HomeMy WebLinkAboutS Easement - Town of Hillsborough Request for Cates Creek Outfall Sewer Easement Across County Property~,~ - 2/9/~aa,~
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Town of Hillsborough
PO Box 429
Hillsborough, NC 27278
ORANGE COUNTY
NORTH CAROLINA
DEED OF EASEMENT
(WATER/SEWER LINE EASEMENT)
THIS DEED OF EASEMEI~TT, made this ~_~ay of-~~06, by and between
Orange County, North Carolina, ("Grantor"), and the Town of Hillsborough, North Carolina, a
municipal corporation, 101 East Orange Street, P.O. Box 429, Hillsborough, North Carolina
27278 (the "Town"):
WITNESSETH:
THAT WHEREAS, grantor is the owner of certain real property located in Hillsborough
Township, being more specifically described in Book 3045, at Page 115, Orange County Court
House- (the "Property");
THAT WHEREAS, the Town of Hillsborough proposes to construct or otherwise
improve its water and/or sewer system along qr near Cates Creek;
NOW, THEREFORE, in consideration of the sum of Ten and No/100 ($10.00) Dollars,
and other good and valuable consideration paid to Grantor, the receipt and sufficiency of which
is hereby fully acknowledged, grantor does hereby give, grant, quitclaim, and convey unto the
Town of Hillsborough, its successors and assigns, the right and privilege and perpetual easement
over, upon and through the Property to construct, install, maintain, repair, modify or remove one
or more underground water and/or sewer lines, all as more specifically described and located on
a copy of a plat, which plat is recorded in Book 98 Page 174, Orange County Registry; together
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with the perpetual right and easement to go upon the Property whenever the same is reasonably
necessary for the purposes of constructing, inspecting, and maintaining said lines and making
all necessary alterations and repairs thereto along with a temporary construction easement as
shown on the above referenced plat. The Town of Hillsborough shall return the site in the same
or better condition than that which existed prior to construction. To wit, the Town will ensure
that the project construction contractor will:
• record the condition of the existing asphalt pavement on site between Valley Forge Road
and area where the pavement that will be removed and replaced during the laying of
water/sewer lines. Pavement up to and adjacent to this construction area will be
removed and replaced to the satisfaction of the owner if the pavement is shown to have
been damaged by the movement of the contractor's equipment and supplies; and
• remove and replace the existing chain link fence in the construction area along the
southeast boundary of the property. The reinstalled fencing shall consist of the existing
chain link fabric, insofar as it is not damaged by construction, removal, storage or
reinstallation operations, with new posts and rails; and
• install reflective construction area warning marking and fencing along the building side
of the trenced area within the existing paved area to ensure that the periphery of trench
area is readily visible in any weather and in low light condition; and
• backfill the portion of the trench excavation within the existing paved area to 100%
density, Standard Proctor: and
• saw cut all pavement to be removed during construction or pavement repair operations;
and
• provide minimum continuous 10" bituminous concrete base and surface course
pavement sections bearing 18" minimum on undisturbed earth along utility trench
section within paved area; and
• coordinate work within paved area with Builder's First Supply manager and provide one
week notice of work within paved area; and
• maintain forklift access between construction warning fencing and rear door of building;
and
• all work within existing paved area, including backfill and repaving of trench area and
paving repairlreplacement shall support H520 vehicular loading when complete; and
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• outside of paved areas, shall remove all surplus earth, shall make level the surface of the
ground above said lines and apparatus, and shall interfere as little as is reasonably
possible with any plants, fences, or other improvements upon the Property.
• provide insurance coverage protecting the Grantor and its tenant from any damages
resulting from the work to be carried out. Insurance coverage must specifically cover
blasting exposures and be in an amount no less than $Smillion. Contractor shall provide
certificates of insurance, naming the Grantor and its tenant as additional named insureds.
The Grantor shall not interfere with the right of the Town of Hillsborough of ingress and egress
to the Property for the purpose of maintenance and repair of said main or mains or the
construction and repair of laterals and connections, and shall not construct or allow construction
of new improvements within the easement that would interfere with the Town of Hillsborough's
future maintenance or operation of the lines.
The Town of Hillsborough shall also have the right of ingress and regress through, over,
and across the Property to and from said easements at such times as the Town of Hillsborough
deems it necessary for the purpose of constructing, maintaining, and inspecting said lines and of
making all necessary alterations and repairs thereto; the lines of pipe shall be located at such
point or points, elevation or elevations below the surface of the earth as shall be necessary, for
proper operation of the system, and shall be established at the proper grade for running said lines
and for conveying sewage and /or water as aforesaid, and said manholes, if any, shall be at such
point below or above the surface of the earth as maybe necessary for the proper operation of said
pipe line or lines; and the Town of Hillsborough shall have the right, privilege and easement to
tap the line or lines and construct laterals from the main to the outside boundary of right-of--way
over which this easement and privilege extends.
It is understood and agreed by the parties that the execution and delivery of this deed of
easement by the Grantor and its acceptance by the Town of Hillsborough shall not obligate it to
construct sewer and/or water lines or permit connections to its sewer and/or water systems. It is
further understood and agreed that failure of the Town of Hillsborough to construct
improvements within the said easement and/or to clear or keep cleared the land shall not impair
in any way the rights, privileges and easements conveyed hereunder.
Grantor makes no warranty, express or implied, as to the title to the Property.
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IN TESTIMONY WHEREOF, Grantor has caused this instrument to be duly executed
and delivered the year and day first above written.
Orange County, North Carolina
ATTEST:
Donna S. Baker
Clerk to the Board of Commissioners
NORTH CAROLINA
ORANGE COUNTY
I, ~~CIQ(~C.~JQ~S , a Notary Public of the County and State aforesaid,
certify that Donna S. Baker personally came before me this day and acknowledged that she is
Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority
duly given and as the act of said County, the foregoing instrument was signed in its name by the
Chair of said Board of Commissioners and attested by her as Clerk to said Board of
Commissioners.
Witness my hand and official stamp or seal, this the ~~ day of , 20~~0 .
~~~VL~rU C,~, C~U G~v~-_
Notary Public
My commission expires:
~~ . I(1 OG~ OFFICIAL SEAL
OC I Notary Publk, NpN-~ ce~pq~
ORANGE COUNTY
' ..~ M NICA C EV NS
My Commission Expires~-
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Commissioners