplated under the Asset Purchase Agreement is

contingent upon several conditions precedent being satisfied, including, but not limited to:

(a) The approval by the Beaufort County Council of an expansion of SPPSD's

boundaries so that the SPPSD would include the Plantation Utilities, Inc.

service area.

(b) The approval by the South Carolina Public Service Commission to the

termination of the responsibility of Plantation Utilities, Inc. and the

expansion of the responsibility of SPPSD.

(c) Any approvals necessary by the South Carolina Department of Health and

Environmental Control for the conveyance of the assets of Plantation

Utilities, Inc. to SPPSD.

5. Section 6-11-410, sa .s.e.q of the Code of Laws of the State of South

Carolina specifically empowers Beaufort County Council to enlarge the boundary of the SPPSD

to accomplish the requests contained in this Petition. Specifically, Section 6-11-430 states in

part as follows:

"Each County Board . . . shall, upon the petition of the commissions the special purpose district to be affected, take the action authorized by this article to enlarge ... any special purpose district lying within such county. In each such instance, by

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resolution duly adopted, the county board shall order a public hearing to be held for the purpose of making a determination as to whether and to what extent a special purpose district shall be enlarged, ... "

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6. The change to SPPSD will be to enlarge the boundaries of SPPSD to

include the area known as Wexford Plantation. The boundary of Wexford Plantation is depicted

on the on the diagram attached hereto and incorporated herein as "Exhibit C". The legal

description of this boundary is attached hereto as "Exhibit D". The assets of Plantation Utilities,

Inc., the private water and sewer system serving Wexford Plantation, will become part of the

assets of SPPSD. After the enlargement of its boundaries and the closing of the ass:et purchase,

SPPSD will assume the responsibility for the operation, maintenance, and improvement of the

water and sewer system located within Wexford Plantation. SPPSD will continue to have all of

its statutory powers as previously set forth in its enabling legislation. This Petition will not

result in any change in the water and sewer service provided to Wexford Plantation.

7. The proposed boundary of SPPSD following the enlargement is depicted

on the on the diagram attached hereto and incorporated herein as "Exhibit E". The legal

description of this proposed boundary is attached hereto as "Exhibit F".

8. The principal reason for the proposed change is to provide for better and

more economical delivery of water and sewer utility services on the southern end of Hilton Head

Island. The SPPSD will be addressing, within the appropriate time frames required by law, the

need for an alternative water supply for Hilton Head Island. The smaller private utilities, such

as Plantation Utilities, Inc., are at a disadvantage in similar planning and governmental agency

deliberations. By expanding and consolidating these administrative and planning activities, the

customers of both SPPSD and Plantation Utilities, Inc. will be able to receive the benefit of cost

reductions, cost containment, and more flexible planning.

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9. The purchase price for the assets of Plantation Utilities, Inc. is $940,000.

10. The purchase price will not result in increased charges to either the

customers of SPPSD or the present customers of Plantation Utilities, Inc. The cost of the asset

purchase will be repaid out of future water and sewer charges without the necessity of raising

rates.

11. It is important to note that the SPPSD does not now assess any real

property taxes against any of its properties. It does not anticipate the need for assessing any

such taxes as the result of this transaction.

12. SPPSD intends to fund the purchase by a waterworks and st~wer system

revenue bond issue secured by and payable from the revenues of SPPSD. The existing revenues

of Plantation Utilities, Inc. will be sufficient to pay that bond issue.

13. The SPPSD, therefore, requests that the Beaufort County Council conduct

a public hearing pursuant to the requirements of Section 6-11-440 of the South Carolina Code,

and thereafter adopt an appropriate ordinance which expands the boundaries of the SPPSD in

accordance with the proposed legal description set forth in "Exhibit F".

Dated: , 1995. Hilton Head Island, South Carolina rmd:kdw:s3:sppsd.pet

SEA PINES PUBLIC SERVICE DISTRICT

By: ___________ . ROBERT M. DEEB, JR. Attorney for Petitioner

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SEA PINES PUBLIC SERVICE DISTRICT BOUNDARY PRIOR TO ACQUISITION OF PLANTATION UTILITIES INC.

LEGEND BOUNDARY OF SEA ~ PSD

IOUNOARY OF PLANTATION U-a.ITI!:S INC.

