Bill 2085

                    Current Status

Bill Number:               2085
Ratification Number:       10
Act Number                 219
Introducing Body:          House
Subject:                   County lines of Charleston and Berkeley
                           counties

(A219, R10, H2085)

AN ACT TO ALTER THE COUNTY LINES OF CHARLESTON AND BERKELEY COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY, TO MAKE PROVISIONS OF LEGAL AND TAX RECORDS, AND TO PROVIDE FOR THE ASSUMPTION OF INDEBTEDNESS BY BERKELEY COUNTY.

Whereas, an election has been held in Charleston County to determine whether or not the qualified electors residing in that portion of Charleston County described below wish to have such area annexed to Berkeley County; and

Whereas, in this election in Charleston County more than two-thirds of the votes cast were in favor of such annexation, in accordance with the provisions of Section 11 of Act 697 of 1976; and

Whereas, an election has been held in Berkeley County to determine whether or not the qualified electors of Berkeley County wish to have such portion of Charleston County annexed to Berkeley County; and

Whereas, in this election in Berkeley County, a majority of the votes cast were in favor of such annexation in accordance with the provisions of Section 11 of Act 697 of 1976; and

Whereas, the constitutional and statutory requirements for annexation have been complied with. Now, therefore,Be it enacted by the General Assembly of the State of South Carolina:

Portion of area of Charleston County annexed to Berkeley County

SECTION 1.The following described portion of Charleston County is hereby transferred and annexed to Berkeley County:

ALL that area now situate, lying and being in the County of Charleston beginning at a point on the Berkeley-Charleston County line, located in the stream of the Wando River (the point of beginning), thence proceeding east to a point located on edge of marsh, thence proceeding east 800 feet to a point which is on the western right-of-way of S. C. 41, thence proceeding east 75 feet to a point which is on the eastern right-of-way of S. C. 41, thence proceeding south 104.4 feet along the right-of-way of S. C. 41, thence proceeding southeast 1,038 feet, thence proceeding northeast 320 feet to a point on the edge of marsh on the Wando River, thence proceeding northeast to a point on the Berkeley-Charleston County line in the Wando River, thence proceeding along said Berkeley-Charleston County line northwest and then southwest to point of beginning; which area is more fully shown and delineated by reference to a plat entitled "Plat of Two Parcels of Land Proposed for Annexation to Berkeley County, the Property of Detyens Shipyard, Inc. - Parcel I, Williams J. Detyens - Parcel II", dated March 26, 1982, as certified by Wendell C. Powers, S. C. Reg. L. S. No. 5303, Georgetown, South Carolina; Samuel M. Harper, S. C. Reg. L. S. No. 1003, Georgetown, South Carolina; and William H. Durden, S. C. Reg. L. S. No. 8099, Surfside Beach, South Carolina; as recorded in the Office of the Register of Mesne Conveyance for Berkeley County at Plat Cabinet E, Page 9. Be all the said measurements a little more or less.

Records to be transferred

SECTION 2. Upon application, the clerk of court, register of mesne conveyances, sheriff, and probate judge of Charleston County shall furnish certified copies of any judgment roll, entry on abstract of judgment book, will, record, execution, decree, deed, mortgage, or other papers signed or recorded in the office of such officers, upon payment of proper fees and when such certified copy is filed or recorded in the proper office of Berkeley County, the same shall have the same force and effect in Berkeley County that it had in Charleston County and any record not so transferred shall continue in force and effect and each shall have the same force and effect in Berkeley County as if it had been transferred and made a record in the proper office in Berkeley County.

Bonded indebtedness assumed

SECTION 3. In accordance with Article VII, Section 7, of the Constitution of South Carolina, 1895, Berkeley County shall assume forty-three thousand one hundred ninety-five dollars of the indebtedness of Charleston County. The provisions of Sections 3, 4, and 5 of Article VII of the Constitution of South Carolina, 1895, shall also be complied with.

Reproduction of tax records

SECTION 4. Charleston County shall provide Berkeley County copies of all necessary tax records concerning the property annexed to Berkeley County on the basis of actual cost of reproduction of the documents.

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.