PAUAAI!D BY;

THOMAS I. HUTTON ENGINEERING CO. SAVANNAH , QfORGIA

EXHIBIT A

4000

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EXHIBIT "B"

SEA PINES PUBLIC SERVICE DISTRICT

ALL that certain tract of land located in and situate on Hilton Head Island, Beaufort County, South Carolina known now or formerly as the properties of the Sea Pines Plantation, the Palmetto Bay area, and Long Cove Club, which properties cover the southernmost portion of Hilton Head Island and contain approximately 6,100 acres, more or less, said properties being more specifically described by the following boundaries:

The point of beginning is a concrete monument located on the southeast corner of Canvas Back Subdivision, as shown on a plat recorded in Plat Book 16 at Page 20 in the Office of the Clerk of Court for Beaufort County, South Carolina, hence running in a northerly direction along the existing boundary of the said Canvas Back Subdivision on to the intersection of South Forest Beach Drive; hence continuing on the same course for a distance of approximately 50' to the centerline of the right-of-way for South Forest Beach; hence running in a northwesterly direction along the centerline of South Forest Beach Drive to the intersection of the centerline of the rights-of-way of Cordillo Parkway and South Forest Beach Drive; hence northeasterly along the said centerline of the right-of-way of Cardillo Parkway for a distance of approximately 1,120 feet to a point, which point is on an extension of the northeastern boundary of the 8.849 acre "Future Development" Parcel; hence north 30°08'26" west for a distance of approximately 50 feet to the north side of the right-of-way of Cardillo Parkway, all as shown on a plat recorded in Plat Book 23 at Page 84 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 30°08'26" west for a dis­tance of 101.90 feet to a point; hence north 48°46'47" east for a distance of 2,039.79 feet to a point; hence north 48°46'47" east for a distance east of 1,753.659 feet to a point; hence north 54°20'00" east for a distance of 687.73 feet to a point, all as shown on a plat recorded in Plat Book 25 at Page 136 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 35°40" west for a distance of 1,291.213 feet to a point; hence north 58°13'15" west for a distance of 732.438 feet to a point; hence north 62°31'17" east for a distance of 1,043.96 feet to a point; hence north 35°40' west for a distance of 5.66 feet to a point; hence north 48°49' east for a distance of 182.04 feet to a point; hence south 8r9'00" east for a distance of 148.00 feet to a point; hence north 54 °20'00" east for a distance of 300 feet to a point on the eastern right-of-way of Pope Avenue; hence north 54 °20'00" west for a distance of approximately 50 feet to the centerline of the right-of-way of Pope A venue; hence northerly along the centerline of Pope A venue on a course north 35°40'00" west for a distance of approximately 1,605.68 feet to the

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intersection of the centerline of Pope Avenue and U.S. Highway 278 in the middle of the Sea Pines Circle, all as shown on a plat recorded in Plat Book 27 at Page 51 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence northeasterly along the centf~rline of the right-of-way of U.S. Highway 278 for a distance of approximately 1, 175.82 feet to a point, which is the intersection of the centerline of the rights-of-way of U.S. Highway 278 and Arrow Road (a/k/a S.C. Highway Road No. 7-524); hence along the continuation of the centerline of Highway 278 in a northeasterly direction to the extension of ·the northern boundary of the Regency Park property; hence north along the eastern boundary of Long Cove Club to the extension of the northern boundary of the Broad Creek Public Service District property; hence east along the northern boundary of the Broad Creek Public Service District property; hence north along the eastern boundary of the Yacht Cove Club to the high water mark and then continue on to the middle of Broad Creek; hence in a westerly direction along the centerline of Broad Creek; hence in a southwesterly and south direction down the middle of Broad Creek to a point which is the intersection of the middle of Broad Creek and the middle of Calibogue Sound; then hence in a southerly direction along the middle of Calibogue Sound to a point opposite "Braddock Point" as shown on the Savannah Beach North Quadrangle, U.S.C-&G Survey (revised 1971 edition); hence easterly to the shore at Braddock Point at a point, which is 3.04 feet above mean sea level; and hence northeasterly along the beaches of the Atlantic Ocean at a line equal to 3. 04 feet above mean sea level to a point of the intersection of the mean high water line and an extension of the eastern boundary of the said Canvas Back Subdivision; hence north 28°15' west along the said extension line to a point, which point is the southeastern corner of Canvas Back Subdivision, which point is the point of beginning.

SAVE AND EXCEPT the property generally known as Wexford Plantation, which is described as follows:

Beginning at a point which is at the northeast corner of intersection of the rights-of-way of U.S. Highway 278 and Arrow Road (a/k/a S.C. Highway Road No. 7-524); hence northwesterly on a course of north 35°35" west along the centerline of the said Arrow Road highway right-of-way for a distance of approximately 1,082.92 feet, more or less, to a point, which point is the commencement of the curve of the said centerline of Arrow Road; hence approximately north 35°2' west for a distance of approximately 120 feet to a point on the northerly edge of the right-of-way of Arrow Road, which point is the southeasterly edge of a certain lagoon; hence north 35°2" west for a distance of 311.76 feet to a point; hence north 36°31" west for a distance of 372.60 feet to a point; hence north 35°46' west for a distance of approximately 816.66 feet to a point representing the intersection of the extension of the northern boundary of

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Lot #22 and the said course, all as shown on a plat recorded iln Plat Book 24 at Page 29 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 35°46'00" west for a distance of 193.941 feet to a point; hence north 3r28'00" west for a distance of 330.300 feet to a point; hence north 34°38'00" west for a distance of 987.299 feet to a point; hence north 14 o 12'00" west for a distance of 356.10 feet to a point; hence north 7°29'00" east for a distance of 679.50 feet to a point; hence north 13 °58'00" east for a distance of 591.200 feet to a point; hence north 2°24'00" west for a distance of 338.406 feet to a point; hence north 20°34'00" west for a distance of 533.900 feet to a point; hence north 24°59'00" west for a distance of 425.800 feet to a point; north 3°21'00" west for a distance of 880.500 feet to a point, which point is the southern edge of mean high water of Broad Creek, all as shown on a plat recorded in Plat Book 22 at Page 37 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence in an easterly direction along the southern highwater mark of the Wexford Plantation to the common property line of the Wexford Plantation and the Long Cove: Plantation; hence south along the common the property line of the Wexford Plantation and the Long Cove Plantation to the intersection with the northern boundary of the right-of-way of Highway 278; hence wes:t along the northern boundary of Highway 278 to the point of beginning.

NOTE: The middle point of Broad Creek is defined by a point being equally distant from a point 3. 04 feet above mean sea level on each shore of the said Broad Creek (U.S. C. & G. Survey dated 1969) rmd:kdw: s3 :sppsd. pet

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PLANTATION UTILITIES INC. BOUNDARY

LEGEND

BCXMOARY OF PLANTATION U"B.ITI!I!I INC. EXHIBIT C j1 ......------./ 4:000 2000 0 4000 1 2 L'OO -~...u. · o ,r.t1

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EXHIBIT "D"

PLANTATION UTILITIES, INC. SERVICE AREA

ALL that certain tract of land located in and situate on Hilton Head Island, Beaufort County, South Carolina known now as Wexford Planation, located in the southwestern portion of Hilton Head Island and contain approximately 1,000 acres, more or less, said property being more specifically described by the following boundaries:

Beginning at a point which is at the northeast corner of intersection of the rights-of-way of U.S. Highway 278 and Arrow Road (a/k/a S .. C. Highway Road No. 7-524); hence northwesterly on a course of north 35°35" west along the centerline of the said Arrow Road highway right-of-way for a distance of approximately 1,082.92 feet, more or less, to a point, which point is the commencement of the curve of the said centerline of Arrow Road; hence approximately north 35 °2' west for a distance of approximately 120 feet to a point on the northerly edge of the right-of-way of Arrow Road, which point is the southeasterly edge of a certain lagoon; hence north 35 °2" west for a distance of 311.76 feet to a point; hence north 36°31" west for a distance of 372.60 feet to a point; hence north 35°46' west for a distance of approximately 816.66 feet to a point representing the intersection of the extension of the northern boundary of Lot #22 and the said course, all as shown on a plat recorded in Plat Book 24 at Page 29 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 35°46'00" west for a distance of 193.941 feet to a point; hence north 32°28'00" west for a distance of 330.300 feet to a point; hence north 34 °38'00" west for a distance of 987.299 feet to a point; hence north 14 o 12'00" west for a distance of 356.10 feet to a point; hence north r29'00" east for a distance of 679.50 feet to a point; hence north 13 °58'00" east for a distance of 591.200 feet to a point; hence north 2°24'00" west for a distance of 338.406 feet to a point; hence north 20°34'00" west for a distance of 533.900 feet to a point; hence north 24°59'00" west for a distance of 425.800 feet to a point; north 3°21'00" west for a distance of 880.500 feet to a point, which point is the southern edge of mean high water of Broad Creek, all as shown on a plat recorded in Plat Book 22 at Page 37 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence in an easterly direction along the southern highwater mark of the Wexford Plantation to the common property line of the Wexford Plantation and the Long Cove Plantation; hence south along the common the property line of the Wexford Plantation and the Long Cove Plantation to the intersection with the northern boundary of the right-of-way of Highway 278; hence we:st along the northern boundary of Highway 278 to the point of beginning.

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SEA PINES PUBLIC SERVICE DISTRICT BOUNDARY AFTER THE ACQUISITION OF PLANTATION UTILITIES INC.

LEGEND BOUHDAAY OF SEA PIES PSD

EXHIBIT E

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PROPOSED BOUNDARY OF SEA PINES PUBLIC SERVICE DISTRICT

ALL that certain tract of land located in and situate on Hilton Head Island, Beaufort County, South Carolina known now or formerly as the properties of the Sea Pines Plantation, the Palmetto Bay area, Wexford Planation, and Long Cove Club, which properties cover the southernmost portion of Hilton Head Island and contain approximately 7,100 acres, more or less, said properties being more specifically described by the following boundaries:

The point of beginning is a concrete monument located on the southeast corner of Canvas Back Subdivision, as shown on a plat recorded in Plat Book 16 at Page 20 in the Office of the Clerk of Court for Beaufort County, South Carolina, hence running in a northerly direction along the existing boundary of the said Canvas Back Subdivision on to the intersection of South Forest Beach Drive; hence continuing on the same course for a distance of approximately 50' to the centerline of the right-of-way for South Forest Beach; hence running in a northwesterly direction along the centerline of South Forest Beach Drive to the intersection of the centerline of the rights-of-way of Cordillo Parkway and South Forest Beach Drive; hence northeasterly along the said centerline of the right-of-way of Cordillo Parkway for a distance of approximately 1, 120 feet to a point, which point is on an extension of the northeastern boundary of the 8.849 acre "Future Development" Parcel; hence north 30°08'26" west for a distance of approximately 50 feet to the north side of the right-of-way of Cordillo Parkway, all as shown on a plat recorded in Plat Book 23 at Page 84 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 30°08'26" west for a dis­tance of 101.90 feet to a point; hence north 48°46'47" east: for a distance of 2,039.79 feet to a point; hence north 48°46'47" east for a distance east of 1, 753.659 feet to a point; hence north 54 °20'00" east for a distance of 687.73 feet to a point, all as shown on a plat recorded in Plat Book 25 at Page 136 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence north 35°40" west for a distance of 1,291.213 feet to a point; hence north 58 o 13' 15" west for a distance of 732.438 feet to a point; hence north 62°31 '17'' east for a distance of 1,043.96 feet to a point; hence north 35°40' west for a distance of 5.66 feet to a point; hence north 48°49' east for a distance of 182.04 feet to a point; hence south 8r9'00" east for a distance of 148.00 feet to a point; hence north 54 °20'00" east for a distance of 300 feet to a point on the eastern right-of-way of Pope Avenue; hence north 54 °20'00" west for a distance of approximately 50 feet to the centerline of the right-of-way of Pope A venue; hence northerly along the centerline of Pope A venue: on a course north 35 o 40'00" west for a distance of approximately 1,605.68 feet to the

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intersection of the centerline of Pope Avenue and U.S. Highway 278 in the middle of the Sea Pines Circle, all as shown on a plat recorded in Plat Book 27 at Page 51 in the Office of the Clerk of Court for Beaufort County, South Carolina; hence northeasterly along the centerline of the right-of-way of U.S. Highway 278 for a distance of approximately 1, 175.82 feet to a point, which is the intersection of the centerline of the rights-of-way of U.S. Highway 278 and Arrow Road (a/k/a S.C. Highway Road No. 7-524); hence along the continuation of the centerline of Highway 278 in a northeasterly direction to the extension of the northern boundary of the Regency Park property; hence north along the eastern boundary of Long Cove Club to the extension of the northern boundary of the Broad Creek Public Service District property; hence east along the northern boundary of the Broad Creek Public Service District property; hence north along the eastern boundary of the Yacht Cove Club to the high water mark and then continue on to the middle of Broad Creek; hence in a westerly direction along the centerline of Broad Creek; hence in a southwesterly and south direction down the middle of Broad Creek to a point which is the intersection of the middle of Broad Creek and the middle of Calibogue Sound; then hence in a southerly direction along the middle of Calibogue Sound to a point opposite "Braddock Point" as shown on the Savannah Beach North Quadrangle, U.S.C-&G Sunrey (revised 1971 edition); hence easterly to the shore at Braddock Point at a point, which is 3.04 feet above mean sea level; and hence northeasterly along the beaches of the Atlantic Ocean at a 1 ine equal to 3. 04 feet above mean sea level to a point of the intersection of the mean high water line and an extension of the eastern boundary of the said Canvas Back Subdivision; hence north 28 o 15' west along the said extension line to a point, which point is the southeastern corner of Canvas Back Subdivision, which point is the point of beginning.